Site & Service Terms

Last updated: 1 December 2023

About Emma Blomkamp, CoDesignCo and our Sites

These terms are our house rules

We are Emma Blomkamp and CoDesignCo and we deliver enjoyable and effective training, coaching, mentoring and a community of practice for people working to co-create compassionate systems, through our various Services.

  • CoDesignCo, we, or us means Emma Kate Blomkamp also trading as CoDesignCo ABN 16 870 845 218

  • You are a Visitor (if you visit our Site or attend a free Event) or a Client (if you buy Services from us, such as a training program or a paid Event).

If you are an organisation and you pay for a training program or a ticket to a paid Event for your team members, then both the organisation and the team members must follow these Terms. By paying, the organisation agrees to these Terms.

  • This agreement is between you, the Client or Visitor, and us, CoDesignCo.

    These Site Terms are our ‘house rules’ and they apply when you visit our Sites which includes our websites www.emmablomkamp.com and www.codesignco.space and our presence on third-party applications like LinkedIn and the CoDesignCo spaces on Notion and Slack.

    • These Terms apply to everyone who uses our Site, so we aim to make them easy to understand and fair.

    • If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites.

    • By visiting our Sites, you agree to these Terms, as well as our Privacy Policy.

    Other conditions apply to specific Services

    From time to time, we might offer opportunities for different types of Clients or extra Services. If we do, there might be further terms that apply to those specific Services.

    For example, if we offer a mentoring program, there might be specific terms which apply to that program.

Training programs and other Services

  • We set out some of the Inclusions for each type of Service and Program on our site.

    • Inclusions change from time to time based on various factors, including feedback from Clients, availability from our suppliers, and our current business strategy.

  • Upfront payment

    For most Services you buy from us, you pay for them upfront.

    • We may give instalment payment on the relevant Service page on our Site.

    • We send you invoices which you must pay by the due date.

    • We may offer a discount if you pay in full within a certain timeframe from the Start Date.

    • The payment method you choose might have extra conditions from the relevant payment processor (or by your bank, e.g. currency conversions).

  • If we don’t receive timely payment from you, we may:

    • suspend your access to our Site and Resources or refuse your entry to an Event,

    • remove or reduce a discount, and

    • charge a reasonable late fee to reflect our operational costs for chasing payments.

  • We might increase our Fees from time to time.

    • If we increase our Fees, we'll give you reasonable notice.

    • If we change our Fees, the change won’t affect you until you next buy a Service from usr next Membership Period.

    • Prices on our Site are in Australian currency and include GST (if it applies) unless we clearly say otherwise.

  • If the amount paid for a ticket to an Event or training program is incorrect, regardless of whether an error in price is posted on our website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date, or you are able to order a ticket that was not supposed to have been released for sale, we reserve the right to cancel that ticket (or the order containing the ticket) and refund the total amount paid. If any such refund is paid, we will not be liable for any other direct, consequential or indirect loss associated with the original transaction. This policy will apply regardless of whether the transaction was a human error or malfunction of this website or other ticketing system.

  • Responsibility for your account

    If we give you login and access information, you’re responsible for:

    • keeping details confidential and secure, and

    • all activity on your account, from any of your team members (authorised or otherwise).

Using our site

    • Our Site has materials, information, and Resources which we created using our own research and years of experience. We are happy for you to access our Site but only if you use it as set out in these Terms.

    • We grant you a limited licence to use our Site and Resources as set out in these Terms. Any other uses of our Site or Resources are not allowed unless we give our written permission.

  • You must not use our Site or Resources in a way that competes with CoDesignCo or breaches our IP rights.

    • If you want to collaborate or license our Resources for your own use, we’d be happy to chat.

  • We have systems and processes to store and manage information, but in general the internet and our Sites may not be 100% secure.

  • We supply the various Events and Services and you pay us the Fees. Regardless of the Services you access, this Agreement doesn’t create an employment or partner relationship.

  • We expect all Visitors and Clients to act in line with our Code of Care available from our Site.

    • These rules are intended to create a positive environment of collaboration and support to grow the network.

    • We may update our Code of Care from time to time, and if we do we’ll let you know via email (if we can) and on our Site.

