Talking Ageing Online Terms of Service

Last updated 2 January 2024

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Welcome!

1. Welcome to Talking Ageing! We offer content, courses, programs and other solutions to empower families, carers and older people to successfully navigate the ageing journey. We thank you for accessing the Talking Ageing platform and the features, content, courses, programs and services we make available to you through our platforms (together, the “Services”).

2. The Services are offered to you and rendered by Talking Ageing Pty Ltd (ABN 16 667 065 661) (“Talking Ageing”, “we” and “our”). “Affiliates” of Talking Ageing include current and future subsidiaries and other entities in our corporate group and their distributors and licensees.

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Our Rules

1. Your use of the Services is governed by these Terms of Service (“terms”) and our Community Guidelines. Together, these “Rules” form a binding legal contract between you and Talking Ageing, so please read all the Rules carefully and make sure you understand them. If you do not understand the Rules, or do not accept any part of them, you must not use the Services.

2. From time to time, Talking Ageing may change and improve the Services, and we may amend and update our Rules by posting them online. The most current terms will always be posted on this page. We will use commercially reasonable efforts to notify you of any material changes to these terms and other Rules, such as through a notice on the Talking Ageing website. You should look at this page regularly to check for such changes. We will also update the “Last Updated” date above, which reflects the effective date of these terms. By continuing to use the Services after this date, you accept the current terms, as amended. If you do not accept any amendments, you must not continue to use the Services.

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Parental Consent and Minors

1. With consent from your parent or guardian, users aged 13 years or older may create an account and access and use the Services]. If you are aged under 18, you represent that you have permission to use the Services from your parent or guardian, who should read and accept these terms with you.

2. You must not create an account or access or use the Services if you are not aged 13 years or older and you do not have authorisation from your parent or guardian. If we learn that someone under the age of 13 is using the Services and/or is using the Services without necessary permissions, we will terminate that user’s account.

3. If you are a parent or legal guardian of a user under the age of 18, by allowing that user to use the Services, you accept and are subject to the Rules and responsible for that user’s use of and activities on the Services.

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Your Content

1. With your account and our Services, you may be able to post and share videos, text, images, sound recordings, messages, profile information, and other content to Talking Ageing publicly (via our platforms, including social media accounts) or privately (by emailing us directly) (“Your Content”). You retain your ownership rights in Your Content.

2. By submitting Your Content via the Services, you hereby grant Talking Ageing (and its successors and Affiliates) an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, sublicensable, and perpetual worldwide license to use, modify, adapt, reproduce, display, perform, make derivative works of, publish and/or transmit, and/or distribute Your Content in any format and on any platform, either now known or hereinafter invented, including for the purpose of promoting and redistributing part or all of the Services. Notwithstanding this paragraph, Talking Ageing will not publicly disclose content that you share with us via private communications (such as email enquiries) without your express permission.

3. As between you and Talking Ageing (and its successors and Affiliates), you hereby waive all moral rights in Your Content, and consent to Talking Ageing attributing or not attributing Your Content to you and dealing and adapting or editing Your Content in Talking Ageing’ reasonable discretion for the purposes of providing and/or promoting the Services. You further grant Talking Ageing a royalty-free licence to use your name and image to identify you as the source of any of Your Content (that you have shared publicly via our platforms, including social media accounts).

4. For example, if you share content publicly via our platforms, Talking Ageing may make Your Content available to other users of the Services, and Talking Ageing and/or other users may combine Your Content with content created by other users. Notwithstanding this, the sublicense to other users of the Services does not grant any rights or permissions for other users to make use of Your Content independent of the Services.

5. In all cases, you represent that:

   1. your Content does not violate our Rules;

   2. your Content does not violate anyone else’s rights, including their privacy, confidence, or intellectual property rights; and

   3. you either own Your Content or you have received all necessary permissions or clearances to submit it to the Services from, or are authorised by, the owner of any part and all persons recorded or appearing in Your Content. 

