Terms of Service
Forever Linked Academy — Terms of Service
Version: 1.0 (draft for legal review)
Effective date: [Insert publication date — set on lawyer sign-off]
Last updated: 16 May 2026
Status: DRAFT — not legally binding until reviewed by Australian commercial counsel and published at foreverlinkedacademy.com/terms
About this draft. This is a developer-grade first draft prepared to give your commercial lawyer a substantive document to review and refine. Its structure is built around FLA's actual operating model — a multi-tier subscription that gates a paid certification with a public register and an enforced Code of Conduct — and not a generic SaaS template. Square-bracket placeholders mark items requiring confirmation. The document has been designed to comply with the Australian Consumer Law as amended on 28 March 2026 (doubled penalties), the forthcoming Unfair Trading Practices ban (expected July 2027), and the certification-specific procedural-fairness expectations identified in the legal review of the FLA Certification Framework v2.1.
1. Agreement
These Terms of Service form a binding contract between you and Oskr Pty Ltd (ABN 77 667 176 516) of Level 1/11 Halifax Street, Adelaide SA 5000, Australia, trading as Forever Linked Permanent Jewellery. In these Terms, "FLA", "we", "us", and "our" mean Oskr Pty Ltd trading as Forever Linked Permanent Jewellery. "You" and "your" mean the individual person who creates an FLA account.
You agree to these Terms when you create an account, when you click an "I agree" button, or when you continue to use FLA after these Terms are updated.
If you do not agree, do not create an account.
These Terms incorporate by reference our Privacy Policy (at foreverlinkedacademy.com/privacy-policy) and our Code of Conduct (at foreverlinkedacademy.com/code-of-conduct). Together, these three documents are the complete agreement between you and FLA.
2. About FLA
FLA is an online training and certification platform for permanent jewellery artists. We provide:
- structured course content delivered by video and written modules
- category quizzes that gate progression to certification
- a practical assessment process at the Practitioner and Master tiers
- three-tier industry certifications (Foundation, Practitioner, Master)
- a public verification register that lets clients, salons, and insurers confirm an artist's status
- a community for certified artists to learn, share, and refer
- ongoing renewals, refreshers, and concern-handling under our Code of Conduct
FLA's certification is an industry credential, not a government-accredited qualification. See §17 for the disclaimer in full.
3. Eligibility
To use FLA you must:
- be 18 years of age or older
- be capable in your jurisdiction of forming a binding contract
- complete identity verification through our verification provider (Persona, with ConnectID for Australian users) before any certification can be issued to you
- if you intend to earn the Practitioner or Master certification, hold or be eligible to hold an Australian Business Number (ABN) or the equivalent business registration in your jurisdiction
- if you intend to earn the Practitioner or Master certification, hold and maintain current public liability insurance
- not be currently subject to a revocation or active ban under our Code of Conduct or the equivalent of any other industry credential where the conduct concerned would also breach our Code of Conduct
- not be located in, or ordinarily resident in, a jurisdiction subject to comprehensive sanctions under Australian, US, EU, or UK law
We may refuse, suspend, or terminate any account that does not meet these requirements at any time.
4. Your account
You must register with accurate information and you must keep that information current. You are responsible for:
- everything that happens through your account, including everything any person you have given access to does
- the security of your password and any other authentication credentials
- enabling multi-factor authentication if your tier requires it (Practitioner and Master tiers and all reviewer accounts require MFA)
- notifying us immediately at security@foreverlinkedacademy.com if you suspect your account has been accessed without your authorisation
You may not create more than one personal account, and you may not transfer, sell, share, or assign your account to anyone else.
5. Subscriptions
FLA is provided by paid subscription. The subscription tiers available at general signup — Spark, Flame, Blaze, and Inferno — together with their prices, inclusions, and any associated wholesale discount, are listed at foreverlinkedacademy.com/pricing. Prices are inclusive of any goods and services tax (GST) or value-added tax (VAT) that we are required to collect from you, except where stated otherwise.
