TERMS AND CONDITIONS

1. HEALTHY BUILDING MATERIALS MASTERMIND

1.1 This Mastermind is provided by OH MY GOODNESS ENTERPRISES PTY LTD trading as The Healthy Home Australia ABN: 26 609 839 643. If you have any questions, please contact [email protected].

 

1.2 Subject to the Client’s compliance with this agreement, Zara will use her reasonable commercial endeavours to provide the Client with the following benefits:

(a) Healthy Building Materials Mastermind online group access.

(b) 6 x 60-minute live Zoom Q & A sessions 

(c) Zara will be available to answer your questions during the scheduled Q&A call times. Questions must be submitted by 12pm on Monday, the week of the scheduled call. All live Q&A’s will be hosted on Zoom and recorded and made available to you afterwards.

(d) Access to Healthy Building Materials Mastermind content for 180 days.

 

1.3 When participating in the Healthy Building Materials Mastermind the Client must comply with the reasonable directions of Zara, including directions regarding the Client’s conduct during coaching calls and posts in the Mastermind chat group. Zara reserves the right to remove the Client from coaching calls and chat group at her sole discretion.

 

1.4 Privacy: participants agree to respect the privacy and confidentiality of all communications, materials, and discussions during the Healthy Building Materials Mastermind program. This includes, but is not limited to, not sharing, distributing, or reproducing any recordings of group calls or materials provided during the course. Participants acknowledge that recordings of group calls will be available for a limited period of 30 days and will then be permanently deleted to ensure the privacy and security of all participants and the integrity of the program content. By participating in this program, you commit to upholding this confidentiality agreement to foster a safe and trusted learning environment for all.

 

1.4 Any advice or insights for marketing your business that may be provided in the Mastermind are for your consideration and professional development. There is no compulsory marketing scheme or benchmark performance requirements, and you are expected to use your own best judgment in developing your own marketing strategy.

 

2. PARTICIPATION AND ATTENDANCE REQUIREMENTS FOR CERTIFICATE OF COMPLETION

2.1 Attendance requirement: In order to obtain the Certificate of Completion for the Healthy Building Materials Mastermind, participants must actively attend and contribute to at least five (5) of the six (6) scheduled live calls.

 

2.2 Active contribution: Participants must actively contribute to the discussions to demonstrate understanding of the course content and to enrich the collective learning experience. Each of the Healthy Building Materials Mastermind live group calls have a limited number of participants to ensure an interactive and enriched learning environment. Non-attendance or passive participation not only diminishes the individual's learning experience but also impacts the dynamics and value for other participants.

 

2.3 Brand Representation: Successful completion of this course and obtaining the Certificate of Completion identifies participants as informal ambassadors for The Healthy Home brand. We expect that all participants who complete the course will uphold the standards and values associated with The Healthy Home brand.

 

2.4 Responsibility to Attend: It is solely the responsibility of the participant to ensure they meet the attendance and participation requirements. While we may offer reminders, the onus to attend and actively participate remains with the participant. Failure to meet these requirements will result in non-issuance of the Certificate of Completion.

 

3. TEAM MEMBER ENROLMENTS & JOINT VENTURES

3.1 Definition of team members: For the purpose of the Healthy Building Materials Mastermind, a team member is defined as an employee or direct collaborator who operates within the same legal business entity as the enrolled participant. This is intended to include those who are actively engaged in the day-to-day operations and projects of the business and who will apply the learnings directly in their shared work environment.

 

3.2 Team member enrollment: Each primary participant may include one team member in their enrollment at no additional cost. This courtesy is extended to support the participant's business and facilitate the implementation of the Mastermind content within their operations. The included team member must be a part of the same legal business entity as the primary participant.

 

3.3 Team member enrollment: Definition of team members: For the purpose of the Healthy Building Materials Mastermind, a team member is defined as an employee or direct collaborator who operates within the same legal business entity as the enrolled participant. This is intended to include those who are actively engaged in the day-to-day operations and projects of the business and who will apply the learnings directly in their shared work environment.

 

3.4 Certification and use of Intellectual Property: Certification and the right to use the Healthy Building Materials Mastermind intellectual property (including logos, course materials, etc.) are personal to the business entity of the enrolled participant. These rights may not be transferred, assigned, or shared with other entities, including joint ventures and collaborators, without explicit written consent from The Healthy Home. Participants are not authorized to grant certification or use of intellectual property to anyone else.