  • If you book a session with our team, or if we offer information during an Event, you agree the discussions are general information only, not bespoke specialised advice.

    • We recommend you get formal independent advice and consider if the information is right for your business.

    We aim to make sure the information on our Site and at Events is accurate and up-to-date. But we can't promise that it's perfect or complete. So, please don't rely on it as your only source of information.

  • We can’t promise definite results from a training program, such as a specific number of networking connections or sales.

Working together

Handling your information

  • We know privacy is important to Clients. We take privacy and handling of personal information extremely seriously. How and why we collect, use, and disclose your Personal Information, is detailed in our Privacy Policy, available on our Site.

    • When you access our Site, you consent to us collecting and using your information in line with these Terms and our Privacy Policy.

  • If you access Resources, Events, Training or other Inclusions, you may be exposed to other peoples' Confidential Information, and you may share some of your Confidential Information with us or with other people.

    • We and all Clients both agree to treat that information with a high level of security and care and not disclose or misuse each other’s Confidential Information.

    For example, we may share Clients’ to share their contact details via a collaborative document or platform, so that you can connect with other participants after a training session, but you cannot share that personal information with anyone else, including people in your organisation.

    We both agree to only use the other’s Confidential Information for the purposes for which it is shared.

    Purposes include performing obligations and exercising rights in this Agreement, supplying the Client Services and managing our business affairs.

    • Neither of us can disclose the others’ Confidential Information to a third party unless required by law.

Intellectual property

  • We own our Site content

    We own IP or licence IP in our Site

    Other than brand material you or other Clients upload to our Site (such as a logo), we own (or have the rights to use) all IP rights in our Site and Resources, including Site Data.

    • We grant you a limited license to use our Resources to the extent needed for you to enjoy the Event, training program, Service, or to access our Site as intended.

    • We grant you a limited, single-use, revocable, non-exclusive, non-transferable licence for your personal use only.

    For example, you can’t share webinar login details or send Client-only Resources to non-clients.

    Access to the Site

    • During your training program, we may grant you access to Client-only Resources.

    • You do not have the right to transfer or sub-license your access without our consent.

  • Clients and Visitors may have access to our Resources when they visit our Site, attend an Event, or as part of the Services we supply. We do not guarantee access to specific Resources for any set length of time.

    • Some of our Resources are only available on a limited or single-use basis.

    For example, recorded webinars may have an expiry date or we may remove some Resources altogether.

    • As long as you link back to us and our Site and give credit where appropriate, you can sample and re-post up to 100 words on any other site.

  • You must not modify our IP

    Unless we give you written permission, you must not:

    • modify, copy, reverse engineer, or create derivative works of our IP or Resources;

    • assign or transfer your account or access to Services or our Resources to anyone else; or

    • sell, publish, claim ownership, or sub-licence our Resources or IP.

    • create or register any business names, trademarks or services based in part on our IP or Brand Elements.

    If you misuse our IP, you are in breach

    If you do any of the above, you are in material breach of these Terms and your Agreement with us.

    As well as being annoyed with you, we may take action to protect our rights without further notice to you.

    Ask us! If you want permission to licence our Resources, please reach out.

  • We may refer you to content created by other clever people. We always aim to correctly attribute and get permission to share the content of others. We expect you to respect the content of others.

    Let us know if you have any issues or questions about content we’ve shared.

  • We may let you post or submit information or content to our Sites. If you post content, you grant us a broad global, royalty-free licence to use that content as we see fit.

    • This means we might use and publicly display your content on our Sites.

    • If you post content on our Site, you are fully responsible for it.

    • We don’t endorse or approve and are not responsible for content posted by Visitors or Clients.

    • We may decide (or be required!) to remove content you’ve posted on our Site at any time.

    See also our Code of Care for more details about our expectations when posting.

    Feedback you give to us

    If you give feedback in a public forum, you give us permission to use that content and related personal information publicly.

    For example, taking a screenshot of a positive Google review or Instagram story and using that material to promote our business.

    • If you send private feedback, you give us permission to use that content anonymously on our Sites. We won’t attach private feedback to you by name without getting your permission first.

