Terms & Conditions
1. ABOUT THESE TERMS
These Terms and Conditions govern your access to and use of www.foscollective.com.au and any associated websites, online portals, digital platforms, services and content operated by FOS Collective Pty Ltd.
FOS Collective Pty Ltd operates:
• FOS Collective, providing interior design consultancy and related services; and
• Elite Interior Design Academy, also referred to as EIDA, providing education, courses, mentoring, workshops, programs, events, memberships and digital resources.
In these Terms, “FOS Collective”, “Elite Interior Design Academy”, “EIDA”, “we”, “us” and “our” refer to FOS Collective Pty Ltd.
“You” and “your” refer to any person who accesses our website, purchases a product or service, makes a booking, creates an account or otherwise deals with us.
By accessing our website or purchasing or booking a product or service through us, you agree to these Terms.
If you do not agree with these Terms, you should not use our website or purchase through it.
2. AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded, restricted or modified.
Where there is any inconsistency between these Terms and a right you have under a law that cannot be excluded, that law will prevail.
3. ELIGIBILITY AND AUTHORITY
You must be legally capable of entering into a binding agreement to purchase products or services through our website.
If you make a booking or purchase on behalf of a company, business, organisation or another person, you represent that you have authority to do so.
You are responsible for ensuring that the information you provide to us is accurate, current and complete.
4. WEBSITE INFORMATION
We make reasonable efforts to ensure that information presented on our website is accurate and current.
However:
• website content is provided for general information;
• images may be illustrative;
• prices, availability, service inclusions and program details may change;
• typographical or administrative errors may occur.
We may correct errors and update website information at any time.
Where you have entered into a confirmed written agreement with us, the terms of that agreement will prevail over general website information to the extent of any inconsistency.
5. OUR SERVICES
Services offered through FOS Collective may include:
• interior design consultancy;
• design reviews and professional guidance;
• design intensives;
• consultations;
• finishes and selections advice;
• spatial and planning feedback;
• supplier and product guidance;
• shopping and sourcing services;
• mentoring;
• other design-related professional services.
Services offered through Elite Interior Design Academy may include:
• online and in-person courses;
• educational programs;
• digital resources;
• templates, guides and workbooks;
• workshops and events;
• group training;
• mentoring;
• memberships;
• subscriptions;
• online communities;
• professional development programs.
The precise inclusions, exclusions, fees and delivery arrangements for a particular service will be described on the relevant service page, proposal, quotation, booking form, checkout page or service agreement.
6. SERVICE-SPECIFIC TERMS
Certain services may be subject to additional terms, including:
• booking policies;
• cancellation and rescheduling policies;
• payment terms;
• project proposals;
• scopes of work;
• client agreements;
• mentoring agreements;
• subscription terms;
• event terms.
Those additional terms form part of your agreement with us.
Where a specific written agreement has been entered into for a service, that agreement will prevail over these general Terms to the extent of any direct inconsistency.
7. BOOKINGS AND ACCEPTANCE
Submitting an enquiry or booking request does not necessarily mean that we have accepted your engagement.
A booking is confirmed when the requirements specified by us have been satisfied, which may include:
• our written confirmation;
• execution or acceptance of applicable terms;
• completion of required forms;
• payment of a deposit or full fee.
We reserve the right to decline a booking before it has been confirmed.
8. FEES, PRICING AND GST
Unless expressly stated otherwise:
• all prices are in Australian dollars;
• GST will be charged where applicable;
• payments must be made in accordance with the terms presented at the time of booking or purchase.
We may change the prices of future products or services at any time.
A price change will not retrospectively alter the agreed price of a confirmed purchase or engagement unless you agree to the change or the original pricing was the result of an obvious error.
9. PAYMENT
You agree to pay all amounts due in accordance with the applicable payment terms.
Depending on the product or service, payment may be required:
• in full in advance;
• by deposit and progress payments;
• under an agreed payment plan;
• on a recurring subscription basis.
