Terms of service
Terms and Conditions of Sale and Service
First 5 Minutes Pty Ltd ("we", "us", "our") Last updated: 15/09/2026
These Terms and Conditions ("Terms") govern the purchase of courses and access to the online learning platform operated by First 5 Minutes Pty Ltd (ABN 65 010 596 013) ("Platform"). By purchasing a course or using the Platform, you ("Client", "User", "you") agree to be bound by these Terms.
These are summary Terms. Our full Terms and Conditions, Shipping and Delivery Policy, Return and Refund Policy, Website Terms of Use and Legal Notice are available at https://first5minutes.com.au/terms-conditions/ and take precedence in the event of any inconsistency, except that our Privacy Policy controls in relation to the collection, use, or disclosure of your personal information (see clause 13.2).
1. Acceptance of Terms
By completing a purchase, creating an account, or accessing any course on the Platform, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not proceed with the purchase or use of the Platform.
2. Capacity to Contract
2.1 By making a purchase on the Platform, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract under Australian law.
2.2 The Platform and course purchases are intended for use by adults, or by businesses and organisations acting through an authorised representative who has the capacity and authority to bind that business or organisation.
2.3 Where a course is purchased by an adult for use by a minor or another individual (e.g., as an assigned recipient), the purchasing adult is the contracting party for the purposes of these Terms and remains responsible for compliance with them, including under clause 5 (Access and Assignment Responsibility).
2.4 We reserve the right to refuse, cancel, or suspend access to any purchase where we reasonably believe it was made by a person who did not have the legal capacity to contract.
3. Course Purchases and Payment
3.1 All courses must be purchased and paid for in full via credit card (or other approved payment method) at the time of purchase.
3.2 Access to a purchased course will only be granted once payment has been successfully processed and confirmed. Course access is delivered digitally only; no physical goods are supplied. Further detail on how access is delivered is set out in our Shipping and Delivery Policy.
3.3 Prices are listed in Australian Dollars (AUD) and are exclusive of GST where applicable, unless otherwise stated.
3.4 Some purchases may provide multiple course access allocations (e.g., seats, licences, or tokens) that can be assigned by the Client to individual users. Terms relating to unallocated access are set out in our Return and Refund Policy.
4. Price Changes
4.1 We reserve the right to amend, increase, or decrease the price of any course or service at any time and without prior notice.
4.2 Any price change will apply only to purchases made after the change takes effect. Price changes will not affect the price paid for any purchase already completed prior to the change.
5. Access and Assignment Responsibility
5.1 Upon successful completion of a purchase, it is the sole responsibility of the Client/User to ensure the correct course has been selected, purchased, and/or assigned to the intended recipient.
5.2 We do not accept liability, and will not provide free or replacement course access, where an incorrect course has been purchased or assigned due to an error made by the Client, User, or purchaser (including, but not limited to, selecting the wrong course, entering incorrect recipient details, or assigning access to the wrong person).
5.3 Clients are encouraged to check all order details, course selections, and recipient/assignment information carefully before completing a purchase, as access is granted immediately upon payment.
5.4 It is the responsibility of the Client/User to provide a correct and active email address and accurate account details at the time of purchase, as this information is used to grant digital access.
6. Free Demo and Preview Content
6.1 We make free demo or preview course content available on the Platform to allow prospective purchasers to review the course style, format, and content before committing to a full purchase.
6.2 Access to demo content is recorded in the Client/User's access logs and may be taken into account when assessing a change-of-mind refund request, as further described in our Return and Refund Policy.
7. Refunds and Cancellations
7.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded.
7.2 Under the Australian Consumer Law, you may be entitled to a refund, replacement, or other remedy if a course or service:
- is not provided with due care and skill;
- is substantially not fit for the purpose it was sold for; or
- is not delivered as described.
7.3 Except as required under the Australian Consumer Law, we do not offer refunds, exchanges, or credits for:
- change of mind, particularly where demo/preview content was accessed prior to purchase;
- incorrect course selection or assignment by the purchaser (see clause 4); or
- failure to complete or access a course due to reasons within the Client's or User's control.
7.4 As a voluntary term, where a Client is unhappy with the service, we will refund the value of any unallocated course access remaining on a multi-seat purchase and remove those counts from the Client's profile. Course access already allocated to a user remains valid and usable regardless of whether it has been used or completed. Full detail is set out in our Return and Refund Policy.
