CREATRIX® TRANSFORMOLOGIST® COURSE TERMS & CONDITIONS
These are the Terms and Conditions upon which Successarise Pty Ltd as trustee for A New Legacy Trust ABN 16 932 204 900 trading as Institute of Women International and Global Transformatrix (we/us/our):
· receives and processes course attendance application/s from you; and
· subject to your application/s being accepted by us in our discretion, admits you entrance into, and provides you with, either the Creatrix® Transformologist® Course for women or the Innovatrix® Facilitator Course for men (each referred to as a Course) as the case may be.
These Terms and Conditions represent a legally binding deed poll by you in favour of us, which takes effect upon you signing this document (Deed).
1. ACCEPTANCE OF APPLICATIONS FOR COURSE ATTENDANCE
(a) We reserve the right to decline your Course attendance application in the event that you do not pass a personal acceptance interview and such screening process, which are subject to criteria determined by us in our sole absolute discretion from time to time. Payment of any application fee or other monies by you to us does not guarantee you entry into any Course. If you are not accepted into the relevant Course or do not pass our screening process, you will receive a full refund of any monies paid by you within 7 days of you being notified of your non-acceptance or failure to pass screening (as the case may be).
(b) We will not be liable or responsible for any financial or emotional outlay if you are refused attendance to any Course. All flights, accommodation, and other costs and expenses that you have incurred in expectation of attending any Course is solely your own responsibility being fully aware that at no time have you been guaranteed entry into any Course offered by us.
2. RIGHT TO USE INTELLECTUAL PROPERTY AFTER COURSE ATTENDANCE
(a) After completion of a Course, you may retain the Manual and use it for your own purposes, provided that you do not use it in such a way as to adversely affect our goodwill, reputation, or business.
(b) Acceptance to attend any Course and actual attendance of any Course does not guarantee that we will offer you a right to use our Intellectual Property after the completion of the Course for your own purposes (Licence). We reserve the right not to grant you a Licence for any reason whatsoever in our sole absolute discretion.
(c) Without limiting our absolute right to refuse to grant you a Licence, you will only be considered as a potential candidate for a Licence if you:
(i) attend and complete a Course in full, which will include, but is not limited to, completion of preliminary assessments and tasks, and a seven day face-to-face hands-on component; and
(ii) pass all Course assessments, which may include, but are not limited to, a written examination, personal practical assessments undertaken by our Course trainers (including by observation during the Course), and personal congruency and character assessments undertaken by our Course trainers before, during and AFTER the Course has been held.
(d) You will be advised within 14 days of attending a Course whether we have elected to grant a Licence to you. If we elect not to grant a Licence to you:
(i) you will not be entitled to a refund of any monies which you have paid to us to attend the Course; and
(ii) if you are refused a Licence due to competency, you may be offered to re-attend a Course, in which case we may offer you a discounted Course attendance fee.
3. COURSE COMMENCEMENT DATE
All Courses commence 30 days prior to the commencement of the face-to-face component with a pre-assessment task to complete (Course Commencement Date). The scheduled dates of each face-to-face component will be advised to you, or otherwise published on our website. If a Course contains any preliminary assessments and tasks, they must be completed within seven (7) days of you receiving them.
4. PAYMENT OF COURSE FEES & PAYMENT PLANS
You may only attend a Course after you make payment to us of the relevant Course fee in full by the relevant Course Commencement Date (30 days before the face-to-face component). We may, in our discretion, agree to allow you to enter into a payment plan or arrangement, whereby you pay the Course fee to us in instalments. However, please note that all instalments must be paid in full by the Course Commencement Date, otherwise you will be required to attend the next Course with an available spot (on the dates determined by us).
5. REFUNDS AND CANCELLATIONS
We observe a strictly no refund policy. However, we reserve the right to consider, accept or reject any refund or cancellation request in our sole absolute discretion.
6. EVENT POSTPONEMENTS/DELAYS
While we will endeavour to comply with any published schedule of events or Courses, we reserve the right to postpone any event or Course in our sole absolute discretion. If we postpone any event or Course, you will not be entitled to any refund, or compensation, and you will be expected to attend the next Course with an available spot (on the dates determined by us).
