DYP Terms & Conditions
DRIVEN YOUNG PROGRAM TERMS & CONDITIONS
The following terms & conditions (the Terms) apply when you enrol in a Program (defined below) with us. In these Terms, “we” and “us” means Driven Young Pty Ltd (ACN 631021344), “you” means the person who books and/or attends a Program and “Program” means the Driven Young Program, or where applicable another event run by us. We may review and update these Terms from time to time without notice, which means the Terms may have changed since you last read them.
BY ENROLLING IN OR ATTENDING A PROGRAM WITH US YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS.
- Eligibility: You must be between the ages of 18 and 30 to participate in the Program.
- Acceptance into the Program: Acceptance of individual participants into the Program is subject to our approval. We reserve the right to refuse or restrict applicants at our discretion without providing a reason for our decision.
- Group size: The group size for each Program may vary and is at our sole discretion.
- Booking process: Bookings for our Programs can be made via our website found at drivenyoung.com, or by any other method offered by us. Bookings are not confirmed until you receive an email from us confirming your enrolment.
- Accuracy: You warrant that you will complete all booking information accurately and that the information you provide to us in relation to your booking/s will be complete and truthful. Providing false information is a breach of these Terms and could lead to your involvement in the Program being suspended or terminated without refund.
- Suitability: You confirm that you are a suitable person for participation in the Program considering the nature of the Program, scope of activities including any Recreational Activities and code of conduct obligations.
- Participation: You acknowledge that the success of the Program requires active engagement from its participants, including you. We encourage you to participate in all Program activities, including weekly challenges and in-person events and online workshops (no refunds apply in the event of non-participation).
- Code of Conduct: You agree to abide by the Program’s Code of Conduct at available at www.drivenyoung.com/conduct and all other reasonable behavioural guidelines we communicate to you when participating in the Program. These requirements include:
- always behaving respectfully towards others
- participating in the Program in a constructive manner
- responsible consumption of alcohol
- no behaviour that is illegal or harmful or disruptive or disrespectful to others.
Examples of prohibited behaviour include but are not limited to harassment, bullying, discrimination, racist or sexist behaviour, physical assault, unwelcome romantic or sexual advances and illegal drug taking.
In the event of an actual, suspected or anticipated breach of this term, we reserve the right to notify law enforcement authorities, emergency services and/or take legal action to protect the safety and well-being of our Program members. You hereby indemnify us on demand for all losses, costs, damages and expenses we suffer as a result of your breach of this term.
- Property: You are responsible for taking care of your personal property while participating in the Program and for insuring it against all loss or damage. To the fullest extent permitted by law, we exclude all liability for loss or damage to property arising in connection with the Program.
- Liability: To the fullest extent permitted by law, all implied guarantees, conditions, warranties and other terms are excluded, but nothing in these Terms limits, modifies or excludes any condition, guarantee, warranty right or remedy implied or imposed by law which cannot lawfully be limited, modified or excluded, which may include the availability of consumer guarantees and warranties under the Australian Consumer Law.
- Recreational Activities: The Program may incorporate “Recreational Activities”, which are sports and similar leisure activities, and activities involving significant physical exertion or physical risk that are undertaken for recreation, enjoyment or leisure or as otherwise defined by law. You acknowledge that Recreational Activities are by their nature risky and can result in physical injury, death, triggering or worsening of medical condition, mental harm or distress, and damage to property. You are responsible for notifying us in writing in advance of any medical conditions or other circumstances which would preclude or impact on your participation in any of the proposed Recreational Activities.
- Liability relating to Recreational Activities: Pursuant to the circumstances envisaged by Section 139A of the Competition and Consumer Act 2010 (Cth), to the fullest extent permitted by law we exclude all liability to you for death or personal injury in relation to the supply of Recreational Activities as part of the Program. This exclusion shall not operate to limit or liability arising due to our fraudulent or reckless conduct.
- Maximum liability: To the fullest extent permitted by law and subject to clause 10 of these Terms (Liability), our aggregate liability to you for any loss, damage or injury in connection with these Terms however arising, in tort (including negligence), under any statute, custom, law or any other basis shall be the price paid by you for the Program.