7.5 Refund requests, where applicable, should be directed to spot@first5minutes.com.au and are subject to the process set out in our Return and Refund Policy.
8. Access to the Platform
8.1 We will use reasonable endeavours to ensure the Platform and purchased courses remain accessible; however, we do not guarantee uninterrupted or error-free access at all times.
8.2 Access to a purchased course may be time-limited, as specified on the relevant course page at the time of purchase and further detailed in our Shipping and Delivery Policy.
8.3 We may suspend or terminate a Client's/User's access to the Platform for breach of the intellectual property or acceptable-use terms set out in clause 9, as further detailed in that clause.
9. Intellectual Property
9.1 All course content, materials, branding, and resources made available through the Platform remain the intellectual property of [Business Name] (or its licensors) and are provided for the personal use of the enrolled User only.
9.2 Content must not be copied, reproduced, distributed, or shared without our prior written consent. Course access must not be used for any unlawful purpose, to infringe the rights of any third party, or in a manner that circumvents or attempts to circumvent access, security, or copy-protection measures on the Platform ("acceptable use").
9.3 Without limiting any other right or remedy available to us, we may suspend or terminate a Client's/User's access to the Platform, in whole or in part, immediately and without refund, where we reasonably determine that the Client/User has breached clause 9.1 or 9.2.
9.4 Where reasonably practicable, we will provide the Client/User with notice of the alleged breach and an opportunity to respond before suspending or terminating access, except where we reasonably consider immediate action is necessary to prevent ongoing harm, infringement, or unlawful conduct.
9.5 Suspension or termination under this clause does not affect any other rights or remedies available to us, or any right you may separately have under the Australian Consumer Law.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, our liability for any loss or damage arising from your use of the Platform or a purchased course is limited to, at our option, the resupply of the service or the cost of resupplying the service.
10.2 This clause does not apply to the extent it would be inconsistent with the Australian Consumer Law or any other law that cannot be excluded.
11. Force Majeure
11.1 We will not be liable for any delay or failure to perform our obligations under these Terms (including in granting or maintaining course access) to the extent that delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, internet or telecommunications outages, cyberattacks, power failures, industrial action, government action, or failure of a third-party hosting, payment, or software provider.
11.2 If a force majeure event continues for an extended period, we will use reasonable endeavours to notify affected Clients/Users and, where appropriate, provide alternative access arrangements. This clause does not limit any right you may separately have under the Australian Consumer Law.
12. Severability
12.1 If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms, and the remaining provisions will continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.
13. Entire Agreement
13.1 These Terms, together with our Shipping and Delivery Policy, Return and Refund Policy, Legal Notice, and Privacy Policy, constitute the entire agreement between you and [Business Name] regarding your use of the Platform and any course purchase, and supersede all prior representations, understandings, or agreements, whether written or oral, relating to that subject matter.
13.2 If there is an inconsistency between these Terms and our Privacy Policy specifically in relation to the collection, use, or disclosure of your personal information, our Privacy Policy controls to that extent.
13.3 Nothing in this clause excludes liability for any pre-contractual misrepresentation that cannot be lawfully excluded, including under the Australian Consumer Law.
14. Assignment of this Agreement
14.1 You may not transfer, assign, or novate any of your rights or obligations under these Terms to any other person without our prior written consent. This clause does not restrict a Client's ability to assign course access allocations to individual users in accordance with clause 5.
14.2 We may assign, transfer, or novate our rights and obligations under these Terms (for example, in connection with a sale, merger, restructure, or transfer of all or part of our business) by providing reasonable notice to affected Clients/Users. Any such assignment will not reduce your rights under these Terms or under the Australian Consumer Law.
15. Privacy
We collect and handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at https://first5minutes.com.au/privacy-policy/.
16. Changes to These Terms
We may update or amend these Terms from time to time. The current version will always be available at https://first5minutes.com.au/terms-conditions/. Continued use of the Platform following any update constitutes acceptance of the revised Terms.
17. Governing Law
These Terms are governed by the laws of of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State/Territory.
18. Contact Us
For questions regarding these Terms, please contact: First 5 Minutes Pty Ltd at f5mcorporatereception@first5minutes.com.au or 1300 321 120.
Full Terms and Conditions available at: https://first5minutes.com.au