Terms and Conditions Creating Confidence Masterclass
PARTIES TO THIS AGREEMENT
- These Terms and Conditions ("Terms") govern your purchase of event tickets, workshop tickets, training & courses and consulting with Growth Consultancy Pty Ltd. t/as The Queen of Confidence (“The Queen of Confidence", “we”, “our”, “us” or similar), as well as any other services that we may offer.
- These Terms form a binding contractual agreement between you (“the Customer”, “you”, “your” or similar), and us (The Queen of Confidence ABN:87608899118), and must be read in conjunction with all other terms and conditions and policies that are provided by us from time to time.
- Our contact details are: firstname.lastname@example.org
- By agreeing to these Terms, you are entering into a legally binding contract.
- If you do not accept all the Terms and Conditions, you must not purchase anything from The Queen of Confidence, use or access any of our content or attend any event offered by us.
1.1 In this Agreement, the following definitions apply unless the context otherwise requires:
“The event" means the event that you purchase a ticket for through our Website.
"Venue" means the venue that the Event is held at, as indicated in your ticketing information.
"Interest Rate" means the cash rate set by the Reserve Bank of Australia from time to time, plus eight percent (8%), compounding daily.
"Website" means www.theequeenofconfidence.com
- Bookings and Payments
2.1 The price advertised on our Website at the time of purchase is the price for one (1) ticket to the Event. The inclusions related to your ticket purchase to the event are listed on the Website, and anything that is not specifically listed there is not included.
2.2 The ticket must be paid for in full at the time of purchase. If you have not paid in full as and when the last payment is due, we may, at our discretion, cancel your ticket and clause 4 will apply.
- Inclusions and Exclusions
3.1 You are responsible for arranging your own travel and accommodation required to attend the event, unless your ticket type lists any of these items as inclusions in the ticket description.
- Changes to Bookings, Cancellations and Termination
4.1 If we are required to make changes to the Event, we will advise you in writing as soon as possible.
4.3 If we make minor changes to the Event (such as, but not limited to, changes in the order of schedule or venue), you do not have any rights to a refund of your ticket cost.
4.4 If you attend the Event, but you are unable to participate fully due to reasons outside of our control, including but not limited to because of your medical issues or inclement weather, you acknowledge and agree that you are not entitled to any refund. Please note clause 4.7 below.
4.6 If we cancel your ticket, in circumstances where you are not in breach of these Terms and for reasons other than force majeure in accordance with clause 5, we will refund all amounts paid by you.
4.7 If you are unable to attend the event for any reason, you are able to transfer your ticket to another person.
- VIP Tickets - We must receive notification of the intended transfer via email to email@example.com and this must include your ticket purchase confirmation email, full name, address, date of birth and phone number of both You and the person you are transferring the ticket to.
- General admission Tickets - We must receive notification of the intended transfer via email to events firstname.lastname@example.org and this must include your ticket purchase confirmation email, full name, address and phone number of both the ticket holder (You) and the person you are transferring the ticket to. We must receive your request to transfer this ticket at least 21 days prior to the event commencement date. This is so that we are able to carry out any administration involved with this change prior to the event commencement. Note: We are unable to guarantee any dietary requests/catering changes made unless ticket is transferred at least 32 days prior to event due to strict venue policy.
4.8 If your ticket is cancelled:
(a) pursuant to clause 2.4 because you have not paid in full by the due date; or
(b) due to medical issues; or
(c) by you for any reason, except as expressly permitted by these Terms; or
(d) as a result of any other breach made by you of these Terms,
you acknowledge and agree that you are not entitled to any refund, as we have incurred the cost of bookings with third parties.
4.9 You further acknowledge and agree that if we suffer losses that exceed the amount that you have paid, then you are liable to compensate us for the difference. If you do not pay us reasonable compensation on demand, you agree that we may charge the Interest Rate on all outstanding amounts and take any legal action that we deem appropriate to recover the outstanding amounts.
- Force Majeure
5.1 A Party is not liable for failure to perform its obligations under this Agreement if such failure is solely the result of the occurrence of an event of force majeure, including but not limited to natural disasters (including but not limited to fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. Neither Party is entitled to terminate this Agreement in such circumstances, unless other termination rights have arisen under this Agreement.
5.2 If a Party asserts that an event of force majeure pursuant to clause 5.1 caused a failure to perform its obligations under this Agreement, that Party must prove that:
(a) it took all reasonable steps to minimise delay or damages caused by foreseeable events;
(b) it substantially fulfilled all non-excused obligations; and
(c) it notified the other Party of the likelihood or actual occurrence of the force majeure event in a timely manner.