 

3.5 Agreement to terms: By enrolling in the Healthy Building Materials Mastermind, participants agree to these terms regarding team member enrollments and joint ventures. Failure to comply with these terms may result in revocation of Mastermind access and certificate.

 

3.6 Team member and collaborator enrolment: Enrollment in the Healthy Building Materials Mastermind is intended for the individual or business entity that has registered and paid for the program. Participants may include a team member within their immediate business entity as part of their enrolment, subject to approval by The Healthy Home team. To include a team member, participants must provide their details to The Healthy Home team for official enrolment and access provisioning.

 

3.7 Sharing of access and invitations: Sharing of login credentials, Zoom call links, or invitations to the Voxxer group with individuals outside of the registered participant list is strictly prohibited. Any requests to include additional participants from the same business entity or collaborative partners in specific aspects of the program (e.g., live calls, Voxxer group) must be communicated directly to The Healthy Home team for consideration and official inclusion.

 

 4. CASUAL CONTRACTORS & INTELLECTUAL PROPERTY USE

4.1 It’s important that you are happy with your investment in Healthy Building Materials Mastermind. If within 30 days of your purchase you are not satisfied, we will be happy to consider a refund, if you can demonstrate you have implemented the learnings and felt they were not beneficial for you.

The Healthy Home Mastermind content, including all intellectual property rights therein, is provided for the exclusive use of the enrolled business and its employees or casual contractors directly associated with the enrolled business at the time of the Mastermind's commencement.

Participation in the Mastermind and any certification or materials provided as part of the Mastermind (including but not limited to the Certificate of Completion) are intended for the benefit of the enrolled business and may not be used or claimed by individual participants for purposes outside of the enrolled business without express written consent from The Healthy Home.

Should a casual contractor of the enrolled business wish to utilise the knowledge, Certificate of Completion, or any Intellectual Property obtained through the Mastermind for purposes outside of their contract with the enrolled business, such use must be approved by The Healthy Home and may be subject to an additional licensing fee. This fee will be determined based on the scope of use and potential impact on The Healthy Home's intellectual property rights.

 

 5. INTELLECTUAL PROPERTY

5.1 All course material including webinars, videos, written content, audio recordings, and downloads are the Intellectual Property of The Healthy Home Australia or the attributed party and are protected by copyright laws and treaties around the world, with all rights reserved. You must not copy, reproduce, sell, or share them with anyone without prior written consent from The Healthy Home You may download and/or print materials for your individual use.

 

5.2 The information provided in the Healthy Building Materials Mastermind constitutes confidential information. As such no part of the e-course can be published or reproduced without permission of the author.

 

5.3 Your access to the e-course material and membership is for your individual use. It may not be assigned or transferred to any person or entity. Each participant is permitted to have up to one additional account set up for a team member, or business partner. Any additional team members of business associates are required to purchase their own access to the e-course.

 

5.4 The Healthy Home Australia™ is an unregistered trademark. As a global online business, we claim ownership of this name wherever it is used in the world and have invested time, effort, and skill in building a valuable commercial reputation around it. Using this name without our permission or license will be considered an attempt to trade on our reputation.

 

5.5 The Healthy Home logo is not to be used for any purpose without our prior written consent.

 

5.6 Upon successful completion of all the modules and assessments in the Healthy Building Materials Mastermind, participants will be issued with a Certificate of Completion, valid for display on your business website for a 1 year period, after which, you will have the option to get up-to-date on latest materials research and updates, and renew your Certificate.

 

5.7 Please note that this Certificate may be used for a limited time, subject to the conditions outlined in this contract. It is not a professional certification or endorsement of your skills and qualifications. You are responsible for not misrepresenting its meaning to your clients.

 

5.8 The Certificate is only to be used in addition to your own branding, and only in relation to activities or promotions associated with offering services related to healthier building material choices.

 

5.9 Certification is personal to your business and may not be assigned or transferred to others. You are not authorised to grant the Certificate to anyone else. No-one is permitted to use our intellectual property commercially without completing the Healthy Building Materials Mastermind and passing each of the assessments.

