Terms & Conditions

TERMS AND CONDITIONS

These Booking Terms and Conditions (Terms) are between Katie O’Malley doing business as Katie O’Malley & Co (ABN 944 700 754 47), its successors, and assignees (referred to as “we,” “us,” or “our”) and you, the individual, organization, or entity purchasing Services from us (referred to as “you” or “your”), collectively referred to as the Parties. Terms and conditions outlined in this document referred to as “services” includes the collective of Workshops/Coaching Services/Trainings/Retreats/Therapeutic Services/Events/Classes. These Terms apply to all sales made by us to you.

You have requested the services, described on and available for order through our website: www.ignitinghearts.com (Site), via email, Eventbrite, direct phone contact or social media channels (Services).

You agree that these Terms constitute the agreement under which we will supply Services to you. Please carefully review these Terms, and feel free to reach out if you have any questions using the contact details provided at the end of these Terms. By:

1. a) utilizing or acquiring our Services, including completing our order form, or ordering our Services via email or phone to reserve your Workshop/Coaching Service/Trainings/Retreat/Therapeutic Services/Event/Class;
2. b) confirming acceptance of these Terms via email;
3. c) instructing us to proceed with the Services; or
4. d) making any payment for the Services and any Booking, as outlined in our tax invoice to you (Invoice), you acknowledge that you have read and accepted these Terms, will adhere to them, and affirm that you are 18 years or older, or possess the consent of a legal guardian who is 18 years or older.

Do not submit a Booking or place an order for the Services if you are under 18 years of age or lack the consent of a legal guardian who is 18 years or older.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST REFRAIN FROM USING OR PURCHASING OUR SERVICES OR ENGAGING IN ANY OF THE AFOREMENTIONED ACTIVITIES.

 

1. BOOKING POLICY

1.1. All bookings are subject to availability. Confirmations for retreats & trainings are contingent upon receipt of a non-refundable deposit of $500 (domestic retreats & trainings) or $1000 (international retreats & trainings). Some retreats and trainings may necessitate a lower or higher deposit, or full payment at the time of booking, details of which will be communicated to you during the booking process. Bookings for events and trainings are confirmed only upon receipt of full payment.

1.2. For retreats, the remaining payment is due 90 days prior to the commencement of the retreat, depending on the type of retreat. If your retreat is booked within 90 days of the start date, you are obligated to pay the full amount at the time of booking, or earlier, depending on the type of retreat.

1.3. Retreat participants must procure comprehensive travel insurance or have medical insurance covering attendance at our retreats & training events including, but not limited to, coverage for (overseas) medical expenses, evacuation charges, trip cancellations, and force majeure events. Training participants are advised to take out comprehensive travel insurance.

1.4. We strongly recommend obtaining travel insurance when booking an overnight retreats or trainings in Australia. Travel insurance is MANDATORY for international retreats.

1.5. Participants must be at least 18 years old or have the consent of a legal guardian to attend our group Workshop/Coaching Service/Trainings/Retreat/Therapeutic Services/Event/Class.

1.6. By remitting your deposit or paying the full amount for your Workshop/Coaching Service/Trainings/Retreat/Therapeutic Services/Event/Class, you affirm and accept our Booking Terms and Conditions.

1.7. To book your Workshop/Coaching Service/Trainings/Retreat/Therapeutic Services/Event/Class; and provide you with our Services, we may need to share your personal information with third parties comprising your Workshop/Coaching Service/Trainings/Retreat/Therapeutic Services/Event/Class. Any use or disclosure of your personal information by us aligns with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended from time to time. Refer to our Privacy Policy available on our Site.

1.8. If you are applying credit toward a retreat or event, please note the credit amount will be deducted from the Full Price of the original service, not the Early Bird Pricing.

1.9. Covid-19 Policy: Any refunds related to Covid-19 for our services (whether due to lockdown, close contact isolation, contracting Covid-19 yourself, or a close family member contracting the virus) are at the discretion of Katie O’Malley & Co. Please refer to the Covid-19 policy as stated below. We are not liable for any expenses incurred in preparation for any canceled services – whether we have assisted in planning – including but not limited to airplane tickets, other accommodation, travel insurance, airport transfers, illness, loss of work, etc.

