1. Phhnix Events and Education Pty Ltd ABN 88647146496 (Phhnix Events and Education) owns and operates this website (http://www.createanddominate.live/) and is referred to as ‘we’, ‘us’ and ‘ours’ and includes any successors, assigns or licensees. You must read these Terms and Conditions before purchasing any goods or services provided by Phhnix Events and Education.
2. When you place an order via our Website for the goods or services provided by Phhnix Events and Education, you acknowledge that you have read, understood, accept and agree to be bound by these terms and conditions (Ts & Cs), and agree that the Order, together with these Ts & Cs, forms a legally binding contract between you and Phhnix Events and Education (our Agreement).
3. Unless otherwise agreed by us, the purchase price for the goods or services plus GST where applicable is payable at the time of placing an Order. We only accept payments for Orders by way of credit or debit card.
4. Unless otherwise stated all prices quoted by us are inclusive of Goods and Services Tax.
5. We hold the right to vary our fees and charges at any time without notice to you.
6. Please choose carefully. We do not give refunds if you change your mind or make the wrong decision.
7. If you have purchased an Order relating to a Conference event (excluding Online Course) and you experience an extenuating circumstance which results in your inability to attend that Conference event, then you must notify us in writing at least 7 days prior to the Conference event start date of this fact. At our discretion, we will consider valid requests and offer to transfer the purchase price of your Order or ticket to a future dated Conference event. Please contact us at firstname.lastname@example.org to discuss.
Limitations of Liability, Releases and Indemnities
8. The entities and persons released are described as follows: Phhnix Events and Education Pty Ltd and its successors, assigns and licensors, and the directors, officers, contractors, agents, employees, volunteers, representatives, and agents of the aforementioned, and the activity speakers, holders, sponsors, and their assigns (the Released Entities & Persons).
9. By entering into this Contract, you acknowledge and agree to assume all liability for the risks of participating in any and all activities, programs, courses, Conferences and events associated with Phhnix Events and Education. This includes, but is not limited to, any risks that may arise from negligent or careless acts or omissions on the part of the Released Entities & Person, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of possible liability without fault. We do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
10. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, pandemic, industrial action and action or inaction by a government agency.
11. We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
12. Our liability for failure to comply with a consumer guarantee is limited to: (a) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and (b) in the case of services supplied by us, the supply of the services again or the payment of the cost to the customer of having the services supplied again.
13. No attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
14. In all other respects, our total liability for loss or damage of every kind, whether: (a) arising pursuant to the terms of service; or (b) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
15. You agree to WAIVE, RELEASE, AND DISCHARGE the Released Entities & Persons from any and all liability, including but not limited to, liability arising from the negligence or fault of the Released Entities and Persons, for your death, disablement, personal injury, for property damage and theft, infringement of your intellectual property or a third party’s intellectual property, your business success or failure, its profitability, it’s failure or inability to make profit, or actions or inaction of any kind which may (or may not) occur to you which includes your personal traveling and accommodation commitments and expenses.
16. You agree to INDEMNIFY, HOLD HARMLESS, on an indemnity basis, AND PROMISE NOT TO COMMENCE LEGAL PROCEEDINGS AGAINST, the Released Entities & Persons from and against any and all damage, actions, proceedings, orders, judgments, liabilities and claims, demands whatsoever and howsoever arising out of or in respect to the supply of the goods or services by us, your commitment or participation in any activity, course, Conference or other event, and against all direct, indirect, consequential or special damage, loss, cost, or expense (on an indemnity basis) that you have or may suffer or that you incur and any third party.
17. Each of the parties acknowledge that, in entering into the Agreement, it does not do so in reliance on any representation, express and implied warranties, guarantees and conditions or other provision, except as expressly provided in the Agreement. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
18. You are not entitled to set off against, or deduct from the fees or costs, any sums owed or claimed to be owed to you by Phhnix Events and Education nor to withhold payment of any invoice because part of that invoice is in dispute.