    • If you give permission and later change your mind, let us know and we’ll make reasonable efforts to remove it.

Liability and responsibilities

  • We use due care and skill.

    We must use reasonable care and skill to deliver our Site and Services to you.

    • We must deliver the Inclusions we offer to you within a reasonable time.

    Some things are outside our control

    We can’t promise our Services, Sites, or Resources will be continuously available or fault free.

    • If things outside our reasonable control impact our ability to supply the Site or Services, you agree we are not responsible for impacts on you as a result.

    • Some Site or Service features may be out of action occasionally when we update or maintain them.

    We don’t accept responsibility for losses you may suffer as a result of such problems.

    • If things outside our reasonable control impact our ability to supply Services, you agree we’re not responsible for impacts on you as a result.

    • We are not responsible for actions of other Visitors or Clients.

  • We limit our liability to you

    Consumers and Small Businesses have specific rights when they buy our Services (see accc.gov.au), and these Terms don’t replace legal rights you have under law.

    So we can continue to deliver our Services to our growing community of Visitors and Clients, we need to put some limits on our liability.

    • Unless we directly cause you loss through our negligence or wilful misconduct, we are not responsible for any loss caused by your use of our Services (or any inability to use a Service).

    • If we can’t exclude our liability, we limit our total liability to you to:

      • re-supplying the relevant Service to you, or

      • paying to you the cost of re-supplying the relevant Services to you.

    When you must pay us if you cause us loss

    To the extent allowed by law, you must pay us for any costs we incur that are caused or contributed to by your failure to comply with the Terms or a Policy (including the Code of Care) or your use or misuse of our Services, our Site, or Resources.

    For example, if you copy someone else’s work and present it as your own, and the actual IP owner makes a claim against us, and we suffer a loss as a result, then you must reimburse us for those costs.

    For example, if you take our Resources and then claim it as your own or resell it or give broad access to Client-only Resources, and we suffer a loss as a result, then you must reimburse us for those costs.


    Liability reduced proportionately

    If either of us is liable under this Agreement, that liability is reduced to the extent the loss or damage was caused or contributed to by any act or omission of the other (or their team or contractors).

    Nothing in these Terms restricts consumer laws that may apply to your purchase of our Services.

Events

  • About our Events

    We love connecting with our community in the online world and in the real world.

    • Details for Events and training programs we host are set out on the relevant online listing for each Event.

    For example, the Site page for a particular training program or Event will outline inclusions and details such as Fees, length date, time and place.

    • Some Events are part of your Inclusions with your Services or training program, and some are charged separately.

    Booking tickets for Events

    • You can book tickets to our Events and training online. When you book a ticket, you agree to the terms described here and on the Event listing.

    • If you haven’t paid the relevant Fees, you might not be able to attend and we might refuse your entry.

    • We may offer tickets to Clients that are discounted, complimentary, or included with a training program or Service.

      • These discounts and offers are only for Clients and must not be shared with non-Clients.

    • When you pay separately to book a ticket, that Fee is generally not refundable unless the Event or program is cancelled or rescheduled. We’ll confirm details on the relevant Site page.

      • This is because when you buy a ticket, we make venue bookings, hire extra team members, and otherwise make plans on the basis of each Event and program attendee. These are costs we might not be able to recover if you cancel.

    See Changing Events for details of what happens if an Event is cancelled or rescheduled.

    We may take photos and videos at Events

    We love sharing the collaboration and networking that goes on at our Events to encourage others to join the network, and this means photos and videos!

    • When you attend an Event, you understand that we will likely take lots of photos and videos, and we may use those photos and video to promote our business as well as any Event partners.

    See our Privacy Policy on our Site for more details on how we manage personal information.

  • We might need to cancel or reschedule Events

    We might need to cancel, change, or reschedule Events, training and programs for various reasons.

    For example, if a key facilitator becomes unwell, if the proposed Event location is no longer suitable, if restrictions relating to number of attendees or venues change, and other reasons.

    We will make reasonable efforts to arrange for a catch up session for a missed training, program or event.

    • Because we reschedule the event, we do not generally offer refunds for rescheduled or cancelled Events if the Event is part of a training program.

