1. Introduction and Eligibility
These Terms of Use (“Terms”) constitute a binding agreement between you and Harness Projects (“Harness Projects,” “we,” “us”). Please read these Terms carefully before using Harness Projects service. “You” and “users” shall mean all visitors to our service.
By using the Harness Projects service, you agree to be bound by these Terms each time you use our service. If you do not agree to any of these Terms, please do not use the Harness Projects service. The agreement is a legally binding contract. We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms. If you object to any changes to these Terms, your sole recourse will be to stop using the Harness Projects Service. Harness Projects will determine the suitability of all applicants for all individual (Upskiller) and Package (Career Launcher) project offerings and maintains the right to refuse entry or cancel applications prior to commencement. If an enrollment is terminated for your failure to comply with the behavior and conduct we expect of adult learners in similar courses, fees are non-refundable.
You agree to inform Harness Project of any medical conditions or other reasons that could impact your experience of the Harness Projects Service in a negative way. Harness Projects will endeavor to identify perceived challenges and where possible offer support, however you use the Harness Projects Service at your own risk. We make no warranties or guarantees of the quality of your experience.
2. The Harness Projects Service
The “Harness Projects Service” means the website located at harnessprojects.com.au and any associated software, applications, and Internet services under Harness Project’s control, whether partial or otherwise, used in connection with providing the services provided by Harness Projects. The Harness Projects Service provides access to information and engagement online and through other connected devices with projects, mentors, workshops, and course related activities.
A. Cancellation and No Show Policies.
We determine the rescheduling and cancellation policies and apply them at our discretion. You should contact us directly, not mentors, for any rescheduling or cancellation questions.
B. Code of Conduct
All due respect is provided to the Companies (and their representatives). They are supporting the projects, providing time and expertise, and helping you to maximize your experience and outcome. All due respect is also provided to the Industry Expert mentors leading the projects and to all other people in your project cohort. You will act respectfully and professionally at all times – including by keeping your camera on as requested at all relevant times. You will use your best efforts to participate in the projects in a timely and committed manner as contemplated by project schedules in the Project information Packs. You will engage in online chat sessions with other users of the Harness Projects service including mentors, as well as post comments. You should exercise caution, good sense, and sound judgment when submitting messages or information to be posted in a chat room. You are responsible for any comments or materials you post in a chat room, and you assume all liability arising out of a post. We discourage the posting of sensitive or personal information in comments or posts and we are not responsible for the use of your personal information that you publicly post by any third parties. Harness Projects makes no representations and warranties with respect to the confidentiality of any posts you make through the Harness Projects Service.
You should refrain from the use of any profane, discriminatory or insensitive language or remarks (either verbally or in written form) which:
- may offend or damage a company’s brand or reputation;
- may offend company representatives;
- may offend others in your projects or adversely effect their experience; and
- may offend your project mentors
You shall respect and maintain the copyright of all content, including the work of other students, within the Harness Projects Service. You shall not engage in any form of plagiarism or breach of another’s intellectual property rights. Furthermore, you shall not improperly use or infringe upon any intellectual property rights of others. Any violation of this provision may result in disciplinary action, including termination of your access to the Harness Projects Service.
You shall act responsibly and in accordance with applicable laws and regulations while using the Harness Projects Service. You acknowledge and agree that you may be exposed to liability if your content contains material that is false, intentionally misleading, or defamatory; violates the rights of third parties; or contains material that is unlawful or advocates the violation of any law or regulation. You shall exercise caution, good judgment, and ensure that your content complies with all legal requirements. Harness Projects reserves the right to remove any content that violates these provisions and may take appropriate action, including terminating your access to the Harness Projects Service, if you engage in any prohibited conduct.
C. Third-Party Services
The Harness Projects Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Harness Projects Service. Harness Projects is not responsible for these third-party websites, whether or not Harness Projects is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Harness Projects is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Harness Projects Service. You are also responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
D. Mentor Assignment
If a mentor has to pull out of a project due to unforeseen circumstances, Harness will endeavor to replace the mentor with as little disturbance to the project delivery as possible. Harness Projects are indemnified of any liability to refund students in the event of an unavoidable situation that requires the replacement of the assigned mentor.
E. Company Assignment
If a company has to pull out of a project due to unforeseen circumstances, Harness will endeavor to replace the company with as little disturbance to the project delivery as possible. Harness Projects are indemnified of any liability to refund students in the event of an unavoidable situation that requires the replacement of the assigned company.
F. Project Brief Changes
From time to time, companies may require changes to project briefs in the time leading up to the commencement of the project. This reflects the real world nature of the ongoing operational requirements of our partner companies. Harness are indemnified of any liability to refund students in the event of a project brief change. From time to time and as should be expected in a real project environment, the written brief may vary from what a company partner communicates during live briefing sessions with students. Mentors provide guidance on how to manage scope changes during a project but where possible Harness will encourage company partners to maintain consistency in their business objectives. Where scope changes occur, Harness are indemnified of any liability to refund students.