 

2. PAYMENT POLICY

2.1a. For Retreats – Complete payment must be received at least 90 days before the commencement of the retreat/event, depending on the type of event you reserve. We will inform you at the time of booking. If you make your reservation within 90 days of the retreat starting, full payment is required at the time of booking to secure your spot. Failure to pay the full amount within this time frame results in the forfeiture of the deposit. We reserve the right to resell your place in the retreat if full payment has not been received 90 days before the retreat starts.

2.1b. Non-Refundable Deposit:

All services incur a non-refundable deposit which is stated at the time of purchase. This is required upon booking our services to secure your spot. This deposit is deducted from the total service fee.

2.1c. Payment Plans:

A mutually agreed-upon payment plan will be developed and advised upon booking between the Client and Katie O’Malley & Co. This plan will outline the frequency and amounts of payments to be made throughout the coaching services engagement. You are responsible for full payment of fees by the agreed due date. And all payments MUST be paid on schedule to further clarify NO REFUNDS will be issued.

2.1d. Lapse or Default in Payment Terms:

In the event of any lapse or default in the agreed payment terms, Katie O’Malley & Co reserves the right to cease the provision of services.

2.1e. Termination of Services due to failure of payment.

Failure to rectify payment issues within a reasonable timeframe may result in the termination of services by Katie O’Malley & Co. The termination will be communicated in writing to the Client, outlining the reasons and any steps that may be taken to resume services.

2.1f. Amendments to Payment Plan:

Any amendments to the agreed-upon payment plan must be discussed and agreed upon by both parties in writing. Katie O’Malley & Co may consider reasonable requests for adjustments in unforeseen circumstances.

2.2 For Therapeutic Services, Workshops or Classes – Full payment must be received at the time of booking, and confirmation of payment received. Failure to do so may result in the loss of your booking.

2.2.a The guest is solely responsible for any bank fees, credit card charges, Stripe, or Paypal fees incurred by transferring money.

2.3. Any services not included in the booking/event are the exclusive responsibility of the participant and must be paid for by the participant.

2.4. While most Fees for services are stated in Australian dollars, some products and arrangements are purchased in foreign currency and may be subject to applicable exchange rates. Where payment is made to the venue or hotel upon check-out, either for the room cost, wellness program, or incidentals, payment is made in the local currency of the hotel/retreat venue. Depending on your selected payment method, bank, card issuer, and/or the financial institution processing your transaction, you may be subject to additional fees and charges, including but not limited to cross border, exchange or currency conversion fees and/or transaction fees. Such fees and charges vary by country and/or currency and are subject to change at the discretion of your bank, card issuer, and/or financial institution (as applicable). You acknowledge and agree that we are not responsible for such fees and charges and the value of your purchase in Australian currency, which may fluctuate subject to change in exchange rates.

2.5. If you make payment by credit card, you affirm that the information you provide to us is true and complete, that you are authorized to use the credit card to make payment, and that your payment will be honored by your card issuer. We may conduct various checks to validate your identity and the integrity of your payment details, which may include requesting additional information from you to verify your identity.

2.6 Katie O’Malley & Co cannot be held liable for any cancellations made by third-party venues. If a venue cancels our booking, we will refund where applicable only the cost related to the ticket you hold with us. We will not refund any travel-related costs such as airline tickets, train tickets, or costs incurred by other transport providers. We will not refund any other accommodation-related costs for the dates directly prior or after our booked service event.

3. CANCELLATION POLICY

3.1. All cancellations must be communicated in writing to connect@ignitinghearts.com. It is the Participant’s responsibility to ensure contact with Katie O’Malley & Co, and verify the receipt of their message within 7days of contact, to avoid potential additional cancellation fees due to delayed notification. Katie O’Malley & Co will not be held accountable for any costs associated with messages not received or a delay in informing us of the cancellation.

The Participant must ensure the cancellation of flights, travel insurance, and any components booked outside of any services, and will adhere to the cancellation policy of each individual supplier.

