Event and Site Terms and Conditions – Workshop Whisperer
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1300 31 75 76 rachael@workshopwhisperer.com

Event Terms and Conditions

Welcome to workshopwhisperer.com (our Site).

These Terms govern your purchase of tickets for, and attendance at events held by THE WORKSHOP WHISPERER PTY LTD (ACN 600 031 516) (we, us, our) and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at rachael@workshopwhisperer.com before purchasing our tickets, attending our events, using our Site, buying our products or engaging our services.

Our services are intended for users aged 18 and over.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

1 ACCEPTANCE OF TERMS
1.1 By booking or purchasing tickets, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

2 VARIATIONS TO TERMS
2.1 We reserve the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your attendance at any events, continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, your only remedy is to immediately contact us at rachael@workshopwhisperer.com.

3 GENERAL DISCLAIMER
3.1 We offer a number of services and products at our events from time to time.
3.2 You acknowledge and agree that each service or product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.
3.3 All our products and services are intended for general education and information purposes only. Nothing at our events, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer professional, legal, medical, tax or other advice. Use caution and always seek professional advice before acting on any information that we provide.
3.4 We provide support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation. See clause 4 for more information.
3.5 Any testimonials and examples within our workshop materials are not to be taken as a guarantee that you will achieve the same or similar results.
3.6 You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

4 FINANCIAL RESULTS AND PROFITABILITY DISCLAIMER
4.1 We cannot and do not make any guarantees about your ability to achieve results or earn any income with our content, ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any income as a result of your purchase of our products and/or services.
4.2 Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.
4.3 Our services are educational and coaching based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
4.4 We provide coaching and education, by supplying content, information and providing support, guidance and tools for clients i.e. you, to set goals, determine priorities and achieve results, but any decisions made, and the consequences that flow from those decisions, is your sole responsibility. Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training to your own circumstances or to that of the business you are in the employ of, considering your own personal and professional development, or your capabilities, and the general economic climate.
4.5 We cannot and do not make any guarantees about your ability to obtain personal or business results or improve business profitability in connection with our services, particularly arising from our coaching, courses, education, content, training, ideas, information, publications, templates and tools. You acknowledge that there is inherent uncertainty in any personal and professional development, professional enterprise and revenue generating activity and agree there is no guarantee that personal and professional development, efficiency, productivity or profitability will improve or increase as a result of your use and supply of our services.
4.6 Any testimonials and examples of our services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

5 REGISTERING YOUR DETAILS
5.1 You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
5.2 We may at any time request a form of identification to verify your identity.
5.3 To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.
5.4 You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
5.5 The unlawful resale or attempt to resell your booking and/or ticket is grounds for seizure and cancellation without refund or compensation. Bookings and/or tickets at events shall not be used for advertising, promotions, contests or sweepstakes, without written authorisation by us.

6 YOUR OBLIGATIONS
6.1 You must provide us with all the relevant requested information and documentation required for us to issue your ticket.
6.2 When providing our products and/or services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner.

7 CODE OF CONDUCT
7.1 Our events are a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
7.2 Whilst attending our events, we ask that you not:
(a) Contact anyone who has asked not to be contacted.
(b) Collect personal data about other users for commercial or unlawful purposes.
(c) Infringe other user’s privacy rights.
(d) Violate the intellectual property of others.
7.3 Please see our Community Guidelines in the appendix to these Terms for more information.

8 CONFIDENTIALITY
8.1 We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other product and/or services participants (Participants) and representatives of ours.
8.2 You agree:
(a) That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
(b) Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
(c) That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
(d) That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
8.3 While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

9 COPYRIGHT AND TRADE MARK NOTICES
9.1 All material at our events, or otherwise delivered by us via our membership services, including (but not limited to) information, templates, text, graphics (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
9.2 You acknowledge that you do not acquire any ownership rights by attending our events or learning Our Content.
9.3 The trade marks, logos, and service marks displayed at our events to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
9.4 Nothing contained at our events should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
9.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

10 RIGHT TO SUSPEND, TERMINATE AND REFUND
10.1 We expressly reserve the right to:
(a) Cancel/alter scheduled dates for any of our events for any reason whatsoever;

(b) Change the location of any of our events; and

(c) Substitute speakers for any of our events.