We may use third-party payment providers to process transactions.
You are responsible for ensuring that you are authorised to use the payment method provided.
Where payment is overdue, we may suspend further work, delivery or access until outstanding amounts are paid, subject to applicable law and any specific agreement governing the service.
10. CANCELLATIONS, RESCHEDULING AND REFUNDS
Cancellation, rescheduling and refund terms may differ between services and will be set out on the relevant service page, booking form, proposal, checkout page or agreement.
By completing a booking or purchase, you agree to the cancellation and rescheduling policy presented to you at that time.
Except where required by the Australian Consumer Law or other applicable law, we are not required to provide a refund merely because you have changed your mind.
Where a non-refundable booking fee, cancellation period or rescheduling requirement applies, this will be disclosed as part of the relevant booking or purchase terms.
Nothing in this clause limits any refund, cancellation, replacement or other remedy to which you are legally entitled.
11. CLIENT RESPONSIBILITIES FOR DESIGN AND CONSULTANCY SERVICES
The quality and accuracy of our services may depend on the information provided to us.
You agree to provide accurate and complete information reasonably required for us to perform the agreed services, including where relevant:
• plans and drawings;
• dimensions and measurements;
• photographs;
• project budgets;
• relevant consultant information;
• details of existing conditions;
• construction or project constraints;
• approvals and requirements known to you.
Unless expressly included within our agreed scope, you remain responsible for obtaining all necessary:
• planning and regulatory approvals;
• building approvals and certifications;
• structural advice;
• engineering advice;
• surveying;
• specialist technical advice;
• construction verification.
You must ensure that final site dimensions, technical requirements and construction details are checked by the appropriate builder, contractor, supplier, architect, engineer or other suitably qualified professional before manufacture, ordering or construction.
We are not responsible, to the extent permitted by law, for loss arising from inaccurate, incomplete or outdated information supplied to us or from changes made to our recommendations without our involvement.
12. SCOPE AND LIMITATIONS OF DESIGN ADVICE
We provide the professional interior design and consultancy services expressly included in the agreed scope.
Unless expressly included in writing, our services do not include professional services requiring separate specialist qualifications or registration, including structural engineering, land surveying, building certification, quantity surveying, legal advice, taxation advice or financial advice.
Where specialist advice is reasonably required, you should obtain advice from an appropriately qualified professional.
Our recommendations may be based on the information reasonably available to us at the time.
13. PRODUCTS, SUPPLIERS AND THIRD PARTIES
We may recommend or introduce third-party:
• suppliers;
• manufacturers;
• builders;
• tradespeople;
• consultants;
• products;
• materials;
• services.
Unless expressly agreed otherwise, those third parties operate independently from us.
Any contract you enter into directly with a third party is between you and that third party.
Product pricing, stock, availability, manufacturing times, shipping, colours, finishes and specifications may change and may be outside our control.
Where supplier discounts, professional pricing or trade pricing may be available:
• availability is not guaranteed;
• discount levels may differ between suppliers and products;
• terms may change;
• exclusions may apply.
We are not responsible for the acts or omissions of an independent third party except to the extent that responsibility cannot lawfully be excluded.
13. DIGITAL PRODUCTS AND ACADEMY CONTENT
When you purchase or access an Elite Interior Design Academy course, program, resource or digital product, you receive a limited, personal, non-exclusive and non-transferable right to access and use the relevant materials for their intended purpose.
Unless we expressly agree otherwise in writing, you must not:
• copy or reproduce our materials for distribution;
• sell, sublicense or commercially distribute our content;
• share login credentials or paid resources with another person;
• upload paid materials to public file-sharing services;
• publish substantial portions of our materials online;
• use our materials to create or sell a substantially copied or competing course, program, template or resource;
• represent our intellectual property as your own;
• remove copyright or proprietary notices.
Where a template or professional resource is specifically intended to be adapted for use within your own design practice, you may use it for that intended internal professional purpose.
