TERMS & CONDITIONS
1 – Definitions
1.1 “CCA” means Competition and Consumer Act 2010.
1.2 “Client” means the person that signs this Application which incorporates these Terms and Conditions (Application) being the person entering into the arrangements detailed in these Terms and Conditions and extends to their administrators, executors, heirs and permitted transferees.
1.3 “Costs” means the costs to be paid by the Client to MJB Seminars in respect of the Evolve Package as detailed in this Application.
1.4 “Financial Details” means the information provided for within this Application.
1.5 “Payment Plan” means those payment options in respect of the Costs for the Package as detailed in this Application.
1.6 “MJB Seminars” means Carbeh Pty Ltd (ACN 114 602 747) C/- Horizon Accountants & Advisory, Level 1, 35 Cedric St, Stirling in the State of Western Australia 6021, its successors and assigns or any other person acting on behalf of or with the authority of Carbeh Pty Ltd.
1.7 “Evolve Package” means the product as detailed within this Application.
1.8 “Subscription” means the term in which you are subscribed to in the face of this agreement
2 – Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound by these Terms and Conditions when the Client signs this Application.
2.2 These Terms and Conditions may only be amended with the MJB Seminars’ consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and MJB Seminars.
2.3 Before the Client may commence the Evolve Package, this Application, incorporating these Terms and Conditions must first be completed and signed by the Client and given to MJB Seminars, either by hand delivery or email.
2.4 MJB Seminars will not accept the Client to commence the Evolve Package where the Client has not properly completed and signed this Application.
2.5 The client subscribes to the Plan and in so doing agrees upon and accepts these General Terms & Conditions
3 – Costs and Payment
3.1 The Costs of the Package are detailed on Page 6 of this Application, which details the options for the Client for payment plan.
3.2 These Costs detailed shall be valid for a period of thirty (30) days from the date that the Client is given this Application and, if the Client does not sign this Application within that period, MJB Seminars reserves its rights to change the Costs.
3.3 The Client acknowledges that he/she is obliged to make payment in full of the Costs until full payment of the Costs is completed.
3.4 Time for payment of the Costs (and each payment to be made pursuant to the Payment Plan), shall be of the essence and all payments to be made by the Client must be strictly in accordance with the Terms of this Agreement.
3.5 All payments must be made by, eftpos or credit card The Costs are inclusive of GST.
4 – Refund Policy
4.1. The Client has twenty eight (28) days, from the date of this agreement to request a cancellation of the agreement going forward. The approval of the request will be subject to the Client having an exit coaching call with one of MJB Seminars Coaches.
4.2 To the full extent permissible by law, no payments made by the Client are refundable
5 – Acknowledgements
5.1. The Client acknowledges that he/she has made their decision to enter into this Agreement based upon their own investigations and understanding of the Evolve Package and that he/she has not relied upon any inducement, warranty or representation from MJB Seminars in determining to enter into this Application or to commence the Evolve Package.
5.2. The Client acknowledges that MJB Seminars does not offer, purport to give and that the Evolve Package does not constitute any form of medicinal or psychological therapy.
5.3. The Client acknowledges and agrees that he/she shall have no claim nor demand upon MJB Seminars in the event that the Client perceives that the Evolve Package is not in accordance with the Client’s expectations. In that regard, the Client acknowledges that he/she has had the opportunity to make full investigations and enquiries relating to the Evolve Package and to ask MJB Seminars and its representatives all such questions relating to the Evolve Package and to request all such information from MJB Seminars that he/she requires in determining to enter into this Application.
5.4. Under applicable State, Territory and Commonwealth Law (including without limitation the CCA), certain statutory implied guarantees and warranties (including without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees).
5.5. MJB Seminars acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees.
5.6. Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, MJB Seminars makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Evolve Package. MJB Seminars’ liability in respect of these warranties is limited to the fullest extent permitted by law.
5.7. If the Client is a consumer within the meaning of the CCA, MJB Seminars liability is limited to the extent permitted by Section 64A of Schedule 2.
5.8. If the Client is not a consumer within the meaning of the CCA, MJB Seminars liability is:
5.8.1 limited to the value of any express warranty provided to the Client by MJB Seminars at MJB Seminars sole discretion;
5.8.2 otherwise negated absolutely.
6 – Default
6.1 Interest on overdue money to be paid by the Client pursuant to this Application shall accrue daily from the date when payment becomes due, until the date of payment, at the rate of one per cent (1%) per month.
6.2 If the Client owes MJB Seminars any money (Debt), the Client shall indemnify MJB Seminars from and against all costs and disbursements incurred by MJB Seminars in recovering the Debt (including but not limited to internal administration fees, legal costs on a solicitor and own Client basis, collection agency costs and any bank dishonour fees).
6.3 Without prejudice to any other remedies MJB Seminars may have, if at any time, the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions, MJB Seminars may suspend or terminate the Client’s access to all components of the Evolve Package and any otherServices. In this event, MJB Seminars will not be liable to the Client for any loss or damage the Client suffers because MJB Seminars has exercised its rights under this Clause.