This means that you are granting us the right to use Your Content without the obligation to pay any payments, including royalties, to any third party or other royalty participants involved in the creation of Your Content.

1. Further, whenever you share content publicly via our platforms, Your Content will be considered non-confidential and non-proprietary, and you must not post any content publicly on or through the Services or transmit to us any content that you consider to be confidential or proprietary.

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Account Information, Privacy and Security

1. Upon creating an account and signing up to become a user of our Services, a username and password will uniquely identify you and your account, including when you sign in via our third party single-sign-on solution.

2. Your account information must be true and complete, and you must keep your contact and other account information up to date.

3. All data that we collect from you may be used in accordance with Section 14 (Privacy).

4. Talking Ageing will never ask you to divulge your password. You must maintain the security of your username and password, and you may not share your account or password with others.

5. You must use best efforts to prevent any third person from using your account, and you must inform us immediately at [email protected] of any actual or potential unauthorised use of your account. You are responsible for all activity on the Services that occurs using your account, including any violations of our Rules.

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Our Materials

1. The Services include access to self-directed resources, courses and programs , including live webinars, pre-recorded videos and webinars, sound recordings, workbooks, slideshows, worksheets, information booklets and papers. Besides Your Content (defined above) and as between you and Talking Ageing, all such content and software, recordings, images, text, graphics, illustrations, logos, patents, trade marks, service marks, copyrights, photographs, audio, videos, music on, and “look and feel” of the Services, and other content and all intellectual property rights related thereto (the “Materials”), are either owned or licensed by Talking Ageing.

2. The Materials may be offered free of charge or via courses and programs that are paid for in advance.

3.  By accessing Materials, whether via free resources or paid courses or programs, you agree that:

   1. once you pay for a course or program you will have ongoing access to that course, however:

      • Talking Ageing may change, update or modify the Services, or any Materials accessed through the Services, in which case we will send a notice to your registered email address, and we will ensure that you are offered access to a course or program that is at least an equivalent, or an improved, version of the course you paid for; or

      • Talking Ageing may, at any time remove or restrict access to the Services or Materials due to your breach of the Rules or for legal and compliance purposes; or

      • Talking Ageing may at any time discontinue, suspend, withdraw or restrict availability of all or any part of our Services or Materials for business and operational reasons with reasonable notice to you to the extent practicable, and if we determine, at our discretion acting reasonably, that you have not used or sufficiently accessed the Services or Materials already paid for, we will refund a pro-rated portion of the applicable Payment;

   2. the prices of our paid courses and programs are as set out on our platform, or as notified to you from time to time, and are subject to change, at our discretion;

   3. if Talking Ageing offers access to paid Services on a temporary basis (via promotional or trial periods), your access will cease upon expiry of that period, or earlier, at Talking Ageing’s sole discretion;

   4. you must uphold and respect the privacy and confidentiality of any information you receive from other users during the course of your engagement with our Services; and

   5. your access to free resources will be provided at Talking Ageing’s sole discretion, and if we collect your personal information (such as an email address) to share free resources with you, you agree that we may use that information in accordance with Section 14 (Privacy).

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IMPORTANT NOTICE: NOT PROFESSIONAL ADVICE OR PROFESSIONAL SERVICES. Your use of the Services is not a therapy service and does not create a therapist-patient relationship between you and Talking Ageing (or its representatives) or any other user or third party associated with the content on our Services. Your access to and use of our Services and Materials is provided for general information purposes only. It is not intended to be a substitute for qualified medical advice, therapy services, mental health services, assessment services or diagnosis and treatment services prof and should not be relied on in place of any such professional service. Your use of our Services or the Materials is at your own risk, and Talking Ageing assumes no liability or responsibility for your reliance on the Services or Materials.    

