POWERTEX AUSTRALIA WORKSHOP TERMS AND CONDITIONS
1 About the Workshop
1.1 Thank you for visiting our page. Powertex Australia (ABN 61 644 524 800) (Powertex) offers workshops and events that provide participants with an opportunity to connect, participate and learn (the Workshops) about the art supplies and other goods that are listed for sale on the Website (the Products). Access to the Workshop and any of the associated Products, and use of the Products and Workshops, is provided by Powertex.
1.2 Please read these terms and conditions (the Terms) carefully. By clicking “I agree to the Terms and Conditions” and/or by registering for the Workshop, you agree that you have read, understood and agree to be bound by the Terms. If you are registering for a child, you must be the child’s parent or guardian and agree that you and the child agree to the Terms. If you do not agree with the Terms, you must not register for the Workshop.
1.3 Powertex reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Powertex updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Terms for your records.
2 Offer and Acceptance of the Workshops
2.1 You may register for the Workshop by making a booking for the available Workshop through the following web address www.powertex.com.au or through the third-party booking website, such as Trybooking.com or Eventbrite.com, and paying the required fees for this registration, and any additional fees mentioned while making the booking. By booking the Workshops, you are offering to attend a Workshop on and subject to these Terms.
2.2 The registration for the Workshop can only be made by adults above the age or 18 years.
2.3 After booking for the Workshop, you will receive an acknowledgement confirming your order. This acknowledgement will only be an acknowledgement of receipt of the order and will not constitute acceptance of your order. Powertex reserves its absolute discretion to reject your offer to register for the Workshop without having to provide you with any reason for doing same. A contract between you and Powertex will not be formed until Powertex accepts your order and your payment has been processed.
2.4 Once the payment has been processed, you will receive an electronic invoice.
2.5 You acknowledge and agree that Powertex may, at its sole discretion, decide to change the venue where the Workshop is to be provided, and that under no circumstances can Powertex guarantee the attendance of any third- party contributors (e.g. expert speakers).
3 Registering for the Workshop
3.1 Prior to registering for the Workshop, you may be required to provide your or your attending child’s personal information such as your name, occupation, address, email address and phone number.
3.2 You agree that any personal information you give to Powertex will always be accurate, correct and up to date.
3.3 You may not register for the Workshop and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Powertex; and/or
(b) you are a person barred from registering for the Workshops under the laws of Australia or other countries including the country in which you are resident or from which you use the Workshops; and or
3.4 By using the Website or registering for the Workshop, you represent and warrant to Powertex that:
(a) you have reached the legal age in your jurisdiction;
(b) you have the right, authority and capacity to enter into a contract with the Powertex and to agree to and abide by the Terms;
(c) if you are registering for the Workshops on behalf of Powertex, that Powertex is taken to have accepted the Terms and you are taken to have been duly authorised to bind Powertex; and
(d) you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Powertex policies.
4.1 In order to register for the Workshop, you are required to pay a fee (the Workshop Fee) and, if applicable, a fee for the Products and associated materials provided at the Workshop (the Materials Fee). You agree that Workshop Fee will be forfeited to Powertex if you do not attend the Workshop.
4.2 You agree that where there are any additional workshops or services offered by Powertex, Powertex is entitled to charge additional fees.
4.3 Whilst Powertex tries to ensure that all prices which appear on the Website and the links to the Workshop page are accurate and current, errors may occur. Powertex reserves the right to correct any errors and to change or update information at any time without prior notice. Powertex also reserves the right to refuse any booking for registration that you may place based on information on the Workshop that may contain errors.
4.4 Unless otherwise stated, all amounts, described on or in connection with the Terms, are listed in Australian Dollars (AUD) and are GST exclusive.
5 Payment Terms
5.1 The registration for the Workshop will not be complete until the completed registration order is received by Powertex and the Workshop Fee has been processed.
5.2 For the Workshop offered by Powertex, a tax invoice and confirmation of your reservation will be sent to you via email to your nominated email address within five (5) business days, upon an acknowledgement confirming your reservation. For the avoidance of doubt, your registration will not be complete until all relevant fees, including the Workshop Fee and Material Fee, is paid and processed.
6 Cancellation and Refund
6.1 For our Workshops, if you cancel the registration, you will not be entitled to any refund.
6.2 You understand and agree that Powertex reserves its right to cancel a Workshop in the unlikely event, if any, including unavailability of the artist or minimum number of participants not reached. Powertex will endeavour to inform you about the cancelled Workshop at least 48 hours before the Workshop commencement time.,
6.3 You agree that in the event of any cancellation of a Workshop, at Powertex sole discretion, may either:
(a) refund any payments that have been made;
(b) reschedule the Workshop to an alternative date; or
(c) issue credits for the value of the Workshop Fee.
6.4 In the event of any cancellation of the Workshop by Powertex pursuant to the above clause 6.3, where Powertex has chosen to provide you with a refund, Powertex will refund to you the Workshop Fee within fourteen (14) business days of the Workshop date (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. You agree and acknowledge that this refund will not include the Materials Fee or any additional fees, such as merchant banking/transaction fees charged by third party event booking services.
7 Photographs and/or video-taping
7.1 You must not take photographs, record and/or video-tape the Workshop without prior consent of Powertex. If Powertex grants you permission to photograph, record, or video-tape the Workshop, this permission is for the sole purpose of enhancing your own personal art practice. For the avoidance of doubt, you may not share any instructional photographs, recordings and/or video-tape or the Workshop, including in private or social media.