PLEASE NOTE WE DO NOT ALLOW THE TRANSFER OF SERVICES FROM ONE PERSON TO ANOTHER

The following cancellation fees apply for booking cancellation requests:

3.2a. Cancellation fees for all domestic and international Services are as follows:

Cancellations received:

• Retreats – Prior to 90+ days from the start of the booked retreat date: You will forfeit the non-refundable deposit. If payment in full has been made, you may transfer the remainder of this payment – minus the non-refundable deposit – to a future retreat, to be used within 12 months from the date of booking, or request a refund where applicable, minus the balance of the deposit. If a service credit or exchange has been issued, confirmation of the intention to redeem the credit on a future service MUST be advised in writing within 30days of the credit being issued. Failure to do so renders the credit void.
• Between 0 and 89 days prior to the start date of your booked retreat: No refund or transfer of service or credit is allowed, and you will forfeit 100% of your fees paid, including the deposit.
• COVID-19: Please note we are unable to offer a refund if you cannot participate in your agreed service due to having to isolate as a close Covid-19 contact with a friend or family member. We cannot offer a refund if you contract Covid-19 yourself and are unable to participate in your booking. We highly recommend you purchase travel insurance for any Covid-19 related cancellations or delays.
• Any refunds processed to you are at the discretion of Katie O’Malley. Credit card fees and payment processing fees generated by automated booking systems or banking fees will not be refunded.
• Travel insurance is mandatory for attending our overseas services, and highly recommended for domestic services.

3.2b. Cancellation fees for our Therapeutic Services / Workshops / Events & Classes are as follows:

Cancellations received:

• You may transfer 100% of your payment to a future event via a service credit If a service credit or exchange has been issued, confirmation of the intention to redeem the credit on a future service MUST be advised in writing within 30days of the credit being issued. Failure to do so renders the credit void.
• 72 hours notice is required in writing prior to the start date of your booked service: No refund or transfer is allowed, and you will forfeit 100% of your fees paid, including any deposit paid.
• COVID-19: Please note we are unable to offer a refund if you cannot join the event due to having to isolate as a close Covid-19 contact with a friend or family member. We cannot offer a refund if you contract Covid-19 yourself and are unable to participate in the service
• Credit card fees and payment processing fees generated by automated booking systems or banking fees will not be refunded.

 

3.3. Due to our commitment to accommodation providers, instructors, tour operators, transport companies, etc., we cannot make any exceptions to the above-mentioned cancellation fees for any services provided, even if you are unwell or have a change of mind. We do not offer any credit for arriving late or departing early, missing activities, or not using any part of the scheduled program. Any refunds provided are at the discretion of Katie O’Malley & Co. We strongly recommend you purchase travel insurance for domestic retreats. Please note travel insurance is mandatory for overseas retreats.

3.4. You must submit proof of travel insurance (international services) at least 90 days before the commencing date. If you have made your booking within 90 days of the start date, your documents are due within one week of booking. Guests who fail to do so may be subject to an automatic cancellation and the above cancellation policy will apply.

3.5. If Katie O’Malley & Co is forced to cancel or change one of our scheduled services or their dates for any reason, excluding force majeure (see clause 3.7), you may transfer your full payment to another service date within a 12-month period, subject to availability.

3.6. We are not responsible for any expenses incurred in preparation of any cancelled services – whether our own group services we have helped plan – i.e. airplane tickets, other accommodation booked, travel insurance, airport transfers, illness, loss of work, etc.

3.7. We will not be liable for cancellation, failure of, or delay in performing our obligations under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity, or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo or epidemic) or if certain conditions present unacceptable danger to the participant.

3.8. In the event of a cancellation or refund, we are not responsible for any currency fluctuations and will refund the original amount from the original invoice.

3.9. Any changes to your Itinerary or Schedule after we issue your Booking Confirmation, including but not limited to any changes to names and cancellation requests, may incur additional fees and charges in accordance with Third Party Terms.

4. PRICES AND SCHEDULES/ITINERARIES

4.1. Prices and Schedules/Itineraries displayed on the website, social media & digital platforms are subject to potential changes. We retain the right to modify service prices or prices of individual add-on components without prior notice. Pre-existing bookings that have been fully paid or for which a deposit has been made will maintain their original price as stated in the invoice.

4.2. We retain the right to alter our initial service program and schedule or individual services due to extraordinary circumstances (e.g., external forces, governmental regulations, third-party delays, weather and oceanic conditions, etc.). Service schedules and itineraries, including any activities and workshops included, are subject to change at any time without prior notice.

4.3. We reserve the right to modify the service location due to unforeseen issues (e.g., third-party delays or problems, construction, etc.). We will endeavour the standard remains consistent across all partnering venues, if this is not possible a service credit will be offered in compensation.

4.4. The price of a Venue or Individual Services provided by Third Parties and any components therein is subject to change at the discretion of the third-party supplier offering any goods or services contained in your booking request. The Fees displayed regarding an Itinerary will be current at the time you make the booking.