6.4 Without prejudice to MJB Seminars other remedies at law, MJB Seminars shall be entitled to cancel all or any part of the Evolve Package or any other Service to be provided to the Client by MJB Seminars,pursuant to these Terms and Conditions, and all amounts owing to MJB Seminars shall, whether or not due for payment, become immediately payable if:
6.4.1 any money payable to MJB Seminars becomes overdue, or in MJB Seminars opinion, the Client will be unable to make a payment when it falls due;
6.4.2 the Client becomes insolvent, or enters into any scheme of arrangement with creditors, or makes an assignment for the benefit of its creditors; or
6.4.3 a trustee is appointed in respect of the Client’s estate or any asset of the Client.
7 – Cancellation
7.1 MJB Seminars may cancel any component of the Evolve Package at any time before the component is due (or delivering any other Service to the Client). On giving such notice, MJB Seminars shall repay to the Client any money paid by the Client for that component or Service. MJB Seminars shall otherwise not be liable for any loss or damage whatsoever arising from such cancellation.
8 – Privacy Act 1988
8.1 The Client agrees for MJB Seminars to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by MJB Seminars.
8.2 The Client agrees that MJB Seminars may exchange information about the Client with those credit providers either named as referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
8.2.1 to assess the Client’s ability to meet its obligations under this Agreement; and/or
8.2.2 to notify other credit providers of a default by the Client; and/or
8.2.3 to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
8.2.4 to assess the creditworthiness of the Client.
8.3 The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
8.4 The Client consents to the MJB Seminars being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
8.5 The Client agrees that personal credit information provided may be used and retained by MJB Seminars for the following purposes (and for other purposes as shall be agreed between the Client and MJB Seminars or required by law from time to time):
8.5.1 the provision of Services; and/or
8.5.2 the marketing of Services by MJB Seminars and its agents; and/or analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/ or processing of any payment instructions, direct debit facilities and/or credit facilitiesrequested by the Client; and/or enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services;
8.6 MJB Seminars may give information about the Client to a credit reporting agency for the following purposes:
8.6.1 to obtain a consumer credit report about the Client;
8.6.2 allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
8.7 The information given to the credit reporting agency may include: personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s license number); details concerning the Client’s application for credit or commercial credit and the amount requested; advice that MJB Seminars is a current credit provider to the Client; advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed; information that, in the opinion of MJB Seminars, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations); advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once; that credit provided to the Client by MJB Seminars has been paid or otherwise discharged.
9 – General
9.1 The failure by MJB Seminars to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect MJB Seminars right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state of Western Australia, and are subject to the jurisdiction of the Courts in that State.
9.3 Subject as specifically stated otherwise in this Application, MJB Seminars shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by MJB Seminars of these Terms and Conditions (alternatively MJB Seminars liability shall be limited to damages which under no circumstances shall exceed the Cost).
9.4 The Client shall not be entitled to set off against, or deduct from the Costs, any sums owed or claimed to be owed to the Client by MJB Seminars nor to withhold payment of any payment due in respect of the Costs because any payment is in dispute.
9.5 MJB Seminars may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
9.6 The Client agrees that MJB Seminars may amend these Terms and Conditions at any time. If MJB Seminars makes a change to these Terms and Conditions, then that change will take effect from the date on which MJB Seminars notifies the Client of such change.
9.7 MJB Seminars shall not be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, storm or other event beyond the reasonable control of MJB Seminars.
9.8 The Client acknowledges and agrees that MJB Seminars has the exclusive right, title and interest in and to its intellectual property and the Client acknowledges that it does not have any rights in MJB Seminars’ intellectual property. The Client must not use MJB Seminars’ intellectual property without its prior written approval.
10 – Service of Notice
10.1 A party to this Application may serve a Notice upon the other party to this Application by:
10.1.1 Personal service on the other party; or Pre-paid post to the other party at the address shown within this Application for that party; or By sending it by email to the email address of the addressee shown on this Application.
10.1.2 Service is effected two (2) days after posting, if a Notice or Request is post.
11 – Indemnity Clause
11.1 The Client holds MJB Seminars harmless from any action, claims, liability or loss in respect of the performance of the services.
11.2 MJB Seminars acknowledges that it is not authorized to provide financial product advice, under the requirements of Australian Financial Service License (AFSL), and makes no attempt to do so. Further to this, MJB Seminars recommends any financial decisions made by the client as a result of knowledge or material provided by MJB Seminars must be Independently reviewed by a Financial advisor of the Clients choice.
12 – Business Contact Details
Carbeh Pty Ltd ATF The Carbeh Family Trust
ABN: 8055 1159 441
ADDRESS: PO Box 807 Mt Lawley WA 6929
PHONE: (08) 9240 7553
EMAIL: accounts@mjbseminars.com.au
YOUR PRIVACY IS PROTECTED
All personal information will be stored securely and will not be shared with any third party.
