1. Definitions
1.1. “CCA” means Competition and Consumer Act 2010.
1.2. “Client” means the person that signs this Agreement which incorporates these Terms and Conditions (Agreement) being the person entering into the arrangements detailed in these Terms and Conditions and extends to their administrators, executors, heirs and permitted transferees.
1.3. “Costs” means the costs to be paid by the Client to the Provider in respect of the Seminar as detailed in the Financial Details document.
1.4. “Covering Particulars” means the particulars detailed on the cover page to these Terms and Conditions and detailing those particulars stated on the Cover Page, including the personal particulars of the Client.
1.5. “Financial Details” means the credit card details provided on the face of this document.
1.6. “Payment Plan” means those payment options in respect of the Costs for the Seminar as detailed in this document.
1.7. “Provider” means Carbeh Pty Ltd (ACN 114 602 747) C/- Horizon Accountants & Advisory, Level 1, 35 Cedric St, Stirling in the State of Western Australia 6021, its successors and assigns or any other person acting on behalf of or with the authority of the Provider.
1.8. “Online Seminar” means the Session listed on the face of this Agreement to be arranged and conducted by the Provider, for the benefit of the Client, such Seminar to be known as “Flip the Script”
2. Acceptance
2.1. The Client is taken to have exclusively accepted and is immediately bound by these Terms and Conditions when the Client signs this Agreement.
2.2. These Terms and Conditions may only be amended with the Provider’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Provider.
2.3. Prior to the Client’s participation in the Online Seminar, the Client agrees that he/she must have completed an Online Quiz. The Online Quiz must be completed 7 days prior to the Online Seminar start date.
2.4. Before the Client may attend the Online Seminar, this Agreement, incorporating these Terms and Conditions must first be completed and signed by the Client and given to the Provider, either by hand delivery, email or such other method as reasonably required by the Provider.
3. Transfer of Entitlement
3.1. The Client may request, in writing, to the Provider, a transfer of his/her attendance at the Online Seminar from the date agreed to, to another date, provided the Client gives to the Provider at least fourteen (14) days’ prior notice in writing from the date that the Online Seminar is due to take place, in which event, if the Provider agrees to such transfer, the Provider will notify the Client in writing of acceptance of such request. In this event, there shall be no additional fee payable by the Client in relation to his/her attendance at the Online Seminar on the later date.
3.2. If the Client does not attend the Online Seminar for any reason whatsoever within a period of twelve (12) months from the date of this Agreement, then the Client shall forfeit their entitlement to attend the Online Seminar pursuant to these Terms and Conditions and, in this event, the Client agrees that he/she shall not be entitled to any refund of Costs.
3.3. Notwithstanding any other provision of this Agreement, the Client agrees that he/she will not be entitled to request the transfer to another date to attend the Seminar more than once (1) time within twelve (12) months from the date of this Agreement.
3.4. MJB reserves the right to postpone or transfer the event to another State, Date or online version to the same value as detailed on the face of this agreement, if unable to run the seminar due to unforeseen circumstances (ie. Covid-19)
4. Costs and Payment
4.1. The Costs of the Seminar are detailed on the face of this agreement, which details the options for the Client to effect payment of the Costs in accordance with the Payment Plan.
4.2. The Costs detailed in this Agreement shall be valid for a period of thirty (30) days from the date that the Client is given this Agreement and, if the Client does not sign this Agreement within that period, the Provider reserves its rights to change the Costs.
4.3. The Client acknowledges that he/she is obliged to make payment in full of the Costs until full payment of the Costs is completed.
4.4. To the full extent permissible by law, no payments made by the Client are refundable.
4.5. The Client shall remain personally liable to pay the Costs notwithstanding any consent of the Provider to the Client transferring the right to attend the Seminar to any other person.
4.6. Time for payment of the Costs (and each payment to be made pursuant to the Payment Plan), shall be of the essence and all payments to be made by the Client must be strictly in accordance with the Terms of this Agreement.
4.7. All payments must be made by EFTPOS or credit card
4.8. Costs are inclusive of GST.
5. Refund Policy
5.1. You have twenty-eight (28) days, from the day you pay your first payment to request a refund. To be eligible for a refund you must have completed an exit interview with one of the Providers Success Coaches to discuss the reason for your request.
5.2. The amount to be refunded will be all payments made less $395, the non-refundable deposit component.
5.3. All refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
6. Acknowledgements
6.1. The Client acknowledges that he/she has made their decision to enter into this Agreement based upon their own investigations and understanding of the Online Seminar and that he/she has not relied upon any inducement, warranty or representation from the Provider in determining to enter into this Agreement or to attend the Online Seminar.
6.2. The Client acknowledges that the Provider does not offer, purport to give and that the Online Seminar does not constitute any form of medicinal or psychological therapy.
6.3. The Client acknowledges and agrees that he/she shall have no claim nor demand upon the Provider in the event that the Client perceives that the Online Seminar is not in accordance with the Client’s expectations. In that regard, the Client acknowledges that he/she has had the opportunity to make full investigations and enquiries relating to the Online Seminar and to ask the Provider and its representatives all such questions relating to the Online Seminar and to request all such information from the Provider that he/she requires in determining to enter into this Agreement.