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When you view content provided by others on the Services, you are doing so at your own risk. The information and materials in user-created content, including content created by users using Materials provided by Talking Ageing, have not been verified or approved by us. We make no representations, warranties or guarantees, whether express or implied, that any user-created content is accurate, complete or up to date.

Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or the information you may obtain from them.

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We may, but are not obliged to, moderate content posted publicly by you and other users on the Services, and may delete, remove, edit or refrain from publishing Your Content or user-created content. However, you acknowledge that we have no obligation to pre-screen, moderate, monitor, review, edit or refrain from publishing any content posted publicly by you and other users on the Services. The views expressed by other users on the Services do not necessarily represent our views or values.

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Payment

1. You will pay Talking Ageing the applicable fee as detailed on our platform (Payment) in advance of receiving access to the relevant Materials.

2. Once you have made Payment, you will receive a confirmation email with a link to access the relevant Materials.

3. All payments are payable in US dollars (and will be converted upon making payment).

4. Payments are non-refundable once paid, unless a refund would be required by law or except as set out under this Section.

5. Talking Ageing accepts credit card payments and may add other payment options (as detailed on the checkout page when you complete the payment transaction).

6. IMPORTANT NOTICE ABOUT REFUNDS: We are positive that you will benefit from the Services and Materials we offer if you genuinely and meaningfully engage with them. We provide a 7-day money-back guarantee on our paid courses and programs. If you are not satisfied with a paid course or program, you may email us at [email protected], with your feedback. If we are unable to resolve your concerns and it is evident, from the information you provide, that you have genuinely and meaningfully attempted to apply the tips and strategies shared in our course or program, we will refund your Payment and terminate your access to the relevant course or program. Refunds in accordance with this section will be processed at our discretion. Your refund will be applied to the bank card that you used to make the Payment, and will be processed within 3 – 10 business days.

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Conditions of Use

1. Subject to your compliance with the Rules and while you maintain an active account with us, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, license to access and use the Services and to access the Materials solely for your personal, non-commercial use through your use of the Services. This means you must not reproduce, create derivative works from, perform, modify, adapt, publish, store, use, transmit electronically or otherwise, distribute, or in any other way exploit, by any means in whole or in part, the Services or the Materials, except for your own personal, non-commercial use, for you or your family for a purpose that is expressly permitted in relation to those Materials, as set out in the specific Materials. Talking Ageing reserves all rights not expressly granted herein in the Services and the Materials.

2. Further, in consideration of your access to the Services, you agree not to:

   1. create a false identity on the Services, falsely impersonate others, provide false account information, or provide any other misleading or deceptive information;

   2. use or attempt to use another user’s account or distribute, license, transfer, or sell your account to another person without our consent;

   3. use the Services or Materials or any other information or content to violate the Rules, any laws or regulations that apply to you, or anyone else’s rights (including privacy and intellectual property rights);

   4. upload, post, transmit, share, store, or otherwise make publicly available through the Services or Your Content any private information of another user or a third party, any content that infringes any proprietary rights of any party;

   5. upload, post, transmit, share, store, or otherwise make available content that defames, slanders, or libels any party, is discriminatory against others or otherwise violates the laws of the jurisdiction in which you reside;

   6. use the Services in a way that may cause Talking Ageing to violate any law, regulation or anyone else’s rights (including privacy and intellectual property rights);

   7. take any unlawful or unauthorised actions or in any way damage, disable, overburden, disrupt, or impair the Services infrastructure or circumvent or attempt to circumvent the privacy, security and access control features of the Services or for any Materials;

   8. upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs that may disrupt, disable, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment of Talking Ageing or other users of the Services;

   9. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

   10. collect email addresses or other contact information of other users from the Services;

   11. send, upload, post, transmit, share, or otherwise make available unsolicited or unauthorised communications to other users of the Services;

   12. solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial, unauthorised, or unlawful purposes;

   13. intimidate or harass another, collect personal information on or “cyberstalk” another, or engage in conduct that negatively affects the online experience of other users;

   14. upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable law;

   15. upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Talking Ageing, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Talking Ageing (or its Affiliates and licensors) or its users to any harm or liability of any type;

   16. modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Services or its software, whether in whole or in part, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works of such source code; or

   17. aid or assist others, directly or indirectly, to engage in any act or omission that would otherwise constitute a violation of our Rules.