5. LIABILITY

5.1. To the extent permitted by law, neither Katie O’Malley & Co nor any of its directors, partners, employees, or contractors accept any liability for any injury, damage, loss (including consequential loss), delay, additional expense, or inconvenience caused directly or indirectly by the acts, omissions, or default, whether negligent or otherwise, of third-party providers over whom we have no direct control and is not preventable by reasonable diligence on our part. As the service operator, we make arrangements with other parties to provide you with some of the services. These parties are independent suppliers over whom we have no direct control. Katie O’Malley holds no responsibility for independent contractors (or weather conditions) changing services. Katie O’Malley is not responsible for any claims, losses, damages, costs, or expenses arising out of injury, accident, or death, damage, loss, or delay of baggage or other property; or delay, inconvenience, loss of enjoyment, or frustration, whether physical or mental resulting from:

(1) the act or omission of any party, including Katie O’Malley or its employees;

(2) mechanical breakdown, government actions, weather, or other factors beyond our control;

(3) your failure to read information provided and follow instructions, including, but not limited to, obtaining sufficient travel protection & health insurance and providing correct & complete personal, health and travel information;

(4) your cancellation or change for any reason in travel services offered; and

(5) your medical or health problems or physical disabilities.

5.2. You acknowledge that you voluntarily take part in any service and in any activities, classes, and excursions arranged by us, venues, organizers, or third-party hosts, and, insofar as legally permissible, waive your right to hold any of the organizers responsible for any loss or damage to person or property that occurs during our services.

5.3. Katie O’Malley reserves the right to change this policy at any time. The current policy is always applicable.

5.4. It is your responsibility to check the details contained in your Booking Confirmation, including your full name(s), the dates, and location of your Service (as applicable) before confirming and providing payment of the applicable Fees.

5.5. We act as your Service Provider to book your Services, which are subject to Third Party Terms. By agreeing to these Terms, you hereby authorize us as your agent to: make the bookings on your behalf; and arrange the relevant contract between you and each third-party service provider. Any Service Itinerary booked by you is subject to Third Party Terms and, subject to these Terms, your legal right with regards to any aspect of the Service is between you and the party identified in the Third Party Terms and the Australian Consumer Law.

5.6. Third parties who are not our employees or our direct contractors, including but not limited to suppliers of any goods or services offered under a Service, will be your responsibility. Such third parties reserve the right to cancel and reschedule your booking due to unforeseen circumstances. To the fullest extent permitted by law, we are not responsible for the products or services provided, or any change or cancellation, by those third parties.

5.7. Participants must notify Katie O’Malley & Co of any dietary restrictions and allergies at the time of booking. Please note: as we work with several venues, hotels, and resorts, we might not be able to cater to all food restrictions. Please check with us prior to making full payment, and we will check with the venue or provider for you.

5.8. By submitting a booking request and confirming your booking, you automatically agree to our Liability Waiver:

In consideration of the services of Katie O’Malley & Co, their agents, owners, officers, volunteers, participants, employees, service suppliers, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Katie O’Malley & Co”), you hereby agree to release, indemnify, and discharge Katie O’Malley &Co, on behalf of yourself, your children, parents, your heirs, executors, administrators, assignees, personal representatives, and estate as follows:

1. You acknowledge that our services provided have unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. You understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Your participation in all activities is purely voluntary, and you expressly agree to assume the risk of injury or damage while participating in all activities during your service and are not grounds for a refund or discount. Furthermore, Katie O’Malley & Co guides and instructors have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

B.1 Before enrolling in any coaching, workshops, retreats, trainings, or offerings, it is mandatory that you engage in a direct discussion with us regarding any medical, mental health concerns, medications, or substance use. Our services are not advisable for individuals heavily reliant on medication, experiencing severe mental health conditions, or under psychiatric supervision – unless directly referred from Health Professional. We have diligently endeavored to accurately portray our Services and its potential benefits; however, we do not guarantee identical outcomes for all participants. The realization of individual outcomes is contingent upon numerous factors, including personal background, level of commitment, intrinsic motivation, and dedication to the program. By enrolling in our services you affirm that you are not under extensive psychiatric care without prior consultation to attend the service, nor are you under acute psychological treatment or heavily reliant on medication for mental health conditions.

