DISCLAIMER
The information provided in this workbook/program is designed to provide helpful information on the subjects discussed and are intended to educate only. The information, data and advice in this program are created and made on the basis of information that was available at the time. No claim is created as to accuracy or authenticity of the content of the program. Information, data and advice in this program is provided on the basis that the user undertakes responsibility for assessing the relevance and accuracy of its content.
We make no representation, either expressed or implied as to the suitability or anything in this program for any particular purpose. We cannot and do not make any guarantees about your ability to achieve results with the information in this program. We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to information, data and advice in this program.
We do not accept any liability to any person for the information, data or advice (or the use of such information, data or advice) which is provided in this program, website or incorporated into it by reference. References are provided for information purposes only and do not constitute endorsement of any websites or other sources. Readers should be aware that websites listed in this book may change.
ALL RIGHTS RESERVED
© Elizabeth Soos trading as Auersmont School of Etiquette and Protocol (2020). All legal rights reserved. No part of this book, documentation or notes may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or in any form without our prior written permission.
The information provided in this workbook/program is designed to provide helpful information on the subjects discussed and are intended to educate only. The information, data and advice in this program are created and made on the basis of information that was available at the time. No claim is created as to accuracy or authenticity of the content of the program. Information, data and advice in this program is provided on the basis that the user undertakes responsibility for assessing the relevance and accuracy of its content.
We make no representation, either expressed or implied as to the suitability or anything in this program for any particular purpose. We cannot and do not make any guarantees about your ability to achieve results with the information in this program. We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to information, data and advice in this program.
We do not accept any liability to any person for the information, data or advice (or the use of such information, data or advice) which is provided in this program, website or incorporated into it by reference. References are provided for information purposes only and do not constitute endorsement of any websites or other sources. Readers should be aware that websites listed in this book may change.
ALL RIGHTS RESERVED
© Elizabeth Soos trading as Auersmont School of Etiquette and Protocol (2020). All legal rights reserved. No part of this book, documentation or notes may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopy, recording or in any form without our prior written permission.
Welcome to www.auersmont.com. (“our Site”)
Our Site gives you an opportunity to browse and purchase services offered by Elizabeth Louisa Mumtaz (ABN 30 941 698 119) trading as Auersmont School of Etiquette and Protocol (we, us, our).
These Terms and Conditions (Terms) govern your use of our Site, and our services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at auersmont@gmail.com before using our Site, buying our products or engaging our services.
Our services are intended for adult users aged 18 and over, however users under the age of 18 must have written consent from a parent or guardian 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 this agreement.
1. ACCEPTANCE OF TERMS
1.1By browsing, accessing, downloading, purchasing or using the services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. VARIATIONS TO TERMS
2.1We reserve the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
2.3The updated Terms will be taken to have effect on the date of publication.
2.4Your continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5Should you object or disagree to the Terms, your only remedy is to contact us at auersmont@gmail.com and immediately discontinue your use of the products and/or services.
3.REGISTERING YOUR DETAILS
3.1Before you purchase our products and/or services, you must register an account with us.
3.2You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
3.3We may at any time request a form of identification to verify your identity.
3.4If you are a registered user or member to this Site, you acknowledge and agree that:
(a)You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
(b)You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
(c)You will immediately notify us if your Password is lost or becomes known to any other person;
(d)You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
(e)Any information you provide to us for posting or inclusion in Our Community, at any time, becomes our property.
3.5To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.
3.6You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
3.7Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
4. YOUR OBLIGATIONS
4.1You must provide us with all the relevant requested information and documentation in a timely manner and within any time frames required for us to provide our services.
4.2When providing our products and/or services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.
4.3If you or your child is attending an online Zoom workshop or in-person workshop, you must make Auersmont School of Etiquette and Protocol aware of any of your or your child’s existing medical conditions or learning difficulties, and warrant that you have answered all questions asked by Auersmont School of Etiquette and Protocol regarding your or your child’s medical history truthfully. You acknowledge that Auersmont School of Etiquette and Protocol will be relying on my disclosures and answers in order to cater to your or your child’s needs when providing our services. Any information collected in response to these questions will be monitored in accordance with our privacy policy.
(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).
4.6By posting or otherwise publishing Your Content on our Site or Our Community, 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.
4.7We 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 Site, 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.
5CODE OF CONDUCT
5.1Our Site, online Zoom workshops and in-person workshop is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
5.2Whilst using this Site 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 Site or any related data or information.
