Here’s Our Legal Stuff & Fine Print – Should you ever need it!!
NLP Academy Australia Products/Services Terms and Conditions
1. The Contract
1.1 The Buyer (that’s you) warrants that (a) you are legally capable of entering into binding contract(s) and (b) you are 18 years of age or over.
1.2 NLP Academy Australia’s Contract will relate only to the course(s) that we have confirmed in our course confirmation correspondence to you. The confirmation correspondence may be via email and/or any form of written text.
1.3 The Contract between you and NLP Academy Australia is binding on you and us and on our respective successors and assigns.
1.4 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
1.5 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
2.1 Your ability to attend the course(s) you have ordered and we have confirmed in our written confirmation, will be at your own risk from the time of dispatch of the confirmation. Your entitlement to attend the course(s) will only arise when we have sent you the confirmation and we receive full payment of all monies due in respect of the course(s).
2.2 The Buyer of any product through NLP Academy Australia and/or its associates assumes all of the risks including, NLP Academy Australia will not cover any risk, loss, cost or expense. Where any past results or performance are given no one can predict future results (we don’t have a crystal ball) and past results are not indicative of future performance. (ain’t that the truth)
2.3 The Buyer understands that they have not received any personal financial advice nor have they specifically been advised to invest in any product. (i) No-one is authorised to provide; and (ii) no-one is able to provide legitimate or reliable predictions or indications as to the future performance that may be obtained from any NLP Academy Australia product. Everyone is advised herein to seek whatever professional advice they may require before relying on any information provided or buying any NLP Academy Australia product.
3. Pricing, Payments and Defaults
3.1 The price of any of our course(s) will be as quoted in our course materials and or on our site(s), including but not limited to our Facebook page and/or any other social media site(s) and from time to time on any or all of our promotional material, except in those cases of an obvious error.
3.2 The prices are subject to change at any time, but don’t worry, price changes won’t affect any orders where we have already sent you a confirmation.
3.3 Our site(s) and promotional material refer to lots of different courses and it’s always possible that, even with our super dooper best efforts, some of the courses listed on one of our site(s) may be incorrectly priced (we’re all human). We will normally verify the prices by following our procedures so that, where a course's correct price is less than our stated price, we will charge the lower amount when sending the confirmation to you. If a course's correct price is higher than the price stated on our site(s) or in our promotional material, we will contact you before we send you any confirmation, or reject your order and notify you of any rejection.
3.4 We’re under no obligation to provide a course to you at the incorrect (lower) price, even after we’ve sent you a confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
3.5 If the Buyer defaults in payment of any invoice when its due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt, including legal costs on a solicitor and own client basis and the Seller’s collection agency costs (such costs will include 25-40% of the total debt outsourced to the collection agency).
3.6 Without prejudice to any other remedies NLP Academy Australia may have, if at any time you are in breach of any obligation (including those relating to payment), NLP Academy Australia may suspend or terminate the supply of products to you and any of its other obligations under the Terms and Conditions. The NLP Academy Australia will not be liable to you for any loss or damage you suffer because NLP Academy Australia has exercised its rights under this clause.
3.7 Without prejudice to NLP Academy Australia’s other remedies at law NLP Academy Australia shall be entitled to cancel all or any part of any order of yours which remains unfulfilled and all amounts owing NLP Academy Australia shall, whether or not due for payment, become immediately payable in the event that:(a) any money payable to NLP Academy Australia becomes overdue, or in the NLP Academy Australia’s opinion you will be unable to meet its payments as they fall due; or (b) you being an individual become bankrupt, convene a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of your creditors or being a company become insolvent, convene a meeting with its creditors or makes an assignment for the benefit of your creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.
3.8 A dishonour fee of $30 is applicable for every attempt made by NLP Academy Australia to collect funds due, when a total monthly payment or any other amount due under your contract is unable to be processed (this includes but is not limited to, defaults on a payment due to insufficient funds in your nominated bank account, a declined credit card transaction or for those customers who default in their direct debit payments).
