CARBEH PTY LTD (ACN 114 602 747) (Provider)
TERMS AND CONDITIONS
- Definitions
1.1. “CCA” means Competition and Consumer Act 2010.
1.2. “Client” means the person that has made the purchase on the website www.mjbseminars.com.au and by doing so agreed to these Terms and Conditions.
1.3. “Costs” means the costs to be paid by the Client to the Provider in respect of the Equilibration as detailed on the following website www.mjbseminars.com.au.
1.4. “Equilibration” means the service to be arranged and conducted by the Equilibrator, for the benefit of the Client.
1.5. “Equilibrator” means the contractor for Carbeh Pty Ltd who provides the Equilibration service.
1.7. “Financial Details” means the details provided by the client on the website at the time of purchase.
1.6.. “MJB” means MJB Seminars which is a registered business trading in Western Australia, the owners of which are the Directors of the Provider.
1.10. “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.
1.11. “Discovery Call” means the initial call held between the Equilibrator and the Client.
- Acceptance
2.1. The Client is taken to have exclusively accepted and is immediately bound by these Terms and Conditions when the Client makes the full payment via the website www.mjbseminars.com.au
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 Equilibration, the Client agrees that he/she must attend a Discovery Call with the Equilibrator at a mutually agreed time.
- Transfer of Entitlement
3.1. The Client may request, in writing, to the Equilibrator, a change of date of the Equilibration from the date agreed to, to another date, provided the Client gives to the Equilibrator at least two (2) days’ prior notice in writing from the date that the Equilibration is due to take place, in which event, if the Equilibrator 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 Equilibration on the later date.
3.2. The Client may request, in writing, to the Equilibrator a transfer of his/her Equilibration from the date agreed to, to another date, less than two (2) days prior to the date that the Equilibration is due to take place. Such a transfer is at the Equilibrator’s discretion.
3.3. If the Client does not attend the Equilibration for any reason whatsoever and fails to give the Equilibrator prior notice, he/she will be permitted to reschedule to another date, on payment of an additional $197 transfer fee.
3.4 Upon completion of the Discovery Call, the client must complete the Equilibration session within a period of one (1) month from the date of the Discovery Call. If the Cleint fails to complete the Equilibration Session within one (1) month of the Discovery Call, then the Client shall forfeit their entitlement to the Equilibration 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.
3.5. Notwithstanding any other provision of this Agreement, the Client agrees that he/she will not be entitled to request the transfer to another date of the Equilibration more than one (1) time within one (1) month from the date of this Agreement.
3.6. Single equilibration sessions must be held within 30 days of booking the DIscovery Call. Package of 3 Equilibrations must be held within 90 days of booking the Discovery Call. Extensions may be granted at the discretion of the Equilibrator.
- Costs and Payment
4.1. The Costs of the Equilibration are detailed in Schedule 1, 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 cash, eftpos or credit card
4.8. The Costs are inclusive of GST.
- Refund Policy
5.1. You have seven (7) days, from the day you make your payment to request a refund. We’ll happily refund the money you’ve paid us under this Agreement less a non refundable Admin Fee of of $150 and any external fees subject to the following conditions:
5.1.1 Deadline to Apply for Refund. To be eligible for a refund, you must submit your request in writing no later than seven (7) days from the date your payment was was paid.
5.2. No refunds shall be given once the Discovery Call has been attended.
- 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 Equilibration 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 Equilibration.
6.2. The Client acknowledges that the Provider and Equilibrator do not offer, purport to give and that the Equilibration 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 or Equilibrator in the event that the Client perceives that the Equilibration 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 Equilibration and to ask the Provider and its representatives all such questions relating to the Equilibration 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 Equilibration. 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 Equilibration under this Clause or the CCA, but is unable to do so, the Provider may refund any money the Client has paid for the Equilibration.
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.
- 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 an Equilibration 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 an Equilibration 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.
- Cancellation
8.1. The Provider may cancel any Equilibration or other Service to which these Terms and Conditions apply at any time before holding such Equilibration (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 Equilibration 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 cancels, or fails to attend, his/her attendance at an Equilibration 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).
- 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;
- 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 Terms and Conditions, 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.
