Cruise Events Pty Ltd (ACN 617 210 456) trading as Elite Seminars
ELITE SEMINARS - EVENT TERMS AND CONDITIONS
These Event Terms and Conditions (“Event Terms”) apply to Elite Seminars’:
1. face-to-face workshops;
3. networking events;
4. all live webinars; and
5. any other Elite Seminars events, courses or programs (including assessments),
(each an "Event"), unless the Event has its own specific terms, in which case those terms will apply to the extent of any inconsistency with these Event Terms.
These Event Terms govern Cruise Events Pty Ltd ACN 617 210 456 trading as Elite Seminars ("Elite Seminars") and each person ("Attendee, You or Your") who has either:
(1) registered or enrolled to attend or participate in an Event; or
(2) been invited by Elite Seminars to attend the Event.
In these Event Terms, the term “Registration” includes “Enrolment”, and “Register” (which includes “Enrol”) has a corresponding meaning.
Please read these Event Terms carefully as they contain important information. You acknowledge that You have read and agree to be bound by these Event Terms upon:
(1) submitting Your Registration to Elite Seminars (whether hard copy, electronic or by telephone); or
(2) attending or participating in the Event if You are not required to Register for the Event.
1.1 Your Registration is subject to acceptance by Elite Seminars, which will be confirmed in writing (including but not limited to email) ("In Writing") after Elite Seminars has received Your fully completed Registration, the fee (if required) related to your registration ("Fee") and any required supporting documents. Elite Seminars may in its absolute discretion for any reason refuse to accept Your Registration.
1.2 Elite Seminars’ preferred method of Registration is online. If You encounter difficulties with online Registrations, please contact us.
1.3 Elite Seminars may provide offline Registrations via phone, email or mail. Elite Seminars will use its best efforts to process offline Registrations within one (1) working day of receipt.
1.4 If Elite Seminars has invited you to attend the Event without the need to Register and / or make any payment, You must provide Your confirmation of attendance to Elite Seminars within the time specified in the invitation (if any) in order for Elite Seminars to register You for the Event.
1.5 The Fee for the Event is correct at the time of publication. Elite Seminars reserves the right to change the Fee at any time but changes will not affect Registrations which have already been paid and confirmed In Writing by Elite Seminars.
1.6 Attendees travelling from overseas or out of state locations should obtain an Event confirmation from Elite Seminars before confirming their travel arrangements. You remain solely responsible for any travel arrangements (including accommodation, meals, insurance and incidentals) that you make including the costs thereof.
1.7 A 1% surcharge on any Fees is imposed for payment of manually generated invoices by credit card (“Credit Card Surcharge”). Any Credit Card Surcharge is non-refundable in all circumstances.
2. Cancellation or transfers by Attendee
2.1.1 Notification of cancellation of Your Registration for the Event may be made in writing and sent to Elite Seminars by mail or email to the attention of your local Elite Seminars office (“Notification”). Any refund (if applicable) will be made via the same payment method as the original receipt of funds. Where a cancellation is made six (6) months or more after Registration, You may be required to provide supporting documentation, such as proof of purchase. The Notification must include all relevant information regarding the bank account to which a possible refund may be remitted.
2.1.2 If the notification is received by Elite Seminars at least twenty-two (22) full working days before the date of the Event ("First Cancellation Date"), Elite Seminars will provide You with a refund of the Fee minus any reasonable administration costs (as determined by Elite Seminars) (currently $33.00).
2.1.3 If the notification is received by Elite Seminars less than twenty-two (22) full working days before the date of the Event and at least eight (8) full working days before the date of the event ("Final Cancellation Date"), Elite Seminars will provide You with a refund of one half of the Fee minus any reasonable administration costs (as determined by Elite Seminars) (currently $33.00).
2.1.4 No refunds will be made for cancellations received after the Final Cancellation Date.
2.1.5 Subject to clauses 2.1.2 and 2.1.3, no refunds will be given for Your cancellation of, or non-attendance at, any part of an Event. To avoid doubt, this clause 2.1.5 also applies to multi-day Events (being those Events held across more than one day). For example, if You Registered for a two-day workshop, there is no refund for day one of that workshop if You only attend day two.
2.1.6 In addition to clauses 2.1.2 – 2.1.5 inclusive hereof, the cost of any education material already dispatched to you, at the time you notify us of your cancellation, is non-refundable. If you are eligible for a full refund or a partial refund and educational material has already been dispatched, we will deduct the costs of the educational material plus postage fees incurred by us, from your refund (where You are eligible for a refund).
You may transfer your Event booking to another Event booking of the same Fee by notifying Elite Seminars in writing at least twenty-one (21) full working days prior to the scheduled date of the Event. You may be required to first cancel Your existing Event Registration for a refund, and re-register for the new Event. Any Transfers are subject to the applicable Fee for the Event that You are seeking a transfer to.
2.3.1 Subject to clauses 2.3.2 – 2.3.5 inclusive, You may substitute a “like” person to attend an Event in Your place (“Substitution").
