Definition
1. References to “ES” in this Terms & Conditions are references to Eddy Street KK.
2. References to “Client” or “Clients” or “You” in this Terms and Conditions are references to you
3. References to “we” or “us” in this Terms and Conditions are references to Eddy Street KK.
4. References to “investment” in this Terms & Conditions are references to the full pay- ment for the Training Product
Engagement
5. You have agreed to purchase from us the Training Product offered by us
6. You hereby acknowledge and agree that you have read all the terms and conditions contained in this Order Form (“Order Form”) and you agree that this Order Form together with these Terms and Conditions form a contract between you and us.
Investment and Payment
7. You must pay to us in consideration of the delivery of the Training Product: -
a. The investment sum in one lump sum on the signing of the Order Form by you without set off, deduction or counterclaim unless otherwise agreed
b. Should a payment plan be agreed upon, we’ll need a deposit of at least $500 to secure any special offer made on the day (deposits are non-refundable)
c. An additional fee of 10% may apply should full amount not be paid as agreed upon when payment plan was established
d. If we have agreed that you may pay by instalment, you must pay each instalment to us in full and without set off or deduction the Instalment Sum on the Instalment payment date
8. Payments made under this agreement must be made by the means specified in the Order Form
9. Should you not pay to us an instalment sum by the Instalment Payment Date for that sum then all monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction nor counterclaim without need for further demand
Cooling Off Period
10. This agreement shall by voided if you advise us in writing, within eight (8) days of signing the Order Form, that you no longer wish to receive our Training Product by delivering or sending (including by electronic mail) a written cancellation notice to us (hereinafter referred to as “Cancellation Notice”). We will refund to you all monies or part thereof which you have paid to us under this Agreement within thirty (30) business days from the date we are in receipt of such Cancellation Notice
Cancellation
11. We may cancel the Training Product for any reason whatsoever by written notice to you. You hereby and agree that in the event the Training Product are cancelled by us, you are only entitled to a refund of the payment for the balance of unfulfilled Training Product, which you have paid to us, free of any interest and charges and that you shall not be entitled to claim against us for any other costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation
12. You further acknowledge that we shall have no further liability to you in respect of the cancellation
Refunds
13. You acknowledge that you shall not be entitled to and shall not claim a refund other than by strict compliance with clauses 10 and 11. You further acknowledge that this is an essential term of this agreement which we rely.
14. You acknowledge and agree that there will be no refund for any request for cancellation of the Training Product after the Cooling Off Period referred to in Clause
15. For avoidance of doubt, we shall not refund any sums to you as a result of your non- attendance of or withdrawal from, the Training Product
Time and place
16. You hereby confirm that you have given a valid email address and accurate contact details in the Order Form. We shall not be responsible and / or liable for any delay and / or failure to deliver to you any updated information and / or services resulting from your failure to supply a valid email address and the accurate contact details.
17. You hereby agree that we reserve the right to amend and / or cancel any training, event, timing, dates and venue and / or substitute the trainer for any live or online training. We will notify you in writing of the changes made and you shall not be entitled to any claim for a refund or for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation or amendment or changes
Intellectual Property
18. We shall have all the rights, title and interest in all intellectual property used by us in performing the Training Product (subject to the rights of the presenters) and all intellectual property we may develop as a result of the performance of the Training Product
19. In performing the Training Product for you, we do not transfer the title to you in any intellectual property and title to all such intellectual property remains with us
20. We grant you a personal, non-exclusive, non-sublicensable, recoverable, license to use the Materials strictly for personal non-commercial purposes only. Any other use or exploitation of the Material is strictly prohibited and may result in criminal or civil action.
