OT Inspire Australia Pty Ltd

PURCHASE TERMS AND CONDITIONS

Thank you for choosing OT Inspire.

These terms and conditions govern your purchase (Terms and Conditions)

By clicking “accept” you agree to these Terms and Conditions.

 

• Purchase Services

• The website www.otinspire.com.au (Website) is operated by OT Inspire Australia Pty Ltd (ACN: 648 361 522) (OT Inspire). Access to and use of the Website, or any of its associated Services, is provided by OT Inspire.

 

1. The Website provides you with an opportunity to browse and purchase event tickets (Event Tickets) that have been listed for sale through the Website (Services). The Website provides this service by granting you access to the content on the Website (Purchase Services). 

 

• You have agreed to purchase Services through the Website.

• These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) of the Website.

• Acceptance of the Terms and Conditions

 

You accept the Terms and Conditions by clicking accept or agree. 

 

• Personal Information

• When purchasing the Services, you will be required to provide personal information such as your full name, password and e-mail address.

• You agree that all details that you have provided in completing the purchase are true and correct.

• Your personal information is kept in accordance with the OT Inspire Privacy Policy (Privacy Policy) which can be accessed which is available on the Website. 

• Registration to use the Purchase Services

 

1. In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

1. E-mail Address
2. Password
3. ABN/ACN
4. Address

1. You warrant that any information you give to OT Inspire in the course of completing the registration process will always be accurate, correct and up to date.
2. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms and Conditions. 
3. You may not use the Purchase Services and may not accept the Terms and Conditions if:

1. you are not of legal age to form a binding contract with OT Inspire; or

1. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

 

• Your obligations as a Member

 

1. As a Member, you agree to comply with the following:
2. You will use the Purchase Services only for purposes that are permitted by:

1. the Terms and Conditions;

1. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OT Inspire of any unauthorised use of your password or email address or any breach of security of which you have become aware;
4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of OT Inspire providing the Purchase Services;
5. you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.

 

• Purchase of Services and Returns Policy

 

1. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (Purchase Price). 
2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
4. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
6. In the event that you are making payment under a payment plan, and any payment under the Terms and Conditions is not made in full on the due date, OT Inspire is entitled to charge you interest at the rate of 5% per annum, calculated daily.
7. You agree that if you default on any payments due and payable under the Terms and Conditions, any costs incurred by OT Inspire for steps taken to enforce payment terms will be recoverable and payable by you.  

 

• Events 

 

1. OT Inspire requires all Event Tickets to be purchased via the third party ticketing platform provided (Ticketing Platform). 
2. If you choose to create an account with the Ticketing Platform, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Ticketing Platform.
3. If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds may be issued. OT Inspire will communicate with ticket holders directly, or via the Ticketing Platform. Event tickets are not refundable in any other circumstances.
4. OT Inspire will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event. 
5. Tickets may be transferred to another individual with the prior consent of OT Inspire. To do this, you must request consent to transfer a ticket from OT Inspire in writing by email to [email protected]. OT Inspire has complete discretion as to whether or not to consent to transfer requests, and its decision will be final. 
6. If, at OT Inspire’s sole discretion, OT Inspire forms the opinion that it is unable to provide an event in person due to a pandemic, the event will be converted to an online format.
7. No refund will be available to you should the event be held online due to a pandemic. 

 

• Warranty 

 

1. OT Inspire will use its best efforts and take all reasonable steps to help you work towards achieving your desired results. However, OT Inspire makes no warranty that the Services will meet your requirements or that all participants will achieve the same results.
2. The Services comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with OT Inspire and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

 

• Disclaimer

 

1. You are solely responsible for creating and implementing Your own health decisions, choices, actions and results arising out of or resulting from the Services and Your group sessions and interactions with OT Inspire. As such, You agree that OT Inspire is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Services provided by OT Inspire.
2. You understand that the Services, and any information You receive through Your involvement in the Services, or through any materials and documents provided to You are not a substitute for psychological, legal, business or financial advice. OT Inspire recommends You seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Services. OT Inspire will not be liable in any way for Your use of, or reliance upon, the information or advice provided to You. 

 

• Information Disclaimer

 

1. Any information, advice, content or documentation provided on the Website, through the Services, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.
2. All care is taken in the preparation of the information and published materials on the Website, through the Services,  social media accounts, podcast, or on any other related platform. OT Inspire does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
3. To the extent permissible by law, OT Inspire will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, social media accounts or on any other related platform.

 

• Liability and waivers

• Liability

 

OT Inspire’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You. 

 

• Waivers

 

1. A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

 

• Disclosure and Use of Confidential Information

 

1. Confidential information means any information that is:

1. processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and
2. confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).

1. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services. 
2. OT Inspire must not disclose any Confidential Information to any third party without your prior consent.
3. These Terms and Conditions prohibits the disclosure of Confidential Information by OT Inspire with exception to the following circumstances:

1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;
2. the disclosure is required by applicable law or regulation; or
3. if the confidential information is already in the public domain at no fault of OT Inspire.

 

• Copyright and Intellectual Property Rights

 

1. You agree that any works, documentation, materials, Services content, creative works or information of whatever nature produced or developed by OT Inspire or under OT Inspire’ direction pursuant to or in the course of providing the Services will remain the sole and complete property of OT Inspire, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information). 
2. There is no assignment of Intellectual Property Rights by OT Inspire to you pursuant to these Terms and Conditions.
3. Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

 

• Dispute Resolution & Mediation

 

If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

 

• Force Majeure

 

1. If circumstances beyond OT Inspire’s control prevent or hinder its provision of the Services, OT Inspire is free from any obligation to provide the Services while those circumstances continue. OT Inspire may elect to terminate these Terms and Conditions or keep the Agreement current until such circumstances have ceased.
2. Circumstances beyond OT Inspire’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
3. For the sake of clarity, if in OT Inspire’s reasonable opinion, the provision of the Services will be affected by a pandemic, OT Inspire may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, OT Inspire will not be liable for any losses or damage due to a pandemic. If You choose to terminate an agreement due to a pandemic, the relevant cancellation or termination clause will apply.  

 

• Indemnification

 

You hereby indemnify and agree to keep indemnified OT Inspire against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

 

• Marketing 

 

You agree that any testimonials that may be provided by you from time to time may be used by OT Inspire for marketing purposes. 

 

• Governing Law & Jurisdiction

 

This Agreement is governed by the laws of Northern Territory, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Services, OT Inspire agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Northern Territory, Australia.

 

• No partnership or agency

 

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

 

• Assignment

 

This agreement may not be assigned without the consent of both parties.

 

• Variation

 

This agreement may not be changed or modified in any way except in writing.

 

• Severance

 

Any provision of this agreement, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

 

• Entire Agreement 

 

This agreement constitutes the entire agreement of the parties in respect of the matters dealt with in this agreement and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this agreement.