B.2 You acknowledge that you have disclosed any potentially life-threatening allergies to the facilitators of your booked service organized by Katie O’Malley &Co. You authorize the facilitators and designated medical personnel to administer necessary medication or treatment in the event of an allergic reaction or other medical emergency related to your disclosed allergies. You release the facilitators, organizers, and third-party personnel from any liability for the administration of medication or treatment, including any undesirable outcomes or complications that may arise.

1. You acknowledge you wish to participate voluntarily in any service in the use of products included but not limited to using, extracts, essential oils, scents, herbal products. You hereby waive, release, and discharge Katie O’Malley & Co and/or Third Part Providers for all liability for or by reason of any damage, loss, or injury to yourself, and you have notified Katie O’Malley & Co of any allergies or sensitivities.
2. As a result, you acknowledge that your participation in any and all activities, utilization of accommodations & services, and acceptance of all associated risks constitute voluntary actions. Consequently, you assume all liability for any injury, illness, damage, or loss to person and property that may arise, including, but not limited to, any loss of personal property. You explicitly agree and commit to embracing and accepting all inherent risks associated with the activities offered in connection with our services. Moreover, you recognize that these risks encompass, but are not confined to, potential occurrences such as sprains, strains, broken bones, paralysis, and even fatality, as well as physical exhaustion.
3. You certify that you have adequate travel protection insurance should you need to cancel or change your travel plans, and you certify that you have adequate health insurance to cover any injury or damage you may cause or suffer while participating in any of the activities or services, or else you agree to bear the costs of such injury or damage yourself. You further certify that you are willing to assume the risk of any medical or physical condition you may have.
4. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Katie O’Malley & Co, Katie O’Malley, and its officers, employees, and suppliers against all claims of losses, causes of action, damages, or expenses of claim and against any costs, including legal fees, that may be incurred as a result of any such claims, losses, damages, or expenses, whether valid or not, including any such claims which alleged negligent acts or omissions of Katie O’Malley & Co.
5. Should Katie O’Malley & Co or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, you agree to indemnify and hold them harmless for all such fees and costs, and you declare not to take any legal action in any country.
6. You are responsible for any damage that may occur at the participating venue during your stay and may be invoiced by the venue accordingly.
7. You acknowledge that if anyone is hurt or property is damaged during your participation in a service, you may be found by a court of law to have waived your right to maintain a lawsuit against Katie O’Malley & Co or Katie O’Malley on the basis of any claim from which you have released them herein. This is to certify that Katie O’Malley & Co, its employees & suppliers are released from any responsibility for any loss, mishap, accident, injury, or death that may occur during my participation in any engaged service with Katie O’Malley & Co.
8. You are responsible to settle any incidentals (drinks, mini-bar, or anything consumed at the venue that is not part of the service inclusions) before leaving the venue.
9. You acknowledge that photographs and images taken during the service that include you can be published by Katie O’Malley & Co for the company’s marketing purposes only.

 

6. PASSPORT, COVID-19 AND VISA INFORMATION FOR OVERSEAS SERVICES

6.1. Regulations regarding passport validity differ among nations, and several governments stipulate a minimum validity of 6 months beyond the intended stay period. Additionally, passports must have at least four blank pages to be deemed valid for travel.

6.2. When traveling or transiting through a country, you are responsible for ensuring the possession of valid passports, visas, visa waivers, re-entry permits that comply with the requirements set by local immigration and/or government authorities.

6.3. It is your duty to stay informed about any rules and regulations related to Covid-19 testing, entry requirements, and travel guidelines. All costs associated with Covid-19 testing, as well as any future expenses stemming from Covid-19-related cancellations, incidents, medical bills, delays, and other unforeseen circumstances, are your responsibility.

6.4 Comprehensive Overseas travel insurance is MANDATORY. Proof must be provided within 30 days of booked service.

7. HEALTH OVERSEAS

7.1. Before embarking on your journey, it is crucial to consult a health professional to confirm that you have the necessary vaccinations for your trip, including any required booster doses of childhood vaccinations. The Australian Government advises scheduling an appointment with your doctor or a travel clinic for a basic health check-up and to discuss health requirements (vaccinations, etc.) and any precautions applicable to your travel destinations. In addition to health risks, certain countries may restrict travel without proof of immunization, and the World Health Organization provides health information for overseas travelers.

