Terms and Conditions
These Terms and Conditions (Terms) govern your use of our services offered by INSPIRATION CAFE PTY LTD (ACN 167 659 010) (we, us, our), and form a binding contractual agreement between us, and you. Other terms and conditions contained in our privacy policy (Privacy Policy) also form part of the agreement with you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at admin@inspirationcafe.com.au before engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.
1.ACCEPTANCE OF TERMS
1.1 We will provide you with a copy of these Terms and with a Proposal (Proposal) before you engage our services, as listed in clause 3 (Services).
1.2 By paying any amount to us in respect to the Services or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood the Terms and the Proposal and agree to be bound by them, and all our other policies.
2. VARIATIONS TO TERMS
2.1. We reserve the right to update and change these Terms from time to time without notice.
2.2 You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing.
3. SERVICES
3.1 Our Services include:
(a)workshops;
(b)presentations;
(c) peer groups;
(d) key note presentations;
(e) project work;
(f) any other service offering we may offer in the future.
(g) Coaching and Consulting one to one and one to many. (Collectively referred to as “Workshops”)
3.2 The details of our Workshops are found on our website.
3.3 Our Workshops are available online and in-person.
4. GENERAL DISCLAIMER
4.1 All our Services are intended for general education and information purposes only. None of our Services or any of the content or information provided to you by us during provision of the Services, purports to offer financial, legal, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
4.2 All of our Services are intended for general business coaching, consulting, educating and training. Any template, training module, document, information, guideline, forecast and recommendation made by us in relation to our Services are made on the basis of information that was available to us at the time.
4.3 We provide guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.
4.4 We provide the Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure the content and information provided is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content or information for any purpose.
4.5 It is your responsibility to independently verify the information provided during the provision of our Services.
4.6 Nothing in the content or information provided in the provision of our Services is a promise or guarantee of results of any kind or of future earnings. Any information given (including case studies) is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically for your business.
4.7 You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Services.
4.8 Any testimonials and examples of our Services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.
4.9 We make no warranty, representation, or guarantee regarding the suitability of our Services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any service. It is your responsibility to independently determine suitability of any service and to test and verify the same.
4.10 You acknowledge and agree that any results to be attained by you is dependent upon you solely.
4.11 You acknowledge and agree that we aim to teach skills and equip you with tools and templates for your own navigation, implementation, development and use. Before acting on any recommendations and information you receive in connection with our Services you acknowledge and agree to seek such other independent professional advice as required.
4.12 Your success depends on many factors, including your own commitment, dedication, desire, and motivation, your dissemination and application of our education and training to your own business’ circumstances, and the general economic climate.
5. FINANCIAL RESULTS AND PROFITABILITY DISCLAIMER
5.1 We cannot and do not make any guarantees about your business’ ability to achieve results or earn any money with our content, ideas, information, tools, or strategies. You acknowledge that there is an inherent risk and uncertainty in any business enterprise or activity and agree there is no guarantee that you will achieve results or earn any money as a result of your purchase of our Services.
5.2 Any financial representations referenced by us during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.
5.3 We shall not be liable, under any circumstances whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, that may result in any way from your use of the ideas, information, tools, or strategies provided during the provision of our Services.
6. YOUR OBLIGATIONS
6.1 During the provision of our Services, you agree to:
(a) respond promptly to our communications in relation to the Services;
(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services;
(c) remain courteous, professional and respectful of others during your attendance at Coaching and Workshops;
(d) ensure you attend Workshops 15 minutes early before the starting time; and
(e) act in good faith.
6.2 When providing our Services, we may request that you provide us with responses, feedback, completed questionnaires and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner.
6.3 When using our Services, you may be given access to Facebook groups, other online or in person forums or events (Platforms) in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish any of the following:
(a) Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
(b) Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
(c) Information that includes personal or identifying information about another person without that person’s consent.
(d) Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
(e) Any information or content that impersonates any person or entity.
(f) Any material, non-public information about companies without authorisation to do so.
(g) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
6.4 By posting or otherwise publishing Your Content on the Platforms, you:
(a) Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
(b) Warrant that you have the right to grant the above licences;
(c) Warrant that Your Content does not breach these Terms; and
(d) Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
6.5 We reserve the right (but have no obligation) to:
(a) Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
(b) Monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.]
7. CODE OF CONDUCT
7.1 Our Platform is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
7.2 Whilst using the Platform we ask that you not:
(a) Contact anyone who has asked not to be contacted.
(b) Collect personal data about other users for commercial or unlawful purposes.
(c) Infringe other user’s privacy rights.
(d) Violate the intellectual property of others.
(e) Post anything that contains software viruses, worms or any other harmful code.
(f) Use manual or automated software, devices, script robots, other means or processes to access our Platform or any related data or information.
8. CONFIDENTIALITY
8.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(b) where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;
(c) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(d) where the disclosure is required for use in legal proceedings regarding these Terms and Conditions; or
(e) if the party to whom the information relates has consented in writing before the disclosure.
8.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient’s obligations under this clause.
8.3 Definitions
Confidential Information of a party means all information (in any form):
(I) relating to or arising from the Services;
(ii) that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes);
(iii) related to any other attendees of any Coaching or Workshops provided by us; and
(iv) includes these Terms;
but does not include information that:
(v) is or becomes independently developed or known by a party through no breach of these Terms by that party; or
(vi) becomes publicly available, without breach of these Terms;
8.4 This clause survives termination or expiry of these Terms.
9. COPYRIGHT AND TRADE MARK NOTICES
9.1 All material provided by us during the provision of our Services, including (but not limited to) documents, photos, graphics, logos, design, Webinars, Facebook Lives, PowerPoint presentations, other presentations, videos, Recordings, templates and questionnaires. (Our Content), is our intellectual property and subject to copyright. You must obtain our prior written permission if you would like to copy or reproduce Our Content. Modification of Our Content is a violation of our copyright and other proprietary rights, and is strictly prohibited.
