Terms & Conditions
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 document headed “Financial Details and Tax Invoice” attached as Schedule 1 to this Agreement.
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.
1.7. “Payment Plan” means those payment options in respect of the Costs for the Seminar as detailed in the Financial Details document.
1.8. “Provider” means Carbeh Pty Ltd (ACN 114 602 747) C/- Stephen Wilkinson, Suite 18, 11 Preston Street, Como in the State of Western Australia 6152, its successors and assigns or any other person acting on behalf of or with the authority of the Provider.
1.9. “Seminar” means the Seminar and other services (Services) to be arranged and conducted by the Provider, for the benefit of the Client, such Seminar to be known as “Letting It Go Seminar”.
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. Prior to the Client’s participation in the Seminar, the Client agrees that he/she must be interviewed by a representative of MJB, such interview to be arranged by the Provider and conducted either in person or by telephone, at the option of the Provider.
2.3. Before the Client may attend the 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, facsimile, email or such other method as reasonably required by the Provider.
3. Costs and Payment
3.1. The Costs of the Seminar are detailed in Schedule 1 which details the options for the Client to effect payment of the Costs in accordance with the Payment Plan.
3.2. 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.
3.3. The Client acknowledges that he/she is obliged to make payment in full of the Costs until full payment of the Costs is completed.
3.4. To the full extent permissible by law, no payments made by the Client are refundable.
3.5. 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.
3.6. The Costs are inclusive of GST.
4. Transfer of Entitlement
4.1. 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 to the Provider at least twenty one (21) days’ prior notice in writing from the date that the 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 Seminar on the later date.
4.2. 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, less than twenty one (21) days prior to the date that the Seminar is due to take place (ie. twenty (20) days or less from such date). 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 an additional fee in respect of the Costs which is ten per cent (10%) more than the Costs.
4.3. 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/or 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.
4.4. 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.
5. Refund Policy
5.1. You have twenty eight (28) days from the day you pay your deposit to request a refund. To be eligible for a refund you must have completed the following; Logged in and watched all the available video coaching on your seminar platform, watched all the videos in your online Master Mind & Money online platform, booked for and attended one (1) coaching sessions with one of our success coaches, implemented any home play assigned during your coaching session, as well as have implemented the wealth principles as instructed in your online Master Mind & Money Program. If you have completed the above within 28 days of registering for the seminar and you feel that you haven’t got value or you feel that our program isn’t for you, even though you have completed the required work, we’ll happily refund the money you’ve paid us under this Agreement less your non refundable deposit 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 no later than twenty eight (28) days from the date your deposit was paid.
5.1.2 Completed Course Work. We’ll ask for proof of your completed course work and ask what didn’t work for you, so we can learn and improve.
5.1.3 Company Discretion. After you submit your materials, and we have checked to see how much of your online portal you have accessed, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
6.1. 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.
6.2. 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.
6.3. 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).
6.4. 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.
6.5. The Provider may licence or sub-contract all or any part of its rights and obligations without the Client’s consent.</span
6.6. 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.
6.7. The Provider shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of the Provider.
6.8. 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.
7.1. The Provider may cancel any Seminar or other Service to which these Terms and Conditions 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 cancels, or fails to attend, his/her attendance at a 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).
8. Service of Notice
8.1. A party to this Agreement may serve a Notice upon the other party to this Agreement by:
8.1.1. Personal service on the other party; or
8.1.2. Pre-paid post to the other party at the address shown in the Covering Particulars to this Agreement for that party; or
8.1.3. By facsimile to the facsimile number of the addressee shown on the Covering Particulars; or
8.1.4. By sending it by email to the email address of the addressee shown on the Covering Particulars.
8.2. Service is effected two (2) days after posting, if a Notice or Request is posted.
9.1. 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.
9.2. 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.
9.3. 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 questions relating to the Seminar and to request all such information from the Provider that he/she requires in determining to enter into this Agreement.
9.4. 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).
9.5. The Provider acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees.
9.6. 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.
9.7. 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.
10.1. In respect of any overdue payment from the Client in relation to the Costs or under the Payment Plan, each default shall attract an administration fee payable by the Client in the sum of forty dollars ($40.00).
10.2. 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).
10.3. 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.
10.4. 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:
10.4.1. 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;
10.4.2. the Client becomes insolvent, or enters into any scheme of arrangement with creditors, or makes an assignment for the benefit of its creditors; or
10.4.3. a trustee is appointed in respect of the Client’s estate or any asset of the Client.
11. Privacy Act 1988
11.1. 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.
11.2. 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:
11.2.1. to assess the Client’s ability to meet its obligations under this Agreement; and/or
11.2.2. to notify other credit providers of a default by the Client; and/or
11.2.3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
11.2.4. to assess 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.
11.3. 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).
11.4. 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):
11.4.1. the provision of Services; and/or
11.4.2. the marketing of Services by the Provider and its agents; and/or
11.4.3. analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
11.4.4. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
11.4.5. 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;
11.5. The Provider may give information about the Client to a credit reporting agency for the following purposes:
11.5.1. to obtain a consumer credit report about the Client;
11.5.2. allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
11.6. The information given to the credit reporting agency may include:
11.6.1. personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
11.6.2. details concerning the Client’s application for credit or commercial credit and the amount requested;
11.6.3. advice that the Provider is a current credit provider to the Client;
11.6.4. 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;
11.6.5. 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;
11.6.6. 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);
11.6.7. advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
11.7. that credit provided to the Client by the Provider has been paid or otherwise discharged.