You acknowledge, agree and declare (as applicable) that:
(a) your attendance of any Course held by us is of your own free will;
(b) you have not been informed by any doctor or health practitioner that undertaking face-to-face therapy would be detrimental to your health;
(c) you are physically and psychologically fit and healthy, and you have disclosed or will disclose to us at, before or immediately after entering into this Deed:
(i) any and all medical conditions which you have;
(ii) if you are currently undergoing medical treatment or psychiatric care of any nature
(iii) if you are under the care of, or undergoing ongoing treatment by, any medical practitioner;
(d) you are not under psychiatric care, and you are not taking any antidepressants/anti-anxiety medication (or if you are taking such medication, you will advise us immediately and you may be required to produce a letter from a medical practitioner certifying that you are fit to attend a Course);
(e) you are not taking illegal drugs, and you are not exhibiting any behaviours associated with alcoholism;
(f) nothing in our communications, website, Courses should be construed as medical advice, diagnoses, suggested cure or treatment for any medical condition whatsoever;
(g) no doctor-patient relationship is established at any time between you and us;
(h) your personal breakthrough resulting from attending a Course is not intended as a substitute for ongoing medical advice from a qualified medical practitioner or mental health practitioner;
(i) you understand that, although your personal breakthrough will aim to remove emotions associated with specific events in your life, other emotions may arise in the days/weeks that follow. Any unresolved issues which may surface and which may warrant medical treatment, counselling or psychotherapy, will be at your own risk and expense.
(a) You agree to participate in your selected Course to the best of your ability in every respect, including during Course application, pre-assessment and personal interviews, during any Course, and in relation to any after Course tasks.
(b) You acknowledge that you fully understand that deviating from the implemented process and systems within every aspect of the Course or not participating to the best of your ability may compromise your eligibility for a Licence after completion of the Course.
(c) You agree that you clearly understand that the results of any coaching and personal development depend solely on your ability to put the taught processes and coaching into action where your personal and business success is concerned.
(d) You agree to make life changes wherever possible so that you do not recreate any adverse circumstances through use of triggers and behaviours. You acknowledge that you are solely responsible for your own personal development.
(e) You acknowledge that you may be set additional tasks or activities by Course trainers when they feel it is necessary to assist in the completion of your personal outcomes or your eligibility for a Licence after completion of the course.
(f) You acknowledge that, if requirements set out by a Course trainer or in the Manual are not completed as directed, your outcomes may not be predicted or long lasting and you risk not being offered a Licence after completion of the Course.
(g) You acknowledge and agree that we do not guarantee any particular outcome as a result of attending one of our Courses.
(h) If you are under the influence of alcohol, prescription medications or any illegal drugs, you may be refused entry into any location at which a Course is being held.
(a) Please keep in mind that due to the content of these courses everyone will react differently. You agree to be mindful of everyone around me at all times by using appropriate manners and showing respect at all times.
(b) You understand that the dress code for the event is casual and comfortable and will keep in mind that a large variety of people attend the courses so you will dress appropriately.
(c) When in a group environment, you agree that, wherever possible, disrespectful and inappropriate behaviour and topics of conversation will be kept to a strict minimum.
(d) You understand you will be removed and may not be able to return to the Course if your behaviour is a deliberate distraction or is negatively impacting the Course and/or other course participants (as determined by us in our sole absolute discretion).
10. PHOTOGRAPHY & VIDEO RECORDING
(a) You agree not to record or reproduce any Courses (in part or whole) (or allow to be recorded or reproduced) without first obtaining our express prior written consent.
(b) You acknowledge, agree and consent to us taking photographs, audio recordings and video recordings throughout the duration of our Courses for our marketing purposes (excluding the personal breakthrough section which is kept confidential). By signing this form, you agree not to claim any compensation for any audio, photographs or videos taken by us for this purpose. We take no responsibility for the photographs and videos taken by any Course participants.
(c) You agree that when taking photographs or videos with your personal camera, that you will ask the relevant persons for their permission before taking any photographs of videos. You agree that all photographs which you take must only be used for personal memories and not for commercial purposes and you agree not to post them on any social media, website or in any marketing material without the express permission of those persons depicted in the photographs or videos.
(d) You acknowledge, agree and consent to us taking photographs, audio recordings and video recordings throughout the duration of our Courses (including the breakthrough section) for our internal administrative, review and training purposes. All personal breakthrough recordings will be kept confidential and will NOT be used for any other purpose without your express prior consent after reviewing the relevant photographs or recordings (as the case may be).
11. INTELLECTUAL PROPERTY
You acknowledge and agree that:
(a) we own all rights, title and interest in and to the Intellectual Property;
(b) you will not, at any time, acquire any, benefit, right, title, or interest in and to any Intellectual Property whatsoever;
(c) the benefits, right, title and interest in and to any Intellectual Property created, developed, improved upon, or contributed to by you, whether solely or jointly with others, automatically and absolutely vests in us;
(d) you must, if requested by us, do all acts and things (including signing any documents required by us) which are necessary or desirable to vest in, transfer or assign to us (or our nominee) all legal and beneficial rights, title and interest in and to:
(i) any Intellectual Property created by you as a consequence of attending a Course, entering into this Deed, or being granted a Licence; and
(ii) any Invention, including securing patent or other protection anywhere in the world.
