TERMS AND CONDITIONS – AIRWAY AND SLEEP COURSE
- DEFINITIONS
1.1. In these Terms:
- ACL: Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended;
- Agreement: Any agreement for the provision of goods or services by The Airway Dentist to the Customer;
- Consumer: As defined in the ACL;
- Customer: The person, jointly and severally if more than one, enrolling in the Airway and Sleep Course to acquire services from The Airway Dentist;
- Goods: Goods supplied by The Airway Dentist to the Customer;
- GST: Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and its associated Regulations as amended;
- Party/Parties: The Customer and The Airway Dentist, severally and jointly;
- Services: Services supplied by The Airway Dentist to the Customer through the Agreement;
- Specific Requirements: The Customer’s reasonable personal requirements in relation to the supply of the Goods and/or Services, including accessibility requirements and dietary requirements;
- Supplier: The Airway Dentist trading as The Airway Dentist; and
- Terms: These Terms and Conditions.
- BASIS OF AGREEMENT
2.1. Unless otherwise agreed by The Airway Dentist in writing, the Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms, including the Customer’s terms and conditions of purchase (if any).
2.2. The Customer must provide The Airway Dentist with its Specific Requirements, if any, in relation to the Goods and Services.
2.3. The Airway Dentist will use its reasonable endeavours to meet the Customer's Specific Requirements, as notified pursuant to Clause 2.2, subject at all times to The Airway Dentist's business interests and in circumstances where there is no adverse impact to The Airway Dentist's usual business operations.
2.4. The Airway Dentist may vary or amend these Terms by written notice to the Customer at any time. Any variations or amendments will apply to quotes or orders placed after the notice date.
- PRICING
3.1. Prices for the supply of Goods and Services include GST and any other taxes or duties imposed on or in relation to the Services.
3.2. If the Customer requests any variation to the Agreement, The Airway Dentist may increase the price to account for the variation.
3.3. Where there is any change in the costs incurred by The Airway Dentist in relation to the Goods and Services, The Airway Dentist may vary its price to take account of any such change by notifying the Customer.
- PAYMENT
4.1. Unless otherwise stipulated in the Agreement: (a) Subject to 4.1(c), full payment for the Goods or Services must be made within 30 days of the date of The Airway Dentist's invoice. (b) Payment for the Goods or Services must be made following the terms in the Agreement. (c) The Airway Dentist reserves the right to require payment in full on delivery of the Goods or completion of the Services.
4.2. Payment terms may be revoked or amended at The Airway Dentist’s discretion immediately upon giving the Customer written notice.
4.3. The time for payment is of the essence.
- ENROLMENT
5.1. Enrolment into the Services, namely the Airway and Sleep Course, begins from the date the Agreement is executed.
5.2. Once enrolment has been completed, the Customer acknowledges that The Airway Dentist will begin to organise course materials, event venues, and staffing based upon the Customer’s participation and enrolment.
- CANCELLATIONS – COOLING OFF PERIOD
6.1. The Agreement is subject to a 5-business day cooling off period, beginning from the date of execution (Cooling Off Period). During the Cooling Off Period, the Customer is entitled to a full refund of the enrolment fee, upon request and subject to any products, admin fees, processing fees or bonus items provided in the Cooling Off Period. In circumstances where a product or bonus item has been supplied to the Customer during the Cooling Off Period, the refunded amount will be the full enrolment fee minus the value of the products or bonus items, and the admin or processing fees.
6.2. The request for a full refund, during the Cooling Off Period, must be made in writing.
6.3. The request for a full refund, during the 30 day money back guarantee period, must be made in writing. The customer must be completely up to date with the course and follow it to a tee, and prove that they haven’t learnt anything new and prove this in order for a refund to be processed. The refunded amount will be the full enrolment fee minus the value of the products or bonus items, and admin or processing fees.
6.4. Any such refunds will be processed by The Airway Dentist within 20 business days upon receipt of the written request.
- CANCELLATIONS – AT ALL OTHER TIMES
7.1. At The Airway Dentist’s discretion, cancellations of the Agreement may be granted after the Cooling Off Period. Any such cancellations will result in The Airway Dentist charging a cancellation fee of 20% of the remaining value of the Goods or Service as compensation for any direct or indirect loss caused to The Airway Dentist, as a result of the cancellation (including but not limited to the value of any product, bonus item, admin or processing fees supplied to the Customer).
- PAYMENT DEFAULT
8.1. If the Customer defaults in payment by the due date of any amount payable to The Airway Dentist, and the amount due remains unpaid for 14 days, then The Airway Dentist may, without prejudice to any of its other accrued or contingent rights: (a) Charge the Customer interest on any sum due at the prevailing rate pursuant to the standard contract default rate of 10%, for the period from the due date until the date of payment in full of the due amount; or (b) Charge the Customer an admin fee of $200 for late payment.
8.2. The Airway Dentist may, at its own discretion, refrain from providing any further Goods or Services to the Customer until all accounts, including interest, are paid in full.
8.3. The Airway Dentist may, at its own discretion, suspend or terminate the availability of the Goods or Services to the Customer and any of its obligations under the Agreement until all accounts, including interest, are paid in full.
8.4. Any financial agreements the Customer has made with any third parties in relation to payment of the Agreement are external to The Airway Dentist, and The Airway Dentist is not a party to such agreements.
- RESCHEDULING
9.1. Should the Customer request a change of date for any Goods and Services purchased, the Customer will be liable to pay an additional fee of $200 to The Airway Dentist.
