Course Disclaimer: How to Remodel a Bathroom
Last updated on 13 March 2025
TERMS AND CONDITIONS - THE DESIGNER BUILDER COLLECTIVE PTY LTD (ABN: 20684253058)
Welcome to our Designer Builder Courses! These terms apply when you sign up for our online course through our website, being https://thedesignerbuilder.com/ and any other websites we operate with the same domain name and a different extension (Website).
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DISCLAIMER The Designer Builder provides information that is general in nature. Any information in the Services (defined below) is not a substitute for professional building and trades advice. The Designer Builder cannot give you individual advice about your situation, building and renovations. We encourage all users to seek appropriate professional to evaluate any particular issues related to your individual situation, renovation, house, project or build. (General Information) Any information on the Online Course (defined below) and as part of the Services is provided to you as general information only. While our Online Course has been prepared with every effort to help you learn how to project manage your renovation, the information provided in our Online Course is general in nature which is only designed to teach you about how you could project manage your renovation. Our Online Course does not take into account your personal circumstances or specific goals. All information provided as part of our Online Course is not intended to be professional advice of any kind and should not be relied on as such. (No building advice) The purpose of providing you with the Services is to provide you with general information for project management. We are not teaching you or showing you how to do any actual building works, including renovating bathrooms. Our Online Courses are designed to teach you project management skills for renovation and building. This would include what trades you need to employ, when you need to employ them, process flow, and the overall renovation process. However, the Services do not cover ALL information needed for building and project management. You must always use licensed builders and tradespeople to perform any renovation and building work. We do not encourage you to do any of this work yourself if you are not qualified. Any structural work has to be done by licensed professionals. You are responsible for hiring all professionals and we will not be liable to you if you hire inappropriate or unlicensed tradespersons. (You should not be picking up a tool) The Services are for project management only. You should not be picking up a tool or doing building works. Nothing in the bathroom renovation process, or any building process, should be carried out by yourself. (Compliance with laws) You are responsible for complying with all laws in carrying out any renovations or building work including but not limited to: obtaining appropriate licences, clearances and qualifications, complying with all building codes including relating to asbestos and dangerous materials, complying all health and safety laws including providing a safe working environment and equipment and providing any personal protective equipment. If you are unsure about any laws, please contact your local building bodies and local government agencies to confirm you can undertake the renovations or any building work you propose. (No responsibility) We accept no responsibility from any adverse effects from using the information in the Online Course or in the Services, including the use of, or any other features of the App. We merely provide a service and information for project management. It is your responsibility to ensure you engage in any renovations or building works safely. (Results not guaranteed) We cannot guarantee any results from your use of the Services. Any recommendations provided by the Online Course cannot be guaranteed. Many factors will be important in determining whether you achieve any actual results in relation to a renovation or build and there is no guarantee that you will be able to achieve this, or any other personal or project management goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate financial, legal and other professional advice before relying on the information provided during our Online Course. We make no warranties or representations regarding the success, profitability, or quality of any projects undertaken using this Online Course content. Any reliance on the Online Course is at your own risk. (Suitability) We make no representation or guarantee that our Online Course will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Online Course you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to building, renovations or tradespersons, or otherwise by are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Online Course may not meet your specific needs, circumstances or goals. If you are unsure about anything in our Services, or participating in our Services, we encourage you to seek professional advice or other advice including from a qualified builder or tradesperson prior to using our Services. |
RISK WAIVER – YOU SHOULD NOT BE PICKING UP A TOOL
By participating in the Services, you acknowledge and agree that:
the Online Course and the Services do not encourage you to engage in any building, renovation or other work, other than project management;
if you engage in any building, renovation or other work on your own (Own Building Work), this involves the potential for injury. You participate in any Own Building Work at your own risk with knowledge of the dangers involved, including but not limited to, muscle tears, sprains, bruising, loss of balance resulting in a fall, head injury, fainting resulting in injury and death (together, the Risks);
the nature of the Services means that we do not encourage any Own Building Work, and you will be unsupervised if you carry out any Own Building Work. If you perform any Own Building Work, you agree to accept any potential Risks arising out of this participation;
you will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people, arising out or contributed to by your participation in any Own Building Work;
we will not be held responsible or liable for any issues where anyone, including yourself, is hurt or injured in performing or undertaking any Own Building Work; and
we disclaim all liability for any indirect, incidental, consequential, or punitive damages arising from the use of the information in the Services, regardless of how it is applied.
how to read these terms
In these terms, we also refer to the DESIGNER BUILDER COLLECTIVE PTY LTD ABN 20 684 253 058 as the “Designer Builder”, “our”, “we”, or “us”. And you are you!
To make it easier for you to understand the terms on which we provide, and you use, the Online Course, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say “Online Course” in these terms, we mean our online financial independence course itself and any of the services provided during the Online Course, including access to our video content and associated materials (Services).
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
ACCEPTING THESE TERMS AND CONDITIONS
Before you enrol for our Online Course, or otherwise engage with the Online Course, please carefully read these terms. If you don’t agree to these terms, please don’t enrol in the Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with the Online Course, you agree to be bound by these terms.