(a) keep all Confidential Information, whether received before or after entering into this Deed, strictly confidential;
(b) not disclose any Confidential Information to any third party;
(c) only use Confidential Information:
(i) for the purposes of attending and completing a Course;
(ii) in accordance with any Licence granted to you; and
(iii) in accordance with any other terms and conditions which we specify before, during or after your completion of a Course;
(d) not copy, record or reproduce any Confidential Information in any form whatsoever;
(e) on request, immediately return or destroy, as directed by us, all Confidential Information and certify that no Confidential Information has been retained.
You agree to indemnify us and our Representatives, and will keep us and them indemnified, from and against all Claims and Losses arising in relation to, or in connection with, whether directly or indirectly:
(a) any wilful act, omission, or neglect by you;
(b) any breach of this Deed by you;
(c) any Claim against us that the intellectual property rights of any third party has been infringed on due to any wilful act, omission or neglect by you;
(d) any Claim against us by any your Representatives; and
(e) your use, non-use, or misuse of the Intellectual Property or Confidential Information.
You release us and our Representatives from all liability in relation to all Claims and Losses arising in relation to, or in connection with, whether directly or indirectly:
(a) any wilful act, omission, or neglect by you;
(b) any breach of this Deed by you;
(c) our performance of this Deed in accordance with its terms;
(d) any Claim against you that the intellectual property rights of any third party has been infringed; and
(e) your use, non-use, or misuse of the Intellectual Property or Confidential Information.
You agree that your attendance of any Course and this Deed may be terminated by us at any time in our sole absolute discretion, if we consider that you are not acting reasonably, in good faith, and/or your attendance is for purposes other than your own personal development and to use our tools to help others as taught only.
Unless otherwise provided in this Deed, a party may give or withhold its consent under this Deed and impose conditions of the giving of its consent. All consents must be in writing to be effective.
Each party will pay their own costs and expenses of and incidental to the negotiation, preparation, and execution of this Deed.
This Deed may be executed by the parties exchanging executed counterparts. A copy of an original executed counterpart sent digitally or by email must be treated as an original.
(d) Entire Deed
This Deed contains the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by this Deed.
(e) Further Acts
Each party must do all acts and things (including executing and delivering any documents) which are necessary to give full effect to this Deed.
(f) Goods and Services Tax
(i) Terms defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause, unless the context otherwise requires.
(ii) With the exception of any amount payable under this clause, unless otherwise expressly stated, all amounts payable under this Deed are exclusive of goods and services tax (GST).
(iii) If GST is payable on any supply made under this Deed, then any party (Recipient) required to provide consideration to another party (Supplier) for that supply must pay to the Supplier an additional amount equal to the GST payable on the taxable supply. GST must be paid at the same time as payment of the consideration for the taxable supply, subject to the Supplier providing a tax invoice to the Recipient.
(iv) If this Deed requires a party to pay for, reimburse or contribute to any expense, loss, indemnity or outgoing (Reimbursable Expense) suffered or incurred by another party, the amount required to be paid, reimbursed or contributed by the first party will be the sum of:
(A) the amount of the Reimbursable Expense less the input tax credits (if any) to which the other party is entitled in respect of the Reimbursable Expense; and
(B) if the other party’s recovery from the first party is a taxable supply, any GST payable in respect of that supply.
This Deed is governed by the laws of the State of Queensland and each party submits to the non-exclusive jurisdiction of the courts of the State of Queensland.
(h) No Assignment
A party cannot assign, novate or otherwise dispose of any of its rights or obligations under this Deed without the prior written consent of each other party.
(i) No Merger
No right or obligation of any party will merge on completion of any transaction contemplated by this Deed. Any indemnity given in this Deed survives the expiry or termination of this Deed and a party may enforce a right of indemnity at any time, including before it has suffered loss.
Any notice given in relation to this Deed:
(i) must be:
(A) in English and in legible writing;
(B) addressed to the recipient’s address as noted in this Deed, or as otherwise notified by the recipient in writing from time to time;
(C) signed by or on behalf of the party giving the notice;
(ii) must be delivered, sent by pre-paid mail, transmitted by facsimile, or sent by email to the recipient’s email address, and to that end the parties consent to sending and receiving electronic communications pursuant to the Electronic Transactions (Queensland) Act 2001 (Qld);
(iii) will be deemed to be received by the recipient:
(A) if delivered by hand, at the time of delivery;
(B) if sent by post, on the third Business Day after the day on which it is posted (including the day of posting);
(C) if sent by facsimile, on the Business Day on which the notice is received by the recipient’s facsimile receiving facility, and a correct and complete transmission report is received; or
(D) if sent by email, at the time that would be the time of receipt under the Electronic Transactions (Queensland) Act 2001 (Qld).