A separate Franchise tier is offered by individual arrangement and is not generally available through self-service signup. If you have signed a Franchise Agreement with us, that agreement governs your Franchise tier subscription and prevails over any inconsistent term in these Terms in respect of that tier.
5.1 Subscription term, auto-renewal, and no minimum term
Subscriptions are paid in advance for the billing period you have selected (monthly or annual). There is no minimum term unless we have separately agreed one with you in writing at the point of sale.
Your subscription automatically renews at the end of each billing period for a further period of the same length, unless you cancel before the renewal date. The auto-renewal is disclosed at checkout and you are asked to affirmatively acknowledge it (a separate ticked box) before payment is taken. The renewal price is the price published for your tier at the time of renewal. We may change the renewal price by giving you at least 30 days' written notice before the renewal takes effect; you may cancel before the new price applies.
Annual subscriptions are paid in advance for 12 months at a discount to the monthly equivalent. The annual subscription locks in the price you paid for the duration of the 12-month period — it does not lock you into 12 months of access. You can cancel an annual subscription at any time; your access continues until the end of the 12-month period you have prepaid, and the auto-renewal will not occur. We do not provide pro-rata refunds for the unused portion of a prepaid annual subscription, subject to §5.4 (statutory rights, charge in error, and discretion).
5.2 Pre-charge notifications and receipts
Before each automatic renewal, we will email you:
- 30 days before the renewal date — a notice that confirms your tier, price, and the date you will be charged, and includes a one-click link to manage or cancel your subscription
- 7 days before the renewal date — a reminder
Your in-app billing dashboard also shows the date and amount of the next charge from at least 14 days before the renewal date.
You will also receive a receipt by email for every successful charge.
5.3 Cancellation — self-serve
You can cancel your subscription at any time, with no fee. To cancel, click "Cancel subscription" in your billing dashboard at foreverlinkedacademy.com/dashboard/billing. Cancellation:
- takes effect immediately, stopping any future auto-renewal
- preserves your access to the platform and any active certification benefits until the end of the billing period you have already paid for
- triggers a confirmation email summarising what is cancelled and what (if anything) continues
- does not require you to call us, contact support, complete a retention flow, or send a written request
Self-service cancellation is the authoritative way to cancel. If, exceptionally, the in-app cancellation surface is unavailable to you (for example, because of an account access issue), you may email support@foreverlinkedacademy.com and we will action the cancellation within one business day of receipt. We will not charge any subscription fee that falls due after we receive your cancellation request, however delivered.
5.4 Refunds and chargebacks
By default, subscription fees are not refundable for change of mind, lack of use, or any belief that FLA was not the right fit for you, once the billing period to which the fee relates has begun. This applies equally to monthly and annual subscriptions.
This default applies subject to the following:
- Statutory consumer rights are not affected. Nothing in these Terms or in any FLA refund policy excludes, restricts, or modifies any rights you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the Consumer Rights Act 2015 (United Kingdom), or any other consumer protection laws that apply to you in your jurisdiction. We acknowledge that the services we supply to you must be rendered with due care and skill, be reasonably fit for any purpose you have made known to us, and match the description we have given them. Where a statutory consumer right applies and is not met, the statutory remedies — including, where applicable, refund, repeat performance, or termination — apply.
- Charge in error. If we have charged you in error — including by failing to act on a cancellation request you sent — we will refund the amount charged in error to your original payment method as soon as practicable.
- Discretionary refunds. We may, at our sole discretion, offer a refund in circumstances that do not require one under statute. Doing so on one occasion does not create any obligation to do so on another occasion.
- Chargebacks. If you believe a charge is incorrect, please contact support@foreverlinkedacademy.com before initiating a chargeback with your card issuer or bank, and give us a reasonable opportunity to investigate and, if appropriate, refund the charge. A chargeback initiated without us having had that opportunity may result in your account being suspended until the dispute is resolved with the card issuer.
A standalone Refund Policy, consistent with this §5.4, is also published at foreverlinkedacademy.com/refund for ease of reference.