7.2. If you need to carry medication abroad, it is essential to verify its legality in the destination country. In some instances, a letter from your doctor detailing your medical condition and a comprehensive list of required medication may be necessary. Generally, medications should be carried in their original packaging and clearly labelled. For more medical information, consult your local doctor.

7.3. Some countries mandate tourists to provide proof of medical coverage (via travel insurance) for entry. Hence, it is highly recommended that you keep a copy of your policy with you at all times while traveling.

7.4. Ensuring that you have all the required vaccinations for Covid-19 is your responsibility. Any costs incurred due to being denied access to a country or state in Australia are at your own expense.

8. COMPLAINTS

8.1. Should you have any feedback or encounter an issue during your Service/s, kindly notify the Service leader promptly. The leader will make every effort to address and resolve your concern. Please be aware that we are not accountable for the individual behavior of any group member or guest sharing your room/accommodation, or participating in your group facilitated service.

8.2. In the event of a dispute between the Parties regarding these Terms, the Parties agree to follow the outlined dispute resolution procedure:

– The complainant must communicate the nature of the dispute, the desired outcome, and the proposed resolution to the respondent in writing within 7 days of the incident or issue arising. In matters of dispute resolution, the complainant bears the responsibility to promptly initiate, respond to, and maintain effective communication with the facilitator or authorized representative. This includes acknowledging receipt of written communications, providing necessary information or documentation as requested, and engaging in good faith efforts to resolve the dispute in a timely manner. Failure to adhere to these communication responsibilities may impact the facilitator’s ability to address the concerns or reach a resolution, and may result in delays or other consequences as deemed appropriate by the facilitator.

– If an agreement on dispute resolution cannot be reached, any Party may opt to involve a mediator. With the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both based within 100kms of each other.

– In the event of disagreement on the choice of a mediator, the complainant will seek the assistance of the Law Society of Western Australia to appoint a mediator.

– The mediator will determine the time and location for mediation, and the Parties are obligated to participate in the mediation in good faith, aiming to amicably resolve the dispute.

– We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation has been exhausted.

– If a dispute arises, we all agree that we will not engage in any public discussion about the issues, we will behave politely towards each other, and we will avoid any conduct or communication that might reasonably be expected to be detrimental to any other person’s business or personal interests.

– Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Western Australia, and the Commonwealth of Australia, will have exclusive jurisdiction.

8.3. Any efforts by the Parties to settle a dispute as per this clause are conducted without prejudice to other rights or entitlements of the Parties under these Terms, by law, or in equity.

 

9. YOUR OBLIGATIONS AND WARRANTIES

9.1. Throughout the term of these Terms, you warrant that:

1. a) There are no legal restrictions preventing you from agreeing to these Terms.
2. b) You will cooperate with us and provide information reasonably necessary for the performance of the Services, complying with these requests promptly. This may include, but is not limited to, your name, gender, contact details, payment details, passport details.
3. c) The information you provide to us is true, correct, and complete.
4. d) You will not infringe any third-party rights in working with us and receiving the Services.
5. e) You will promptly inform us of reasonable concerns related to our provision of Services, with the intention to resolve concerns through reasonable efforts.
6. f) You are responsible for obtaining any necessary consents, licenses, and permissions from other parties for the Services to be provided, at your cost, and for providing us with the necessary consents, licenses, and permissions.
7. g) You consent to the use of your name and Intellectual Property in relation to the Services in a way that may identify you.
8. h) If applicable, you hold a valid ABN which has been advised to us.

 

10. OUR INTELLECTUAL PROPERTY

10.1. The Materials contain material owned by or licensed to us, protected by Australian and international laws. We own or hold the appropriate license to the Intellectual Property rights in the Materials, including but not limited to copyright.

10.2. As between you and us, we own all Intellectual Property rights in our Materials. Nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.

10.3. Your use of our Materials does not grant you a license or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.

 

10.4. Do not breach our Intellectual Property rights by:

1. a) Altering or modifying any of the Materials.
2. b) Creating derivative works from the Materials.
3. c) Using our Materials for commercial purposes such as on sale to third parties.

10.5. This clause will survive the termination of these Terms.

11. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS

11.1. If you provide information, including any Intellectual Property, you:

1. a) Warrant that you have all necessary rights to provide the Intellectual Property.
2. b) Grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide, and transferable license to use the Intellectual Property to provide the Services.
3. c) Consent to any act or omission that would otherwise constitute an infringement of your Moral Rights.