6. CONFIDENTIALITY
(b)Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
(c)That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
(d)That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
7. COPYRIGHT AND TRADE MARK NOTICES
8. WORKSHOP PHOTOGRAPHY
9. RIGHT TO SUSPEND, TERMINATE AND REFUND
Cancellation time / Refund
2 calendar weeks before the workshop - 60%
2 working days before the workshop - 35%
Less than 48 hours before the workshop - 0%
10. NON-EXCLUSIVITY
10.1You acknowledge and agree that we may at all and any times provide our services to other Clients in the same or similar industry as you.
10.2We do not provide our services on an exclusive basis.
10.3We will however endeavour to protect the confidential information you provide us and in accordance with our privacy policy.
11. PRICES
12. BOOKING AND PAYMENTS
13. DISCOUNTS, PROMOTIONS AND OFFERS
14. GENERAL DISCLAIMER
14.1We offer a number of services and products on our Site from time to time.
14.2All Auersmont School of Etiquette and Protocol products and services are intended for general education and information purposes only. Nothing on our Site, not any of the content provided to you by us during our provision of our services, purports to offer professional advice.
14.3Auersmont School of Etiquette and Protocol cannot be held responsible for how you use the information provided in the online Zoom workshops or in-person workshops, in online courses or by any other means. The use of the information supplied is up to each student’s discretion.
14.6We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Site and further acknowledge and agree that the indemnities under clause 16 are considered reasonable.
14.7Any 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.
14.10Our services are educational and coaching based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
14.11You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
15. LIABILITY IS LIMITED
15.1The 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.
15.2We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Our Community or Our Content.
15.3In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, our Products and Services, Our Community or Our Content.
15.4These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
(a)Using our products and services.
(b)Reliance on the completeness, accuracy, suitability or currency of information, services irrespective of any verifying measures taken by us (including third party material and advertisements).
(c)Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(d)Accessing websites or servers maintained by other organisations through links on our Site. Links are provided for convenience only. We do not endorse linked websites nor their services and you access them at your own risk.
(e)The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
15.5This clause survives termination of these Terms.
16. YOUR INDEMNITY
16.1You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
16.2We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Our Community or through use of our products or services.
16.3This clause survives termination of these Terms.
17. NO DISPARAGEMENT
17.1At 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 social media platform or review website anywhere in the world.
17.2Any complaint you may have about our products and services should only be sent to auersmont@gmail.com and we will address any issues raised.
17.3Should you breach this clause, you hereby indemnify us in accordance with clause 16 above.
17.4This clause survives termination of these Terms.
18. LINKED WEBSITES, AFFILIATES OR SPONSORS
18.1Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
18.2As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
18.3We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
19. SEVERABILITY
19.1If 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.
20. NO ASSIGNMENT
20.1You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
20.2We 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.
21. DISPUTE RESOLUTION
21.1If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
21.2Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
21.3In the case of claims against us, all notices are to be provided auersmont@gmail.com.
21.4If the dispute is not resolved by agreement within 5 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 5 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.
21.5Once 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.
21.6If 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.
21.7Nothing 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.
21.8Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
21.9This clause survives termination of these Terms.
22. APPLICABLE LAW
22.1These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.
23. YOUR FEEDBACK
23.1We 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.
23.2If you have questions or comments regarding this Site or our services, please email us at auersmont@gmail.com. © Progressive Legal Pty Ltd – All legal rights reserved (2020). These Terms were last updated in January 2020.
LIABILITY DISCLAIMER, WAIVER AND RELEASE
This document sets out the terms upon which Auersmont School of Etiquette and Protocol provides Etiquette Workshops (Etiquette Workshop). This is a legally binding document so it’s important that you read this document carefully before attending any Auersmont School of Etiquette and Protocol online Zoom workshop, in-person workshop or event.
You also acknowledge that Auersmont School of Etiquette is not in any way responsible for any loss or damage of my personal property or damage to the venue. Any issues will be dealt with directly with the venue operator.
If any portion of this release from liability is deemed by a court to be invalid then the remainder of this release is to remain and the invalid provision (or provisions) removed.
By signing below, you confirm that you have read, understood and accept the terms of this document. You are signing this document voluntarily and acknowledge that your signature serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed other than in writing by Auersmont School of Etiquette and you. Please note that if you are under the age of 18, a parent or guardian must sign the Consent Form below: Parent or Guardian Consent Form
_________________________________
Participant name (PRINT)
_________________________________
Participant Signature
_________________________________
Date
Parent or Guardian Consent Form (if applicable)
Full name of parent or guardian: ________________________________________________
Relationship (parent or guardian) ________________________________________________
Email address: _______________________________________________________________
Address: ____________________________________________________________________
I give consent for (full name of child) _____________________________________________
to participate in the Etiquette Workshop, in accordance with the terms and conditions of the Terms and Conditions and Liability Disclaimer, Waiver and Release above.