5.5 United Kingdom — cancellation waiver for digital content
If you are a consumer in the United Kingdom, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "CCRs") give you a 14-day cancellation right when you buy digital content online.
Because FLA is digital content that you can use immediately upon subscription, we will ask you, at checkout, to either:
- waive your 14-day cancellation right so that you can access FLA content immediately, by ticking a box that reads: "I want immediate access to FLA content and acknowledge that this waives my 14-day cancellation right under the Consumer Contracts Regulations 2013."; or
- decline the waiver, in which case your access to paid content will be deferred until the 14-day cancellation period has expired, after which your access will begin automatically.
If you waive the cancellation right and you later wish to end your subscription within 14 days, the refund position in §5.4 applies (no refund for change of mind, subject to statutory consumer rights). Your statutory consumer rights under the Consumer Rights Act 2015 are not affected by the waiver.
5.6 Changes to subscription terms
We may change subscription tiers, inclusions, and prices from time to time. We will give you at least 30 days' written notice of any change that adversely affects you, and you may cancel before the change takes effect.
We will not auto-upgrade your subscription to a higher tier on the basis of usage, behaviour, or any other factor. Any tier upgrade requires your express, informed consent through a clear flow that discloses the new price.
6. Certification program
Subscription tiers vs. certification tiers. FLA's subscription tiers (Spark, Flame, Blaze, Inferno) gate your access to the platform — training modules, the AI assistant, the community, the content library, and any wholesale discount — and they fund the gated certification path. The certification tiers (Foundation, Practitioner, Master) are a separate credential earned through assessment, as set out in this §6. An active subscription is required to start or continue any certification process, but holding a subscription does not by itself confer any certification, and ending your subscription does not by itself end a certification you have already been issued (see §6.5 and §16).
FLA operates three certification tiers, each with eligibility, fees, validity, and renewal requirements.
6.1 Tiers
Foundation — Certified Permanent Jewellery Artist
- Open to any active subscriber
- Included with subscription (no separate fee)
- Issued when you have completed 100% of the gated modules, passed all category quizzes at the required threshold, signed our Code of Conduct, and completed identity verification
- Valid for 12 months, with an annual renewal
Practitioner — Certified Permanent Jewellery Practitioner
- Open to current Foundation certificate holders
- Assessment fee: A$299, paid at submission
- Issued when you have submitted and passed the Practical Assessment Pack, uploaded a valid public liability insurance certificate, and provided your ABN
- Valid for 12 months, with an annual renewal
Master — Master Permanent Jewellery Artist
- Open to Practitioner-tier holders who have held that tier for at least 12 months
- Assessment fee: A$599, paid at submission
- Issued when you have completed 100 paid client appointments (self-attested with sample evidence), submitted a portfolio of 20 finished pieces with client consent, logged 10 mentorship hours in the FLA community, and passed a 45-minute live video review with a senior FLA reviewer
- Available only to applicants with no active or past Code of Conduct findings
- Valid for 24 months, with a biannual renewal
The current detailed eligibility, assessment rubric, and submission requirements for each tier are published at foreverlinkedacademy.com/certification and may be updated from time to time on at least 14 days' notice.
6.2 Fees and resubmissions
Assessment fees are charged at submission. If your assessment is returned with a "fail" outcome, you may resubmit:
- once at no additional charge, within 30 days of the outcome
- subsequently for a resubmission fee of A$99 per attempt
Conditional pass outcomes do not attract an additional fee, provided you remedy the conditions within 90 days. After 90 days the assessment expires and a new submission (with full fee) is required.
6.3 Renewal
Renewal fees and requirements are:
- Foundation: A$49 (free if you are an active subscriber); refresher module + Code of Conduct re-sign + insurance proof
- Practitioner: A$99; Foundation requirements + one case study + insurance
- Master: A$199; Practitioner requirements + 5 mentorship hours logged
If you do not renew within 30 days of expiry, your certification lapses and your public verification page is updated to "Lapsed". You can reinstate within six months by completing renewal; after six months, you must resubmit and pass the relevant assessment from the Practitioner or Master tier.