- Members Events and other non-Program events, activities and engagements: Given the nature of the Program, from time-to-time participants may choose to engage socially with each other during and after completion of the Program whether via digital means, in person or at events or gatherings (“Non-DY Events”). Non-DY Events include events which are not organised by us, but which we list on our platform, such as those described as “Members Events”/“ME” events. These events and other interactions are outside of our control and are not facilitated, managed or supervised by us. You acknowledge and agree that we have no liability whatsoever in relation to Non-DY Events and any other engagement you may have with participants outside of the Program.
- Not medical treatment: Our Programs are social and wellbeing programs and do not amount to any form of medical treatment. You acknowledge that our Representatives are not medical professions nor qualified therapists and the Program is not intended to diagnose, treat, or cure any mental or physical health conditions.
- Representatives: All the exclusions of liability included in these Terms apply to us and for the benefit representatives of Driven Young Pty Ltd including Byron Dempsey, our employees, contractors, agents and volunteers (Representatives). Any complaints relating to the conduct of our Representatives should be reported promptly to [email protected].
- Volunteers: The Program may incorporate volunteers who choose to commit their time to assisting in the delivery or facilitation of events, activities or interactions. You acknowledge that our volunteers are untrained and are not acting in a professional capacity when engaging in the Program. You agree not to rely on any advice received from volunteers or any other actions or omissions by volunteers other than those expressed authorised and endorsed by us.
- Participants: Our Programs bring together a range of individuals. While we take steps to verify that individuals meet our eligibility requirements, we do not conduct screening of individuals prior to acceptance into the Program. We offer no representations regarding the suitability, health, personality, physical or mental characteristics or other attributes of participants. We are not responsible for the conduct of individual participants whether during or outside of the Program.
- Media Release: By enrolling in the Program, you grant us the right to use your name, likeness, voice, and image in any photographs, videos, or other media taken or recorded during the Program. You also grant us the right to edit, use, and reuse any such media for promotional or marketing purposes including on our website and social media, without further compensation or notice to you. If you do not wish to be included in any such media, please notify us in writing prior to the start of the Program.
- Price: The price payable for the Program will be as advertised [on our website or as otherwise communicated to you] at the date you make your booking. We reserve the right to vary our pricing for Programs from time to time without notice, but any change will not affect existing bookings.
- GST: Our prices are inclusive of GST.
- Payment plan: If we offer a payment plan and you choose to pay for the Program using this plan, you agree to make all scheduled payments in full and on time.
- Non-payment: If you fail to make any payment when due we can suspend or terminate your Program participation at our discretion. No refunds will be payable in such circumstances.
- Legal action: We reserve the right to pursue legal action if necessary to collect any outstanding payment from you, and to recover the costs relating to such action from you.
Third Party Activities
- Inclusion of activities. From time to time the Program may incorporate activities or events provided by other third parties i.e. companies or individuals which are not related to us, which are incorporated into the Program, such as outdoor physical activities, workshops and events (Third Party Activities).
- Third party terms: Participation in Third Party Activities may be subject to additional terms required by the third party such as contract terms, liability waivers, consents and other conditions. You acknowledge and agree that when these apply you will be bound by them. If you do not wish to be bound by any third party term you must notify us in writing prior to participating in the Third Party Activity. Please note refusal to be bound by the third party terms may result in suspension or termination from the Program.
- Liability: We are not responsible for the quality, timeliness or completeness, nor do we have any liability for, Third Party Activities.
- Brand & Materials: In these Terms:
- Brand means the DRIVEN YOUNG brand and any other brand used by us in connection with the Program;
- Format the format of the Program comprising a structured series of events, workshops, engagements and interactions.
- IP Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including, without limitation, copyright, design rights, business, company or trade names, domain names, patents, inventions, know-how, trade marks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration; and
- Materials means all materials relating to the Program including all literary, artistic and musical works, videos, photographs, audio recordings, databases, website content.
- Ownership: All IP Rights in the Brand, Format and Materials belong to us or our licensors. Except for the limited, personal permission set out below, your participation in the Program does not grant you any rights, ownership or consents in our IP Rights in the Format, Brand or Materials.