G. Featuring Your Student Work
We may promote Harness Projects using the work you completed as part of completing a Course (“Student Work”) with your permission, and you grant Harness Projects a nonexclusive license to use your name in combination with your Student Work in any and all media in connection with Harness Projects promotional efforts. Our use will be limited to promoting Harness Projects. Harness Projects will include your name and attribute the Student Work to you.
H. Changes to the Harness Projects Service
We may change, suspend, or discontinue any aspect of the Harness Projects Service at any time, in our sole discretion, including hours of operation or availability of the Harness Projects Service or any feature, without notice or liability.
I. Intellectual Property & Confidentiality
As a condition of your participation in the Project, you agree that the Company owns the intellectual property in all ideas, concepts, brands or materials (IP Rights) generated or provided by you during or in respect of the Project. You may use the work for presentation in your personal portfolio and during the project itself but no other license or rights exist to use for any purpose. As a condition of your participation in the Project/s, you agree to not disclose any sensitive information that is passed on to you from the Company representative to any other parties.
J. Content Accuracy
We make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Harness Projects Service. We make no promises and disclaim all liability of specific results from the use of the Harness Projects Service.
K. Internal Grievance Procedures
When a concern occurs, the student is asked to discuss the concern directly with their mentor, who will attempt to resolve the situation. If a resolution does not occur, the student should provide a written description of the concern to the Harness Projects team in a timely manner, who will investigate the complaint and provide a prompt written response. Harness Projects attempts to resolve all complaints within 30 days. The Harness Projects decision is final.
L. Fees
You Agree To Pay Us For Your Purchases. You agree to pay for all products and services that you purchase through the Harness Projects Service, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Harness Projects Service.
M. Third-Party Payment Processors.
Harness Projects currently uses secure third-party payment processors for electronic commerce. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards and Direct Debit. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Harness Projects is not responsible for any fees charged by them. Harness Projects disclaims all liability with regard to any fees or problems you have with third-party payment processors
N. Availability of Certain Forms of Payment
Harness Projects makes no representations and warranties about the continued availability of any particular form of payment method made available for use with the Harness Projects Service.
O. Disputed Charges
You agree to submit any disputes regarding any charge to your account in writing to Harness Projects within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge.
P. Refunds
We reserve the right, but are not obligated, to refund fees paid to us. Harness Projects may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy.
Q. Enrolment Terms & Conditions
Harness Projects limits intake enrolments to ensure a high quality learning experience for our students. Once a seat is allocated to a student in a cohort, we are limited in our ability to find a replacement without significant notice. Please ensure you’re ready to commit to the program when enrolling.
- Withdrawal 2 Weeks Before Course Start or earlier:
- $1000 (plus any transaction fees) of your deposit or upfront payment amount is non-refundable
- Withdrawal Within 2 Weeks of Course Start or After Commencement:
- If a student withdraws from the course within 2 weeks of the start date or after the course has commenced – The full agreed course fee must be paid as per the original payment schedule.
R. Deferrals – Upskiller / Single Project Enrolments
- You may defer an Upskiller course/project up to 14 days prior from the start date of the course. All fees must be paid as per the original payment schedule and a new single project commenced within 12 months of the start date of the original project.
- Deferrals are not granted within 14 days of the course start date or after the course has started.
S. Deferrals – Career Launcher Course
- All deferrals incur a $250 administration charge
- You may defer your Career Launcher course up to 14 days prior to the start date of the course. All fees must be paid as per the original payment schedule and a new Career Launcher course must be commenced within 12 months of the start date of the original project.
- Deferrals within 14 days of the start date or after the course commences are granted as per the below terms.
- Deferrals within 14 days of the start of the first project are only granted for projects #2 & 3.
- If you defer during project #1, you must notify us at least 2 weeks prior to the final presentation dates to defer project #2. Deferrals for project #3 are granted during this time frame.
- If you defer during project #2, you must notify us at least 2 weeks prior to the final presentation dates to defer project #3.
- Deferrals are not granted for project #3 within 2 weeks of the final presentations of project #2 and dates beyond that.
- Students are able to submit their project work for either projects up to 3 months after the end of the project in order to receive a signed certificate of completion.
Non-Disclosure and Confidentiality
You acknowledge and agree that during your use of the Harness Projects Service, you may have access to certain confidential and proprietary information belonging to Harness Projects and/or its Project partners or clients, including but not limited to trade secrets, business strategies, customer information, financial data, and technical information (“Confidential Information”). You agree to maintain the confidentiality of all Confidential Information and to use it solely for the purposes of your use of the Harness Projects Service.