Signature of parent or guardian: ______________________________________
Date: _____________________
APPENDIX
COMMUNITY GUIDELINES
Individuals of all levels are welcome here. We have community members of all skill and experience levels.
We want people to feel safe when using our groups and forums and attending all events. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of behaviour or content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
Our Site gives you an opportunity to browse and purchase services offered by Elizabeth Louisa Mumtaz (ABN 30 941 698 119) trading as Auersmont School of Etiquette and Protocol (we, us, our).
These Terms and Conditions (Terms) govern your use of our Site, and our services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at auersmont@gmail.com before using our Site, buying our products or engaging our services.
Our services are intended for adult users aged 18 and over, however users under the age of 18 must have written consent from a parent or guardian 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 this agreement.
1. ACCEPTANCE OF TERMS
1.1By browsing, accessing, downloading, purchasing or using the services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.
2. VARIATIONS TO TERMS
2.1We reserve the right, in its sole discretion, to vary, change or amend any part of these Terms.
2.2In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
2.3The updated Terms will be taken to have effect on the date of publication.
2.4Your continued use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5Should you object or disagree to the Terms, your only remedy is to contact us at auersmont@gmail.com and immediately discontinue your use of the products and/or services.
3.REGISTERING YOUR DETAILS
3.1Before you purchase our products and/or services, you must register an account with us.
3.2You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
3.3We may at any time request a form of identification to verify your identity.
3.4If you are a registered user or member to this Site, you acknowledge and agree that:
(a)You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
(b)You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
(c)You will immediately notify us if your Password is lost or becomes known to any other person;
(d)You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
(e)Any information you provide to us for posting or inclusion in Our Community, at any time, becomes our property.
3.5To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.
3.6You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
3.7Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.
4. YOUR OBLIGATIONS
4.1You must provide us with all the relevant requested information and documentation in a timely manner and within any time frames required for us to provide our services.
4.2When providing our products and/or services, we may request that you provide us with responses, feedback, completed questionnaires, copy content, images and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.
4.3If you or your child is attending an online Zoom workshop or in-person workshop, you must make Auersmont School of Etiquette and Protocol aware of any of your or your child’s existing medical conditions or learning difficulties, and warrant that you have answered all questions asked by Auersmont School of Etiquette and Protocol regarding your or your child’s medical history truthfully. You acknowledge that Auersmont School of Etiquette and Protocol will be relying on my disclosures and answers in order to cater to your or your child’s needs when providing our services. Any information collected in response to these questions will be monitored in accordance with our privacy policy.
- You must ensure that you and/or your child adhere to a neat-casual dress code that reflects the status and dignity of the private venues at which the workshops will be held. If you have any queries about appropriate dress, please email auersmount@gmail.com.
(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).
4.6By posting or otherwise publishing Your Content on our Site or Our Community, 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.
4.7We 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 Site, 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.
5CODE OF CONDUCT
5.1Our Site, online Zoom workshops and in-person workshop is a respectful space for learning and is a pitch-free, solicitation-free and sales-free environment.
5.2Whilst using this Site 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 Site or any related data or information.
6. CONFIDENTIALITY
- We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other product and/or services participants (Participants) and representatives of ours.
- You agree:
(b)Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
(c)That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.
(d)That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
- While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.
7. COPYRIGHT AND TRADE MARK NOTICES
- All material on this Site, or otherwise delivered by us via our online membership services, online Zoom workshops or in-person workshops, including (but not limited to) templates, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may view, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
- You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
- The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (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.
- Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
- 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.
8. WORKSHOP PHOTOGRAPHY
- You understand and acknowledge that Auersmont School of Etiquette and Protocol and / or its representatives may record any aspect of an online Zoom workshop or in-person workshop (Recordings).
- Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Auersmont School of Etiquette and Protocol. You agree we can use the Recordings for marketing and promotional purposes.
- You hereby waive any and all legal rights you may have against Auersmont School of Etiquette and Protocol in respect of Recordings of your participation in the event and grant to Auersmont School of Etiquette and Protocol 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.
- You must notify Auersmont School of Etiquette and Protocol if you do not consent to your child being included in our Recordings within 7 working days before a workshop.
- No personal video, audio or photographic recordings are to be made during the workshops (Personal Recording), unless expressly agreed to by Auersmont School of Etiquette. If Auersmont School of Etiquette and Protocol has agreed to a Personal Recording, it is to be for personal use only and cannot be put on social media or media of any kind.