6.4 Issuance and verification
When you are issued a certification, we generate:
- a unique certificate identifier in the form
FLA-[TIER]-[YEAR]-[6-DIGIT] - a PDF certificate
- a digital badge in PNG and SVG formats
- a public verification page at
foreverlinkedacademy.com/verify/[certificate-id]
Your certificate is the property of FLA. We grant you a non-exclusive, non-transferable, revocable licence to display the digital badge and to represent yourself as holding the corresponding tier of FLA certification. The licence ends when your certification ends.
6.5 The public register and your consent
By accepting a certification, you consent to the publication of your certification status on the public verification register, with the display options you have chosen as set out in our Privacy Policy. You can change those display options at any time. You cannot fully remove the verification page while your certification is active — that page is the credential.
7. Code of Conduct
Your certification is conditional on your continuing agreement to and observance of the FLA Code of Conduct.
The Code is published at foreverlinkedacademy.com/code-of-conduct and covers your safety practice, your client welfare obligations, your honest representation of the credential, and your conduct toward other FLA-certified artists. You acknowledge and agree that:
- you have read, understood, and agreed to the current version of the Code at the time of certification
- you will re-sign the Code at each renewal
- you will comply with the Code while you hold any FLA certification
- you will complete the annual refresher requirement
- you will not represent yourself as holding a higher tier than the one you currently hold
- you will not represent FLA certification as government-accredited or as a qualification under the Australian Qualifications Framework
If a concern is raised under the Code about you, the procedure in §11 applies.
8. Practical assessment submissions
When you submit material for assessment (videos, photographs, written submissions, supporting documents) you grant FLA the rights it needs to operate the assessment process and the credential, and we owe you the obligations described below.
8.1 Licence to FLA
You grant FLA a worldwide, non-exclusive, royalty-free licence to:
- store your submission on our infrastructure
- transmit it to assigned reviewers under watermarked, time-limited access
- use it in anonymised form for FLA's internal training, calibration, and quality assurance of reviewers
- retain it for the period set out in our Privacy Policy
This licence is granted only for the purposes set out above. We will not use your submission for marketing, advertising, public display, or any other purpose without your separate express written consent.
8.2 Consent of others
If your submission contains identifiable images of any other person (for example, a model wearing the welded piece), you must have obtained that person's express written consent to the recording and to the disclosure of the recording to FLA for assessment purposes. You agree to indemnify FLA against any claim brought by such a person to the extent the claim arises from your failure to obtain that consent.
8.3 Authenticity
You warrant that your submission is your own work, recorded in a single take where the assessment requires a single take, and not generated, augmented, or substituted by artificial intelligence or any other person. We use a combination of automated and human checks to detect inauthentic submissions. A submission found to be inauthentic will be rejected, and may also be a Code of Conduct breach (see §11).
8.4 Reviewer access
Reviewers are bound by written confidentiality and privacy obligations and complete training before being granted access. Their access to your submission is time-limited and watermarked, and every access is logged in our audit log.
9. Identity verification
You must complete identity verification through our verification provider before any certification is issued to you. We never store your identity documents — Persona stores them under Persona's own privacy notice, and we receive only an outcome. See §5 of our Privacy Policy.
You agree that:
- you will provide accurate identity information
- you authorise our verification provider to confirm your identity to us
- you will re-verify your identity if we reasonably request it (for example, if your name changes, if a finding under the Code of Conduct turns on your identity, or if our retention period expires)
If your identity verification fails, you cannot earn or hold an FLA certification. We will refund any assessment fee you have paid for an assessment that has not yet been reviewed.
