Terms and Conditions of Use

Yokoten Consultancy Pty Ltd (ACN 688 720 185)

Effective Date: 3 November 2026

1. About These Terms

These Terms and Conditions of Use apply to your access to, and use of, downloadable resources supplied through the website of Yokoten Consultancy Pty Ltd (ACN 688 720 185) ("Yokoten Consultancy", "we", "us" or "our"). Digital resources include worksheets, guides, toolkits, training materials, webinar recordings and other downloadable digital files ("Digital Resources"), whether provided free of charge or for payment.

Please read these terms before requesting, purchasing or downloading any Digital Resource. By accepting these terms during the download, registration or checkout process, you agree to be bound by them. If you do not agree, you must not proceed with the download or purchase. If you accept these terms on behalf of an organisation, you confirm that you have authority to bind that organisation.

Any resource-specific licence, access period, pricing, usage limit or special condition will be disclosed before you obtain a Digital Resource. If there is any inconsistency between these terms and an expressly agreed written special condition, the special condition will prevail to the extent of the inconsistency. These terms do not replace any separate consulting, training or service agreement between you and us.

2. Collection and Privacy Notice

When you interact with our website, subscribe to updates, request resources or contact us, we may collect personal information including your name and email address. We collect personal information directly from you wherever reasonably practicable and only where it is reasonably necessary for our business activities and services.

We use personal information for purposes including:

  • Responding to enquiries, feedback and support requests.

  • Providing newsletters, updates, Digital Resources and operational communications you have requested or agreed to receive.

  • Administering, improving and securing our website and services.

  • Meeting legal, regulatory and record-keeping obligations.

We do not sell, trade or rent personal information.

We may disclose personal information:

  • With your consent.

  • Where required or authorised by law.

  • To trusted service providers, such as email marketing, cloud hosting or website service providers, who assist us in delivering our services and are subject to appropriate confidentiality and privacy obligations.

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure. Personal information is retained only for as long as reasonably necessary for the purposes for which it was collected or as required by law.

Subject to applicable privacy laws, you may request access to the personal information we hold about you and request correction of information that is inaccurate, incomplete or out of date. To make a request or raise a privacy concern, please contact our Privacy Officer at hello@yokotenconsultancy.com.au.

If you believe your privacy has been mishandled or that we have not complied with applicable privacy laws or privacy principles, please contact us first so that we can investigate and attempt to resolve the issue.

3. Educational and Professional Development Use Only

Digital Resources are provided for general information, education and professional development purposes only. They do not constitute clinical advice, psychological assessment, psychological treatment, medical advice, legal advice, or advice tailored to the specific circumstances of any individual, school or organisation. Accessing or downloading a Digital Resource does not create a psychologist-client, therapeutic, consulting or advisory relationship.

You are responsible for exercising your own professional judgement and determining whether a Digital Resource is suitable for your circumstances. Where necessary, you should obtain advice from appropriately qualified professionals.

Resources relating to threat assessment, safety, wellbeing or risk management do not replace case-specific assessment, safeguarding requirements, mandatory reporting obligations or emergency procedures. No clinical, educational, organisational or business outcome is guaranteed.

Do not rely on any Digital Resource in an emergency or where there is an immediate risk to health or safety. Contact emergency services or other appropriate authorities without delay.

4. Intellectual Property and Permitted Use

All intellectual property rights in our Digital Resources remain our property or the property of the relevant rights holder. Purchasing, downloading or accessing a Digital Resource does not transfer ownership of any intellectual property rights.

Subject to payment where applicable and compliance with these terms, we grant you a non-exclusive, non-transferable licence to download, store and print Digital Resources for:

  • Your personal use; or

  • Internal professional, educational or business use within the licence scope disclosed at the time of purchase or download.

Where a resource is licensed to a single user, only that individual may use it. Team, school, organisational or multi-user use requires the licence expressly stated at the time of purchase.

Unless otherwise stated, this licence is perpetual in relation to lawfully downloaded copies, subject to termination under Section 10. Any portal access period applies only to hosted access and does not automatically revoke a valid licence to downloaded materials.

Unless expressly permitted in writing, you must not:

  • Sell, sublicense, transfer, distribute or provide copies to third parties outside the licensed user scope.

  • Upload resources to public websites, public file-sharing platforms or publicly accessible repositories.

  • Share login credentials or provide unlicensed users with access to restricted materials.

  • Remove copyright notices or attribution information.

  • Rebrand Digital Resources as your own.

  • Translate, modify, adapt or create derivative works from Digital Resources, except where completion fields, templates or worksheets are specifically designed for editing.

Any permitted customisation or adaptation does not transfer ownership of the underlying intellectual property rights to you.

Where client, participant or classroom distribution is expressly authorised, distribution is limited to the recipients, purpose and quantity specified in that authorisation. Recipients must not further distribute or reproduce the materials.

5. Prices and Payment

Free resources will be identified as free.

For paid resources, pricing, currency, GST treatment, licence scope, user limits and access periods will be disclosed before purchase. We will not charge recurring subscription fees unless the recurring amount, billing frequency and cancellation arrangements are clearly disclosed and separately accepted before purchase.