19. The specifications and design of the goods and services (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property whether registered or unregistered, globally and/or domestic) remain our property. You agree that any enhancements to intellectual property developed during the provision of the Services by Phhnix Events and Education to You are also owned by Phhnix Events and Education, regardless of how the enhancement comes about or is created. You agree to sign any and all documentation required to give effect to this clause including any Deed of Assignment of Intellectual Property.
20. You agree that any information, templates, documents or materials, whether in writing or not, are provided to you by us in the provision of the goods and services. You agree that you will not publish, distribute, exploit, sell, resell, profit from or make available to any other person or third parties, or allow any other person to do so.
21. I hereby irrevocably consent to, assign and grant to Phhnix Events and Education and/or its representatives, agents and related entities the right and permission to use and publish any photographs/film/video tapes/electronic representations and/or sound recordings made of me or my appearance for whatever purpose including, but not limited to, promotional, commercial, and marketing purposes, whether or not accompanied by any narration or dialogue, by any present or future media or means known or unknown
22. I hereby waive, release and forever discharge Phhnix Events and Education and all persons acting under its permission or authority from all claims, actions, and liability relating to such use and publication. I acknowledge
23. I hereby irrevocably authorise the reproduction, edit, duplication, adaption, copying, enhancement, creation of derivative works, exploitation, sale, copyright, exhibit, assign, license, sublicence, broadcast, electronic storage and/or distribution of said photographs/film/video tapes/electronic representations and/or sound recordings without limitation, licence and royalty free, across all present and future media and in perpetuity at the discretion of Phhnix Events and Education and whether for profit or otherwise.
24. I understand and waive any rights to any compensation or payment or any form of remuneration now or in the future in consideration for the above consent.
25. I ACKNOWLEDGE THAT THE INTELLECTUAL PROPERTY OF ALL CONTENT TAUGHT DURING THE PHHNIX EVENTS AND EDUCATION EVENTS AND ITS ASSOCIATED ENTITIES AND PERSONS REMAINS THE INTELLECTUAL PROPERTY OF PHHNIX EVENTS AND EDUCATION PTY LTD, AND THAT ANY UNAUTHORISED USE OF THIS INTELLECTUAL PROPERTY IS STRICTLY PROHIBITED. I acknowledge that I will be trained in material considered “trade secret” and confidential in nature. I agree to not disclose any confidential information, concepts, techniques and comments, whether in writing or otherwise relating in any way to an Order or course or Conference event and about the seminar service of any kind to others, via forum, message boards, private emails, blogs or other venue.
26. You agree to indemnify Phhnix Events and Education against all costs, expenses, actions or claims directly or indirectly incurred or suffered by us as a result of any breach of this Agreement by you. If I do disclose any information about the seminar services then I admit to damages and breach of contract and will be subject to civil litigation and damages. I agree to not create, nor partner nor associate with any person, any kind of product related to Phhnix Events and Education, including but not limited to e-books, special reports, audio or video files, public postings of content, or any other derived materials. I shall not record any portion of the seminar service.
27. You agree to indemnify and hold harmless Phhnix Events and Education and its directors, officers, employees, contractors, agents and affiliates, form and against from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) that you may suffer as a result Phhnix Events and Education 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.
28(a). Phhnix Events and Education reserves the right to alter terms and conditions with prior notice.
28(b). Phhnix Events and Education may cancel the Agreement, or postpone any date under the Agreement, at any time, by giving reasonable notice to you.
28(c). If you provide Phhnix Events and Education with an email address, then they respectively authorise The Phhnix Events and Education to use that address to send electronic communications including updates, newsletters, marketing activities and invitations.
28(d). The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
28(e). No right under this agreement is waived or deemed to be waived except by notice in writing signed by the party waiving the right. The failure to exercise, or any delay in exercising, any right, power or remedy by a party does not operate as a waiver or an election to abandon the right to exercise any right, power or remedy.
28(f). Where any clause or part of a clause is Ineffective it may be severed without affecting any other part of this agreement.
28(g). These terms of service are governed by and construed in accordance with the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of that governing jurisdiction.