Terms and Conditions
Last updated: June 05, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.efficiencyhub.com.au website, becoming a member or participating in any workshops or events (hereby referred to as the “Service”) operated by Nathalie Reiter Pty Ltd and all its registered business names including but not limited to The efficiency hub (hereby referred to as”Us”, “We”, or “Our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access, attend or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing, using or attending the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1. Purchases, Workshops and Events
If you wish to purchase any product (physical as well as digital), workshop and event admissions, or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to Us is true, correct and complete.
By submitting such information, you grant Us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product, workshop, event or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products, workshops, events or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
2. Availability, Errors and Inaccuracies
We are constantly updating Our offerings of products and services on the Service. The products or services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
3. Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may, but have no obligation to, monitor and review new accounts before you may sign in and use Our Services.
Providing false contact information of any kind may result in the termination of your account.
You must immediately notify Us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) if We determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage Our reputation and goodwill.
If We delete your account for the foregoing reasons, you may not re-register for Our Services. We may block your email address and Internet protocol address to prevent further registration.
4. User Content
We do not own any data, information or material (“Content”) that you submit on the Website in the course of using the Service.
You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
We may monitor and review Content on the Website submitted or created using Our Services by you. Your use of the Website grants Us the license to use, reproduce, adapt, modify, publish or distribute the Content submitted by you or stored in your user account for commercial, marketing or any similar purpose. You grant Us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account as required for the purpose of providing the Services to you.
Without limiting any of those representations or warranties, We have the right, though not the obligation, to, in Our own sole discretion, refuse or remove any Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful or objectionable.
5. Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period).
If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
If, in Our judgment, your purchase constitutes a high-risk transaction, We will require you to provide Us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time.
We also reserve the right to refuse any order you place with us. We may, in Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
6. Workshops and Events
You will be issued with a tax invoice after payment has been processed by Us. You must pay the full amount immediately upon booking to secure participation, provided always that payment must be made in full before the workshop or event.
Cancellations & Refunds:
a. Cancellations by you must be received in writing at least 7 days before 9am on the date of the workshop. Failure to do so will incur the loss of the full workshop or event fee.
b. If We cancel a workshop through no fault of you, you will be informed by email or phone and any monies paid by you will be refunded in full within 7 days of the cancellation.
Intellectual Property and Copyright:
a. All contents of the workshop (including but not limited to Our resources, methods, materials, tools, methodology, know-how, concepts, framework, techniques, systems, designs, processes) are intellectual property held under licence by Us (“Intellectual Property”) and all rights are reserved.
b. You shall not use or distribute Our Intellectual Property other than for the your personal business use or organisation which employs you as an employee.
c. You shall not use Our Intellectual Property for commercial gain or any purpose other than as permitted in the clause (b) whether directly or indirectly through any joint venture, business, company, trust, partnership or firm and whether as owner, partner, director, shareholder, beneficiary, unit holder, officer, contractor, consultant, employee, agent or adviser.
d. Except as permitted by the Copyright Act 1968 (Cth), no part of Our Intellectual Property may be reproduced or copied in any form or by any process, electronic or otherwise, without Our express written permission.
e. Recording (whether sound or video) is not permitted at the workshop or event without prior Our written approval [and subject to you signing a “Media Acknowledgement Form” concerning the future use of such recordings].
You are responsible for advising Us at least 5 business days before the workshop or event of any special dietary requirements. Although every reasonable effort will be made to satisfy these requirements, We do not guarantee that your requirements will be met.
If you have any food allergies, you must bring your own food. We accept no responsibility for any reaction to any food or beverage supplied during the workshop or event.
You acknowledges and agree that We are not responsible and will not be held liable for any damage, theft or damage to your personal property at the venue prior to, during or after the workshop or event.
>Medical Condition and Release:
You must not participate in the workshop or event if you are not feeling well or are sick. You must not participate in specific activities, if you have any known medical condition affecting your ability to participate in mild physical or mental exercise, such as but not limited to yoga, pilates, stretching or meditation.
By participating in the workshop or event, you agree to release and hold Us and any of Our officers, employees and agents harmless from any liability in this regard to the extent permitted by law. You also waive to the fullest extent permitted by law in this regard any rights to any causes of action that you may have now or in the future against Us.
During Our workshops or events, photography, audio, and video recording may occur.
By entering the event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by Us, Our affiliates and representatives.
Images, photos and videos may be used to promote similar events in the future, highlight the event and exhibit Our capabilities.
You release Us, Our officers and employees, and any other person involved from any liability connected with the taking, recording or publication, and use of interviews, photographs, images, video and sound recordings.
By attending Our workshops and events, you waive all rights you may have to any claims for payment or royalties in connection to the use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication and irrespective of whether a fee for admission or sponsorship is charged.
You waive any right to inspect or approve any photo, video, or audio recording taken by Us or the person or entity designated to do so by Us.
7. Contests, Sweepstakes and Promotions
8. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply Our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
9. Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
10. Intellectual Property
The Service and its original content, features and functionality are and will remain Our and Our licensors exclusive property. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from Us to you.
11. Third-Party Services
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against Us with respect to such other services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.
You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Us to disclose your data as necessary to facilitate the use or enablement of such other service.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection therewith.
If applicable law requires Us to provide notice of termination or cancellation, We may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that We have for you in Our records.
As a condition of your access to and use of the Service, you agree to indemnify Us and Our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
15. Limitation of Liability
You agree that We shall not be liable for any damages suffered as a result of using the Service.
In no event shall We be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall We be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will Our aggregate liability to you exceed, in total, the amounts paid by you to us.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
18. Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
19. Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New South Wales, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New South Wales, Australia, and you hereby submit to the personal jurisdiction of such courts.
You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Our prior written consent, which consent shall be at Our own sole discretion and without obligation; any such assignment or transfer shall be null and void.
We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We, Our subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorised access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from Us or through the Service shall create any warranty not expressly made herein.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of Our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
22. Governing Law
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our Service, and supersede and replace any prior agreements We might have between Us regarding the Service.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
24. Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Website and its Services.
25. Contact Us
If you have any questions about these Terms, please email Us at email@example.com.