3.9 A payment deferral fee of $35 is applicable, where NLP Academy Australia agrees to defer a total monthly payment or any other amount due under the agreement upon written request from a client.3.10 Dishonour fees are payable immediately upon the dishonour. A payment deferral fee is payable at the same time as the deferred payment is due.3.11 Pursuant to the National Privacy Principles under the Privacy Act 1988 (Cth) we will use and disclose personal information for the primary purpose for which it was collected. We may use your information to perform credit checks on you and for the purpose of assisting in collecting overdue payments. We may also disclose your information to third parties such as to a Credit Reporting Agency that assist us in collecting overdue payments.
4. Refund Policy
4.1 Programs purchased at NLP Academy Australia comes with a 5 day cooling off period effective from the date of purchase (5 day cooling off period includes weekends and public holidays) and is subject to a cancellation fee, outlined in clause 3.2.
4.2 NLP Academy Australia will charge a cancellation fee of $495.00.
4.3 If your refund request is valid and approved, refunds or alternatively a product credit will be issued at our discretion.
4.4 If a specific refund policy applies to your product you must abide by all the terms and conditions stated, otherwise you may lose your right to a refund.
4.5 If you purchase a program and apply for a refund any future program purchases become non refundable regardless of the refund period. NB. All prices quoted are in AUD (Australian Dollars).
5. Privacy Act 1988
5.1 You and/or the Guarantor/s agree for the NLP Academy Australia to obtain from a credit reporting agency a credit report containing personal credit information about you and Guarantor/s in relation to credit provided by NLP Academy Australia.
5.2 You and/or the Guarantor/s agree that NLP Academy Australia may exchange information about you and the Guarantor/s with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes: (a) to assess an application by you; and/or (b) to notify other credit providers of a default by you; and/or (c) to exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers; and/or (d) To assess the credit worthiness of you and/or Guarantor/s.
5.3 You consent to NLP Academy Australia being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
5.4 You agree that personal credit information provided may be used and retained by NLP Academy Australia for the following purposes and for other purposes as shall be agreed between you and the NLP Academy Australia or required by law from time to time:(a) Provision of products; and/or (b) marketing of Goods by the Seller, its agents or distributors in relation to the Goods; and/or (c) analysing, verifying and/or checking your credit, payment and/ or status in relation to provision of products; and/or (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by you; and/or (e) enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the products.
5.5 NLP Academy Australia may give information about you to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about you; and/or (b) allow the credit reporting agency to create or maintain a credit information file containing information about you.
5.6 The personal information on this form is being collected by or on behalf of NLP Academy Australia (ABN 22 514 889 146) to register you in our program and to facilitate the conduct of that program.
5.7 If you don’t provide us with your name and contact details, you will not be able to participate in the program.
5.8 We may also use your personal information to inform you about related products and services offered by NLP Academy Australia. If you have marked the boxes on this form to indicate your interest in areas which may be covered in new materials available from NLP Academy Australia, we may also use your details to inform you about those new materials.
5.9 Your personal information may be disclosed to our contractors and agents (such as conference organisers and information technology providers) and may be transferred overseas for these purposes. We would also like to provide your personal information to our related bodies corporate, affiliates, licensors and licensees, so that they can send you information about their own marketing and success information products and services (including special offers).
5.10 By signing this form, you acknowledge that the program may be recorded by NLP Academy Australia using various media and that the NLP Academy Australia may sell or give away videos, audio DVDs, photographs and transcripts of the workshop, and use them in its marketing, publicity and advertising programs (both in Australia and overseas).If you would like to access the personal information that NLP Academy Australia holds about you, please contact us. We will generally provide you with access to your personal information (although a fee may be imposed). If you provide information about other individuals on this Registration Form (e.g. referrals), please let those individuals know that you have done so.
5.11 Any testimonials or discussions are provided voluntarily, without payment, inducement or other benefit and are from genuine clients of NLP Academy Australia.