10.2 If you are unable to attend a booked event, a substitute attendee may be sent as a replacement, subject to our approval.
10.3 If you wish to cancel more than 30 days before the start of the event we will refund you 50% the ticket purchase price.
10.4 If you wish to cancel less than 30 days before the start of the event, no ticket costs will be refunded.
10.5 If you wish to transfer to another event more than 14 days before the start of the event, you may do so, subject to our approval. The new event must be attended within 12 months of the originally booked event.

11 NON-ATTENDANCE
11.1 Non-attendance of any event for any reason, including but not limited to illness, or for personal or professional reasons, does not provide the right to refunds, or a transfer to another event.

12 PRICES
12.1 All prices for our services are in Australian Dollars (AUD).
12.2 All prices are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
12.3 All prices are subject to change without notice.

13 PAYMENTS
13.1 You must pay 100% of the ticket purchase price at the time of booking.
13.2 You will receive an email within 24 hours to the email address provided with confirmation and details of your booking and/or ticket.
13.3 You must notify us immediately if there have been any mistakes with your booking, or if you have not received the confirmation e-mail within 24 hours of payment.
13.4 Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
(a) You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
(b) Failure to make payment will result in you being unable to purchase a ticket to our event.

14 DISCOUNTS, PROMOTIONS AND OFFERS
14.1 From time to time, we may offer the opportunity to purchase our tickets at a discounted or promotional price, subject to these Terms.
14.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.

15 SERVICES DISCLAIMER
15.1 All of our services are intended for general personal and business coaching, educating and training, as well as the generation of business branding for businesses and individuals. Our coaching and educational services are primarily in the form of education and training modules, or otherwise as facilitated through our events.
15.2 Nothing at our events, or any of the content provided to you by us in the supply or in connection with our services, purports to offer any professional, legal, financial, business, information technology or other advice. You acknowledge and agree that we are strategy and insights training professionals first and foremost, and that we aim to teach skills and equip you with tools and templates for your own navigation, implementation, development and use. Before acting on any recommendations and information you receive in connection with our services you acknowledge and agree to seek such other independent professional advice as required.
15.3 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our services and in accordance with our events and further acknowledge and agree that the indemnities under clause 17 are considered reasonable.
15.4 We are not a legal or financial services provider and cannot provide any legal or financial advice or business advisory services relative to the suitability of our services. You are solely responsible for determining whether our services are suitable for use in accordance with any laws and regulations that govern you, your employ within a business, and your employer’s industry.

16 LIABILITY IS LIMITED
16.1 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
16.2 We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our events, Our Community or Our Content.
16.3 In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our events, Our Community or Our Content.
16.4 These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
(a) Reliance on the completeness, accuracy, suitability or currency of information, services irrespective of any verifying measures taken by us (including third party material and advertisements).
(b) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

17 YOUR INDEMNITY
17.1 You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our events, Our Community or through use of our products or services.

18 AFFILIATES OR SPONSORS
18.1 As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
18.2 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

19 SEVERABILITY
19.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

20 NO ASSIGNMENT
20.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
20.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

21 DISPUTE RESOLUTION
21.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
21.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
21.3 In the case of claims against us, all notices are to be provided to rachael@workshopwhisperer.com.
21.4 If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by us.
21.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
21.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
21.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
21.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
21.9 This clause survives termination of these Terms.

22 APPLICABLE LAW
22.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.

23 YOUR FEEDBACK
23.1 We welcome enquiries or feedback. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
23.2 If you have questions or comments regarding this Site or our services, please email us at rachael@workshopwhisperer.com.

© Progressive Legal Pty Ltd – All legal rights reserved (2019).

These Terms were last updated in December 2019.

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