10. Insurance
To be eligible for a Practitioner or Master certification, and to maintain it through renewal, you must hold current public liability insurance covering your permanent jewellery practice. You must:
- upload a current insurance certificate at submission and at every renewal
- ensure the certificate clearly shows the insurer, policy number, coverage amount, and validity dates
- maintain the policy without lapse while you hold the certification
If your insurance lapses, your certification will be suspended automatically until you upload a current certificate. Suspension is published on your verification page. Reinstating from suspension does not require resubmission of an assessment, only proof of current insurance and an attestation that no claims arose during the lapse.
We may verify your insurance directly with the insurer. By uploading an insurance certificate, you consent to that verification.
11. Concerns and the certification consequence procedure
This section describes how concerns about a certified artist's compliance with the Code of Conduct are handled. It is designed to give you procedural fairness — notice, an opportunity to respond, and an internal appeal — before any public consequence applies to you.
11.1 How a concern is raised
Anyone — a client, another certified artist, a salon partner, a member of the public — may raise a concern at foreverlinkedacademy.com/report-breach. Reporters may identify themselves or remain anonymous. We do not act on anonymous concerns alone unless the concern is supported by independent evidence we can verify.
11.2 Initial assessment
We assess each concern to determine:
- whether, taken at its highest, it would constitute a breach of the Code of Conduct
- whether it is supported by sufficient evidence to investigate
- the apparent severity (Minor, Moderate, or Severe as defined in the Code)
We may dismiss a concern at this stage if it would not constitute a breach or is unsupported by evidence. We notify the reporter of the outcome.
11.3 Notice to you
If a concern proceeds beyond initial assessment, we will give you written notice that:
- describes the concern in sufficient detail for you to respond
- identifies the reporter (or, if the reporter has elected to remain identified to FLA but anonymous to you, describes the source of the concern in general terms)
- attaches or summarises the evidence relied on
- tells you the apparent severity and the consequences that may apply
- gives you at least 14 days to respond in writing
11.4 Your response
You may respond by:
- accepting the concern and proposing remediation
- contesting the concern on the merits
- providing additional context, evidence, or witness statements
You may, at your own cost, be assisted by a lawyer, advocate, or support person. We will not communicate with that person directly without your written authorisation.
11.5 Decision
A senior FLA reviewer who has not been involved in the matter to date will consider the concern, the evidence, and your response, and make a decision in writing. The decision will:
- find the concern proven, partly proven, or not proven
- identify the consequence (if any) — written warning and remediation; suspension pending remediation; or revocation
- explain the reasons
We aim to issue a decision within 30 days of receiving your response.
11.6 Internal appeal
You may appeal a decision within 14 days of receiving it. The appeal will be considered by a senior FLA reviewer (or, where the original decision-maker was the most senior reviewer available, by an external adjudicator we engage at our cost). The appeal decision is final and is issued within 30 days.
11.7 Public consequences
A public consequence — a "Suspended" or "Revoked" status on your verification page, or removal from the searchable directory — applies only after the appeal period has expired or, if you appeal, after the appeal decision is final. Where the consequence is later overturned, we will correct your verification page and place a notice of correction on it for 30 days.
11.8 Severe and immediate harm
Where we have a reasonable belief that allowing a certification to remain active during the procedure described above would expose clients or others to a serious risk of harm, we may apply a temporary suspension during the procedure. We will tell you immediately, give you the opportunity to respond on shortened timeframes, and lift the suspension if the concern is not proven.
11.9 Record
We maintain a record of every concern, its handling, and its outcome in accordance with our Privacy Policy.
12. Acceptable use
You agree not to:
- represent yourself as holding a tier of FLA certification you do not hold
- use the FLA name, logo, badges, or certification language in any way that implies government accreditation or AQF recognition
- copy, share, redistribute, or publish any FLA course material, assessment prompt, quiz question, or rubric outside the platform
- attempt to circumvent the gating logic, video heartbeat, quiz cooldowns, or assessment integrity controls
- attempt to gain unauthorised access to any FLA system, account, or data
- reverse engineer, decompile, or attempt to extract the source code of the platform except to the extent permitted by mandatory law
- scrape or bulk-extract data from the public verification register or directory
- use FLA to send unsolicited commercial messages or to harass any other user
- upload material that is unlawful, defamatory, harassing, or that infringes another person's intellectual property or privacy
- impersonate any other person, including any FLA-certified artist or FLA staff member
13. Intellectual property
13.1 Our content
The platform and all content we provide — videos, modules, quiz questions, rubrics, certificate templates, badges, written guides, the public register design, and the FLA name and logo — is owned by FLA or our licensors and is protected by copyright, trade mark, and other intellectual property laws.