 

11.2. If you (or any employee or agent) have Moral Rights in any Intellectual Property provided to us:

1. a) Irrevocably consent to any amendment of the Intellectual Property by us.
2. b) Irrevocably consent to us using or applying the Intellectual Property without attribution of authorship.
3. c) Agree that your consent extends to acts and omissions of any of our licensees and successors in title.
4. d) Agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statement.

11.3. This clause will survive the termination of these Terms.

12. TERMINATION

12.1. Either Party may terminate these Terms in the event of a material breach, following the dispute resolution procedure.

12.2. We reserve the right to terminate these Terms immediately, at our discretion, if:

1. a) We deem a request for the Service inappropriate, improper, or unlawful.
2. b) You fail to provide clear or timely instructions and/or requested information for us to provide the Services.
3. c) We perceive a breakdown in our working relationship, including a loss of confidence and trust.
4. d) Your actions reasonably lead to the disrepute of us or our Site.
5. e) Incorrect payment details or any other inaccurate information is provided by you.
6. f) An invoice is overdue, and you fail to pay within 14 days of a written demand for payment.
7. g) Any other reason outside our control compromises our ability to perform the Services within the required timeframe.

 

12.3. Except for your rights under Australian Consumer Law, termination of these Terms results in the agreement that any Deposit and some payments made are non-refundable. You are obligated to pay for all Services provided before termination, including those performed and not yet invoiced.

12.4. Upon completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your agreement to these Terms authorizes us to retain or destroy documents in accordance with statutory periods or upon termination of these Terms.

12.5. The termination of these Terms does not affect the accrued rights, obligations, and remedies of the Parties.

13. CONSUMER LAW, LIMITATION OF LIABILITY, AND DISCLAIMERS

13.1 ACL: If you are a consumer as defined in the Australian Consumer Law as set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to limit liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

13.2. Refunds: Your rights to a refund for any of the Fees paid is subject to your rights under the ACL or corresponding foreign law that may apply to any service purchased from us, in relation to these Terms and Third Party Terms. Subject to your rights under the ACL, some Fees are non-refundable for change of mind by you as set out in our Service Agreement. If any cancellation fees apply for any change or cancellation for a Service we will notify you. Any applicable refund will be made via the same payment method used to pay the Fees. Please note venue refunds may not be received instantly by us. Whilst we will use reasonable endeavours to assist you with any applicable refund, your rights and any payment of a refund is subject to the third party provider and beyond our control.

13.3. Delay:

– We are not liable for a delay in Service performance due to your delayed response or provision of incomplete or incorrect information.

13.4. Referral:

– Providing contact details of third parties is not an endorsement.

– We disclaim responsibility and liability for third-party advice or services.

13.5. Warranties:

– All express and implied warranties are excluded to the extent permitted by applicable law.

– Material and work are provided without warranties, including implied warranties of merchantability and fitness for a particular purpose.

13.6. Availability:

– We are not liable for Services or Venues being unavailable or sold out.

– We disclaim liability for various Claims arising from your inability to access or use our Services.

13.7. Accuracy of Information:

– We make no representations or warranties about the completeness, accuracy, or reliability of information on the Site.

– Users should conduct independent research and use information at their own risk.

13.8. Survival:

– This clause will survive the termination of these Terms.

 

14. GENERAL

14.1. Electronic Communication:

– You acknowledge our ability to send and receive electronic mail.

– You release us from claims related to unauthorized actions after transmission, document delay, non-delivery, or system damage.

14.2. Relationship of Parties:

– These Terms do not create a partnership, joint venture, or employer-employee relationship between the parties.

14.3. Assignment:

– These Terms are personal, and you must not assign rights or obligations without our prior written consent.

14.5. Force Majeure:

– We are not liable for obligations affected by force majeure events, including natural disasters, war, terrorism, labor disputes, government actions, or epidemics.

14.6. Notice:

– Notices must be in writing and addressed to the recipient’s provided address.

– Notice delivery is deemed after 48 hours for post and at the time of transmission for email.

14.7. Jurisdiction & Applicable Law:

– These terms are governed by the laws of Western Australia and the Commonwealth of Australia.

– Each Party submits to the exclusive jurisdiction of the courts operating in Western Australia.

14.8. Entire Agreement:

– These Terms and referenced documents constitute the entire agreement, superseding any prior oral or written arrangements between the Parties.