Enrolling for the Online Course
To enrol into the Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 0).
By creating an Account and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:
you have the legal capacity and are at least 18 years old to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
you are authorised to use the debit or credit card you provide for your Course Enrolment.
Enrolling in the Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course you have ordered in exchange for your payment of the total Fees listed upon checkout.
These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
OUR COURSE
The Online Course is designed to teach you about project management for building and renovations.
We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website.
Once we have received payment of the Fees you will be granted access to the Online Course. The Online Course is provided in a pre-recorded video format, to be viewed online through your Account and not downloaded, reproduced or republished by you in any way.
You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.
Your account and licence
Your Account will be valid from the date of your Course Enrolment for the core materials of the Online Course (Course Term).
You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during the Course Term.
You must not give access to your Account to any other person.
We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
All Fees are:
as displayed and accepted by you at the time of checkout (Fees);
in Australian Dollars; and
subject to change without notice prior to your Course Enrolment.
(Payment obligations) You must pay the Fees in full at the time of your Course Enrolment.
(GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(Chargebacks) You must not attempt to dispute a valid payment of Fees without first going through the dispute resolution process below. We will not be liable for any fees or chargebacks you receive from your payment institution in the event of a payment dispute. You must ensure your payment method has adequate funds to pay the Fees. If you do not pay us the Fees we reserve the right to suspend, or terminate your Account and access to the Online Course.
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for the Course. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
VOUCHERS and Discount Codes
We may provide promotional offers and codes offering a discount on the Online Course (Voucher). To use a Voucher, you will need to enter its code at checkout.
A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
COLLECTION NOTICE AND PRIVACY
We may collect personal information about you in the course of providing you with our Online Course, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
OUR IP
Intellectual Property Rights in the Online Course and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
You will not under these terms acquire Intellectual Property Rights in any of Our IP.
For the purposes of this clause 0:
“Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
“Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
CHANGES TO YOUR COURSE ENROLMENT
Once we confirm your Course Enrolment, we generally do not allow for change of mind cancellations or refunds of your Course Enrolment unless otherwise agreed by us in writing.
Nothing in this clause 0 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
Subject to your agreement of non-disparagement of us and the Online Course, you may publish general information about what you have learnt from the Online Course, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the Online Course. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
THIRD PARTY GOODS AND SERVICES
To provide you with the Online Course, we may use goods or services provided third parties (including third party platforms) who have their own terms and conditions and policies (Third Party Terms).
We will do our best to provide you with a copy of any Third Party Terms, you agree to the Third Party Terms that apply to your use of the Online Course.
To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.
We are not responsible for the actions, statements, or conduct of third-party contributors, including guest speakers, subcontractors, or other participants in the Online Course
You have the right to reject any Third Party Terms but if you do, we cannot provide you with the Online Course and you will need to cancel in accordance with this agreement.
THIRD PARTY CONTENT
The Online Course may contain text, images, data and other content provided by a third party and displayed in the information provided through the Online Course (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
LINKS TO OTHER WEBSITES
The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.
SERVICE LIMITATIONS
While we will use our best endeavours to ensure the Online Course is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
the Online Course may have errors or defects;
the Online Course may not be accessible at times;
messages sent through the Online Course may not be delivered promptly, or delivered at all;
information you receive or supply through the Online Course may not be secure or confidential; or
any information provided through the Online Course may not be accurate or true.
NOTICES
A notice or other communication to a party under these terms must be:
in writing and in English; and
delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party,
whichever is earlier.
WARRANTIES
To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
To the maximum extent permitted by law and subject to clause 0, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the value of the Fees paid for the Online Course.
We will not be held liable for any loss or damage sustained by you, or any third party arising from your breach of any issue or act undertaken in breach of: the disclaimers or risk waiver including damage to personal property, personal injury or any loss or damage suffered by you or any third party.
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by us, except:
in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
AUTOMATIC TERMINATION
Your Account will terminate automatically at the end of the Course Term if applicable (whether you have accessed the Online Course or not).
Either party may terminate this agreement for convenience by providing 10 Business Days’ notice to the other party.
TERMINATION FOR BREACH
Either party may terminate this agreement immediately by written notice if there has been a Breach of this agreement.
A “Breach” of this agreement means:
a party considers the other party is in breach of this agreement and notifies that other party;
the other party is given 10 Business Days to rectify the breach; and
the breach has not been rectified within 10 Business Days or another period agreed between the parties in writing.
EFFECT OF TERMINATION
Upon termination of this agreement:
your Account will be terminated and you will no longer have access to the Online Course;
each party must return all property and Confidential Information to the other party;
each party must comply with all obligations that are by their nature intended to survive the end of this agreement, including without limitation clauses 0 and 0; and
each party must stop using any materials that are no longer owned by, or licensed to, them when this agreement is terminated.
GENERAL
GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in the Australian Capital Territory and the Commonwealth of Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Australian Capital Territory and the Commonwealth of Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.