Unless we agree otherwise in writing, payment must be received before a paid resource is supplied. Where invoicing is agreed, payment is due within 14 days of the invoice date unless otherwise specified in writing. If a due date falls on a non-business day, payment is due on the next business day. A business day means a day other than a Saturday, Sunday or public holiday in Western Australia.

6. Digital Delivery and Access

Digital Resources are supplied electronically through the delivery method described at the time of download, registration or purchase. You are responsible for providing accurate contact information and maintaining suitable internet access, software and equipment.

If you experience difficulties accessing a resource, receive a corrupted file, or do not receive a paid resource, please contact us. We will take reasonable steps to investigate and restore access or provide a replacement copy where appropriate.

Where a Digital Resource includes hosted or portal access for a stated period, access will end at the conclusion of that period unless otherwise agreed. We do not guarantee indefinite hosting, future updates or ongoing support unless expressly stated in the resource description or a separate agreement.

7. Consumer Rights, Refunds and Remedies

Nothing in these terms excludes, restricts or modifies any rights, guarantees or remedies available under the Australian Consumer Law or any other law that cannot lawfully be excluded.

If a paid Digital Resource is defective, not as described or fails to satisfy a consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy as required by law. The available remedy will depend on the nature and seriousness of the issue.

Because Digital Resources are supplied electronically and become accessible immediately after delivery, we generally do not offer change-of-mind refunds. However, this does not affect any rights or remedies available under applicable law or any more generous refund policy that we may expressly provide.

8. Your Responsibilities

You must use Digital Resources lawfully, ethically and in accordance with any applicable professional obligations. You must not:

  • Attempt to bypass security measures or access controls.

  • Interfere with the operation, availability or security of our website.

  • Introduce malicious software or code.

  • Misuse another person's account or credentials.

You are responsible for protecting confidential and personal information used in connection with the Digital Resources and for obtaining any necessary permissions before using information relating to others.

9. Limitation of Liability

Section 7 applies to this section.

We will provide paid Digital Resources with the care and skill required by applicable law. Except for rights that cannot lawfully be excluded and commitments expressly stated in a resource description or written agreement, we do not warrant that any Digital Resource will meet every individual requirement or achieve a particular result.

To the extent permitted by law, neither party is liable to the other for indirect, incidental or consequential loss arising from use of the Digital Resources. This limitation does not apply to liability that cannot legally be excluded, including applicable consumer rights, fraud or wilful misconduct.

10. Suspension and Termination

If you materially breach these terms, we may give written notice identifying the breach and the steps required to remedy it. Where the breach is capable of remedy, you will have five business days from receipt of the notice to do so. If the breach is not remedied within that period, we may suspend or terminate the relevant licence or access.

We may immediately suspend access where reasonably necessary to address significant security risks, unlawful activity or serious misuse of Digital Resources. Any suspension will be proportionate to the circumstances.

If a licence is validly terminated, you must cease the unauthorised use of affected Digital Resources and delete copies that are no longer authorised, except where retention is required by law.

11. Force Majeure

Neither party is liable for any delay or failure to perform obligations under these terms where the delay or failure results from circumstances beyond that party's reasonable control, including natural disasters, telecommunications failures, cyber incidents, government actions, interruptions to internet infrastructure or widespread service outages. The affected party must take reasonable steps to minimise the impact of the event.

12. Changes to These Terms

We may update these terms from time to time by publishing a revised version with an updated effective date. The version accepted when a Digital Resource is obtained will continue to apply to that resource unless you expressly agree otherwise or a change is required by law.

13. International Users

Our Digital Resources are developed in Australia and are based primarily on Australian laws, regulations, professional standards, educational frameworks and practice requirements.

If you access, purchase or use our Digital Resources outside Australia, you do so at your own risk and are responsible for ensuring that your use complies with the laws, regulations, professional obligations and local requirements that apply in your jurisdiction.

Unless expressly stated otherwise, references to legislation, regulatory obligations, educational requirements, workplace requirements, safeguarding obligations or professional standards are references to Australian requirements and may not apply in other countries.

We make no representation or warranty that any Digital Resource is suitable for use, compliance or implementation outside Australia. Users outside Australia should obtain independent legal, regulatory or professional advice before relying on or implementing any content where local compliance requirements may apply.

Nothing in this clause excludes any rights that cannot lawfully be excluded under applicable consumer protection laws.

14. Governing Law and Disputes

These terms are governed by the laws of Western Australia. Subject to any mandatory rights you may have under applicable law, the parties submit to the jurisdiction of the courts of Western Australia and the Federal Court of Australia.

If any provision of these terms is found to be unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect. A delay in exercising a right does not constitute a waiver of that right.

15. Contact and Notices

For support, permissions, refund requests or questions about these terms, contact Yokoten Consultancy Pty Ltd (ACN 688 720 185) at hello@yokotenconsultancy.com.au.

Formal notices under these terms must be provided in writing. Notices to us should be sent to the email address above. Notices to you will be sent to the email address you provide. A notice will be taken to have been received when acknowledged by the recipient or when delivery is successfully confirmed. Where email delivery fails, an alternative reliable written method may be used.