6. General Advice Warning
Attendees should not act on the basis of any information provided at the seminars, courses and/or in the slide presentations and should seek advice for their specific circumstances. The contents of any products have been prepared without taking account of your objectives, financial situation or needs. Because of that you should, before taking any action to acquire any of the educational products mentioned, consider whether the product is appropriate having regard to your own objectives, financial situation and needs. You should obtain your own independent advice relating to the relevant product mentioned (which contains full details of the terms and conditions of the relevant educational product) and consider it before making any decision about whether to acquire the educational product.
7.1 This material is made available on the understanding that NLP Academy Australia is not engaged in providing any financial advice.
7.2 Information on this product is maintained by the people and organisations it relates to. Before relying on the material, you should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice.
7.3 The material may include views or recommendations of third parties, which do not necessarily reflect the views of NLP Academy Australia, or indicate its commitment to a particular course of action.
7.4 Links to other websites/products are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.
7.5 The listing of a person or company in any part of this product in no way implies any form of endorsement by NLP Academy Australia of the products or services provided by that person or company.
7.6 To the extent permitted by law, NLP Academy Australia and its respective directors, officers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defense or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profits, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the Content on the product and/ or any omissions from the Content whether in contract, tort (including negligence), statute or otherwise and even if NLP Academy Australia has been advised of the possibility of such damage or loss.
8.1 Nothing contained in this agreement excludes, restricts or modifies any rights you have under the Trade Practices Act and Fair Trading Laws, which cannot be lawfully excluded or limited. For example, your rights include an assurance from us that any services provided are provided with due care and skill and that any materials supplied in connection with those services are reasonably fit for their purpose and that any goods supplied are of merchantable quality. Other than as referred to above or expressly stated in this agreement, NLP Academy Australia does not make any promises or warranties, whether express or implied, about the services or any of our products.
8.2 Subject to clause 7.1 above, in the event that NLP Academy Australia and its respective directors, officers, employees, contractors and agents is liable to any seminar attendee or his/her employer then the NLP Academy Australia and its respective directors, officers, employees, contractors and agent’s total liability whatsoever (including in negligence) is limited to a maximum amount of $200 in respect of each such attendee, Member and purchaser.
9. Intellectual Property
9.1 You acknowledge and agree that all intellectual property rights (including, without limitation, copyright, trademarks, patents, and design rights) and all other materials that contain proprietary and confidential information is owned by The NLP Academy Australia and protected by applicable intellectual property and other laws. Except as expressly authorised by The NLP Academy Australia, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the materials, in whole or in part.
9.2 Use of our logo is strictly prohibited without prior written consent of NLP Academy Australia.
9.3 Any audio and visual recordings of our Courses or seminars is strictly prohibited without the prior written consent of The NLP Academy Australia.
9.4 We may film or record Course presenters & or trainers delivering a Course during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or for any further need of consent.
9.5 You acknowledge that certain information contained in the Course and Course materials may be already in the public domain.9.6 Course/Seminar attendees are not permitted to sell or promote products or services at NLP Academy Australia’s events without prior written permission.
10.1 Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause 9, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us (or our employees, agents, consultants or sub-contractors) and any other confidential information concerning our business or the Course or Course materials which you may obtain.
10.2 You shall not use any such information for any purpose other than to attend, participate and, where capable, complete the course and or seminar provided by NLP Academy Australia.
11. Legally Binding
This is a legally binding contract. By signing, you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions.
13. SeverabilityIf any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
14. Entire AgreementThis Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof.
15. Governing lawThe agreement shall be governed and construed in all respects in accordance with the laws of Australia and all its States and Territories.
16. AdditionalAll speaker workshops are subject to change – Please check our website closer to event date. In the event the participant needs to cancel and or change dates of their attendance to an event or seminar or course – An additional fee will be applicable. Fees, terms and conditions may vary from training to training. In the event the NLP Academy Australia has not been notified, that participant will not be attending 14 days prior to the workshop/event- the participant acknowledges they may forfeit their ticket to attend that workshop/event.
Email: [email protected]
Office Address: Level 21, 1 Alfred St Sydney NSW 2000
Phone: 1300 657 358