You further agree that you will not disclose, publish, or otherwise reveal any Confidential Information to any third party without the express written consent of Harness Projects, except as required by law or as necessary to fulfill your obligations under these Terms. You shall take all reasonable measures to protect the confidentiality of the Confidential Information, including but not limited to implementing appropriate security measures and procedures.
The obligations of confidentiality set forth in this clause shall survive the termination of these Terms and shall continue for a period of five (5) years from the date of termination. In the event of any breach or threatened breach of this confidentiality provision, Harness Projects, its Project partners and clients shall be entitled to seek injunctive relief and any other remedies available at law or in equity, without the requirement of posting a bond.
Notwithstanding the foregoing, the obligations of confidentiality shall not apply to any information that: (a) is or becomes publicly available through no fault of yours; (b) was lawfully in your possession prior to receiving it from Harness Projects; (c) is rightfully received by you from a third party without any obligation of confidentiality; or (d) is independently developed by you without reference to or use of the
Confidential Information.
You understand and acknowledge that any breach of this confidentiality provision may result in irreparable harm to Harness Projects, its Project partner or clients, for which monetary damages may be inadequate, and you agree that Harness Projects, its Project partners or clients shall be entitled to seek equitable relief, including injunctive relief, in addition to any other remedies available at law or in equity.
By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by the terms of this non-disclosure and confidentiality provision.
3. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Harness Projects Service or content available on the Harness Projects Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users of the Harness Projects Service. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Harness Projects Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You expressly acknowledge and agree that you are solely responsible for your content on the Harness Projects Service. Harness Projects does not endorse, nor is it responsible for your content on the Harness Projects Service. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely responsible for any consequences that may arise from the posting of content through the Harness Projects Service. You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
You agree to use the Harness Projects Service only for its intended purpose. You must use the Harness Projects Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Harness Projects Service are prohibited.
You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Harness Projects Service, user accounts, or the technology and equipment.
- Frame or link to the Harness Projects Service without permission;
- Use data mining, robots, or other data gathering devices on or through the Harness Projects Service;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Disclose personal information about another person or post any content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct or that gives rise, or potentially gives rise to civil or criminal liability or that violates any applicable law;
- Sell, transfer, or assign any of your rights to use the Harness Projects Service to a third party without our express written consent;
- Post advertising or marketing links or content, except as specifically allowed by these Terms;
- Use the Harness Projects Service after your account has been terminated, without our consent;
- Use the Harness Projects Service in an illegal way or to commit an illegal act in relation to the Harness Projects Service or that otherwise results in fines, penalties, and other liability to Harness Projects or others; or
- Access the Harness Projects Service from a jurisdiction where it is illegal or unauthorized.
4. Consequences of Violating These Terms
Harness Projects may review and remove any of your content at any time for any reason, including for any activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Harness Projects Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Harness Projects Service.
5. Harness Project’s Liability
We are not liable for the actions of our users when they use the Harness Projects Service. We may also change the Harness Projects Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Harness Project Service or other websites.
A. DISCLAIMER OF WARRANTIES
Released Parties Defined. “Released Parties” include Harness Projects and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors. You use the Harness Projects Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE HARNESS PROJECTS SERVICE IS AT YOUR SOLE RISK, AND THE HARNESS PROJECTS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE HARNESS PROJECTS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE HARNESS PROJECTS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HARNESS PROJECTS SERVICE ARE CONSISTENT FROM USER TO USER, (iii) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE HARNESS PROJECTS SERVICE WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HARNESS PROJECTS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Harness Projects Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HARNESS PROJECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE HARNESS PROJECTS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE HARNESS PROJECTS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE HARNESS PROJECTS SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE HARNESS PROJECTS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE HARNESS PROJECTS SERVICE OR YOUR USE OF HARNESS PROJECTS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Harness Projects Content, (iii) any of Your User Content, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your credentials to access and otherwise use the Harness Projects Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vii) the willful misconduct of you or anyone accessing the Harness Projects Service. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Harness Projects Service.
C. LIMITATION OF LIABILITY FOR HACKING OR IMPROPER USE
Harness Projects shall not be liable for any damages or losses arising from hacking or improper use of the Harness Projects Service, including the acquisition of unauthorized information or access to systems. To the fullest extent permitted by law, the Released Parties shall not be responsible for any direct, indirect, incidental, consequential, or exemplary damages resulting from such hacking or improper use. This limitation of liability applies regardless of whether the hacking or improper use was caused by a third party or by the user.
6. General Terms
These Terms constitute the entire agreement between you and Harness Projects concerning your use of the Harness Projects Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Contact Information
info@harnessprojects.com.au
We have made revisions to these terms and conditions, effective May 8th, 2024. By continuing to use our services on or after May 8th, 2024, you agree to the new terms and conditions.
Last Modified: May 8th, 2024