Terms and Conditions
These terms and conditions apply to the service provided by Ultimate Achiever Corporation Pty Ltd (ACN 155 671 515) trading as “Mojo Human Performance Institute“ and “The Mojo Master” (“us”, ”we” or “our”) for any and all events, courses, programs, private coaching and retreats (the “Services”) to you.
- Order
You may order Services from us by submitting an order form (“Order”). We reserve the right to accept or decline, in whole or part, any Order. An order will become binding upon the submission of an order form. Any quote provided by us will only be valid for 30 days and is not binding on us until an order form is submitted. until we accept it. Following expiry of the 30 days, the fees are subject to revision. These terms along with the Order govern the provision of Services to you. In the event of any inconsistency between these terms and the Order, these terms will prevail to the extent of such inconsistency. By submitting an Order, you agree to these Terms and Conditions.
- Fees
The fee payable for our Services will be as specified in an Order. Please note that travel, accommodation, food, beverage and other associated costs are not included in the price of the Services and these costs must be paid for by you.
- Payment Terms
You must pay all fees associated with the Services in advance at least 14 days before the commencement of the Services, unless otherwise agreed by us in writing. Purchases made 1-14days prior to Services rendered do not carry a guarantee of all materials, tools and resources being delivered prior to Service commencement. Such items may have already been delivered to participants via post or through system automation. Payment may be made by any method we make available to you. If you pay through a recommended payment plan facility or similar financing service, you must ensure that payment is made in advance on the terms as specified above.
If you fail to make payment when due an administrative failed payment fee of $30 will be applied to your account. This failed payment fee is payable for every failed payment that occurs on your account.
We may additionally charge you interest at a rate of 2% per month on any monies owed and/or require you to, on demand, make payment of all costs, expenses or losses incurred by us as a result of your failure to pay. This includes, but is not limited to, legal fees on a solicitor own client basis and debt collection costs, which may include outsourced debt collection agency fees. Should a failed payment be deemed by us to be a legitimate error and the amount is paid to us the day it failed or the following day, the $30 administrative fee may not be applied or may be waived, at our sole discretion. If the failed payment is brought up to date after this time, our system will automatically apply the $30 and no fees or interest incurred will be waived.
You agree to pay us all fees on time and without set-off or counterclaim. All fees are non-refundable to the extent permitted by law. You may also be subject to fees from the payment plan facility, or your bank each time a payment fails, which fees we are unable to waive or refund. Any required follow up for the aforementioned charges are your responsibility.
All payments are to be paid upfront to the full amount of the purchase price within 48hrs of purchase, unless an installment plan is agreed upon with one of our sales or customer service representatives and confirmed with us in writing via email: info@themojomaster.com.au. If an installment plan is not agreed upon within the first 48hrs of the purchase of Services, you agree to forfeit the option of an installment plan and at our discretion you agree to forfeit your non refundable first installment and have your order cancelled.
If an installment plan is agreed on, no interest will be charged for the first 6mths of this plan. After 6mths has lapsed, an interest rate of 10% will be accrued daily, and applied monthly, to a maximum of one year (6mths interest free + 6mths with interest accrued daily, applied monthly). If you have not paid your arrears within one year of purchase date, you agree to forfeit all amounts paid to us and we reserve the right to cancel your order per clause 5 of these Terms and Conditions.
Approval of alternative payments is subject to approval and at our discretion All fees associated with the Services must be received by us 14 days before the commencement of the associated Services.If payments are not received 14days prior to the Services, your place in the event, or coaching Services with our coachesl will be cancelled and not take place prior to payment being received by us.
- Suspension of Services and Payment Arrangements
By agreeing to these Terms and Conditions, you agree to pay any and all upfront costs for Services provided in clause 3 above. However, in some circumstances, management may at their sole discretion, approve a suspension of payments up to a maximum term of 3mths. In order to access this extension, you are required to email info@themojomaster.com.au with the subject heading “Suspension”, documenting in writing the reason a suspension approval is sought, and any associated documentation attached (such as a medical certificate, or information to provide evidence of financial hardship). This request will be escalated to Senior Management for consideration. If approved, the suspension applied will not accrue interest on the initial purchase price for Services.