2.3.2 Elite Seminars will permit a Substitution at its sole discretion (which will not be unreasonably withheld).
2.3.3 Additional Fees such as Registration fees may be applicable to a Substitution.
2.3.4 Where a Substitution is permitted by Elite Seminars, You must advise Elite Seminars of any Substitution at least five (5) full working days prior to the Event.
2.3.5 Any materials that are issued to You for the purposes of an Event will not be re-issued to a substitute or replacement attendee. You will be solely responsible for ensuring that the substitute or replacement attendee has the required material in order to prepare for and attend the Event.
2.4 Unsuccessful candidates
2.4.1 For Events that require You to successfully pass all elements of the Event program and associated assessments in order to be issued with a certificate of successful completion, a refund of any part of the Fee is not available to You if you do not successfully pass the Event program and required assessments (and no certificate of successful completion is issued to you).
2.4.2 Where You attend an Event requiring that You pass all elements of the Event program and associated assessments in order to be issued with a certificate of successful completion (“Certificate"), and you do not pass the final assessment only, Elite Seminars may at its sole discretion permit You to re-attempt the final assessment of the Event program on one occasion only with another course provider (“Re-attempt”). If you successfully pass Your Re-attempt then, subject to confirmation of same by the other course provider to Elite Seminars, You will be issued with a Certificate by Elite Seminars for no additional Fee.
3. Elite Seminars’ rights
3.1 While Elite Seminars endeavours to provide any Event on the basis on which it is advertised, Elite Seminars reserves the right at any time to (“Cancellation or Amendment"):
(a) change the format, participants, content, location and timing or any other aspect of the Event;
(b) postpone the Event or any part of the Event; or
(c) cancel the Event or any part of the Event, and will not be liable for any damages, costs, losses or expenses of any kind incurred or suffered by You as a result of or in relation to Elite Seminars modifying, postponing or cancelling the Event or any part of the Event.
3.2 In the event of any Cancellation or Amendment of an Event by Elite Seminars:
(a) Elite Seminars will on a best endeavours basis make a full refund of the Fee to You (subject to any out of pocket expenses of costs of Elite Seminars including any Credit Card Surcharge); and
(b) in no circumstances will Elite Seminars be liable to You for Your out of pocket expenses arising from the Cancellation or Amendment including for any travel arrangements (including accommodation, meals, insurance and incidentals).
4. Your rights and obligations at the Event
4.1 Elite Seminars reserves the right, without any liability, to refuse admission to, or to eject You from the Event, in its absolute discretion, including (without limitation), for failure to comply with these Event Terms or if in the opinion of Elite Seminars You represent a security risk, nuisance or annoyance to the running of the Event.
4.2 You agree to comply with all reasonable instructions issued by Elite Seminars or the operator of the venue for the Event.
4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at the Event and/or in or at the venue.
4.4 You acknowledge that You may be filmed, sound recorded and/or photographed by Elite Seminars, the media or any other party at the Event and Elite Seminars may use or approve the use of the film, sound recording and/or photograph for any purpose and in any way whatsoever.
5. Limitations of liability and indemnity
5.1 Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may impose guarantees, warranties, conditions and obligations on Elite Seminars ("Consumer Guarantees"). If any of these Event Terms are inconsistent with a Consumer Guarantee, the Consumer Guarantee will apply to the extent of such inconsistency. To the extent permitted by law Elite Seminars’ liability and Your sole remedy will be limited to the refund of the Fee paid to Elite Seminars. Subject to any applicable Consumer Guarantees, all guarantees, representations, conditions and warranties of any nature are expressly excluded.
5.2 Subject to any Consumer Guarantees and to the maximum extent permitted by applicable law, Elite Seminars, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these Event Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) that You may incur or suffer arising out of or in connection with the Event.
5.3 You agree to fully indemnify and hold Elite Seminars, its employees, agents, contractors and sub-contractors ("Representatives") harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by Elite Seminars and/or its Representatives arising out of or in connection with the Event, including but not limited to:
(1) a breach of these Event Terms;
(2) Your use of the venue or attendance at the Event;
(3) any damage to the venue or any goods located at the venue; or
(4) the infringement of any intellectual property or other right of any third party (including the venue) by You.
6.1 Elite Seminars reserves the right to amend these Event Terms from time to time and You will be subject to the terms in force at the time Elite Seminars Registers You for the Event or You attend the Event, if you do not need to Register, whichever is applicable.
6.2 Any failure, delay or relaxation on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Event Terms shall not operate as a waiver of that power, right or remedy.
6.3 If any provision of these Event Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Event Terms.
6.4 These Event Terms are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
7. Privacy statement
Elite Seminars is committed to protecting Your privacy and the confidentiality and the security of personal information provided by You. The personal information You provide is necessary to process Your Registration form which may include updating Your record and profile information. We may use Your personal information to contact You about our Services, to conduct analysis or market research to identify the ongoing needs of registrants, and to generally provide You with information on services and benefits. Personal information provided by You may be disclosed to external organisations that we engage for certain business functions such as our mailing houses, printers, technology service providers and marketing and communications agencies. Your personal information may be collected to enable You to access and use Elite Seminars’ online platform. Your personal information may be transferred or stored outside the country where the information was collected for the purposes stated above.