7.1 You acknowledge and agree that you agree to our Release of Liability and Assumption of Risk Agreement, and that you will not be permitted to participate in the Event unless this occurs.
7.2 To the full extent permitted by law, we exclude all liability in respect of any direct, consequential or incidental damages. Unless otherwise excluded by law, you agree to indemnify us, and keep us indemnified from and against all claims, demands, actions, damages, costs, losses and expenses of any nature whatsoever which may be incurred directly or indirectly by us by reason of or in relation to Growth Consultancy Pty ltd t/as The Queen of Confidence, including but not limited to claims arising out of or in connection with the following:
(a) any accident, damage or injury to property at, or in connection with Growth Consultancy Pty ltd t/as The Queen of Confidence.;
(b) any loss of property occurring at an Growth Consultancy Pty ltd t/as The Queen of Confidence, event;
(c) any accident, damage, injury or death suffered by any person, or any accident, damage or loss to the property of any person, at or in connection with Growth Consultancy Pty ltd t/as The Queen of Confidence;
(d) any insurance policy being rendered void or voidable, or being subject to an increase in premium;
(e) the exercise by us of any of our rights under these Terms, or any associated terms and conditions or policies;
(f) any negligent act or omission by any other participant in an Growth Consultancy Pty ltd t/as The Queen of Confidence, that causes any accident, loss, damage, injury or death to you or your property.
7.3 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
7.4 These Terms are to be read subject to any legislation, including the Australian Consumer Law, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring
equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
7.5 To the fullest extent permitted by law, you agree to indemnify us against any liability, loss, claim or demand if we (or any of our officers, representatives, employees or agents) suffer any loss or damage or incur any costs in connection with a breach by you (or any of your officers, representatives, employees or agents) of these Terms.
- General Provisions
8.1 In the event that we make any changes to these Terms, we will email you. If you do not agree with the new Terms, you must advise us in writing within those thirty (30) days.
8.2 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
8.3 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
8.4 Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
8.5 These Terms are governed by the laws of the Victoria and each party submits to the jurisdiction of the courts of Victoria.
8.6 Unless the context requires otherwise, the following rules of interpretation apply in these Terms:
(a) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government, and vice versa;
(b) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under that legislation or legislative provision;
(c) the singular includes the plural and vice versa;
(d) a reference to any gender includes all genders;
(e) a reference to a clause or schedule is to a clause or schedule of this Agreement;
(f) a recital, schedule, annexure or a description of the parties forms part of this Agreement;
(g) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;
(h) a reference to any party to this Agreement, or any other document or arrangement, includes that party's executors, administrators, substitutes, successors and permitted assigns;
(i) you must not assign or transfer your rights as a participant in the Event without prior written consent from us.
(j) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
(k) where an expression is defined anywhere in this Agreement, it has the same meaning throughout;
(l) a reference to any monetary amount is an amount in Australian currency unless noted in the description of event wee are in another country and currency is then stated in another country;
(m) headings are for convenience of reference only and do not affect interpretation.
(n) A reference to a person includes a reference to that person's Executors, Administrators, Successors, Substitute and permitted Assigns.
9.1 You acknowledge that you have read this agreement, understand it, and have had an opportunity to seek independent legal advice before agreeing to it. In consideration of us agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement.
9.2 By signing up for our services, attending one of our workshops or webinars or coaching sessions, accessing our online content, or making any payment to us, you agree that you have read, understood and agree to be bound by these terms and conditions.
9.3 By ticking a tick box agreeing to these terms and conditions or otherwise agreeing to these terms and conditions or by the act of using our content or registration as a user of our website, you agree that you have read, understood and agree to be bound by these terms and conditions.
9.4 You warrant that you have full legal capacity to enter into this agreement.
9.5 Should any clause or sub-clause be deemed unenforceable, the remainder of this agreement will be enforceable so as to give effect to the remainder of this agreement, with an interpretation as near as possible to the unenforceable provision, as is enforceable.
9.6 Should any liquidated damages amount in this agreement be considered inappropriate or unenforceable by a court, a different amount may be substituted by a court, being an amount as close as possible to the amount stated in this agreement, as allowed by the court.
9.7 This agreement is governed by the laws of Australia and you agree that any disputes will be subject to the exclusive jurisdiction of the competent court nominated by us at the time a dispute arises.
9.8 This is an important legal agreement and we recommend you seek legal advice before entering into it and agreeing to your obligations in it.