Terms & Conditions Of Purchase
The terms and conditions outlined below to the terms and conditions regarding the purchase of BMS FUSION Pty Ltd (hereinafter “BMS”) Events (the “Seminar Services”); Memberships (the “Membership”) or Products (the “Training Packages)”).
In some cases specific Seminar Services, Memberships or Training Packages (including VIP Packs) will have unique terms and conditions specific to that product or service that will override the general terms outlined below.
If you have any queries relating to the specific terms and conditions for any event or product, please contact us by emailing email@example.com or by calling 1300-858-661 (+61-7-5526-6784)
IMPORTANT NOTE RE CANCELLATIONS:
If you advise us in writing within 3 calendar days from accepting this agreement that you do not wish to receive the Seminar Services or Training Package, this agreement shall be at an end. We shall then refund to you all monies you have paid to us under this agreement within 14 days after the return (at your own expense) of any products that you may have already received. Where no product has been received we shall refund to you all monies you have paid to us under this agreement within 14 days.
You also agree to no credit card chargeback’s and accept the arbitration policy process outlined in the Terms and Conditions below.
1.1 Thank you for accepting our offer to present the Seminar Services or Training Packages to you. By placing an Order, you acknowledge that you have read our Terms and Conditions and agree that the placement of the Order together with these Terms and Conditions form a contract between you and us.
2.1 If you advise us in writing within 3 calendar days from signing this agreement that you do not wish to receive the Seminar Services or Training Packages, this agreement shall be at an end. We shall then refund to you all monies you have paid to us under this agreement within 14 days after the return (at your own expense) of any tangible material supplied to you as part of the Seminar Services or Training Packages to the principal office of BMS.
3. Delivery of Seminar Services:
3.1 Your payment of the Investment to us entitles you the right to a seat at the Location during the Seminar Hours as agreed on the Event Details; and to receive a copy of the materials for Seminar Services as agreed on the Purchase Order Form or Electronic Confirmation.
3.2. When delivering Seminar Services, we may change the Seminar Days, Hours and / or the Location for any reason by notifying you in writing of the change and detailing substitute Seminar Days, Hours and/or Location and we shall have no liability to you; and you shall make no claim against us (including for a refund), in respect of the same.
4. Investment and Payment:
4.1 You must pay to us in consideration of the Seminar Services or the Training Packages: (a) the Investment Sum in one lump sum on accepting of the Purchase Order Form or Online Order Form by you without set off, deduction or counterclaim; or (b) if we have agreed that you may pay by Instalment, you must pay each Instalment to us in full and without set off or deduction of the Instalment Sum on the Instalment Payment Dates.
4.2 A purchase made on behalf of another, referred to as a “couple enrolment”, shall remain the sole responsibility of the primary purchaser and all payments associated with such a purchase will be due from and remain the responsibility of the primary purchaser.
4.3 Payments made under this agreement must be made by the means specified in the Purchase Order Form or the Online Order Form.
4.4 If you fail to pay an Instalment Sum by the Instalment Payment Date then ALL monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for further demand. A late payment fee of $60 may be incurred.
4.5 Should you default on this payment for more than 60 days, under the Privacy Act 1988, BMS can, at its discretion, list information about the default with any credit reporting agency and refer your details to a debt collection agency to recover the outstanding balance. Until the debt is paid in full, your account will remain on hold and no further orders may be taken. The Client shall pay all costs (including legal and agent’s fees) incurred by BMS in connection with any recovery or attempted recovery of any overdue accounts from the Client.
4.6 If Payments are not made by the due dates, Seminar Services or Training Packages may be cancelled and no refund or credit will be given.
5.1 We may cancel the Seminar Services or delivery of the Training Package for any reason by written notice to you. We will then refund you the Investment you have actually paid to us within 7 days of giving you notice of cancellation. We shall have no further liability to you in respect of the cancellation.
5.2. You acknowledge that you shall not be entitled, and shall not claim a refund other than by strict compliance with Clause 2 or Clause 5. You further acknowledge that this is an essential term of this agreement on which we rely.
6. Transferring & Non Attendance of Seminar Services
6.1 In the event that you are unable to attend the Seminar Services you have booked and paid for, you can transfer your ticket to a nominated new attendee subject to notifying us and providing us with their full contact details at least 21 days before the event starts. The new attendee must also meet any relevant pre-course criteria as applicable before the event starts. All legal rights including money back guarantees and other bonuses are forfeited and are not transferred to the new attendee. Complimentary tickets to any events, including those issued as bonuses when purchasing a main event, may not be transferred either to a new attendee or an alternative event.
