Annexure B: Further Terms & Conditions
9.1. In these terms and conditions:
Agreement means the booking form signed by the Customer and the terms and conditions in this Annexure A.
Booking Notification means the written notice issued by Elevate to the Customer confirming that a booking has been accepted.
Business Days means any day except a Bank or public holiday (in the State where Services are delivered to the Customer) or a Saturday or a Sunday.
Customer means the customer described at Item A of the booking form.
Elevate means Elevate Education Pty Ltd ACN 609 820 948.
Elevate’s Seminar Guide means the document or documents published by Elevate as a guide to Elevate’s seminars as amended from time to time.
Goods mean all material (whether in electronic or hard copy format) including all manuals, journals, books, notes, scripts, programs, recordings, sound, video, music, graphics and images in relation to the seminar/s listed in the Booking Notification as described in Elevate’s Seminar Guide.
Services means the delivery of the seminar/s specified in the Booking Notification by Elevate to the Customer and its students and/or parents of students and/or staff the content of which is described in Elevate’s Seminar Guide.
10. Intellectul Property
10.1. All intellectual property rights in any works or other subject matter developed or supplied by or on behalf of Elevate pursuant to these Terms and Conditions to the Customer are owned by Elevate or the person nominated by Elevate.
10.2. The Customer must not impair Elevate’s right, title or interest in Elevate’s intellectual property rights and must not assign, sell, lease, transfer, devise or otherwise deal with such intellectual property rights in relation to any third party.
11. Limitation and Exclusion of Liability
11.1. To the full extent permitted by law, all guarantees, warranties, representations, promises, conditions or statements regarding the Goods and/or Services, whether express or implied, and whether statutory or otherwise (including without limiting generality, guarantees, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to be obtained from or in the course of using such services) are excluded except as otherwise expressly provided for in these Terms and Conditions.
11.2. Elevate’s liability in respect of a breach of any statutory guarantee, warranty, condition or other term is limited to the provisions set out in clause 10.3 below.
11.3. To the full extent permitted by law, Elevate’s liability for breach of any guarantee, warranty or other obligation, is limited, at the option of Elevate, to any one or more of the following:
11.3.1. In so far as the liability relates to Goods:
(a) the replacement of the relevant goods or the supply of equivalent goods;
(b) the repair of such goods;
(c) the payment of the cost to replacing the goods or acquiring equivalent goods; and
(d) the payment of the cost of having the goods repaired.
11.3.2. In so far as the liability relates to Services:
(a) the resupply of the services; and
(b) the payment of the cost of having the services resupplied.
11.4. Elevate will not be liable for any indirect or consequential damages including loss of profits, revenue, data or use in any action in contract, torts or relevant statute law arising out of or in connection with the supply of Goods and Services.
12.1. The Customer acknowledges that Elevate collects and uses the Customer’s information from the booking form for the purpose of creating bookings in accordance with these terms and conditions.
Elevate may assign or subcontract the performance of its obligations under these Terms and Conditions.
14. Governing Law and Jurisdiction
The Agreement is governed by the law of New South Wales, Australia. Each party agrees that any proceedings in relation to or arising out of the Agreement may be brought in a Court located in Sydney, New South Wales Courts and shall not object to the exercise of jurisdiction by such Courts.
15. Goods and Services Tax
15.1. Terms used in this clause have the same meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”). Subject to the express provisions of the Agreement, if any supply made under or in connection with the Agreement by one party (“Supplier”) to the other party (“Recipient”) is subject to GST, the consideration for that supply will be increased by an amount equal to the GST payable. The GST is payable at the time the consideration is due for payment. Unless otherwise stated, prices quoted are exclusive of GST.
15.2. Where GST is imposed on a supply, the Supplier must ensure that any invoice or other request or demand for payment for supplies provided by it to Recipient constitutes a tax invoice that will, where applicable, enable Recipient to claim any tax credits for the GST in respect of supplies to which the invoice relates. No amount will be due and payable by Recipient in respect of a supply under the Agreement unless the Recipient has received from the party making the supply an invoice which complies with this clause.