21. You may not: -
a. alter any of our intellectual property or the Materials; and / or
b. use any recording devices or record the Training Product; and / or
c. sell the intellectual property or the Materials (“IP”) or supply the IP to any other third parties
Limitation of Liability
22. We:
a. exclude all terms, conditions and warranties implied by custom, the general law or statute, or which cause any part of the agreement to be void (“Non-excludable condition”): and / or
b. limit our liability to you for breach of an Non-Excludable Condition to the total amount actually paid by you under this agreement; and / or
c. limit our liability to you for any claim (whether arising in contract, tort or statute) for any loss or damage whatsoever suffered by you in relation to providing the opportunity to you to purchase the Training Product to the total amount actually paid by you under this agreement; and / or
d. exclude all liability for consequential damage (including but not limited to, loss or revenue or loss or profit) suffered by you in any way relating to the revision of the opportunity for you to purchase the Training Product or your exercise of rights under this agreement; and / or shall not be liable to you for any loss of profits, loss of revenue or income, loss of business, loss of reputation, depletion of goodwill and / or similar losses, loss of anticipated savings, loss of opportunity, loss of use, whether or not the type of loss was foreseen or reasonably foreseeable, or any special, indirect or consequential loss, costs, damages, charges or expenses suffered by you
Force majeure
23. If the provision of the Training Product as contemplated by this Agreement are prevented or cancelled because of an Act of God, inevitable accident, fire, blackout, flood, or any other calamity, or if by reason of riots, strikes or lockouts, or any other events beyond the direct control of ES, ES may at its option postpone the delivery of the Training Product from the original schedule and you are not entitled to claim for a refund or for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such postponement.
General
24. You hereby agree that you shall provide accurate, current and complete information as may be required in the course of purchasing the Seminar Services (hereinafter collectively referred to as “Client’s Details”). You further agree to maintain and update the Client’s Details as required to keep them accurate, current and complete.
25. You further agree ES may store and use the Client’s Details provided by you (including payment card information) for use in maintaining your account
26. All notices or other communications must be made to the addresses specified in the Order Form
27. Any notice or request deemed necessary to be served by either party hereto to the other under the provisions of this Agreement shall be in writing and shall be deemed to be sufficiently served
a. if it is given by either party by prepaid registered post addressed to the other party to be served at his / her / their address hereinbefore mentioned;
b. if it is given by either party and dispatched by hand to the party to be served;
c. If it is given by emails by either party, when the sender’s email system confirming successful transmission of such notice
28. The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any dingle exercise of any power or right preclude any other or further exercise of it, or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver
29. Any provision is this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the validity or enforceability, without affecting the validity or enforceability of that provision in any other jurisdiction
30. This agreement may not be varied except in writing signed by the other party
31. Should any provision of this agreement be held by a Court to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected
32. Entire Agreement. This Agreement constitutes the entire Agreement between ES and you concerning this transaction and replaces all previous communications, arrangements, representations, understandings, and Agreements, whether verbal or written between the parties to this agreement or their representatives. No representations or statements of any kind made by either party that are not expressly stated in this Agreement shall be binding on such parties
No Guarantees / Warranties
33. You confirm that you have been explained the scope and extent of the product and / or services covered and you acknowledge that the effectiveness of the Training Product provided to you depend on facts not under the control of ES and the profitability of the same is not guaranteed
Consent
34. You hereby confirm that you consent to your email address being used for the mailing list of ES for purposes of notification of products and / or services being ES and / or its affiliates. Your email address is kept confidential, and never will be published, sold or disclosed to third parties without your explicit consent. You can remove yourself at any time by using the unsubscribe link provided at the bottom of each email we send
Indemnification
35. You agree to accept full responsibility of your purchase, participation and / or outcome of any decisions made after attending any ES seminars or events, ES and its affiliated entities, associates and any of its representatives accept neither responsibility nor liability nor will it indemnify you for any and all costs, expenses, losses, damages, liabilities, which may be incurred or suffered by as a result of these decisions.
36. You agree that any purchase decisions are not influenced by any prior relationship or dealings with ES or any of its officers, directors, employees or representatives. Should you enter into a contractual relationship with any trainer(s) and / or any ES representative(s) at / or subsequent to training, you do so at your own risk, and acknowledge that ES has neither responsibility for, nor liability with regards to, any contracts or relationships entered into between yourself and the trainer(s) and / or ES representative(s)
37. You acknowledge and agree that while the trainer’s presentation at the event is with the con- sent of ES, ES assumes no responsibility for the accuracy or appropriateness of any information provided at the training by the trainer(s).
We reserve the right to alter the terms and conditions with prior notice.