3. Use of the Services or Materials for any purpose not expressly permitted by these terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our Affiliates’ or licensors’ prior written consent. We reserve all rights not expressly granted.

4. The Materials may be subject to additional use restrictions, as set out in the specific Materials. If you use those Materials, you must comply with those use restrictions. In all cases, you must not remove any trade mark notices, copyright notices, or attribution of authorship that appears on the Materials.

5. You do not have any right to resell, lease, or grant licenses to the Materials, including by sharing your user information to enable other people to access the Services to obtain copies of the Materials, or by uploading the Materials to other sites, including streaming or torrent sites.

6. Any violation of our Rules may result in suspension, restriction, or permanent termination of your account in the sole discretion of Talking Ageing. If we suspend, restrict, or terminate your access to the Services or Materials because you have violated our Rules, you may not create another account or use the Services, including by using another person’s account.

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Removal of Content by Talking Ageing

1. If any of Your Content is in breach of this Agreement or may cause harm to Talking Ageing, our users, or third parties, we reserve the right to remove or take down some or all of such content in our discretion.

2. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Talking Ageing or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Talking Ageing or our Affiliates. In the event Talking Ageing removes Your Content from the Services for any reason, you will not be entitled to any compensation.

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No Warranty

1. Nothing in these terms will affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.

2. The Services are provided “as is” and we make no warranty or representation to you with respect to them. In particular we do not represent or warrant to you that:

   1. your use of the Services will meet your requirements;

   2. your use of the Services will be uninterrupted, timely, secure or free from error;

   3. any information obtained by you because of your use of the Services will be accurate, complete or reliable;

   4. use of the Services will produce a specific result or outcome; and

   5. defects in the operation or functionality of any software or platform access provided to you as part of the Services will be corrected.

3. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose, noninfringement, or conformance with description) apply to the Services except to the extent that they are expressly set out in the terms.

4. Except as already provided for under these terms, Talking Ageing will not be liable to you or any third party for changing, suspending, withdrawing or restricting availability of all or any part of our Services or Materials for any reason.

5. We do not warrant or guarantee that our Services or Materials will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to safely access our Services or Materials. You should use your own virus protection software.

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Limited Liability

1. You use the Services and Materials at your own risk. Nothing in these terms will exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.

2. If any statutory provisions apply (including the Competition and Consumer Act 2010 (Cth)), notwithstanding any other provision of this Agreement, to the extent to which we are entitled to do so, we limit our liability in respect of any claim to:

   1. at our option:

      • the supply of the Services again; or

      • the payment of the cost of having the Services supplied again.

3. Subject to the paragraph above, we will not be liable to you for:

   1. any indirect or consequential losses which may be incurred by you; and

   2. any loss or damage which may be incurred by you as a result of:

      • any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

      • the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;

      • your failure to provide us with accurate account information; or

      • your failure to keep your password or account details secure and confidential.

4. Please note that we only provide our Services and materials for personal, informative and non-commercial use. You must not use them for any commercial or business purposes, and we have no liability to you for any loss of profit, opportunity, goodwill, business reputation or business interruption.

5. These limitations on our liability to you will apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

6. You are responsible for any mobile charges that may apply to your use of our Service, including text-messaging and data charges.

7. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

8. Talking Ageing is not obligated to maintain a back-up of Your Content, and Talking Ageing will not be liable for any lost or corrupt content or data suffered by you.