    • If we refund or credit you for changes to an Event, that is your only remedy for changes to Events.

    • You are responsible for other costs, such as accommodation bookings or travel costs to attend an Event.

    Rescheduled Events

    • If we need to reschedule an Event from its original date, and you aren’t able to attend the updated Event, let us know as soon as possible so we can reallocate your ticket.

    • If you’ve paid for an Event separate to a program, let us know within 7 days of us notifying you of the rescheduling and we’ll work with you to arrange a refund. Otherwise, we assume you’re happy to come along to the updated Event.

    Cancelled Events

    • If an Event is cancelled, we’ll aim to give you as much notice as we can.

    • If you’ve paid for an Event separate to a program, then we’ll work with you to refund the Fees.

    We may need to make changes to Events

    We’ll contact you via email to keep you up to date on Event details. It is your responsibility to make sure you can receive our emails about Events.

    Transferring your Event ticket

    We know that sometimes things happen, so we understand you might need to transfer your Event ticket to someone else if you can no longer attend.

    • To transfer your ticket, let us know at least 3 business days before the Event via the Event platform or email hello@codesignco.space

  • We aim to create a professional, collaborative space at all Events.

    • If we reasonably believe you are not acting in a professional, appropriate manner, we may ask you to change your behaviour, leave an Event or otherwise refuse you entry to an Event.

    See also our Code of Care for more on behaviour and conduct expectations.

Managing Issues

  • If a dispute crops up under this Agreement, we both agree to act reasonably in resolving issues.

    • Please contact hello@codesignco.space with the following details so we can help resolve the issue:

      • Your name and email address;

      • Details of the issue (e.g., about the issue, when it started, what you tried to resolve it so far, etc.);

      • How we can help you resolve the issue; and

      • Relevant information (such as screenshots of the issue or copies of relevant documents).

    • We'll confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days.

    • If we can't resolve your issue with you in that timeframe, we will be in touch to set out some proposed next steps.

Changes, ending and suspending

  • Changes to the Agreement

    Our Site and Services come with a variety of different inclusions which we update from time to time based on Client feedback, our business strategies, and market trends.

    • We will give you reasonable notice of major changes to a Service or Inclusions.

    • We may change these Standard Terms from time to time with reasonable notice to you.

    Extra Services

    From time to time, we may offer other Services or Events which have their own specific terms and conditions. If you take part in the activities, then we take it you agree to those extra terms and conditions.

    Updates to our Policies

    From time to time, we may update our Policies, such as our Privacy Policy or our Code of Care. We’ll give you reasonable notice of updates.

    • If you use our Services or Sites after a change takes effect, we take it that you agree to the update.

  • This Agreement ends naturally when your training program or other Services end.

    Ending this Agreement for convenience

    • Either you or we can end this Agreement on 30 days written notice to the other.

    • If you end the Agreement during a training program, then we may charge a reasonable cancellation fee. This Fee will reflect our administrative costs as well as loss we incurred from blocking out our calendar for you, turning away other clients from a Program, and the Services and Resources we provided to you.

    • If we decide to end the Agreement with you early, then we must act reasonably for legitimate business, legal or regulatory reasons. If we do, then we’ll refund a portion of Fees you’ve paid us for Services and training program content you didn’t or won’t receive.

    We need the flexibility to respond to market trends, regulatory changes, Client needs overall, and to balance our resources.

    Ending this Agreement for breach

    We both agree to discuss and try to resolve issues first, but either of us may suspend Services or end this Agreement:

    • immediately if the other party breaks the law or becomes insolvent or bankrupt, or

    • on written notice if either of us are in material breach of this Agreement and either that breach cannot be fixed or, despite receiving a written notice outlining the breach and how to fix the it, the party is still in breach 14 days later.

    Some Services may have requirements for minimum commitments and other details set out in the Program Terms for that Service (for example, on our Site when you agree to buy a Service online).

  • Actions after termination or suspension

    If this Agreement ends for any reason:

    • We deactivate your account access and remove you from our Site and online channels.

    • Both of us must return or securely destroy all Confidential Information of the other party.