9. RIGHT TO SUSPEND, TERMINATE AND REFUND
- We reserve the right to suspend or terminate your use of the Site or our services generally if you breach these terms, as determined by us in our sole discretion.
- Either party may terminate your use of our Site and/or services by providing to the other party a minimum of 7 days’ written notice, unless specified otherwise in any specific product or service Terms or contract you have entered into with us.
- If you terminate our services early (prior to your services being completed), you acknowledge and agree that the outstanding fees for those services are payable. We will issue an invoice for all work accessed or completed (as the case may be) in the course of providing its services up to the time and date that written notice was given to us that the services were cancelled.
- Regarding an online Zoom workshop or in-person workshops, we require at least 24 hours of notice should you wish to cancel or reschedule your booking. Any request to reschedule a booking may incur an additional charge.
- You must log in to any online Zoom 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 to time. If you are running late, you must notify Auersmont School of Etiquette and Protocol by mobile on 0466 344 331 or by email on auersmount@gmail.com.
- If you fail to notify Auersmont School of Etiquette and Protocol of any delay, you will not be reimbursed for any time lost in your booked workshop. If you arrive after 50 minutes of your allocated start time, the workshop teacher will leave the workshop venue or online Zoom workshop and no refund will be provided.
- In the event that an online Zoom workshop or in-person workshop is cancelled by Auersmont School of Etiquette and Protocol, a full refund will be given to the client within 7 days. Students will be notified immediately of any cancellation.
- Where you wish to cancel an online Zoom workshop or in-person workshop, you will be refunded the booking payment accordingly:
Cancellation time / Refund
2 calendar weeks before the workshop - 60%
2 working days before the workshop - 35%
Less than 48 hours before the workshop - 0%
- Refunds are not provided for our online products, including where you have been given access to Our Content, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
- Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each product or service delivered by us, or otherwise where we determines in our sole discretion that genuine value has not been received or is not able to be received by you.
10. NON-EXCLUSIVITY
10.1You acknowledge and agree that we may at all and any times provide our services to other Clients in the same or similar industry as you.
10.2We do not provide our services on an exclusive basis.
10.3We will however endeavour to protect the confidential information you provide us and in accordance with our privacy policy.
11. PRICES
- All prices for our services are in Australian Dollars (AUD).
- All prices are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
- All prices are subject to change without notice.
- We reserve the right to modify, cancel and limit any Proposal or work at any time.
12. BOOKING AND PAYMENTS
- By making a booking, you agree to be bound by our booking policy (Booking Policy).
- To make a booking, you must make payment in full. No payment instalments will be accepted. No services will be provided until full payment has been received.
- Payment will be accepted via PayPal, Visa, Mastercard or, by direct deposit to Commonwealth Bank of Australia | BSB: xxxxx Account: xxxxx
- Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
- You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
- If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
- Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
- We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
- 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.
- We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
- We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
- In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
- Any payment that is four (4) days overdue will result in a late payment administration fee of AUD$100 to be charged to your account in addition to the outstanding amount.
13. DISCOUNTS, PROMOTIONS AND OFFERS
- From time to time, we may offer the opportunity to purchase our services at a discounted or promotional price, subject to these Terms.
- 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.
- You agree that any testimonials you provide, we can use for marketing and promotional purposes.
14. GENERAL DISCLAIMER
14.1We offer a number of services and products on our Site from time to time.
14.2All Auersmont School of Etiquette and Protocol products and services are intended for general education and information purposes only. Nothing on our Site, not any of the content provided to you by us during our provision of our services, purports to offer professional advice.
14.3Auersmont School of Etiquette and Protocol cannot be held responsible for how you use the information provided in the online Zoom workshops or in-person workshops, in online courses or by any other means. The use of the information supplied is up to each student’s discretion.
- You acknowledge and agree that each service or product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.
14.6We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and services and in accordance with this Site and further acknowledge and agree that the indemnities under clause 16 are considered reasonable.
14.7Any 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.
- Auersount School of Etiquette and Protocol provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any change in manners and etiquette is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire and motivation.
14.10Our services are educational and coaching based only and the extent of any results to be attained by you whether for your own personal or professional development is dependent upon you solely.
14.11You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
- This clause survives termination of these Terms.
15. LIABILITY IS LIMITED
15.1The 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.
15.2We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Our Community or Our Content.
15.3In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, our Products and Services, Our Community or Our Content.
15.4These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
(a)Using our products and services.
(b)Reliance on the completeness, accuracy, suitability or currency of information, services irrespective of any verifying measures taken by us (including third party material and advertisements).
(c)Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
(d)Accessing websites or servers maintained by other organisations through links on our Site. Links are provided for convenience only. We do not endorse linked websites nor their services and you access them at your own risk.