You may not resell, redistribute or commercially license the underlying template or resource itself unless we have given written permission.
14. EDUCATIONAL AND MENTORING OUTCOMES
Elite Interior Design Academy provides education, professional development, guidance and mentoring.
Individual results vary.
We do not guarantee:
• employment;
• promotions;
• business revenue;
• clients;
• awards;
• career advancement;
• financial results;
• any particular professional outcome.
Your results will depend on numerous factors including your circumstances, experience, decisions, participation and implementation.
Testimonials and examples of participant experiences are not guarantees that you will achieve the same results.
15. ACCOUNTS AND LOGIN DETAILS
Where you create an account, you are responsible for:
• maintaining the confidentiality of your login credentials;
• ensuring your account information remains accurate;
• activities conducted through your account.
You must not intentionally allow another person to access paid content using your individual account unless the product expressly permits multiple users.
You must notify us promptly if you reasonably believe your account has been accessed without authorisation.
16. SUBSCRIPTIONS AND RECURRING PAYMENTS
Where we offer a subscription or recurring membership, the applicable:
• price;
• billing frequency;
• minimum commitment period, if any;
• cancellation procedure;
• renewal arrangements
will be disclosed before you purchase.
By purchasing a recurring subscription, you authorise the applicable recurring charges in accordance with the terms presented at checkout.
You may cancel a subscription in accordance with the cancellation process and any minimum commitment disclosed at the time of purchase.
Unless otherwise stated, cancellation will take effect at the end of the current paid billing period.
Nothing in this clause limits any rights or remedies you have under applicable law.
17. INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property associated with our website, businesses, services and materials is owned by or licensed to FOS Collective Pty Ltd.
This includes, without limitation:
• website content;
• written materials;
• course content;
• educational frameworks and methodologies;
• the E.L.I.T.E Method and associated educational materials;
• guides;
• workbooks;
• checklists;
• templates;
• presentations;
• videos;
• graphics;
• photographs owned by us;
• branding;
• logos;
• designs;
• downloadable resources.
Nothing in these Terms transfers ownership of our intellectual property to you.
You must obtain our written permission before reproducing, publishing, distributing or commercially exploiting our intellectual property except where expressly permitted by these Terms.
18. PORTFOLIO AND PROJECT MATERIALS
Unless otherwise agreed, ownership and permitted use of design documentation, concepts, presentations and project materials created specifically for a client will be governed by the applicable project proposal or client agreement.
Nothing on our website automatically transfers ownership of FOS Collective's intellectual property to a client.
Any licence to use project materials is subject to the terms of the relevant engagement.
19. USER-PROVIDED CONTENT
You retain ownership of original material you provide to us.
You grant us permission to use material you provide only to the extent reasonably necessary to:
• provide the services you requested;
• administer your account or participation;
• communicate with you;
• comply with legal obligations.
We will not knowingly use private client project information, private mentoring information, photographs or testimonials for public promotional purposes without an appropriate basis or permission.
20. CONFIDENTIALITY
Where confidential information is disclosed as part of a consultancy, mentoring or educational relationship, each party should take reasonable steps to protect that information.
This does not apply to information that:
• is publicly available other than through a breach of confidentiality;
• was lawfully known before disclosure;
• is independently obtained from another lawful source;
• must be disclosed by law.
21. ACCEPTABLE USE
You must not use our website, services, platforms or communities:
• for unlawful or fraudulent purposes;
• to infringe another person's rights;
• to introduce malicious software or harmful code;
• to interfere with website security or functionality;
• to attempt unauthorised access to restricted systems or accounts;
• to harass, threaten or abuse another person;
• to distribute our paid content without permission;
• in a way that could reasonably damage our business, systems or reputation through unlawful conduct.
We may restrict access where reasonably necessary to protect our business, intellectual property, systems, clients, students or community.
22. COMMUNITY AND PROGRAM CONDUCT
Participants in Academy groups, workshops, memberships, communities and programs must interact respectfully with others.