We grant you, while your subscription is active, a personal, non-exclusive, non-transferable, revocable licence to access and use that content for the purpose of your own study and certification with FLA. The licence ends when your subscription ends, except for any digital badge licence under §6.4, which ends when your certification ends.
You may not download, copy, share, or distribute our content outside the platform except where the platform expressly enables you to do so (for example, downloading your own certificate or your own module notes).
13.2 Your submissions
You retain ownership of any content you submit. You grant us the licence described in §8.1 for assessment purposes.
13.3 Feedback
If you give us suggestions, ideas, or other feedback about FLA, you grant us a perpetual, worldwide, royalty-free licence to use that feedback without obligation to you.
13.4 Third-party trade marks
References to third-party products, services, and trade marks (Persona, ConnectID, Stripe, Vercel, and others) are the property of their respective owners.
14. Privacy
How we collect, use, and disclose your personal information is described in our Privacy Policy. By using FLA, you agree to that Privacy Policy.
15. Service availability
We aim to make FLA available 24 hours a day, 7 days a week, but we do not promise uninterrupted availability. From time to time, we will need to take the platform down for maintenance, security updates, or to respond to incidents. Where we can, we will tell you in advance.
If a major incident causes you to lose meaningful access to a paid service for an extended period, you may be entitled to a remedy under §18 (Consumer guarantees) or under our Service Level commitments where they apply.
16. Suspension and termination
16.1 By you
You can cancel your subscription at any time as described in §5.3. You can request deletion of your account at any time as described in our Privacy Policy. Cancellation does not, by itself, end any active certification — your certification continues until it expires unless it is revoked under the Code of Conduct or surrendered by you.
16.2 By us — for cause
We may suspend or terminate your account, your subscription, or your certification (or any combination of them) if:
- you breach these Terms or the Code of Conduct
- a payment fails and is not remedied within 14 days of our notice
- you provide materially inaccurate identity information
- you use FLA in a way that creates risk to other users, to FLA, or to third parties
- a finding under §11 supports termination
- we are required to do so by law
For matters within the scope of the Code of Conduct, the procedure in §11 applies.
16.3 By us — for convenience
We may also discontinue FLA in whole or in part, or terminate any account, on at least 60 days' written notice. If we do so, we will refund any prepaid subscription fee for the period after termination, and we will keep the public verification register operational long enough to give you a reasonable transition.
16.4 Effect of termination
When your account ends, we will retain your information only as set out in our Privacy Policy. Provisions that by their nature should survive termination — including §11 (concerns), §13 (intellectual property), §17 (disclaimers), §19 (limitation of liability), §20 (indemnity), §22 (governing law and dispute resolution), and §23 (general) — survive.
17. Disclaimers
17.1 Non-accredited credential
FLA certification is a non-accredited industry credential. It is not a nationally recognised qualification under the Australian Qualifications Framework, and it is not regulated by the Australian Skills Quality Authority. It is not a licence to practice. You remain responsible for:
- holding any business registration, licence, permit, or insurance required by the laws of the place you operate
- complying with all applicable health, safety, consumer protection, anti-discrimination, anti-money-laundering, and tax laws
- representing your training, experience, and credentials accurately
17.2 Your professional practice
FLA is a training and certification provider, not your employer, agent, or partner. We are not responsible for your professional practice, the welds you perform, the contracts you enter into with your clients, or the outcomes for those clients. You are an independent business and are wholly responsible for your own work.