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Indemnity

1. You will defend, indemnify, and hold harmless Talking Ageing (and its Affiliates) in respect of any claim, action, damage, loss, liability, cost, charge, expense, outgoing, or payment, including without limitation, legal fees, howsoever caused, which Talking Ageing (or its Affiliates) pays, suffers, incurs or is liable for as a result of your breach of these terms or the Rules or in connection with any of Your Content. This means you will be responsible for any loss or damage we suffer as a result of your acts or omissions.

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Links to This and Other Websites

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website or platform in which you are linking must comply in all respects with our Rules. We reserve the right to withdraw linking permission without notice.

2. The Services, or the Materials, may contain links to third party websites, advertisements or information on those websites. Talking Ageing has no control over the nature, content and availability of third-party websites. The inclusion of any links to other websites, does not necessarily imply a sponsorship, endorsement or approval of those websites or the views expressed within them, and Talking Ageing takes no responsibility for the content on those websites.

3. Any use of the Materials, third party websites and information is at your own risk.

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Privacy

1. We collect information from you directly (for example, when you provide your name or email address to us) and indirectly (for example, via cookies and tracking technologies that track users’ engagement with our Services and improve functionality).

2. We do not ask our users to provide their sensitive information (for example, information about their health, religious or political views). But if we do collect sensitive information, it’ll be because you volunteered it with your informed consent.

3. Most of the time the information we collect will be non-personally identifiable (it will not be able to identify you), but sometimes the information will be personally identifiable (it will be able to identify you, “Personal Information”).

4. In addition, we use your information (non-personally identifiable information and Personal Information), for various purposes, including to:

   1. provide access to our Services and Materials;

   2. authenticate your identity and set up your account;

   3. communicate with you using the contact information that you have provided to us, including in connection with the Services you have opted-in to, to promote Services that you have not yet opted-in to and for administrative purposes;

   4. process your payment information;

   5. provide customer support and respond to your feedback and questions;

   6. enable users to share content and links;

   7. provide information to you about new courses, programs or free resources that we offer;

   8. monitor user engagement to administer, support and optimise the Services and our communications for you and other users;

   9. comply with applicable laws and regulations, and prevent fraud and abuse;

   10. conduct administrative and internal operational functions;

   11. support security of our Services and the safety of our users;

   12. enforce the Rules; and

   13. carry out other activities or services that are described to you at the time of collection.

5. We may provide your data to third parties to help us conduct administrative functions, maintain access to our platform and the Services, support customer management or collect and/or assess customer data on our behalf. Generally, the information we share is non-personally identifiable, but sometimes non-personally identifiable information can be capable of identifying a person when combined and assessed together. By providing your information, you consent to this potential disclosure of your Personal Information. 

6. If we share your Personal Information directly with third parties, for example, in a promotion or competition with a partner of ours, we will first seek your consent.

7. Aside from the above, we may also share your Personal Information to comply with applicable laws, regulations, legal processes or audits, or to protect the security of our Services or safety of other users (acting reasonably), or if we are involved in a business sale, merger, refinancing, insolvency or sale of our assets, or with our current or future associated entities or affiliates.

8. You have a right to access, edit and manage your Personal Information. You may control, opt-in to, and opt-out of certain communications via your account settings. If you have any questions about how we collect, use, store and secure your information, or if you have feedback or would like to make a complaint, please email us at [email protected].

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Entire Agreement

These Terms of Service, together with the other Rules, represent the entire agreement between you and Talking Ageing concerning your use and access to the Services and your use and access to the Materials on and through them. All implied terms except those implied by statute and which cannot be expressly excluded are expressly excluded.

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Severability

1. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms, and the remaining provisions of the terms will continue to be valid and enforceable.

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Interpretation and Governing Law

1. In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. These terms and the Services are governed by the laws of New South Wales. Both you and Talking Ageing submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, and you and Talking Ageing consent to personal jurisdiction in those courts.

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Contact

1. You may contact Talking Ageing at the following addresses:

2. Email Address: [email protected]

3. Postal Address: PO Box 542, Rose Bay, NSW Australia 2029