6.2 In the event that you are unable to attend the Seminar Services you have booked and paid for, you may transfer your enrolment to the same event on a future date only by notifying us in writing. If we are not notified at least 21 days before the Seminar Services commence you will incur a transfer fee of 15% of the total value of the seminar services payable immediately.
6.3 You must attend the new event within twelve months of the initial transfer notification date.
6.4. If you do not attend the Seminar Services you have booked and paid for, irrespective of notifying us in writing prior to the event commencing, your ticket will be deemed to be abandoned by you and you will not be entitled to any Seminar Services, any associated materials (such as VIP packs), bonuses or gifts, nor any refund of money paid or other claim to any further compensation.
7. Intellectual Property Rights:
7.1.The Company shall have sole title and ownership of all Intellectual Property Rights in the Materials or Recordings or created in the provision of any of its services. Whereby, “Intellectual Property Rights” means patents, trademarks, copyrights, database rights, design rights, applications for registration of any of the foregoing and all rights of like nature arising or subsisting whether registered or unregistered;
7.2. In performing the Seminar Services or Training Package for you, we do not transfer title to you in any intellectual property and title to all such intellectual property remains with us.
8.1 This material is made available on the understanding that BMS is not engaged in providing any financial advice.
8.2 You acknowledge that neither we, any of our representatives or any person we engage to perform the Seminar Services (‘Relevant Persons’) is an investment advisor or licensed by ASIC or any other government authority to provide investment advice; that the Relevant Persons do not purport to provide investment advice or operate an investment advice business (as defined in the Australian Securities and Investments Commission Act 2001 or Corporations Act 2001).
8.3 We may pay commissions to third parties arising from your entering into this agreement.
8.4 Information on this product is maintained by the people and organisations it relates to. Before relying on the material, users should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice.
8.5 The material may include views or recommendations of third parties, which do not necessarily reflect the views of BMS, or indicate its commitment to a particular course of action.
8.6 Links to other websites/products are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.
8.7 The listing of a person or company in any part of this product in no way implies any form of endorsement by BMS of the products or services provided by that person or company.
8.8 To the extent permitted by law, BMS and its respective directors, officers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defence or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profits, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the content on the product and/or any omissions from the content whether in contract, tort (including negligence), statute or otherwise and even if BMS has been advised of the possibility of such damage or loss.
9. Other Documents:
9.1. Subject to your rights under the Privacy Act 1988, you may be required to complete and deliver to us other documentation, including questionnaires.
10. Release for Recordings:
10.1 During the Seminar Services, Recordings may be made by BMS or their nominees. You may be included in the Recordings. You will not be given any payment for their use.
10.2 You shall have no claim, right or interest to any of the Recordings which BMS may use in whole or in part, individually or in conjunction with other materials, in any medium and for any purpose whatsoever, including but not limited to use in promotional materials.
10.3 Nothing herein will constitute any obligation on behalf of BMS to make any use of the Recordings. BMS shall not be liable for any loss of opportunity to enhance your reputation.
10.4 You may not make any Recordings during the Event without our prior written permission.
11. Limitation of Liability:
11.1 You agree to limit any claim on BMS to the cost of re-supply of equivalent products or services. The Competition Consumer Act 2010 may confer rights and remedies on you in relation to the supply of the Seminar Services or Training Package which cannot be excluded, restricted or modified. BMS does not exclude such non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.
(a) exclude all terms, conditions and warranties implied by custom, the general law or statute or which cause any part of this agreement to be void (‘Excludable condition’); (b) limit our liability to you for breach of any Excludable Condition to the total amount actually paid by you under this agreement;
(c) limit our liability to you for any claim (whether arising in contract, tort or statute) for loss or damage suffered by you in relation to the performance of the Seminar Services or Training Package to the total amount actually paid by you under this agreement; and
(d) excludes all liability for contingent consequential direct indirect special or punitive damage (including but not limited to, lost revenue or lost profit) suffered by you in any way relating to the Membership Services or your exercise of rights under this agreement.
12.1 All notices or other communications must be made to the addresses specified in the Order.
12.2 A notice given in accordance with clauses 2 are received if given to BMS directly, on the date of delivery; if sent by prepaid post, within 3 days after the date of signing and receipt is confirmed by BMS if sent by fax, when BMS have confirmed in writing receipt of the total number of pages of the notice; or if received via email.
12.3 The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
12.4 Any provision in this deed which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity or enforceability of that provision in any other jurisdiction.
12.5 This agreement may not be varied except in writing signed by BMS.
12.6 Should any provision of this agreement be held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected.
12.7 This agreement constitutes the entire agreement between the parties. Any prior arrangements, agreement, representations or undertakings are superseded.
12.8 This agreement is governed by the laws in force in the state of Queensland and the parties submit to the exclusive jurisdiction of the Courts of QLD.