Terms and Conditions of Trade
1.1 “eQ” shall mean eQ Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of eQ Pty Ltd.
1.2 “Client” shall mean the Client as described on any registration form, application or any other form as provided by eQ to the Client.
1.3 “Guarantor” shall mean that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Seminar” shall mean all Seminar(s) (and the supply of any course materials incidental to the delivery of the Seminar) supplied by eQ to the Client and shall include any advice or recommendations.
1.5 “Price” shall mean the price payable for the Seminar as agreed between eQ and the Client in accordance with clause 3 of these terms.
2.1 Any instructions received by eQ from the Client for their enrolment in a Seminar and/or the Client’s attendance at a Seminar facilitated by eQ shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of eQ.
2.3 The Client agrees to notify eQ of any change to the Client’s contact details. The Client shall be liable for any losses, costs or expenses incurred by eQ as a result of the Client’s failure to comply with this clause.
- Price And Payment
3.1 At eQ’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by eQ to the Client in respect of the Seminar; or
(b) eQ’s current price as at the date of the Client’s enrolment in the Seminar according to eQ’s current Price list; or
(c) as indicated on the Registration Form provided by eQ to the Client.
3.2 Quotations provided by eQ are valid for thirty (30) days.
3.3 A non refundable option fee is payable to execute your enrolment.
3.4 At eQ’s sole discretion:
(a) payment shall be due before the facilitation of the Seminar; or
(b) payment for approved Clients shall be made by instalments in accordance with eQ’s payment plan agreement.
3.5 Where eQ agrees to a weekly, fortnightly or monthly payment schedule then a reasonable administration fee will apply to those accounts.
3.6 Time for payment for the Seminar shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.7 PIF (pay in full) TODAY ONLY rate is valid on date of registration only.
3.8 Commitment Incentives are valid for fourteen (14) days following the initial presentation of the Seminar information to the Client.
3.9 A cooling off period shall apply if the Client notifies eQ in writing and within 5 business days from the date of registration, that the Client wishes to cancel their enrolment, then eQ will refund the total amount paid less the value of any product received with enrolment. This period is waived if a
Seminar is paid for within 5 days of the start of that Seminar.
3.10 Payment may be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to five percent (5%) of the Price), or by direct credit, or by any other method as agreed to between the Client and eQ.
3.11 Receipt by eQ of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then eQ’s ownership or rights in respect of the course materials shall continue.
3.12 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.13 The Price does not include any form of transportation to or from the Seminar.
3.14 Where the Seminar includes a residential component where accommodation is provided, a minimum of 50% of the Price shall be due before the facilitation of the Seminar.
4.1 At eQ’s sole discretion delivery of the Seminar shall take place when the Client attends the Seminar at eQ’s address or eQ’s nominated address for delivery.
4.2 At eQ’s sole discretion delivery of the course materials shall take place when
(a) the Client takes possession of the materials at the Client’s nominated address (in the event that the course materials are delivered by eQ or eQ’s agent); or
(b) When the Client takes possession of the materials at eQ’s nominated address for materials.
4.3 At eQ’s sole discretion the costs of freight are:
(a) included in the Price; or
(b) in addition to the Price; or
(c) for the Client’s account.
4.4 In the event that the Client is unable to attend the Seminar on the dates for which the Client has enrolled, then the Client may transfer their enrolment, without penalty, to the same Seminar that eQ may deliver at a later date provided that the Client does so within two (2) years of the date of
registration. Any transfer is subject to availability in the preferred Seminar at the time of the Client’s request. The Client acknowledges and accepts that eQ is under no obligation to deliver the same Seminar at a later date.
4.5 At eQ’s sole discretion the Seminar may be postponed or the dates, times or venue may change. eQ shall notify the Client in writing of such changes. Upon receiving notification of such changes the Client may exercise their rights under clause 4.4 and reschedule their enrolment; however the Client shall have no claim upon eQ for refund or compensation.
4.6 eQ may deliver the Seminar by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.7 The failure of eQ to deliver the Seminar shall not entitle either party to treat this contract as repudiated.
4.8 eQ shall not be liable for any loss or damage whatsoever due to failure by eQ to deliver the Seminar (or any of them) promptly or at all where due to circumstances beyond the control of eQ.
4.9 Where the Client expressly requests eQ to leave course materials outside eQ’s premises for collection or to deliver the Goods to an unattended location then such materials shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.