17.3 Information for general guidance
Course content, assessment feedback, and community discussions are intended as general guidance based on industry experience. They are not professional, legal, medical, financial, or business advice. You should obtain advice from a qualified professional before relying on any of them in a specific situation.
17.4 Third-party services
Where the platform integrates with third-party services (Persona, ConnectID, Stripe, and others), those services are governed by their own terms and policies. We are not responsible for the acts, omissions, or content of any third party. We will tell you who our key third-party providers are in our Privacy Policy.
18. Australian Consumer Law and other consumer guarantees
18.1 Consumer guarantees
Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted, or modified by agreement. To the extent these Terms purport to do so, that part of these Terms has no effect.
18.2 What we promise
The services we provide are services to which Consumer Guarantees under the Australian Consumer Law apply. We will:
- provide our services with due care and skill
- ensure our services are reasonably fit for the purpose for which they are commonly supplied
- supply our services within a reasonable time
If we fail to meet a Consumer Guarantee, you are entitled to a remedy. Where the failure is a "major failure" (as defined in the Australian Consumer Law), you are entitled to a refund or to terminate the contract; for failures that are not major, we are entitled to remedy the failure within a reasonable time, and if we do not, you may obtain that remedy elsewhere and recover the reasonable cost from us.
18.3 How to make a Consumer Guarantee claim
To make a claim, contact support@foreverlinkedacademy.com with a description of the failure. We aim to respond within five business days and to resolve verified claims within 30 days. If we cannot resolve a claim, you may also lodge a complaint with the Australian Competition and Consumer Commission or your state or territory consumer protection agency.
18.4 Consumers in other jurisdictions
If you are a consumer in another jurisdiction (including the European Union, the United Kingdom, New Zealand, or California), you may have additional rights that cannot be excluded by these Terms. Those rights apply to you in addition to anything in these Terms.
19. Limitation of liability
This section applies subject to §18.
To the fullest extent permitted by law:
- we are liable to you only for losses that are direct, foreseeable, and caused by our breach of these Terms or our negligence
- we are not liable for any loss of profit, loss of business opportunity, loss of goodwill, loss of data, loss arising from a third party's act or omission, or any other indirect, special, or consequential loss
- our total liability to you for all claims arising in connection with these Terms in any 12-month period is limited to the amount you have paid to FLA in that 12-month period
Where the Australian Consumer Law or another mandatory law provides a different limit, the limit under that law applies in priority to this section.
20. Indemnity
You agree to indemnify FLA against any loss, damage, claim, demand, action, fine, penalty, or cost (including reasonable legal costs) that we suffer or incur arising out of or in connection with:
- your breach of these Terms or the Code of Conduct
- your professional practice as a permanent jewellery artist, including any claim brought by a client of yours
- your representation of your FLA certification (in particular, any representation that overstates the tier you hold or implies government accreditation)
- your failure to obtain consent from any person depicted in your assessment submissions
- your breach of any law applicable to your business
This indemnity does not apply to the extent the loss was caused by FLA's own breach of these Terms or its own negligence.
21. Modifications to these Terms
We may update these Terms from time to time. When we make a material change, we will:
- post the updated Terms at
foreverlinkedacademy.com/termswith a new "Last updated" date - email you at least 30 days before the change takes effect
- ask you to re-acknowledge the Terms at next login where the change requires fresh agreement
If you do not agree to a change, your remedy is to cancel your subscription before the change takes effect. We will not enforce the change against you in respect of any subscription period you have already paid for.
A change is "material" if it adversely affects your rights, your subscription price, your access to a service, or your obligations. Other changes (typographical, structural, or to add detail) take effect on publication.
22. Governing law and dispute resolution
22.1 Governing law
These Terms are governed by the laws of South Australia and the Commonwealth of Australia.
22.2 Jurisdiction
Subject to §22.3, the courts of South Australia have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
22.3 Mandatory consumer rights
If you are a consumer in another jurisdiction whose mandatory consumer law gives you the right to bring a claim in your local courts, this section does not deprive you of that right.