7.2 You agree that Powertex, as the organiser of the Workshop, is entitled to take photographs and/or video-tape the Workshop and any art created by you during the Workshop.
7.3 If you or your art created in the Workshop appear in the photos and/or videos, you grant to Powertex and its successors an irrevocable, non-exclusive, transferrable, perpetual, royalty-free, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit the photos and/or videos.
7.4 You further acknowledge that:
(a) Powertex owns all rights (including copyright) in the photos and videos;
(b) any use that Powertex makes of the photos and/or videos is an authorised use; and
(c) Powertex shall not be liable to you for any infringement of any of your rights arising from its use of the photos and/or videos, including (but not limited to) claims under tort law, contract law, and the Competition and Consumer Act 2010 (Cth).
8 Copyright and Intellectual Property
8.1 The Website, Workshop, and all of the related products of Powertex are subject to copyright. The materials and content on our Website, Workshop registration page, and at the Workshop is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website’s and Workshop registration page’s content and compilation (including text, graphics, logos, button icons, video images, audio clips and software) and all materials provided to you by Powertex or posted to the Website or Workshop registration page (the “Content”) are owned or controlled by Powertex and are reserved by Powertex or its contributors.
8.2 Powertex retains all rights, title and interest in and to the Website and Workshops and all related content. Nothing you do on or in relation to the Website and/or Workshop will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
8.3 You may not, without the prior written permission of Powertex and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content for any purpose. This prohibition does not extend to materials on the Website or the Links which are freely available for re-use or are in the public domain.
9 Your Obligations
9.1 You agree and acknowledge that you will disclose any medical condition or disability that may affect your participation in the Workshop by informing us by sending an email at firstname.lastname@example.org at least 2 weeks prior to the date of the Workshop. Powertex aims to provide a safe working environment and facilitate your needs as much as Powertex can without compromising the Workshop. However, Powertex reserves the right to cancel your registration based on this information if the appropriate arrangements cannot be facilitated by Powertex.
9.2 You agree and acknowledge that you will not cause any damage to any venue, including outside areas, and all inside areas, flooring, fixtures, fittings, etc. You will be responsible for any damage caused by you to the venue and will reimburse Powertex in relation to any damage so caused.
9.3 You agree and acknowledge that you will be responsible for your personal belongings with you at all times at the Workshop or the venue. Powertex accepts no liability for any damage to or loss of your personal belongings brought to the Workshop by you.
9.4 If you are a parent or guardian of an attending child, you will be responsible for the actions of you and your child, You must ensure that the you and your child act courteously to and collaboratively with other attendees and Powertex’s staff. Any dangerous, rude, or disruptive behaviour may result in your expulsion from the event without refund.
9.5 You agree and acknowledge that you have all the necessary insurance, including emergency medical evacuation, emergency medical expenses, personal health, etc. Powertex does not accept liability for any insurance costs.
10 General Disclaimer
10.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2 Subject to this clause 10, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Powertex will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Workshop or these Terms (including as a result of not being able to use the Workshop or the late supply of the Workshops), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3 Use of the Website, the Workshop, and any of the products of Powertex, is at your own risk. Everything on Powertex, the Workshop, and the products of Powertex, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Powertex make any express or implied representation or warranty about its Content or any products or Workshops (including the products or Workshops of Powertex) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Workshop or any of the products of Test Engineering Alliance;
(d) the Content or operation in respect to links which are provided for your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11 Limitation of liability
11.1 Powertex’s total liability arising out of or in connection with the Workshop or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent fee paid by you for the registration for the Workshops under these Terms or where you have not paid the fee, then the total liability of Powertex is the resupply of information to you.
11.2 You expressly understand and agree that Powertex, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3 Powertex is not responsible or liable in any manner for any site content (including the Content and third party content) posted on the Website or in connection with the Workshop, whether posted or caused by attendees, by third parties or by any of the Workshop offered by Powertex.
11.4 Powertex does not control and is not responsible for the behaviours and actions of its attendees, their comments, posts or information that they upload. Accordingly, Powertex is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Website or the Link or in connection with any of the Workshops provided on the Website or through the Link.
11.5 Whilst every reasonable precaution will be taken by Powertex to ensure safety at the Workshop, Powertex will not be liable, in any circumstances, for any loss or damage suffered by you or any registrant in relation to the Workshop. Nothing in these Terms shall be deemed to limit the liability of any person for death or personal injury caused by anything which it is unlawful to exclude or limit liability.
12.1 You agree to indemnify Powertex, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any:
(a) action or inaction of you or the child that you have registered to attend the Workshop in contravention of a direction of Powertex or not directed by Powertex;
(b) improper use of the Products by you or the child that you have registered to attend the Workshop;
(c) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(d) any breach of the Terms.
13 Dispute resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice by email to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by and the mediation will be held in accordance with the mediation guidelines prescribed, if any, by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(d) The mediation will be held in Perth, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5 Termination of Mediation
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13.6 Legal Proceedings
In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
14 Venue and Jurisdiction
The Workshops offered by Powertex are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
15 Governing Law
This agreement is governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
16 Independent Legal Advice
Both Parties confirm and declare that the provisions of this agreement are fair and reasonable and both Parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
© Powertex Australia
Last Update: 13 May 2020