T’s & C’s
Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR PARTICIPATION IN ALL LEAD AUSTRALIA PROGRAMS
1 INTERPRETATION
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who agrees to the program facilitated by the Supplier;
1.2 “Supplier” means Lead Australia Pty Ltd trading as Lead Australia of PO Box 446 Glenside SA 5065.
1.3 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 GENERAL
2.1 These Terms and Conditions shall apply to all customers for the supply of Materials and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Payment of the agreed price shall usually be paid as per the original invoice issued unless other payment terms have been agreed prior. Payment in arrears will be by prior agreement only. Any overdue account may be forwarded to a collection agency and you will be liable for any collection costs and or legal costs incurred by Lead Australia.
3.2 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the supplier notified of their correct name, postal address and any phone or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
4.5 Comply with all other statutory requirements – particularly in regards to data protection and confidentiality.
5 SUPPLIER’S OBLIGATIONS
5.1 The Supplier shall attend the program with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 Data protection: All paper copies of personal information will be destroyed after processing and not returned to the customer. This is in accordance with Lead Australia’s confidentiality policy.
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Program.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7 CANCELLATIONS
Returns/refunds policy: Where a Customer cancels their participation within 30 days after accepting the program, the Supplier shall offer the Customer a 30% refund. Where a Customer fails to complete the program for reasons unrelated to Lead Australia; there is no refund. Both parties must return or destroy information received from the other if asked to do so.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9 LEAD AUSTRALIA’S PROPERTY
The contents of the Lead Australia’s website and associated material may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of Lead Australia. Format and layout of the program material is the property of Lead Australia.
10 COPYRIGHT
Materials supplied may only be used in the format in which the Supplier issues them, be it written form on paper, provided in an electronic format or in any other medium. Information may not be used in any other format other than that supplied. Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions in whatever form. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.
11 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts. DISCLAIMER Lead Australia (www.leadaustralia.com.au) regularly use links to direct users to additional or related information on other websites. These websites are not under the control of Lead Australia and we are not responsible for the content of these sites. Other websites are linked or listed as a convenience only and should not be seen as an endorsement of any kind. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages. Registered Address: Lead Australia Pty Ltd, PO BOX 446, Glenside, SA, Australia 5065