22.4 Mediation first
Before commencing court proceedings (other than for urgent injunctive relief), the parties will attempt to resolve any dispute by good-faith negotiation, and then by mediation administered by the Resolution Institute in Adelaide, South Australia, in accordance with its mediation rules. The cost of mediation is shared equally unless the mediator orders otherwise.
22.5 Class action waiver
To the extent permitted by law, you and FLA agree that any dispute will be resolved on an individual basis, and not as a representative or class proceeding. This waiver does not apply where it is unenforceable under your local law.
23. General
23.1 Entire agreement
These Terms, the Privacy Policy, and the Code of Conduct, together with any additional terms you have agreed to in writing for a specific service, are the entire agreement between you and FLA. They replace any prior agreement on the same subject matter.
23.2 Severability
If any provision of these Terms is held to be unenforceable, the rest of the Terms continue in force. The unenforceable provision is read down to the minimum extent necessary to make it enforceable.
23.3 No waiver
A failure or delay by FLA in enforcing any right under these Terms is not a waiver of that right.
23.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights to a successor entity in the context of a corporate transaction, on the privacy commitments described in our Privacy Policy.
23.5 No agency
Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and FLA.
23.6 Force majeure
Neither party is liable for a failure to perform caused by events beyond its reasonable control, including acts of God, governmental action, war, terrorism, civil unrest, pandemic, network or utility outages outside our infrastructure, and major supplier failures. The affected party will use reasonable efforts to resume performance.
23.7 Notices
We will give you notices by email to the address registered on your account, by in-app notice, or by posting them to the platform. You will give us notices by email to support@foreverlinkedacademy.com or, where these Terms specify a different address, to that address. Notices take effect on receipt.
23.8 Language
These Terms are agreed in English. Any translated version is provided for convenience only; the English version prevails in the event of inconsistency.
24. Contact
For questions about these Terms or any matter relating to your use of FLA:
Oskr Pty Ltd trading as Forever Linked Permanent Jewellery (ABN 77 667 176 516) Email: support@foreverlinkedacademy.com Security disclosures: security@foreverlinkedacademy.com Postal: Level 1/11 Halifax Street, Adelaide SA 5000, Australia
25. Definitions
| Term | Meaning |
|---|---|
| ACL | Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) |
| AQF | Australian Qualifications Framework |
| Assessment fee | The non-refundable fee payable on submission of a Practitioner or Master assessment, as set out in §6.1 |
| Code of Conduct | The Code of Conduct published at foreverlinkedacademy.com/code-of-conduct, as updated from time to time |
| Consumer Guarantee | A statutory guarantee under Part 3-2 of the Australian Consumer Law |
| Foundation, Practitioner, Master | The three certification tiers offered by FLA, described in §6 |
| FLA, we, us, our | Oskr Pty Ltd (ABN 77 667 176 516) trading as Forever Linked Permanent Jewellery |
| Privacy Policy | The Privacy Policy published at foreverlinkedacademy.com/privacy-policy, as updated from time to time |
| Public register | The public verification page and searchable directory described in §6.5 |
| Resolution Institute | The mediation service identified at resolution.institute |
| Subscriber | A person who holds an active paid subscription to FLA |
| Subscription | The recurring paid access to FLA's tiers and services described in §5 |
| Verification provider | The third-party identity verification provider engaged by FLA from time to time, currently Persona Identities, Inc. (with ConnectID for Australian users) |
Document control
- Drafted: 10 May 2026
- Drafted by: Reuben Schultz with the assistance of an AI drafting tool
- Status: First draft for review by Australian commercial counsel
- Estimated review effort: 6–10 hours
- Items requiring confirmation before publication: UK Article 27 representative appointment (before any UK customer is accepted; see Privacy Policy §16.2), final pricing as published at the date of effectiveness, final URLs for the policy artefacts (
/privacy,/terms,/refund,/cookies,/acceptable-use,/code-of-conduct), Resolution Institute as the mediation provider (or alternative), specific class-action-waiver enforceability advice