- Limited permission: We give you a limited, revocable permission to use our Brand and any Materials that we provide to you in relation to the Program solely for the purpose of, and during, your participation in the Program, but not for any other purposes. This permission is personal to you and cannot be transferred or sublicensed. This permission is subject to your full compliance with these Terms can be revoked with immediate effect if you breach them.
- Your obligations: You agree not to use our IP Rights, the Format, Brand and Materials for any purpose other than the limited use referred to above, which includes (but is not limited to) a promise that you will not, except with our written permission:
- copy, reproduce, modify, distribute, share, publish, transmit, display, perform, or create derivative works from any of the Materials;
- seek to replicate or imitate the Materials or Format or other aspects of the Program or to create a competing program;
- use a brand similar to our Brand in relation to activities or a program similar to our Program;
- use our Brand in a way which suggests or implies a commercial association or endorsement between us and you, or that you represent or affiliated with the Brand; and
- misuse our confidential information in any way.
- Confidentiality: You agree to keep our confidential information secret and not disclose it to others nor use it without our express consent.
- Our right to claim damages and other losses. You acknowledge that any misuse of our IP Rights (which includes our confidential information), Format, Brand or Materials could cause us significant harm, including financial damage and loss, and that breach any of your obligations in this section may result in legal action with you liable for claims such as monetary damages, legal fees, and any other costs incurred in enforcing our rights. You hereby indemnify us on demand and hold us harmless for all losses, costs, damages and expenses we suffer as a result of your breach of this section and any other misuse of our IP Rights, Format, Brand or Materials.
Cancelation and transfer
- Cancelation by you: You have the right to cancel your enrolment in the Program due to change of mind or any other reason within 7 days of the day you pay (or commit to a payment plan, if applicable) (the cooling off period) and receive a full refund. Valid refunds will be processed within 28 days of receiving your request via the original payment method to the original payer. After the cooling off period, you may cancel your place in the Program, but the fees are non-refundable regardless of reason. For the avoidance of doubt, personal reasons for pulling out of the Program outside the cooling off period does not entitle you to a refund.
- Transfers. You may be entitled to transfer your place on the Program to a substitute provided they meet the eligibility criteria, agree to be bound by these Terms and we agree to the substitution. Substitutes much be notified to us at least 14 days prior to the commencement of the Program. Substitutions are not finalised until you receive written confirmation from us confirming the transfer.
- Failure to attend. If you fail to attend the scheduled Program in whole or in part, no refund shall apply.
- Our right to cancel: We reserve the right to cancel a Program in the event of insufficient enrolment or where we have another reason to do so and will notify you if this is the case. In the event of cancelation by us, you will receive a credit towards an alternative Program, or if requested by you within 14 days of our notification we will provide a full refund of amounts already paid in relation to the Program.
- Partial delivery: If delivery of a Program is aborted for whatever reason and less than 80% of the Program has been completed, you shall be entitled to a refund for the undelivered portion of the Program.
- Termination for breach: We reserve the right to terminate your enrolment in the Program with immediate effect and without refund if you violate any of these Terms.
- Information relating to others. While Participating in the Program you may receive personal information about other participants, such as information they choose to share during workshops or discussions. You acknowledge and agree that such information can be highly personal and could include sensitive information such as that relating to physical or mental health, gender, sexuality and relationships. You agree to treat all personal information relating to other participants obtained or provided to you in connection with the Program as confidential and confirm you will not share it with others or publish it in any form except with the participant’s advance express written consent.
- Entire agreement: These Terms are the entire agreement between us and supersede any other oral or written communications, proposals or representations regarding the subject matter.
- Assignment: You cannot assign, transfer or subcontract any of your rights or obligations under these Terms. We are permitted to assign, transfer or subcontract our rights and obligations without notice to you.
- Force Majeure: Neither you nor we will be liable to each other for any delay or failure to perform any obligation under these Terms (except for the payment of fees) if the delay or failure is due to an unforeseen event which is beyond our reasonable control.
- Severability. If any provision of this clause is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.
- Governing law. These terms and conditions are governed by the laws of New South Wales and Victoria.