Any provision of this Deed that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of this Deed which will continue in full force and effect.
(l) Time is of the Essence
Time is of the essence in respect of each parties’ obligations under this Deed.
This Deed may only be varied by a further written agreement signed by or on behalf of each of the parties.
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under this Deed by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of this Deed will operate as a waiver of another breach of that provision or of a breach of any other provision of this Deed.
17. DEFINITIONS AND INTERPRETATION
In this Deed, the following terms have the corresponding meanings, unless the context otherwise requires:
Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Sunshine Coast, Queensland, Australia.
Claim includes, in relation to a person, a demand, claim, action, dispute or proceeding made or brought by or against the person, however arising and whether present, unascertained, immediate, future or contingent
Confidential Information means any confidential information owned or relating to us or the business carried on by us, whether or not marked as confidential, and whether relating to our past, present or future operations, including but not limited to:
(i) any literary (including computer programs), dramatic, graphic design, photography, musical or artistic material, sound recordings, performance and films;
(ii) all reports (whether in draft or final form), documents, printed matter including but not limited to scripting, advertising and promotional material, posters, billboard design, images of any kind whether print or digital, equipment, information and data stored by any means and recorded in or on any medium whatsoever;
(iii) business, strategic, marketing, and financial information, policies, lists, and plans, reporting procedures;
(iv) the number, nature or mix of products and services offered by us;
(v) costing, pricing and payment information and policies;
(vi) information relating to existing and prospective clients, customers, suppliers, consultants and contractors, including but not limited to identity and contact information, preferences, pricing, account values, efficiencies, and agreement terms and conditions;
(vii) employee information, including employment terms and conditions, and remuneration;
(viii) techniques, processes, procedures, methods, know-how, trade secrets, production, manufacturing and other technical specifications, plans, and calculations, discoveries, research, and formulae developed or used by us and related information;
(ix) Intellectual Property;
(x) third party information disclosed in confidence;
(xi) any information which could reasonably be regarded as being confidential in nature;
(xii) the terms of this Deed, unless required:
(A) by law to be disclosed;
(B) for the purposes of obtaining professional legal or accounting advice on the terms and consequences of this Deed; or
(C) for the purposes of enforcing the terms of the Deed;
but not including information which:
(xiii) is publicly available or generally known; or
(xiv) the receiving party already possesses at the time of disclosure, or independently acquires it except through a breach of any obligation of confidentiality by it or any third party.
Intellectual Property means all intellectual property rights relating to us and the business carried on by us, including but not limited to:
(i) all patents, copyright, rights in circuit layouts, registered and unregistered designs, trade marks and Inventions;
(ii) any application or right to apply for registration of any of those rights together with any rights that arise in the future in respect of the Intellectual Property;
(iii) any processes, methods, technology, systems, reports, drawings, specifications, trade secrets, technical data, research data, know-how, logos and similar intellectual property rights;
(iv) software (including source code and object code versions), databases, build files, customisations, manuals, and other technical documentation; and
(v) the right to have Confidential Information kept confidential,
but excluding any intellectual property rights which are in the public domain, open source, or are owned by and licensed from third parties.
Invention means any discovery, invention, design, development, technique, idea, method, secret process, system or improvement made or discovered by you (jointly or on their own accord), in connection with or in any way affecting or relating to the business carried on by us, or capable of being used or adapted for use by us.
Loss includes any damage, loss, cost, liability or expense of any kind and however arising (including as a result of any Claim) including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable.
Manual means the written manual provided as part of a Course, but expressly excluding our Intellectual Property and Confidential Information.
Representative means an officer, director, employee, contractor, consultant, agent, or representative of a person.
In this Deed, unless the context otherwise requires:
(i) the singular includes the plural and vice versa;
(ii) words of any gender include all genders;
(iii) alternate grammatical forms of a defined term have a corresponding meaning;
(iv) a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to this Deed;
(v) a reference to a document includes the document as novated, varied, or substituted from time to time;
(vi) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
(vii) a reference to a party is a reference to a party to this Deed and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
(viii) a reference to two or more persons is to any of them together and each of them individually;
(ix) “including” and similar expressions do not limit the generality of any provision of this Deed;
(x) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Deed or any part of it;
(xi) if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day;
(xii) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(xiii) a reference to time is to time in Sunshine Coast, Queensland, Australia;
(xiv) a reference to A$, AUD$, dollar or $ is to Australian currency;
(xv) headings and table of contents are for ease of reference only and do not affect interpretation.