9.2 You acknowledge that you do not acquire any ownership rights by using Our Content.
9.3 The trade marks, logos, and service marks displayed on Our Content to denote our brand are either our registered or unregistered trade marks (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
9.4 Nothing contained in Our Content or our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Marks without our express written permission.
9.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
9.6 This clause survives termination of these Terms.
10. WORKSHOP & COACHING PHOTOGRAPHY AND VIDEOS
10.1 You understand and acknowledge that we may record any aspect of a Workshop, online meeting or coaching session.
10.2 You acknowledge and agree that this may be in the form of audio, video or still photography (Recordings), and the Recordings may be used in the production of marketing and promotional materials to be used by us. You agree that we can use the Recordings for marketing and promotional purposes.
10.3 You hereby waive any and all legal rights you may have against us in respect of Recordings documenting your participation in the event and grant us the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
11. TESTIMONIALS
11.1 You acknowledge and agree regarding any testimonials you provide us about our Services, that we may use those testimonials for marketing and promotional purposes and include your full name as the source of the testimonial.
12.CANCELLATION AND REFUND
12.1 We reserve the right to terminate your use of our Services generally if you breach these terms, as determined by us in our sole discretion.
12.2 Either party may terminate your use of our Services by providing to the other party a minimum of 14 days’ written notice.
12.3 Regarding online Workshops or in-person Workshops, we require at least 48 hours notice should you wish to cancel or reschedule your booking. Any request to reschedule a booking may incur an additional charge.
12.4 You must log in to any online workshop or arrive at any in-person workshop or event at least 15 minutes before your scheduled booking time to ensure that the event can run on time. If you are running late, please notify us by email on admin@inspirationcafe.com.au.
12.5 If you are late to attend the Workshop, whether online or in-person, you understand that there is a possibility that you will not be permitted to attend the workshop, however you may be provided with a recording of the Workshop and workshop materials.
12.6 If you fail to attend the Workshop, the workshop presenter will leave the workshop venue or online workshop and no refund will be provided.
12.7 In the event that an online or in-person Workshop is cancelled by us, a full refund will be provided within 7 days.
12.8 Other than as stated above, refunds are not provided for our Workshops, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
12.9 Any initial deposits paid to us for any Workshops are non-refundable.
12.10. Final payments are non-refundable for any Workshops.
12.11 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each service delivered by us, or otherwise where we determine in our sole discretion that genuine value has not been received or is not able to be received by you.
13. NON-EXCLUSIVITY
13.1 You acknowledge and agree that we may at all times provide our Services to other Clients in the same or similar industry as you.
13.2 We do not provide our Services on an exclusive basis.
13.3 We will however endeavour to protect the confidential information you provide us and in accordance with our Privacy Policy.
14. FEES
14.1 The fees for our Services (Fees) are as indicated in the Proposal provided to you or may be available online for certain Workshops.
14.2 All Fees for our Services are in Australian Dollars (AUD).
14.3 All Fees are exclusive of GST (if applicable) unless indicated otherwise.
14.4 We reserve the right to modify, cancel and limit any Proposal or Services at any time.
15. PAYMENTS
15.1 We will send you invoices for our Services in the manner stated in the Proposal and you agree to pay the invoices using the payment method specified in the Proposal within 14 business days of receiving such invoices.
15.2 All invoices must be paid in full, in accordance with clause 15.1, before we provide our Services.
15.3 All deposits and lump sum Fees paid are non-refundable after project commencement.
15.4 If you fail to pay our fees when due, as indicated on the invoice, you acknowledge that we reserve the right to suspend or terminate the delivery of our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.
15.5 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
15.6 You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.
16. DISCOUNTS, PROMOTIONS AND OFFERS
16.1 From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms.
16.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
17. LIABILITY IS LIMITED
17.1 We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.
17.2 Without limiting the generality of clause 17.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.
17.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
17.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
17.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
17.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
17.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.
18. YOUR INDEMNITY
18.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our Services;
(b) any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any fees on time;
(d) any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms; and
(e) the enforcement of these Terms.
18.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
18.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.
18.4 This clause survives the termination of this agreement.
19. NO DISPARAGEMENT
19.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our Services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any discussion at a Workshop, social media platform or review website anywhere in the world.
19.2 Should you breach this clause, you hereby indemnify us in accordance with clause 18 above.
20. FORCE MAJEURE
20.1 We will not be in breach of these Terms or liable to you for any Loss incurred by that other party as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
20.2 If a Force Majeure Event occurs, we will notify the you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
20.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
20.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
20.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
20.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
21. SEVERABILITY
21.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
22. NO ASSIGNMENT
22.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
22.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
23. SUB-CONTRACTING
23.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
24. BINDING ON SUCCESSORS
24.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
25. DISPUTE RESOLUTION
25.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
25.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
25.3 In the case of claims against us, all notices are to be provided to admin@inspirationcafe.com.au.
25.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
25.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
25.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
25.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
25.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
25.9 This clause survives termination of these Terms.
26. APPLICABLE LAW
26.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.
27. YOUR FEEDBACK
27.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
27.2 If you have questions or comments regarding this Site or our Services, please email us at admin@inspirationcafe.com.au. © Progressive Legal Pty Ltd – All legal rights reserved (2020). These Terms were last updated in September 2020.