 

5.10 While this is a serious decision that will not be taken lightly, we have the right to demand that you remove the Certificate from your website if:

(a) we discover reasonable evidence that you have infringed our intellectual property rights.

(b) you engage in conduct that is unconscionable or that puts the reputation of our business at risk, or

(c) we receive a serious complaint that gives us reasonable cause to believe that you are misusing our resources.

 

5.11 Failure to comply with a demand to remove our intellectual property, including the Certificate, from your website is a breach of this contract.

5.12 In addition to the Certificate, participants will be given access to the Healthy Building Materials Mastermind logo upon successful completion of all the modules and assessments.

5.13 While related to 'The Healthy Home,' this logo should only be used in contexts specifically related to the Healthy Building Materials Mastermind program. The logo must not be used in a manner that suggests endorsement of products, services, or entities not directly affiliated with the "Healthy Building Materials Mastermind.

5.14 Logo use is limited for program alumni who received the certificate of completion as follows:

Digital media: Including but not limited to websites, social media posts, digital newsletters, and email signatures.

Print media: Program alumni may use the logo on their own printed materials solely to denote their participation in, and completion of the program, such as in professional portfolios or personal business materials related to building practices.

5.15 The logo may not be altered, distorted, rotated, or modified in any way that changes its appearance, incl. its colors and typography.

Minimum size: The logo should not be printed smaller than 1 inch in diameter to ensure legibility, and at a print resolution of at least 200 dpi. When displayed digitally, the logo should be a minimum of 140px wide.

Clear space: At least 10% of the logo's diameter should be maintained as clear space around the logo to ensure it is not obscured.

Backgrounds: Ensure the logo is placed on backgrounds that provide sufficient contrast for clear visibility. Use the green logo version as the primary option for light-colored backgrounds, and opt for the white logo version as the secondary choice when the logo is placed on darker backgrounds to ensure optimal contrast and visibility.

File types: Use the correct digital file types to ensure clarity:

- Digital Use: PNG or JPG
- Print Use: High-resolution PDF or TIFF

5.16 Please note that the Healthy Building Materials Mastermind logo is a trademarked design, which means it is legally protected. Any unauthorised use or reproductions without consent and/or non-compliance, misuse of the logo, or misrepresentation of the brand can result in revocation of the right to use the logo and other potential legal action. All stakeholders are encouraged to adhere strictly to these guidelines to maintain the integrity and reputation of the "Healthy Building Materials Mastermind."

6. USE OF INTELLECTUAL PROPERTY IN COLLABORATIONS AND JOINT VENTURES

6.1 Restricted use of Intellectual Property: Intellectual property provided as part of the Healthy Building Materials Mastermind, including but not limited to the construction stage checklist, educational materials, and course content, is for the exclusive use of the enrolled participant and their authorized team member within the same legal business entity.

 

6.2 Prohibition on external sharing: Mastermind participants are prohibited from sharing, distributing, or otherwise making available any intellectual property received through the Mastermind with individuals or entities outside their own business, including but not limited to builders, architects, designers, and other collaborators, without explicit written permission from The Healthy Home. This includes materials intended for use in joint ventures or projects where the Mastermind participant collaborates with parties who have not participated in the Mastermind.

 

6.3 Application in business practices: While participants are encouraged to apply the principles and practices learned in the Mastermind to their projects, the direct replication or distribution of specific tools, resources, or intellectual property, such as the construction stage checklist, in any form to non-participants is strictly forbidden. This ensures the integrity and value of the Mastermind content are maintained and that its use remains within the community of paying participants.

 

6.4 Acknowledgment of Intellectual Property rights: By agreeing to these terms, participants acknowledge that all intellectual property provided during the Mastermind is the property of The Healthy Home and is provided for individual and business use under the conditions stated herein. Any use beyond these conditions requires prior written consent from The Healthy Home.

 

6.5 Consequences of unauthorised use: Unauthorized distribution or use of Mastermind intellectual property outside the terms of this agreement may result in immediate revocation of Mastermind access, certification, and possible legal action to protect the intellectual property rights of The Healthy Home.

 

7. NON-COMPETE

7.1 The training provided to you in the Mastermind is for you to use in providing services to your clients only. It contains our copyright material and trade secrets. You must not use this content to create training materials or education courses of any kind without our express written permission.