We may remove a participant from a community or program for serious or repeated misconduct, including:
• harassment;
• discrimination;
• threats;
• deliberate disruption;
• intellectual property infringement;
• unauthorised sharing of confidential participant information.
Any decision to restrict access will be exercised reasonably and subject to your rights under applicable law and the specific terms of the program.
23. THIRD-PARTY LINKS AND PLATFORMS
Our website may contain links to or integrate with third-party websites and platforms.
We do not control third-party websites and are not responsible for their independent content, availability, security, privacy practices or terms.
Your use of a third-party platform may be subject to separate terms between you and that provider.
24. WEBSITE AVAILABILITY
We aim to keep our website and digital services available but cannot guarantee uninterrupted access.
Access may occasionally be interrupted because of:
• maintenance;
• technology failures;
• security issues;
• third-party service interruptions;
• events outside our reasonable control.
Where reasonably practicable, we will seek to minimise disruption to paid services.
25. LIMITATION OF LIABILITY
Nothing in these Terms excludes liability that cannot lawfully be excluded.
To the maximum extent permitted by law, we are not responsible for loss to the extent that it results from:
• inaccurate or incomplete information supplied to us;
• failure to obtain required specialist or regulatory advice;
• unauthorised changes to our designs or recommendations;
• failure to follow relevant professional advice or instructions;
• the independent acts or omissions of third-party suppliers, contractors or consultants;
• events outside our reasonable control.
You remain responsible for decisions you make based on educational or general website content.
Any limitation in these Terms is subject at all times to your non-excludable rights under applicable law.
26. INDEMNITY FOR UNLAWFUL USE
To the extent permitted by law, you are responsible for loss reasonably incurred by us as a direct result of your deliberate unlawful use of our website or your deliberate infringement of our intellectual property rights.
This clause does not apply to the extent that the loss was caused or contributed to by us.
27. EVENTS OUTSIDE REASONABLE CONTROL
Neither party will be responsible for delay or failure to perform an obligation to the extent caused by circumstances outside that party's reasonable control.
Where such an event affects a paid service, the parties will act reasonably and in good faith to determine an appropriate alternative arrangement.
Nothing in this clause limits rights that cannot lawfully be excluded.
28. SUSPENSION OR TERMINATION
We may suspend or terminate access to our website, services or platforms where reasonably necessary because of:
• serious breach of these Terms;
• non-payment;
• fraud or suspected unlawful activity;
• serious misconduct;
• intellectual property infringement;
• a genuine security risk.
Where appropriate and reasonably practicable, we may provide an opportunity to remedy a breach before termination.
Termination does not affect rights or obligations that arose before termination.
29. PRIVACY
Our collection and handling of personal information is governed by our Privacy Policy, available on our website.
30. CHANGES TO THESE TERMS
We may update these Terms from time to time.
Updated Terms will apply to future use of our website and future purchases from the date they are published.
We will not retrospectively change the essential commercial terms of an existing confirmed agreement without an appropriate contractual or legal basis.
31. SEVERABILITY
If any part of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary where possible.
If it cannot be read down, it will be severed without affecting the remaining provisions.
32. NO WAIVER
A failure or delay by either party to exercise a right does not automatically constitute a waiver of that right.
33. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia.
The parties submit to the jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from them.
Nothing in this clause prevents a consumer from exercising any right they may have to bring a claim in another jurisdiction where applicable law permits them to do so.
34. DISPUTES
If a dispute arises, we encourage you to contact us first so that both parties can attempt to resolve the issue promptly and in good faith.
Nothing in this clause prevents either party from seeking urgent relief or exercising rights available under applicable consumer law.
35. CONTACT
FOS Collective Pty Ltd
Trading as:
FOS Collective
Elite Interior Design Academy
Website: www.foscollective.com.au
Email: info@foscollective.com.au
ABN: 89 655 956 013