Documents constituting agreement and definitions
- The contract between Creating Infinite Possibilities Pty Ltd (Company) and the customer (or any person authorised by you as customer) (You or Your) relating to any Goods or Services supplied by the Company are subject to these terms and conditions (Terms), the Purchase Order (if applicable), the Registration Form (if applicable) and any other document or agreement agreed by the Company in writing as forming part of the commercial arrangement between the Company and You (together, Contract).
- Confirmation means a written confirmation of a Training Session or Training Package issued by or on behalf of the Company in accordance with these Terms.
- Consequential Loss means loss of Goods, loss of contract, loss of profit, loss of business reputation, loss of opportunities, loss of revenue howsoever arising and whether in an action in contract, tort (including negligence), in equity, Goods liability, under statute or on any other basis.
- Goods means any jewellery, music books, artwork and other items offered for sale by the Company from time to time.
- Online Platform means the online platform, meeting platform or hosting site notified to You by the Company or any the Service Provider Personnel.
- Purchase Order means an order for Goods, communicated by email, formal purchase order or via any checkout facility on the Website.
- Registration Form means the registration form provided by the Company in accordance with these Terms.
- Service Provider Personnel means Deb Macintyre and/or any officer, employee or consultant of the Company from time to time.
- Services means any Training Session, Training Package, consultation or other service provided by Service Provider Personnel from time to time.
- Training Fee means the fee payable by You for a Training Session or Training Package as published on the Website or otherwise as communicated to You at the time of purchasing or subscribing to a Training Package.
- Training Package means one or more Training Sessions as stated on the Registration Form and/or Confirmation.
- Training Session means any training or consultancy session offered or given by Service Provider Personnel at a designated time and date as set out in a Confirmation.
- Website means https://www.debmacintyre.com/.
Delivery of Goods
Supply of Services
Bookings, cancellations and rescheduling
Price of Goods and Services
Company warranties and liability
Customer representations and warranties
Confidentiality and intellectual property
Interest and costs
Retention of title of Goods
You agree that legal and equitable title to the Goods is retained by the Company and does not pass until the Company has received payment in full for the Goods and all other moneys owed by You to the Company and until such time You will hold the Goods as a bailee of the Company and a fiduciary relationship will exist between the Company and You.
Title and risk
You indemnify the Company against any claim, action, damage, loss, liability, cost, charge, expense, outgoing or payment which the Company pays, suffers, incurs or is liable for in connection with any breach of the Contract by You or the use of the Goods (or the sale of goods made from the Goods), other than to the extent the same arises from the negligence or wilful default of the Company or any employee, agent or officer of the Company and this indemnity is a continuing obligation and remains in full force and effect until all money owing, contingently or otherwise, under this indemnity has been paid in full.
The Company shall not be liable for any prevention of or delay in performance of its obligations under the Contract which is caused by any event or circumstance which is beyond the reasonable control of the Company including any act of God, strike, lockout or other labour dispute, war, riot or civil commotion, accidental breakdown to any machinery or facilities necessary for the transportation or delivery of the Goods to the delivery point.
Competition and Consumer Act 2010 (CCA)
In these Terms headings and bold type are for convenience only and do not affect the interpretation of these Terms and, unless the context otherwise requires: