This Agreement is between The Knowledge Centre PTY LTD ATF The Knowledge Centre Trust (ABN 40 969 491 473) of PO Box 941, Broadway NSW 2007 Australia, (“TKC”) and you, the user of this site (“User”).
RESTRICTIONS ON USE OF MATERIALS
This service is owned and operated by The Knowledge Centre PTY LTD ATF The Knowledge Centre Trust . No material from www.knowledgecentre.com.au, www.knowledgecentre.net.au or any Web Site owned, operated, licensed or controlled by The Knowledge Centre PTY LTD ATF The Knowledge Centre Trust may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way unless permission has been expressly granted by TKC.
The following Terms govern your use of this site and any order or purchase of a product or ticket (collectively “Product”) from this site.
By accepting the Terms and Conditions of this agreement, the User: (a) represents and warrants that he or she is 16 years old or older; (b) agrees to provide true, accurate, current and complete information about the User as prompted by the Account Registration Form; TKC has the right to terminate the User's account and refuse any and all current or future use of the Service.
DISCLAIMER
Without limiting any other Term or Consumer Right, TKC and its affiliates or directors or officers exclude liability for any indirect, incidental, special or consequential damages, or loss of business or profits, which results from any use or access of, or any inability to use or access, this site or any Content. The information provided on this website is for use of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific professional advice. No responsibility for loss occasioned to any persons acting on or refraining from action as a result of any material in this site can be accepted.
Subject to any Consumer Rights you may have, TKC’s liability for breach of any implied warranty or condition is limited to any of the following, at TKC’s option:
In the case of services supplied or offered by TKC, in the following order, the supply of the services again or the payment of the cost of having services supplied again; and in the case of goods supplied or offered by TKC, in the following order, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired (in that order)
TKC uses an external resource for multiple currency conversions available to most stores as an optional function. TKC is not responsible for variations or fluctuations displayed through this currency converter or purchases derived from prices displayed through this currency converter. By using the currency conversion function the User accepts the full responsibility of the order.
1. Who may use this site
1.1. Children under the age of 16 may not purchase any Product on this site. If you are under the age of 16 and would like to purchase a Product on this site, please ask your parent or guardian for permission to assist you in this.
2. Submissions
2.1. Should the User or any person accessing this Web Site respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of (a) any document in this or any other TKC Web Site or (b) any TKC Software product, any such response shall be deemed not to be confidential and TKC shall be free to reproduce, use, disclose and distribute the response to others without limitation. The User agrees that TKC shall be free to use any ideas, concepts or techniques contained in the Users response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
3. Access and Use
3.1. You must not use this site, or any in any manner or for any purpose which is unlawful or contrary to and of these Terms.
3.2. TKC reserves the right to reject in its absolute discretion any order you place to purchase a Product, or to deny access to this site, for any conduct that TKC, in its sole discretion, believes may breach the law or any of these Terms.
3.3. Content on this site, such as graphics, logos and photographs, information, text, material, software or advertisements, (Content) is protected by Australian and international copyright and trademark law.
3.4. Content on the site must not be modified, copied, reproduced, republished, framed, uploaded to anyone else, posted, transmitted or distributed in any way except as expressly provided for on the site, or as expressly authorised in writing by TKC or its affiliates. Strictly on the condition that you keep the content intact and in the same form as presented on the network, you may download and view the content for your personal and non commercial use.
4. Your Personal Information and Privacy
4.1. You should read the Privacy Policy, which includes important statements about how we may retain and use personal information about you gathered in the course of your use of this site or purchase of any Product from this site. By using this site or purchasing any Product from this site, you consent to TKC retaining and using your personal information in accordance with the Privacy Policy and Disclaimer.
5. Links and Advertisements
This site includes links to other websites (Linked Websites). Unless otherwise stated at those websites, those websites are not controlled by TKC. By using those links, you acknowledge and agree:
5.1. TKC is not responsible for the availability of, or in relation to, content located on or through a Linked Website; inclusion of a Linked Website on this site does not imply any endorsement of the Linked Website by TKC or its affiliates or their respective directors and employees; and you link to any Linked Website at your own risk.
5.2. To the extent that this site contains or links an advertisement by anyone other than TKC, including referral buttons and embedded hyperlinks, (Third Party Advertisement) any such advertisement is paid for by the relevant advertiser and does not represent a recommendation or endorsement by TKC or its affiliates or their respective directors or employees. Where a Third Party Advertisement contains offers of products by an advertiser, you may be permitted to accept that offer by linking to a Linked Website and executing the relevant transaction. Such product offers are not made by TKC, and the third party supplier is solely responsible to you for the delivery to you of any product or service you purchase at a Linked Website.
6. Important Limitations of TKC’s Liability
6.1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer certain non-excludable rights and remedies on you in relation to access to or use of this site and provision of a Product (Consumer Rights).
6.2. TKC does not exclude any Consumer Rights, but does exclude all other conditions and warranties implied by custom, law or statute. Subject to any Consumer Rights you may have, all Content is provided as is and without warranties of any kind, either expressed or implied. Without limiting any other Term or Consumer Right, TKC and its suppliers do not warrant that this site or any Content, or any contribution by a Public in the Ask Us section, is fit for a particular purpose or of merchantable quality; that any Content or your access to this site will be uninterrupted or error-free; that any defects in this site or Content will be corrected; that this site or the server which stores and transmits Content to you are free of viruses or any other harmful components; or the results of your access to, this site (including any related or Linked Website) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
7. Your Indemnity
7.1. TKC relies on your continued observance of these Terms. If TKC suffers any loss or damage or incurs any costs in connection with any breach by you of these Terms or any other legal obligation, then you agree to indemnify TKC for those losses, damages and costs.
8. Generally
8.1. These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
8.2. We may from time to time change the terms that govern your use of this site. Your use of this site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, this site from time to time.
9. Event Tickets
9.1. Unless otherwise stated all transactions are denoted in Australian dollars. By purchasing a ticket, you agree to these terms:
9.2. To pursue the advice of a licensed professional before embarking on any of the information contained in the event.
9.3. By failing to seek personal advice from a licensed professional you immediately release any and all rights to indemnification from TKC, its directors, shareholders, promoters and affiliates.
9.4. Release any and all rights to film footage taken during the event.
9.5. Promise not to duplicate and distribute the Intellectual Property in written or electronic form of any kind without the prior written consent of the owners of said Intellectual Property.
10. Terms of Use – Shopping Cart
This statement demonstrates our firm commitment to your online privacy. In this statement, we disclose our information gathering and dissemination practises for the online shopping cart of this website. The shopping cart is brought to you by Ashop Commerce.
Please read these terms carefully. By using or visiting this section of the website, you are accepting the terms of use. These terms may change from time to time and you are bound terms of use as displayed at this point in time.
11. Purchase Policy
11.1.Returns and Exchanges
11.1.1. Returns and exchanges on purchased tickets and products are permitted under certain circumstances. To request a refund download the Refund Request Form.
11.2.Delivery of Products
11.2.1. TKC will dispatch all items in stock within 3 working days of purchase. The User will receive a confirmation email when products have been dispatched. TKC offers no guarantee of shipment or postage timeframes. Products lost in transits or mail are not the responsibility of TKC and TKC is under no obligation to fulfil the order if lost in transit. The User will be notified if items are not in stock and the expected timeframe of dispatch once the out-of-stock item is received by TKC. Items marked with “place an advanced order” are out-of-stock and will be dispatched once received by TKC from its supplier.
11.3.GST
11.3.1. GST will apply to all goods and services purchases through this site. Prices in this site include GST where applicable.
11.3.2. Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under this agreement are exclusive of GST for outside Australia and inclusive of GST within Australia.
11.3.3. In this clause the expressions “consideration”, “GST”, “input tax credit”, “recipient”, “supply” and “tax invoice” have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999.
11.3.4. If GST is payable by the supplier on any supply made under this Agreement the recipient will pay to the supplier an amount equal to the GST payable on the supply. That amount will be paid at the same time that the consideration for the supply is payable under the Agreement and will be paid in addition to the consideration. The supplier shall upon receiving that amount from the recipient provide the recipient with a tax invoice in respect of the supply.
11.3.5. If at any time an adjustment event arises in respect of any supply made by the supplier under this Agreement, a corresponding adjustment will be made between the supplier and the recipient in respect of any amount paid to the supplier by the recipient under this clause and payments to give effect to the adjustment will be made.
11.3.6. Where the recipient is required is to pay for or reimburse an expense or outgoing of the supplier, the amount to be paid by the recipient is the amount of the expense or outgoing less any input tax credit in respect of such expense or outgoing that the supplier is entitled to.
11.4.Anti-Fraud Measures
From time to time TKC may use techniques designed to identify fraudulent activities on the Site, such as fraudulent credit card use. You agree to cooperate with such efforts as TKC in its sole discretion deem necessary. You further agree that if for any reason you or others acting upon your behalf are suspected of fraud or any other breach of these terms, TKC may terminate your right to access and use the Site.
11.5.Credit Card Use
If any unauthorised use of your credit card occurs as a result of your credit card purchase from this website, you should notify your credit card provider in accordance with its reporting rules and procedures.
11.6.Security Precautions
TKC will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Payment and credit card details are fully encrypted through secure server software (SSL) technology, which is the industry standard and among the best software available today for secure commerce transactions. However, no data transmission over the Internet can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the information you provide to us will be secure at all times.
12. TKC Terms of Sale
Please read these Terms of Sale carefully before purchasing any Tickets and Products offered by TKC, you agree to be bound by the following terms and conditions:
12.1.Any additional terms and conditions that may apply to the particular type of Ticket purchased; and
12.2.In the case of the purchase of Tickets and Products online, any terms and conditions of use applicable to the web site www.knowledgecentre.net.au and www.knowledgecentre.com.au or such other web site as may be authorised or operated by TKC for the sale of Tickets and Products online from time to time (TKC Web Site), (collectively Terms of Sale).
13. Variations of Terms of Sale
TKC may vary these Terms of Sale at any time. Any variation will become effective upon publication on the TKC Web Site By making a purchase after the Terms of Sale have been varied; you agree to be bound by the variation.
Tickets and Products are sold subject to the following terms and conditions: (see below for details concerning refunds).
13.1.Cameras, audio and video recorders are not permitted inside the event space.
13.2.GST will apply to all goods and services supplied through TKC. Prices quoted are inclusive of GST.
13.3.Where concessions and group bookings are applicable, suitable identification and details of attendees must be provided upon request.
13.4.TKC reserves the right to refuse admission or sale if:
13.4.1. You fail to comply with any Terms of Sale;
13.4.2. Tickets are for a past event or are invalid; or
13.4.3. Tickets and Products are not purchased from TKC or other authorised point of sale.
13.4.4. TKC does not make any express warranties to you including, without limitation, any warranties that any advertisements, session times, locations, information or reviews in relation to any event are accurate or reliable.
13.5.To the extent permitted by law:
13.5.1. TKC excludes all conditions and warranties implied into these Terms of Sale;
13.5.2. TKC excludes all liability to you for any injury, loss or damage (including any indirect or consequential loss or damage) that you may suffer; and
13.5.3. For any liability that it cannot exclude, TKC limits its liability to refunding the price of the Ticket or supplying you with another Ticket.
13.5.4. In addition, the following terms and conditions apply to the purchase of Tickets and Products online:
13.5.5. Tickets and Products may be purchased online and paid for by way of any of the following credit cards Visa, MasterCard, American Express, Diners Club or BankCard.
13.5.6. A booking or service fee may be charged for Tickets and Products purchased online and each online booking may be limited to a maximum number of Tickets and Products.
13.5.7. Once a booking is approved and completed, you will be provided with a confirmation number which you should quote for future enquiries in relation to the booking.
13.5.8. All Tickets and receipts of Products purchased will be emailed directly to the email address supplied by you.
13.5.9. Please note that your credit card will be charged for the Tickets purchased online even if you do not attend.
14. Refunds
14.1.To the extent permitted by law, all refunds will be in the sole discretion of TKC. If a refund is made, TKC may retain any service or like fee it has charged (including booking fees) and any postage or other incidental costs that it has incurred in relation to that purchase, which are not refundable.
14.2.Where TKC has agreed to provide you with a refund, TKC will refund the value of the Ticket or Product based on the price at which the Ticket or Product was offered for sale by TKC at the time of purchase.
14.3.Without limiting its discretion to refuse any refunds, TKC may consider granting a refund in the following circumstances:
14.4.Transactions that have been charged more than once due to an Internet error or similar.
14.5.Incorrect Ticket purchase in regards to session times, event and/or location where this was caused by TKC as long as the Tickets are valid.
14.6.Disruption of a session by means of power failure, security alarm, or any other incident requiring full evacuation of the event.
14.7.Events less than 3 hours are refunded in full if missed due to unforseen circumstances, as long as contact is made within 7 days of the event.
14.8.Events longer costing less than $1000 carry a cancellation fee of a minimum of $50.00 (plus merchant fees incurred) and up to the cost incurred by TKC for food, beverage and any other incidental costs for that booking, if not attended or not cancelled 7 days prior to the event.
14.9.Events longer costing more than $1000 carry a cancellation fee of a minimum of $150.00 (plus merchant fees incurred) and up to the cost incurred by TKC for food, beverage and any other incidental costs for that booking, if not attended or not cancelled 7 days prior to the event.
14.10. The item order is out of stock and cannot be reordered by TKC.
15. Governing Law
The Terms of Sale will be governed by the laws in force in the State where the Tickets and Products will be used and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
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