 

8. REFUNDS

8.1 It’s important that you are happy with your investment in Healthy Building Materials Mastermind. If within 30 days of your purchase you are not satisfied, we will be happy to consider a refund, if you can demonstrate you have implemented the learnings and felt they were not beneficial for you.

 

9. PAYMENT PLANS

9.1 Participants opting for a payment plan are required to adhere to the agreed payment schedule. The initial deposit is due at registration to secure your spot in the Healthy Building Materials Mastermind.

 

9.2 Subsequent payments must be made on or before the due dates outlined in your payment agreement. Failure to make timely payments may result in suspension of access to the program materials and live sessions until the payment is received.

 

9.3 If a payment is more than 7 days late, The Healthy Home Australia reserves the right to temporarily suspend access to the program. Continued failure to meet payment obligations may result in termination of your participation in the program without refund.

10. ASSUMPTION OF RISK

10.1 You are required to familiarise yourself with all relevant legal requirements for conducting a business in your location. You take full responsibility for ensuring that you comply with all applicable local laws and regulations.

 

10.2 All building work in Australia must meet certain performance and legal requirements. However, we are NOT familiar with the Building Code nor the non-conforming products for its intended use that don’t comply with the standards. As such we do not make any representation or warranty as to the accuracy or completeness of the information where compliance with the Building Code of Australia, National Construction Code and (State) Act standards are required. Therefore, to ensure the project conforms with all state and federal legislative requirements we recommend that:

10.2.1 You take full responsibility for ensuring that you are personally familiar with the legislative and regulatory requirements applicable to any work you undertake, and any advice you provide to your clients.

10.2.2 The information provided in relation to mould susceptibility of materials is general information only. Conditions vary based on factors unique to the site, and how a home is designed. We recommend a condensation risk analysis to determine how each material will respond to conditions unique to the site.

10.2.3 In respect to suggestions made regarding reducing EMF exposure, these suggestions are to reduce impacts on the EMR/RF environment and need to be installed as per product instructions from the manufacturer. We are not advising on the installation with relation to compliance and recommend engaging a Certified EMF Technician (through the Australian Society of Building Biologist) to do an EMF assessment and make recommendations on the most appropriate steps to reduce EMF exposure, specific to your building. If shielding measures are put in place, it has the capacity to modify the electromagnetic field environment of the building and potentially impact in unforeseen ways which may not be recognised until additional testing is carried out.

10.2.4 For the assessment of existing condensation and mould problems, it is recommended that you engage a certified mould testing technician (through the Australian Society of Building Biologists).

10.2.5 The information in the Healthy Building Materials should not be relied upon as to a building product’s compliance and that all final building product and design recommendations must be subject to approval by the licensed building designer, architect and builder who is familiar with the abovementioned statutory and regulatory requirements.

10.2.6 You only use licensed tradespersons who are properly qualified and insured, and who are familiar with their legal obligations with regards to the use of building products that are fit for their intended purpose that comply with the standards under the National Construction Code (NCC).

10.2.7 Products should always be installed in accordance with the manufacturer’s guidelines.

10.2.8 By accessing Healthy Building Materials Mastermind, you assume all the risk of your access and any subsequent actions you choose to take as a result of the information or educational materials provided to you. You agree that your participation in the program, including all activities associated with the material, is entirely voluntary. You expressly agree to accept all risk of injury or damage that may arise from your participation.

 

11. GENERAL DISCLAIMER

11.1 The information that will be provided to you in the Healthy Building Materials Mastermind utilises the Building Biology principles which have been created to take into consideration the impact of home design and building materials on indoor air quality, human health, and our environment. To the best of our knowledge, the information provided is accurate and current. 

 

11.2 New information is always emerging in the world of environmental health and as such our views on the health and environmental impacts of particular building products may evolve over time. We endeavour to ensure the information we share with you is up-to-date and accurate to the best of our knowledge at the time. Where appropriate, we will provide updates in connection with Certificate renewal, as more information becomes available. However, it is always your responsibility to conduct your own research and make appropriately informed decisions. If you find anything in our training or materials that you believe to be outdated, please let us know.

 

11.3 The materials ratings provided in the course content are a helpful tool to determine the health and environmental impacts of a material, but should not be used in isolation to make decisions on the suitability of a building material for a particular project, because they do not take into account factors unique to the site, climate, the context in which a material is being used, nor other important considerations shared within the course content. The choice of materials needs to be weighed up against a range of factors, one of which are the health and environmental impacts.

 

11.4 The Healthy Building Materials Mastermind is not intended as professional training nor does it replace professional advice when it comes to building a healthy home, nor is it intended for the treatment or diagnosis of individual diseases or issues. The generic information provided in the course materials is not a replacement for specialist advice tailored to your client’s unique circumstances. While working through the course material, it is important to conduct your own research, consult appropriately qualified professionals and make informed decisions about what is right for you and your client’s particular circumstances.

 

11.5 We are not building, design, medical, legal, or other professionals, or if we are, during the terms of this course and related materials, we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including architectural, building, medical, legal, financial, or otherwise during the term of this course.

 

11.6 All final decisions regarding a home renovation or build must be subject to approval by a licensed architect or building designer, and builder, who is familiar with statutory requirements to ensure compliance with the Building Code of Australia, National Construction Code and (State) Act standards.

 

12. WARRANTIES & RESULTS

12.1 We make no warranties as to our programs, products, services, courses, or program materials. You agree that course materials are provided “as is” and without warranties of any kind either express or implied.

 

12.2 We do not guarantee that you will achieve any particular outcome from participation in the Healthy Building Materials Mastermind. The results that you may achieve will vary depending on a wide range of factors beyond our control, including your level of engagement with the report course materials and the particular challenges of your site.

 

13. DEFERRING ENROLMENT TO LATER GROUPS

13.1 Commitment: When enrolling in the Healthy Building Materials Mastermind, participants are making a commitment to attend and actively participate in the entirety of the course. It is crucial for the integrity and effectiveness of the program that all participants remain committed and engaged for the duration of the course.

 

13.2 Deferral Requests: If for any unforeseen reason a participant wishes to defer their participation to a later group, they must submit a written request to The Healthy Home stating the reasons for the request. Deferral is not guaranteed and is subject to the discretion of The Healthy Home.

 

13.3 Deferral Fee: In instances where a deferral is granted, participants will be required to pay a deferral fee amounting to 50% of the course fee in order to secure a spot in a subsequent group. This fee is imposed due to the limited availability in each group and to maintain the integrity of the program.

 

13.4 Limitation on Deferral: Participants are allowed only one deferral during their enrolment. If a participant is unable to continue participation in the subsequent group they've deferred to, they will not be eligible for a second deferral or for any refund.

 

14. INDEMNIFICATION, LIMITATION OF LIABILITY & RELEASE OF CLAIMS

14.1 You agree at all times to indemnify and hold harmless our Company, and any of our partners or experts, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Healthy Building Materials Mastermind. This indemnity and those below will be reduced proportionately to the extent the liability was caused by our negligence.

 

14.2 To the fullest extent permitted by law, The Healthy Home Australia expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with this e-course, including without limitation any liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused, even if foreseeable.

 

14.3 We do not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or negative as a result of your access to the Healthy Building Materials Mastermind and related materials.

 

14.4 In addition, we will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than you in connection with the use of the information in this e-course, by that person for any purpose or in any way, including the use of the information for any purpose connected with the sale, purchase, renovation or building of the subject property, to the extent permissible by law.

14.5 You expressly agree that if this limitation of liability is unenforceable for any reason other than negligence, our total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to us for the report and e-course.

 

15. DISPUTE RESOLUTION

15.1 You agree to notify The Healthy Home Australia of any concerns or issues regarding the Healthy Building Materials Mastermind and give us the opportunity to resolve those concerns or issues. Please email us at [email protected] to begin the process.

 

15.2 If we cannot find a resolution to a dispute or potential claim by means of good-faith negotiation within 21 days, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

 

15.3 The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of New South Wales. We agree to share all the costs of mediation equally between us.

 

15.4 You and we undertake that we will not publicly or privately disparage each other, or anyone associated with each other, and will act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with each other’s business or personal interests.

 

15.5 Any negative public discussion or comments about either party will be considered defamatory, negative, or otherwise damaging, and will be the subject of compensation in any mediation or litigation claim.

 

15.6 This agreement is subject to the governing law of New South Wales. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of New South Wales, and the Commonwealth of Australia, will have exclusive jurisdiction.