9.2. Should the Customer fail to reschedule a coaching call 24 hours prior to the scheduled call time, the Customer forfeits the coaching call.
9.3. Should The Airway Dentist deem it necessary to change the date, venue, location, speaker, or times of any Goods and Services, The Airway Dentist will notify the Customer in writing of the change. If the change is not suitable to the Customer, the Customer maintains the right to reschedule their attendance without penalty. If the Goods or Services are no longer available, the Customer’s registration for the Goods or Services will be transferred to an appropriate alternative free of charge.
- RESULTS
10.1. The Customer acknowledges that individual results from the Goods and Services, including coaching and mentoring programs, may vary.
10.2. The Customer acknowledges that the Supplier does not provide any guarantee of specific results and outcomes in respect of the Goods and Services supplied to the Customer.
- TESTIMONIALS
11.1. The Supplier is permitted to use any testimonial provided by the Customer regarding the Supplier or a presenter associated with the Supplier, in part or in whole, to promote the Supplier or the presenter associated with the Supplier in any format, at any time, for marketing or training purposes.
- DISCLAIMER
12.1. The Goods and Services are offered with the understanding that the Supplier does not provide financial or legal advice.
12.2. Before relying on the Goods or Services, the Customer is advised to independently verify the currency, completeness, and relevance of the Goods and Services, and to seek independent professional advice.
12.3. The Goods and Services may include views and/or recommendations of third parties, which do not necessarily reflect the views of the Supplier or indicate the Supplier’s commitment to a particular course of action.
12.4. Any links provided by the Supplier to the Customer are provided for the Customer’s convenience and do not constitute the Supplier’s endorsement of the material, associated organization, products, goods, and services portrayed on the websites.
12.5. References to any company or person in relation to the Goods and Services provided to the Customer do not constitute the Supplier's endorsement of the products, goods, and/or services provided by that company or person.
- INTELLECTUAL PROPERTY
13.1. No right, title, or interest of any manner or sort (including in respect of Intellectual Property Rights) is granted to the Customer.
13.2. The Supplier shall own and continue to own all rights, title, and interest, including all related Intellectual Property Rights, in respect of the Goods and Services.
13.3. Except as expressly authorized by the Supplier, the Customer is not permitted to, and agrees not to, copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Goods and Services, in whole or in part.
- LIABILITY
14.1. Except as specifically stated in the Terms or any express warranty provided in relation to the Goods or Services, the Agreement does not include, by implication, any other term, condition, or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design, or performance of the Goods or Services or any contractual remedy for their failure.
14.2. If the Customer is a consumer, nothing in these Terms restricts, limits, or modifies the Customer's rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
14.3. If the Customer on-supplies the Goods and Services to a consumer: (a) the limit of the Supplier's liability to the Customer is determined by sections 276A(1) and 274 of the ACL, depending on the nature of the Goods or Services; and (b) the Supplier's liability arises under or in connection with the sale, installation, use of, storage, or any other dealings with the Goods or Services by the Customer or any third party.
14.4. If clauses 14.2 or 14.3 do not apply, then other than as stated in the Terms or any written warranty statement, the Supplier is not liable to the Customer in any way arising under or in connection with the sale, installation, use of, storage, or any other dealings with the Goods or Services by the Customer or any third party.
14.5. The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business, or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
14.6. The Customer acknowledges that: (a) it has not relied on any service involving skill and judgment, or on any advice, recommendation, information, or assistance provided by the Supplier in relation to the Goods or Services or their use or application. (b) it has not made known, either expressly or by implication, to the Supplier any purpose for which it requires the Goods or Services and it has the sole responsibility of satisfying itself that the Goods or Services are suitable for the use of the Customer.
14.7. Nothing in the Terms is to be interpreted as excluding, restricting, or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted, or modified.
- FORCE MAJEURE
15.1. The Supplier is not liable under the Agreement to the extent that it is prevented from acting by events beyond its reasonable control, including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or war. If an event of force majeure occurs, the Supplier may suspend or terminate the Agreement by written notice to the Customer.
- DISPUTE RESOLUTION
16.1. In the event of any dispute or difference arising between the Parties concerning the Agreement or the Terms, or any matter arising under or in connection with them, the Parties agree to resolve such disputes in the following manner:
(a) Initially, either Party must provide written notice to the other Party, outlining the dispute or difference.
(b) Upon receipt of the notice as outlined in Clause 16.1(a), the Parties must diligently seek to resolve the dispute, including engaging in discussions to explore potential resolutions.
(c) If the dispute remains unresolved after 7 days from the receipt of the notice in Clause 16.1(a), or such other period as mutually agreed upon in writing, the Parties must submit the dispute for mediation to a single mediator: (i) Agreed upon by both Parties; or (ii) Appointed by the President of the Queensland law society if no agreement is reached within 7 days.
(d) The Parties must actively participate in the mediation process, either in person or by representation, with a commitment to attend every session of the mediation and make genuine efforts towards resolution.
(e) Unless the dispute cannot be resolved in accordance with the steps outlined in Clauses 16.1(a), (b), (c), and (d) within 3 months from the initial notice required by Clause 16.1(a), or such other period as agreed upon in writing: (i) Neither Party may commence legal proceedings in any tribunal or court without the prior written consent of the other Party. (ii) Any legal proceedings initiated will be stayed until compliance with Clause 16.1 by both Parties.