- Limitation of Liability
5.1 Subject to any statutory provisions imposing liability, eQ or its employees shall not be under any liability for any:
(a) loss, theft, or damage to any of the Clients personal property whilst they are on eQ’s premises (including the car park); or
(b) personal injury, death, or illness suffered by a Client while on eQ’s premises (including the car park) whether or not contributed to by eQ, its employees, or other members.
5.2 The Client acknowledges that eQ cannot guarantee the effectiveness the Seminar nor that the Client shall reach any personal goals that they might have in relation to the Seminar.
- Issues & Concerns
6.1 The Client shall within seven (7) days of commencement of any Seminar notify eQ in writing of any alleged failure to provide what was agreed or any other problem or concern in relation to the Seminar. Upon delivery of such notice the Client shall give eQ a reasonable chance to review what has been provided to date. If the Client shall fail to comply with these provisions, it shall be conclusively presumed that there is no issue with the Seminar. If eQ agrees that there has been a problem in relation to the Seminar then in accordance with the Trade Practices Act 1974 (CWlth) and/or the Fair Trading Acts of the relevant state or territories of Australia, eQ shall either rectify the problem (which may include the re-enrolment of the Client in a later Seminar), or at the Client’s request refund the Client the Price paid for the Seminar, less expenses involved in the Seminar delivery.
7.1 eQ and the Client agree that the ownership of any course materials shall not pass until the Client has paid eQ all amounts owing for the particular course materials and:
(a) until such time as ownership of the course materials shall pass from eQ to the Client eQ may give notice in writing to the Client to return the course materials or any of them to eQ. Upon such notice the rights of the Client to obtain ownership or any other interest in the course materials shall cease.
(b) if the Client fails to return the course materials to eQ then eQ or eQ’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the course materials are situated and take possession of the course materials.
- The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
8.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
- Intellectual Property
9.1 All the material and concepts presented during the Seminar is subject to copyright. The copyright in the course materials and contents of the seminar remains the property of the copyright owner and may not be recorded, used or reproduced without the written authorisation of the copyright owner.
- Default & Consequences of Default
10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at eQ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any
10.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by eQ.
10.3 If the Client defaults in any payment of the Price when due, the Client shall indemnify eQ from and against all costs and disbursements incurred by eQ in pursuing the debt including legal costs on a solicitor and own client basis and eQ’s collection agency costs.
10.4 Without prejudice to any other remedies eQ may have, if at any time the Client is in breach of any obligation (including those relating to payment), eQ may suspend or terminate the Client’s enrolment and any of its other obligations under the terms and conditions. eQ will not be liable to
the Client for any loss or damage the Client suffers because eQ has exercised its rights under this clause.
10.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
- Security And Charge
11.1 Despite anything to the contrary contained herein or any other rights which eQ may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to eQ or eQ’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that eQ (or eQ’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other
monetary obligations payable hereunder have been met.
(b) should eQ elect to proceed in any manner in accordance with this clause and/or its subclauses, the Client and/or Guarantor shall indemnify eQ from and against all eQ’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint eQ or eQ’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.1.
12.1 eQ may cancel the Seminar at any time before its commencement by giving written notice to the Client. On giving such notice eQ shall repay to the Client any sums paid in respect of the Price. eQ shall not be liable for any loss or damage whatsoever arising from such cancellation.
12.2 In the event that the Client cancels their enrolment in a Seminar, then the Client shall be liable for any loss incurred by eQ (including, but not limited to, any loss of profits or the cost of any products provided to the Client before or during delivery of the Seminar) up to the time of cancellation. Any amounts in credit to the Client may be applied towards the Client’s enrolment in any future Seminar offered by eQ but shall not be redeemable for refund.
- Privacy Act 1988
13.1 The Client and/or the Guarantor/s agree for eQ to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by eQ.
13.2 The Client and/or the Guarantor/s agree that eQ may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the credit worthiness of Client and/or Guarantor/s.
13.3 The Client consents to eQ being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
13.4 The Client agrees that personal credit information provided may be used and retained by eQ for the following purposes and for other purposes as shall be agreed between the Client and eQ or required by law from time to time:
(a) provision of Seminar; and/or
(b) marketing of Seminar by eQ, its agents or distributors in relation to the Seminar; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to delivery of Seminar; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Seminar.
13.5 EQ may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
14.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
14.3 eQ shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by eQ of these terms and conditions.
14.4 In the event of any breach of this contract by eQ the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Seminar.
14.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by eQ nor to withhold payment of any invoice because part of that invoice is in dispute.
14.6 eQ may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
14.7 eQ reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which eQ notifies the Client of such change.
14.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
14.9 The failure by eQ to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect eQ’s right to subsequently enforce that provision.