6.4. Under applicable State, Territory and Commonwealth Law (including without limitation the CCA), certain statutory implied guarantees and warranties (including without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).
6.5. The Provider acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees.
6.6. Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, the Provider makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Online Seminar. The Provider’s liability in respect of these warranties is limited to the fullest extent permitted by law.
6.7. If the Client is a consumer within the meaning of the CCA, the Provider’s liability is limited to the extent permitted by Section 64A of Schedule 2.
6.8. If the Provider is required to replace attendance at the Online Seminar under this Clause or the CCA but is unable to do so, the Provider may refund any money the Client has paid for the Online Seminar.
6.9. If the Client is not a consumer within the meaning of the CCA, the Provider’s liability is:
6.9.1. limited to the value of any express warranty provided to the Client by the Provider at the Provider’s sole discretion;
6.9.2. otherwise negated absolutely.
7. Default
7.1. If the Client owes the Provider any money (Debt), the Client shall indemnify the Provider from and against all costs and disbursements incurred by the Provider in recovering the Debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Provider’s collection agency costs and any bank dishonour fees).
7.2. Without prejudice to any other remedies the Provider may have, if at any time, the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions, the Provider may suspend or terminate the Client’s attendance at a Seminar and any other Services. In this event, the Provider will not be liable to the Client for any loss or damage the Client suffers because the Provider has exercised its rights under this Clause.
7.3. Without prejudice to the Provider’s other remedies at law, the Provider shall be entitled to cancel all or any part of the Client’s attendance at any Seminar or any other Service to be provided to the Client by the Provider, pursuant to these Terms and Conditions, and all amounts owing to the Provider shall, whether or not due for payment, become immediately payable if:
7.3.1.any money payable to the Provider becomes overdue, or in the Provider’s opinion, the Client will be unable to make a payment when it falls due;
7.3.2.the Client becomes insolvent, or enters into any scheme of arrangement with creditors, or makes an assignment for the benefit of its creditors; or
7.3.3.a trustee is appointed in respect of the Client’s estate or any asset of the Client.
8. Cancellation
8.1. The Provider may cancel any Online Seminar to which these Terms and Conditions apply at any time before holding such Online Seminar. On giving such notice, the Provider shall repay to the Client any money paid by the Client for that Seminar or Service. The Provider shall otherwise not be liable for any loss or damage whatsoever arising from such cancellation.
8.2. In the event that the Client (or his/her transferee) cancels, or fails to attend, his/her attendance at the Online Seminar provided by the Provider pursuant to this Agreement, the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Provider as a direct result of such cancellation (including, but not limited to, the Costs and any loss of profit).
9. Privacy Act 1988
9.1. The Client agrees that personal credit information provided may be used and retained by the Provider for the following purposes (and for other purposes as shall be agreed between the Client and Provider or required by law from time to time):
9.1.1. the provision of Services; and/or
9.1.2. the marketing of Services by the Provider and its agents; and/or analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services;
9.2. The Provider may give information about the Client to a credit reporting agency for the following purposes:
9.2.1. to obtain a consumer credit report about the Client;
9.2.2. allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
9.3. The information given to the credit reporting agency may include:
personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s license number); details concerning the Client’s application for credit or commercial credit and the amount requested; advice that the Provider is a current credit provider to the Client; advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed; information that, in the opinion of the Provider, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations); advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once; that credit provided to the Client by the Provider has been paid or otherwise discharged.
10. General
10.1. The failure by the Provider to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Provider’s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2. These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state of Western Australia, and are subject to the jurisdiction of the Courts in that State.
10.3. Subject as specifically stated otherwise in this Agreement, the Provider shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by the Provider of these Terms and Conditions (alternatively the Provider’s liability shall be limited to damages which under no circumstances shall exceed the Cost).
10.4. The Client shall not be entitled to set off against, or deduct from the Costs, any sums owed or claimed to be owed to the Client by the Provider nor to withhold payment of any payment due in respect of the Costs because any payment is in dispute.
10.5. The Provider may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
10.6. The Client agrees that the Provider may amend these Terms and Conditions at any time. If the Provider makes a change to these Terms and Conditions, then that change will take effect from the date on which the Provider notifies the Client of such change.
10.7. The Provider shall not be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of the Provider.
10.8. The Client acknowledges and agrees that the Provider has the exclusive right, title and interest in and to its intellectual property and the Client acknowledges that it does not have any rights in the Provider’s intellectual property. The Client must not use the Provider’s intellectual property without its prior written approval.
11. Service of Notice
11.1. A party to this Agreement may serve a Notice upon the other party to this Agreement by:
11.1.1. Personal service on the other party; or Pre-paid post to the other party at the address shown on the face of this Agreement for that party; or By sending it by email to the email address of the addressee shown on the face of this agreement.
11.1.2. Service is effected two (2) days after posting, if a Notice or Request is posted
