TERMS & CONDITIONS OF SUPPLY
Quantum Leverage Pty Ltd T/A Today's Woman Events & Miriam Castilla (ACN 120 046 157
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 administrator, executors, heirs and permitted transferees.
1.3 “Costs” means the costs to be paid by the Client to the Provider in respect of the product, workshop or training program as detailed in the Financial Details provided at purchase.
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 details provided at time and point of purchase and as per Paypal or Tax Invoice received.
1.6 “Miriam Castilla” & "Today's Woman Events", mean Today's Woman Events which is a registered business trading in South Australia, the owner of which are the Directors of the Provider.
1.7 “Payment Plan” means those payment options in respect of the Costs as detailed in the Financial Details.
1.8 “Provider” means Quantum Leverage Pty Ltd (ACN 120 046 157) trading as Miriam Castilla and Today’s Woman Events, c/- PO Box 231, North Adelaide in the State of South Australia 5006., its successors and assigns or any other person acting on behalf or with the authority of the Provider.
1.9 “Product” and “Seminar” both mean the Seminar, Workshop, Training Program, physical Product or Service (Services) to be arranged, provided and/or conducted by the Provider, for the benefit of the Client
1.10 “Registration page” means the webpage, Facebook event or other point of information detailing the particulars of the Services, Seminar, Product, Costs and Payment Plans and Options.
2.1 The Client is taken to have exclusively accepted and is immediately bound by these Terms and Conditions when the Client makes the first payment towards the Product or Seinar.
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 This Agreement shall not be binding until the Provider notifies the Client that the Client has been accepted to participate in the Product and point 2.4 has been satisfied in full.
2.4 The Provider will not accept the Client to participate in the Product or Seminar where the Client's payments have not been received and cleared in full prior to the Product or Seminar commencing.
3. Transfer of Entitlement
3.1 The Client may not transfer his/her place in the Product to any other person unless the Client first complies with the Terms and Conditions contained in this Agreement relating to such transfer and then, only provided the Client has been sent written confirmation of acceptance of such transfer by the Provider. In that regard, the Provider may, in its sole discretion, refuse to accept any transfer of the Client’s place in the Product to any other person. In the event that the Provider does accept the transfer of the Client’s place in the Seminar to another person, the Client shall remain personally liable in all respects in relation to compliance with these Terms and Conditions.
3.2 The Client may request, in writing, a transfer of his/her right to attend the Seminar to a third party (Transferee) at no cost provided the Client first gives to the Provider at least 21 days written notice from the date of the Seminar of that request. The Provider will have the sole discretion as to whether to consent to the requested transfer and if consented to, the Provider will confirm the same in writing to the Client consented to, the Provider as soon as practicable after receiving the request but nothing in this Clause, or in this Agreement shall compel the Provider to consent to such request and the same shall be solely at the discretion of the Provider. If accepted by the Provider, the Client shall still remain personally liable for the Costs.
3.3 The Client may request, in writing, to the Provider, a transfer of his/her attendance at the Seminar from the date agreed to, to another date, provided the Client gives the to the Provider at least twenty one (21) days prior notice in writing from the date that the Seminar is due to take place. If the Provider agrees to such transfer, the Provider will notify the Client in writing of acceptance of such request. In this event, the Client must pay and additional fee in respect of the Costs which is ten per cent (10%) more than the costs.
3.5 If the Client (or his/her transferee does not attend the Seminar for any reason whatsoever within a period of twelve (12) months from the date of this Agreement, then the Client (and his/her transferee) shall forfeit their entitlement to attend the 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.
3.6 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 two (2) times within twelve (12) months from the date of this agreement.
4. Costs and Payment
4.1 The Costs of the Seminar are detailed on the Registration page which details the options for the Client to effect payment of the Cost 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 the right 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. Once committed to the event it is understood that all payments outlined in the agreement are to be paid in full by the Client. Quantum Leverage Pty Ltd T/A Today's Woman Events & Miriam Castilla (ACN 120 046 157)(Provider) TERMS & CONDITIONS
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 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 Paypal, EFT, credit card or direct debit as acceptable to the Provider.
4.8 The Costs are inclusive of GST
5.1 The Client acknowledges that he/she has made their decision to enter into this Agreement based upon their own investigations and understanding of the 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 Seminar.
5.2 The Client acknowledges that the Provider does not offer, purport to give and that the Seminar does not constitute any form of medicinal or psychological therapy nor does the Provider offer any financial advice.
5.3 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 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 Seminar and to ask the Provider and its representatives all such from the Provider that he/she requires in determining to enter into this Agreement
5.4 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)
5.5 The Provider acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees
5.6 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 Seminar. The Provider’s liability in respect of these warranties is limited to the fullest extent permitted by law.
5.7 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.
5.8 If the Provider is required to replace attendance at the 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 Seminar.
