T.H.E Australia Pty Ltd
TERMS AND CONDITIONS

Engagement

1. Thank you for accepting our offer to present Seminar Services to you. By signing the Order Form, you agree that the Order Form together with these Terms and Conditions form a contract between you and us. You also warrant that you abide by the specific Terms and Conditions of T.H.E Australia Pty Ltd chosen event provider whether additional or variant Terms and Conditions may or may not apply.

Time and Place

2. Your payment of the Investment to us entitles you to: (a) attend during the Seminar Hours; and (b) receive a copy of the Materials, if any (subject to clauses 8 to 10).
3. We reserve the right to amend or cancel any event, event times, dates venue or speaker. We will notify you in writing of the changes we make and: (a) we shall have no liability to you; and (b) you retain the right to reschedule; and (c) 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 of the Seminar Services: (a) The Investment Sum in one lump sum on the signing of the Order Form by you without set off, deduction or counterclaim; or (b) If we have agreed that you may pay by Instalment, you must pay each Instalment to us in full and without set off or deduction the Instalment Sum on the Instalment Payment date.
5. Payments made under this agreement must be made by the means specified in the Order Form.
6. Should you not pay to us an Instalment Sum by the Instalment 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.

Intellectual Property

7. We have all the rights, title and interest in all intellectual property used 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.
8. In performing the Seminar Services for you, we do not transfer rights to you in any intellectual property, and the title to all such intellectual property remains with us.
9. You may not: (a) alter any of our intellectual property or the Materials; or (b) copy or reproduce the content of the Seminar Services, or the Materials; or (c) sell the intellectual property or the Materials ('IP') or supply the IP to third parties.

Cooling Off Period

10. This agreement shall be voided if you advise us in writing, within three (3) working days of signing the order form, that you no longer wish to receive our seminar services by delivering or sending (including electronic mail) a cancellation notice to the T.H.E Australia Pty Ltd. Level 9, 368 Sussex Street, SYDNEY, NSW, 2000 we shall refund to you all monies or part thereof you have paid to us under this agreement. If a refund is due from us to you, we will process it within 30 working days.

Refunds & Cancellation

11. We may cancel the Seminar Services for any reason by written notice to you. We will also refund you the Investment you have actually paid to us within 30 working days of giving you notice of cancellation. We shall have no further liability to you in respect of the cancellation.
12. You acknowledge that you shall not be entitled, and shall not claim a refund other than by strict compliance with clauses 10 & 11. You further acknowledge that this is an essential term of this agreement on which we rely.
13. If, at any time or for whatever reason, you decide you do not wish to receive the Seminar Services, you will not be eligible for a refund of any monies you have paid to us under this agreement.

Validity of Quantum Leap (QL) Package

14. All Seminars included in The Quantum Leap Package must be completed within 18 months from the date of this Agreement.
15. Registrants of the Quantum Leap Package must attend all programs in the package. No individual program is transferable to another person. There is no credit for Seminars not completed within this time and any balance outstanding under this Agreement will become due and payable immediately following the expiry of 18 months from the date of this Agreement unless rescheduled in accordance with clause 16 but you shall have no claim against us for a refund.
16. An extension fee of AUD$500.00 per year will be imposed for the failure to fulfil all programs within the first 18 months.
Transferring tickets
17. Except for Quantum Leap Package, in the event that you are unable to attend the event you have booked and paid for, you can transfer your ticket to a nominated new attendee subject to notifying us in writing at least 14 working days before the event starts, and providing us with their full contact details. An administration fee of AUD $100.00 will apply. You may also choose to attend a different event of a lesser value instead. Your payments will be reassigned to the other event, subject to the following criteria. You will still need to make all required payments for that event, and you must also attend the event within 365 days from the original date of the event enrolled.

Force Majeure

18. If the performance or performances as contemplated by this Agreement are prevented or cancelled because of an act of God, an inevitable accident, fire, blackout, flood or any other calamity, or if by reason of strikes, or lockouts, or any other events beyond the direct control of both parties, then the promoter may at its option either postpone the performance from the original performance date.

General

19. All notices or other communications must be made to the addresses specified in the Order Form.
20. 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.
21. Should any provision of this agreement be held by a Court of competent jurisdiction to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected.
22. This agreement constitutes the entire agreement between the parties. Any prior arrangements, agreement, representations or undertakings are superseded.

Non-Disclosure Agreement

23. Client hereby acknowledges that they will be trained in material considered "trade secret" and confidential in nature. Client agrees to not disclose any techniques nor comments about the event of any kind to others, via forum, message boards, private emails, blogs or other venue. If Client does disclose any information about the event then they admit to damages and breach of contract and will be subject to civil litigation and damages. Client agrees to not create, nor partner nor associate with any person, any kind of product related to
T.H.E Australia Pty Ltd, including but not limited to e-books, special reports, audio or video files, public postings of content, or any other derived materials. Client shall not record any portion of the event.
24. Client agrees to indemnify and hold harmless T.H.E Australia Pty Ltd against all loss or damage that client may suffer as a result by T.H.E Australia Pty Ltd and its speakers and associates and any of its affiliates and representatives from any breach of these Terms and any other cause or alleged cause of any kind. T.H.E Australia Pty Ltd reserves the right to alter terms and conditions with prior notice.


For more information please contact:
T.H.E AUSTRALIA PTY LTD
ABN 12 147 577 866
Level 9, 368 Sussex Street, SYDNEY, NSW 2000
Managed by Empowernet International Pty Ltd
Ph: 1800 451 355 Fax: +61 (2) 8098 8199 W: www.harveker.com.au