    • This is subject to keeping any records strictly for legal or accounting purposes.

    • Your licence to use our Brand Elements (and our other IP) also ends and you must remove all our IP from your Site and marketing material within 30 days.

    • You must pay outstanding money you owe us.

    Some obligations continue after the Agreement ends, such as the obligation to pay outstanding amounts and to protect Confidential Information.

    If we end this Agreement because of your breach, then:

    • You are no longer allowed to access Inclusions or use our Resources, and

    • You must pay for all Services received up until the Agreement ends.

General details

  • We may assign or transfer our rights or obligations under this Agreement.

    • We may subcontract our obligations under this Agreement, but we remain responsible for employees and subcontractors we use.

    • Services and training programs are specific to each individual that signs up, so you can’t assign or transfer your rights or obligations without our consent (which we won’t unreasonably withhold).

    If you are an organisation and you’ve bought training programs for team members that have since left your team, please contact us to make alternative arrangements.

    • If you allow someone else to access a Client account, you’re responsible for their actions as if they were yours.

  • No waiver of rights: The delay, failure, or partial exercise of rights is not a waiver of those rights.

    Invalid terms severed: If a relevant authority decides one or more terms in this Agreement is invalid, those terms are severed and other terms remain in full force and effect.

    Full agreement: This Agreement is the complete understanding between you and us. It replaces all prior understandings, whether verbal or written, relating to the subject matter of this Agreement.

    Governing law: This Agreement is governed by the laws of the State of Victoria, Australia.

  • In this Agreement, words that start with capital letters have the below meanings:

    Agreement
    Our agreement with you, as set out in these Standard Terms, our online sign up process, our Policies, and any relevant Extra Terms.

    Brand Elements
    Logos, badges, and other IP and brand assets related to CoDesignCo or Emma Blomkamp which form part of our IP.

    Client
    The person or business named in an application or accepted by us to attend an Event or training program or otherwise buy our Services.

    Client Details
    The part of your application which sets out the key details about your services and relevant training program which is available on our site or agreed in writing with you.

    Confidential information
    All material, IP, non-public, business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving party, directly or indirectly, through any means of communication or observation relating to a party’s business but excludes information that, without the breach of this Agreement:

    • is already known to receiving party,

    • is or becomes publicly known.

    Events
    The various in person and online seminars, workshops, training sessions, panel discussions, networking mixers, and other related Services we deliver.

    Fees
    Amounts you pay to us for our Services, as set out in the Services or Event details page on our Site or agreed in writing with you. Fees may include Service fees, events fees, ticketing fees, training fees, and additional programs and promotional opportunities.

    Inclusions
    The Services we deliver to Clients which may change over time, as described on our Site, including access to our Client-only Site and Resources, webinars, in-person Events, networking, collaboration, online learning, access to mentors and experts, community forums and more.

    Intellectual Property or IP
    All the following in any jurisdiction in the world: trademarks (including applications and registrations, and goodwill connected with them) patents, copyrights, internet domain names, trade secrets, confidential know-how, and proprietary rights and interests. Brand Marks, Brand Elements, and our Resources form part of our IP.

    Personal Information
    As defined in the Privacy Act 1988.

    Policy
    Information and reasonable directions we give to you about how your Membership works and expected behaviour of Members, for example, our Code of Care.

    Promo Activities
    Opportunities such as outdoor advertising, print and media campaigns, and other collaborations we may agree with you in writing or agreed in Extra Terms.

    Resources
    All tools we create, use, or give you access to so we can supply our Site and Services, including: QR codes, barcode scanners, reports, Events, blogs, written information, videos, images, audio, webinars and / or our other Site materials (excluding Client owned material, such as logos).

    Services
    The various services we deliver to Clients and Visitors including Events, different and changing program inclusions and other related products and services.

    Site Data

    All data related to access and use of our Site, all ratings and feedback or comments provided by Visitors and Members, and the account details assigned to you that enables you to use and access the Site.

    Site
    www.emmablomkamp.com and www.codesignco.space, our CoDesignCo Hub on Notion, and our presence on third-party applications like Slack, Twitter and LinkedIn.

    Visitor
    A person using our Site.