5.9 If the Client is not a consumer with the meaning of the CCA the Provider’s liability is:
5.9.1 Limited to the value of any express warranty provided to the Client by the Provider at the Provider’s sole discretion;
5.9.2 otherwise negated absolutely
6.1 Interest on overdue money to be paid by the Client pursuant to this Agreement shall accrue daily from the date when payment becomes due, until the date of payment, at the rate of one per cent (1%) per month
6.2 In respect of any overdue payment from the Client in relation to the Costs of under the Payment Plan, each default, shall attract and administration fee payable by the Client in the sum of thirty dollars ($30.00)
6.3 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 dishonor fees)
6.4 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.
6.5 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:
6.5.1 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.
6.5.2 the Client becomes insolvent, or enters into any scheme of arrangement with creditors, or makes an assignment for the benefit of its creditors; or
6.5.3 a trustee is appointed in respect of the Client’s estate or any asset of the Client.
7.1 The Provider may cancel any seminar or other Service to which these Terms and Conditions may apply at any time before holding such Seminar (or delivering any other Service to the Client). 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.
7.2 In the event that the Client (or his/her transferee) cancels, or fails to attend, his/her attendance at the Seminar or other Service 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).
7.3 The Provider may at any time refuse attendance at the Seminar or supply of the Product to the Client at their sole discretion and without being required to give any reason whatsoever and shall in such circumstances provide a full refund to the Client of any Costs paid to date.
8. Privacy Act 1988
8.1 The Client agrees for the Provider to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Provider.
8.2 The Client agrees that the Provider may exchange information about the Client with those credit providers either named as referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
8.2.1 to assess the Client’s ability to meet its obligations under this agreement; and/or
8.2.2 to notify other credit providers of a default by the Client; and/or
8.2.3 to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other providers; and/or
8.2.4 to access the creditworthiness of the Client. The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988
8.3 The Client consents to the Provider being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
8.4 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):
8.4.1 the provision of Services; and/or
8.4.2 the marketing of Services by the Provider and its agents; and/or
8.4.3 analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
8.4.4 processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or credit facilities requested by the Client; and/or
8.4.5 enabling the daily operation of Client’s account and/or the collections of amounts outstanding in the Client’s account in relation to the Services;
8.5 The Provider may give information about the Client to a credit reporting agency for the following purposes:
8.5.1 to obtain a consumer credit report about the Client;
8.5.2 allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
8.6 The information given to the credit reporting agency may include:
8.6.1 personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
8.6.2 details concerning the Client’s application for the credit or commercial credit and the amount requested;
8.6.3 advice that the Provider is a current credit provider to the Client;
8.6.4 advice of any overdue accounts, loan payments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
8.6.5 that the Client’s overdue accounts, loans repayments and/or any outstanding monies are not longer overdue in respect of any default that has been listed;
8.6.6 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);
8.6.7 advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonored more than once;
8.7 that credit provided to the Client by the Provider has been paid or otherwise discharged
9.1 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.
9.2 These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state of South Australia, and are subject to jurisdiction of the Courts in that State.
9.3 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).
9.4 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.
9.5 The Provider may licence or sub-contract all or any part of its rights and obligations without the Client’s consent
9.6 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.
9.7 The Provider shall not be liable for any default due to any act of God, war, terrorism, strike, look-out, industrial action, fire, flood, storm or other event beyond the reasonable control of the Provider.
10. Intellectual Property & Copyright
10.1 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.
10.2 All images, marketing material, handouts, information, copy and content are protected by copyright to the fullest extent permitted by law.
11. Photographic, Audio & Video Release
11.1 I acknowledge that portions of the Seminar workshop may be photographed, and/or recorded on video/DVD/audio Tape. I understand that my likeness may appear on photographs and/or my voice and/or image may appear on video/DVD/audio tapes, and
11.2 I agree that no compensation will be paid to me for any products or revenues or any other value derived from these photographs and video/DVD/audio recordings. I waive all rights I may be entitled to from the use of such images or recordings. I do not ask for, nor expect any compensation from any of the photographs taken or video/DVD/audio recordings made during this seminar/training
12.1 I hereby acknowledge that my attendance at this Seminar does not give me the right to represent (whether expressly or implied) or hold out to any person that I am a Representative, agent, employee, partner or in any way connected with the Provider.
13. Service of Notice
13.1 A party to this Agreement may serve a Notice upon the other party to this Agreement by:
13.1.1 Personal service on the other party; or
13.1.2 Pre-paid post to the other party at the address shown in the Covering Particulars to this Agreement for that party; or
13.1.3 By sending it by email to the email address of the addresses shown on the Covering Particulars
13.2 Service is effected two (2) days after the posting, if a Notice or Request is posted
Quantum Leverage Pty Ltd T/A Today's Woman Events ACN: 120 046 157 | ABN: 22 031 799 373 PO Box 231, North Adelaide SA 5006
Ph: +61 -8-8361 9800
Email: info[@]miriamcastilla.com Hint: Drop the [ ] around the @