Terms & Conditions of Purchase
The following conditions apply upon registration for any workshop event requiring payment to Eyesberg Enterprises. If
you have any queries relating to the specific terms and conditions for
any event, please contact us by emailing service@eyesbergenterprises.com or calling 0416 586 816.
Engagement:
1. Thank you for accepting our offer to present the Seminar Services to you. By accepting the Order, you agree that the Order
together with these Terms and Conditions form a contract between you
and us.
Time, Place and Delivery:
2. Your payment of the Investment to us entitles you the right to a
seat at the location during the Seminar Hours as agreed on the Event
Details; and to receive a copy of the Materials for Seminar Services
(subject to clauses 10 to 11); or a copy of the materials for the
Product for any Products Purchased as agreed on the Purchase Order Form.
3. When delivering Seminar Services, we may change the Seminar Days,
Hours and/ or the Location for any reason by notifying you in writing
of the change and detailing substitute Seminar Days, Hours and/or
Location and we shall have no liability to you; and you shall make no
claim against us (including a refund), in respect of the same.
Investment and Payment:
4. You must pay to us in consideration for a seat at the Seminar Services:
(a) the Investment Sum in one lump sum by accepting the Order by you without set off, deduction or counterclaim; or
(b) if we have agreed that you may pay by Installment, you must pay each
Installment to us in full and without set off or deduction the agreed
date.
5. Payments made under this agreement must be made by the means specified in the Order.
6. If you should not pay to us an Installment Sum by the Installment
Payment Date for that Sum then all monies owing by you to us shall
become due and owing and must be immediately paid to us without set off
or deduction or counterclaim and without need for further demand.
Refunds:
7. We may cancel the Seminar Services or Product Order for any reason
by written notice to you. We will also refund you the Investment you
have actually paid to us within 7 days of giving you notice of
cancellation. We shall have no further liability to you in respect of
the cancellation (clause 13 shall apply).
8. We acknowledge that you shall not be entitled, and shall not claim a
refund other than by strict compliance with Clause 7. You
further acknowledge that this is an essential term of this agreement on
which we rely.
Transferring Seminar Services:
9. If
for any reason you elect not to proceed with your attendance at the
workshop event you have registered for, you may transfer your
registration for an event to another person within these booking terms
by advising us no later than 7 days prior to the event.
Intellectual Property:
10. We have all right, title and interest in all intellectual property
used by us for the Products or in performing the Seminar Services
(subject to the rights of the presenters) and all intellectual property
we may develop as a result of the performance of the Seminar Services.
11. In performing the Seminar Services for you, we do not transfer
title to you in any intellectual property and title to all such
intellectual property remains with us.
12. You may not use a recording device or record the event; or alter
any of our intellectual property or the Seminar Materials or Products;
or copy or reproduce the content of the Seminar Services or the
Materials or Products; or on-sell the intellectual property or the
Materials (‘IP') or supply the IP to third parties.
Limitation of Liability:
13. We:
(a) exclude all terms, conditions and warranties implied by custom, the
general law or statute or which cause any part of this agreement to be
void (‘Non-excludable condition');
(b) limit our liability to you for breach of any Non-excludable
Condition to the total amount actually paid by you under this agreement;
(c) limit our liability to you for any claim (whether arising in
contract, tort or statute) for loss or damage suffered by you in
relation to the performance of the Product or Seminar Services to the
total amount actually paid you under this agreement; and
(d) excludes all liability for consequential damage (including but not
limited to, lost revenue or lost profit) suffered by you in any way
relating to the Product or Seminar Services or your exercise of rights
under this agreement.
General:
14. All notices or other communications must be made to the addresses specified in the Order.
15. A notice given in accordance with clause 13 is received if left at
the recipient's address, on the date of delivery; if sent by prepaid
post, 3 days after the date of posting; and if sent by fax, when the
sender's facsimile system generates a message confirming successful
transmission of the total number of pages of the notice.
16. The non-exercise of or delay in exercising any power or right of a
party does not operate as a waiver of that power or right, nor does any
single exercise of any power or right preclude any other or further
exercise of it or the exercise of any other power or right. A power or
right may only be waived in writing, signed by the party to be bound by
the waiver.
17. Any provision in this deed which is invalid or unenforceable in any
jurisdiction is to be read down for the purposes of that jurisdiction,
if possible, so as to be valid and enforceable, and is otherwise
capable of being severed to the extent of the invalidity or
unenforceability, without affecting the validity or enforceability of
that provision in any other jurisdiction.
18. This agreement may not be varied except in writing signed by the other party.
19. Should any provision of this agreement be held by a Court to be
unlawful, invalid, unenforceable or in conflict with any rule, statute,
ordinance or regulation the validity and enforceability of the
remaining provisions will not be affected.
20. This agreement constitutes the entire agreement between the
parties. Any prior arrangements, agreement, representations or
undertakings are superseded. |
