Terms of Use

This website (www.stackable.app) and our related services, including our learning platform at learn.stackable.app, are operated by Stackable Group Pty Ltd (ACN 692 067 244) (Stackable, we, us, or our).

By accessing or using our website or services, you agree to these Terms of Use, including our Privacy Policy (available at www.stackable.app/privacy) (together, the Terms). If you do not agree to the Terms, do not use our website or services.

To enrol in a course or access our learning platform, you must register for an account. To create an account, you need to:

• be at least 18 years of age; and
• have the legal capacity to enter into a binding contract with us.

When you register, you provide information such as your name, email address, phone number, role, job title and the organisation or school you work for. You must keep this information accurate and current. We handle this information in accordance with our Privacy Policy.

You are responsible for keeping your account credentials secure and for all activity on your account. You must notify us promptly if you suspect any unauthorised use of your account.

When you register an account, contact us, or use our services, we collect personal information about you. We use this information to provide our services, manage your account, communicate with you, and for other purposes set out in our Privacy Policy at www.stackable.app/privacy.

We may disclose this information to the recipients listed in our Privacy Policy, including third-party service providers that help us operate Stackable. Some of these recipients are located outside Australia, including in Canada, France and the United States.

If you do not provide the information we request, we may not be able to provide our services to you.

Our Privacy Policy explains how to access or correct your personal information, how to make a privacy complaint, and how we will handle complaints.

The information on our website is for general informational purposes only. We do not guarantee that it is complete, current or free of errors, and we may change our website, including these Terms or the products and services described, at any time and without notice.

To the extent permitted by law, including the Australian Consumer Law, we exclude all warranties regarding the accuracy, completeness or currency of the information on our website.

Our courses are intended for the educational and professional development of education support workers, educators, allied health professionals and other learners. They are not intended to:

• be a substitute for professional advice, diagnosis or treatment;
• replace the relationship between an individual and their qualified medical, mental health or allied health practitioner; or
• constitute specialist clinical advice for any specific person.

The information in our courses is general in nature. If you have specific concerns about a person's wellbeing, behaviour or mental health, you should seek advice from a qualified practitioner.

When you purchase access to a Stackable course:

• you must pay the price displayed for the course (including GST) using a payment method we accept;
• payment is processed by Thinkific Payments via Stripe, Inc. We do not store your card details; and
• you acknowledge that our courses are delivered through Thinkific's learning platform at learn.stackable.app. Your use of that platform is governed by Thinkific's terms of service, in addition to these Terms.

We may change our prices at any time. A price change will not affect a purchase you have already completed.

If the information you have provided affects the price you were charged (for example, organisational or discounted pricing), we may adjust the price if that information is later found to be inaccurate.

Once your purchase is complete, we will email you a confirmation and provide access to the course. Access to a course continues for 12 months from the date of purchase.

Organisational and multi-user licences are available on request. Contact us at admin@stackable.app to discuss.

You may request a refund within 14 days of your purchase. To request a refund, contact us at support@stackable.app with your name, the date of purchase, and the course purchased.

If we approve your refund, it will be processed via Thinkific Payments to your original payment method. Refunds typically appear in your account within 5 to 10 business days, depending on your card issuer.

This refund policy is in addition to your rights under the Australian Consumer Law (see Section 15).

Our website may contain links to websites operated by third parties. We do not endorse those websites and are not responsible for their content. Use of those websites is governed by their own terms.

We (or our licensors) own all intellectual property rights in our website, our courses and all related content, including text, graphics, logos, audio, video and software (Content).

We grant you a non-exclusive, non-transferable licence to access and use our website and the courses you purchase, subject to these Terms.

Except as expressly permitted in these Terms or otherwise allowed by law, you must not copy, modify, distribute, publish, sell or otherwise commercially exploit any part of our website or our Content.

You may use our website and the courses you have purchased for your own learning and professional development. You must not:

• resell or redistribute access to our courses;
• use our Content to develop a competing product or service;
• scrape or systematically extract our Content; or
• use our Content to generate advertising or other revenue on another website or platform.

You must not use our website or services to:

• engage in any activity that breaches any law or infringes the rights of any other person;
• post, upload or transmit any content that is unlawful, defamatory, harassing, obscene, threatening or otherwise objectionable;
• post or transmit any content that violates the privacy or intellectual property rights of any other person;
• impersonate any person or misrepresent your affiliation with any person or organisation;
• introduce malicious code (including viruses, worms or trojans) to our website or systems;
• attempt to gain unauthorised access to our website, systems or any other user's account;
• use automated means (including scraping, bots or crawlers) to access our website or services, except as expressly permitted by us; or
• interfere with or disrupt the operation of our website or services.

If you post content on our website (for example, in a course discussion or reflection), we may, at our discretion, remove it if we believe it breaches these Terms.

When you post content on our website (for example, reflections, course discussion responses or other materials), you retain ownership of that content.

You grant us a non-exclusive, royalty-free, worldwide licence to host, store, display, reproduce and use your content to operate and provide our services.

You warrant that:

• you own or have all necessary rights in the content you post;
• your content does not infringe the intellectual property, privacy or other rights of any other person; and
• your content is not unlawful, defamatory, harassing or otherwise in breach of these Terms.

We may remove or refuse to host any content we reasonably believe breaches these Terms.

To the maximum extent permitted by law, including the Australian Consumer Law, we provide our website, courses and all related Content "as is" and make no warranties about them, including that they will be complete, accurate, current, uninterrupted, error-free or secure.

We may modify or discontinue our website, courses or any feature of our services at any time. If this affects a course you have already purchased, we will give you reasonable notice and, where appropriate, provide access to a substantially equivalent course or a refund.

We may suspend or terminate your access if we reasonably believe you have breached these Terms.

To the maximum extent permitted by law, including the Australian Consumer Law, we are not liable for any indirect, consequential, special or incidental loss or damage arising out of or in connection with our website, our courses or these Terms, including loss of profits, loss of revenue, loss of business opportunity, loss of data, or loss arising from any inaccuracy or unavailability of our website or services.

Where our liability cannot be excluded but can be limited, our total liability to you for any claim is limited to the amount you have paid us in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law or any other applicable law.

Our courses are subject to consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, all other warranties and conditions in relation to our courses, whether express or implied, are excluded.

You may close your account at any time by contacting us at admin@stackable.app. When you close your account, your access to our website, services and any active courses will end.

Closing your account does not entitle you to a refund of any course fees you have paid, except as set out in Section 7 (Refunds and cancellations) or as required by law.

We may update these Terms from time to time. The current version is always available on our website. If we make material changes, we will give you reasonable notice before they take effect. Your continued use of our website or services after a change takes effect constitutes acceptance of the updated Terms.

These Terms and your use of our website and services are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria.

Waiver. Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

Severability. If any part of these Terms is found invalid or unenforceable, the remainder of the Terms remains in effect.

Entire agreement. These Terms (together with our Privacy Policy) constitute the entire agreement between you and Stackable regarding your use of our website and services and supersede any prior agreements or understandings.

Force majeure. We are not liable for any failure to perform our obligations under these Terms if the failure is caused by an event beyond our reasonable control.

Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may transfer our rights or obligations under these Terms at any time.