(e)The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
15.5This clause survives termination of these Terms.
16. YOUR INDEMNITY
16.1You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
16.2We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Our Community or through use of our products or services.
16.3This clause survives termination of these Terms.
17. NO DISPARAGEMENT
17.1At 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 social media platform or review website anywhere in the world.
17.2Any complaint you may have about our products and services should only be sent to auersmont@gmail.com and we will address any issues raised.
17.3Should you breach this clause, you hereby indemnify us in accordance with clause 16 above.
17.4This clause survives termination of these Terms.
18. LINKED WEBSITES, AFFILIATES OR SPONSORS
18.1Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
18.2As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
18.3We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
19. SEVERABILITY
19.1If 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.
20. NO ASSIGNMENT
20.1You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
20.2We 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.
21. DISPUTE RESOLUTION
21.1If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
21.2Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
21.3In the case of claims against us, all notices are to be provided auersmont@gmail.com.
21.4If the dispute is not resolved by agreement within 5 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 5 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.
21.5Once 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.
21.6If 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.
21.7Nothing 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.
21.8Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
21.9This clause survives termination of these Terms.
22. APPLICABLE LAW
22.1These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.
23. YOUR FEEDBACK
23.1We 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.
23.2If you have questions or comments regarding this Site or our services, please email us at auersmont@gmail.com. © Progressive Legal Pty Ltd – All legal rights reserved (2020). These Terms were last updated in January 2020.
LIABILITY DISCLAIMER, WAIVER AND RELEASE
This document sets out the terms upon which Auersmont School of Etiquette and Protocol provides Etiquette Workshops (Etiquette Workshop). This is a legally binding document so it’s important that you read this document carefully before attending any Auersmont School of Etiquette and Protocol online Zoom workshop, in-person workshop or event.
- The Participant (you) agree and acknowledge that you are participating in an Etiquette Workshop extending to Beverage & Food Handling, Plateware, Silverware, Servingware, Teaware voluntarily. The Etiquette Workshop will be held either online via Zoom or at various hired venues located throughout the Melbourne or Perth metropolitan area (Venue).
- If your child is attending an Etiquette Workshop, you warrant that your child is medically and physically fit and free from impairment and able to participate in the Etiquette Workshop activities.
- If attending an in-person workshop, you agree not to bring food containing nuts, or pets, to the Etiquette Workshop.
- In the event of an accident, Auersmont School of Etiquette and Protocol will not accept any responsibility for organising treatment or emergency transportation.
You also acknowledge that Auersmont School of Etiquette is not in any way responsible for any loss or damage of my personal property or damage to the venue. Any issues will be dealt with directly with the venue operator.
If any portion of this release from liability is deemed by a court to be invalid then the remainder of this release is to remain and the invalid provision (or provisions) removed.
By signing below, you confirm that you have read, understood and accept the terms of this document. You are signing this document voluntarily and acknowledge that your signature serves as complete and unconditional release of all liability to the greatest extent allowed by law and that it cannot be changed other than in writing by Auersmont School of Etiquette and you. Please note that if you are under the age of 18, a parent or guardian must sign the Consent Form below: Parent or Guardian Consent Form
_________________________________
Participant name (PRINT)
_________________________________
Participant Signature
_________________________________
Date
Parent or Guardian Consent Form (if applicable)
Full name of parent or guardian: ________________________________________________
Relationship (parent or guardian) ________________________________________________
Email address: _______________________________________________________________
Address: ____________________________________________________________________
I give consent for (full name of child) _____________________________________________
to participate in the Etiquette Workshop, in accordance with the terms and conditions of the Terms and Conditions and Liability Disclaimer, Waiver and Release above.
Signature of parent or guardian: ______________________________________
Date: _____________________
APPENDIX
COMMUNITY GUIDELINES
Individuals of all levels are welcome here. We have community members of all skill and experience levels.
We want people to feel safe when using our groups and forums and attending all events. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of behaviour or content may be reported to us and removed. Because of the diversity of our community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
- Individuals of all skill levels are welcome here.
We have members of all skill and experience levels. - Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed. - No pitching to the group
We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads. - No gated content
Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view. - Respect confidentiality
Content gathered in our Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only. - Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content. - Partnering with other members
Access to this group does not mean that we endorse anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy. - Report posts that are breaking group policies
Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them. - Breaking the rules
If you are deemed to be breaking the rules of the group, we reserve the right to remove you from the event or Facebook group that the offending behaviour has occurred within. © Progressive Legal Pty Ltd – All legal rights reserved (2020). These guidelines were last updated in August 2020.