- Cancellation
We reserve the right to cancel any Order by giving you notice at any time before you make payment to us of all of the fees due. We also reserve this right at any other time if you fail to follow these terms or, where we have reasonable grounds to do so including (without limitation) where we believe that you have acted in a manner that is likely to disturb other persons attending the Services or the Services. Any money you pay to us up and until the time of cancellation will not be refundable. You acknowledge and agree that after an Order is submitted and/or any money is paid under an Order, that there are no refunds or cancellations. If you do choose to cancel an Order after we have accepted it or after you have paid us money, you must pay us all fees as specified in the Order and all additional costs incurred by us as a result of your cancellation. We will invoice you such fees and you must make payment within 7 days from receipt of the invoice. Any fees already paid will not be refundable. Where we are required to exercise our right to cancel any Services, we will not be liable to you for any loss or damage that you may suffer.
We reserve the right to cancel/refuse your attendance at any event or within our services, should you not confirm your attendance and participation per the correspondence sent to you prior to the commencement of events and Services. Should you not confirm your attendance prior to an event, we cannot guarantee adequate seating, provision of materials or entrance into the event. You also may be considered an attendee for the purposes of forfeiting your place in the event and lose associated credit for Services, whether entrance, participation and related materials and content have been accessed or not. Except in the case of emergencies, with prior written notice and agreement from management, if you have not confirmed your attendance and do not attend events, or access content provided to you, we reserve the right to cancel your attendance and access to Services and content, without compensation, all payments made by you considered forfeited as an automatic cancellation of your order will be applied.
- Transfer or Rescheduling of the Services
If you decide that you want to change the date, time and/or location of the Services that you have ordered, you may submit to us a request to do so via email: info@themojomaster.com.au which we may approve at our sole discretion. If approved, transfer of Services can be made for the next available event, or coaching timeslot only, and are not transferable to events or time slots further in the future. Transfer of Services are limited to a maximum of one transfer per product, per year for each client. Once a transfer of Services has been approved and booked in, the same aforementioned timeframe for use of credit is applicable: the credit for Services must be used within 12mths from purchase date (not date of transfer). Additionally, all transfers will incur the below transfer fees.
We may also allow you to transfer the Services to a third party where we provide written consent to you doing so (at our sole discretion). In which case, you will be required to pay the below transfer fees, and the nominated and approved third party will be required to accept these same Terms and Conditions. If you fail to attend any Services without providing us written notice, 100% of the fees paid by you are forfeited, and this also applies to a third party transfer of credit. If you transfer a credit to a third party and they fail to attend, the credit is not reapplied on your account, it is forfeited, as it is considered used. To re enrol to attend the Service, 30% of the original ticket price must be paid. If we do agree with you changing the date/time/location or transfer the Services to a third party then the following fees will apply:
If a third party transfer is approved, transfer of Services can be made for the next available event, or coaching timeslot only, and are not transferable to events or time slots further in the future. Transfer of Services for a third party are also limited to a maximum of one transfer per product, per year for each client. Once a third party transfer of Services has been approved and booked in, the same aforementioned timeframe for use of credit is applicable: the credit for Services must be used within 12mths from purchase date (not date of transfer). Additionally, all transfers will incur the below transfer fees.
- Delay
Where there is a delay that prevents us from providing the Services which is caused by circumstances outside our control (such as a fire or those reasons stated in Clauses 5 & 6. of these terms, or where you delay in providing us with information) our obligations will be suspended and you must pay us for all Services already completed. If you fail to provide us any information we reasonably request, we may cancel the Services.
- Intellectual Property
You acknowledge our title to all material associated with the Services (including any material developed during the course of providing you with the Services and the intellectual property contained therein). You are not to copy, reproduce or modify any of this material for any purpose except where we give you prior written consent.
By agreeing to these Terms and Conditions, you agree not to canvass, solicit or procure any content, Services or business operations within the Mojo Human Performance Institute events, Services or supplied materials. You also agree not to canvass, solicit or procure any of our clients whether directly or indirectly, on your own behalf or on behalf of others (or a company). You agree not to in any capacity induce or attempt to induce any officer, director, or employee to leave the Company, or solicit or accept, or attempt to solicit or accept, the business of any customer, consultant, or patron of the Company.
- Indemnity
You agree to indemnify and hold us harmless from and against any actions, claims, demands, proceedings, loss of every kind and nature known and unknown, including solicitors’ fees (on a solicitor and own client basis) and claims by third parties due to or arising out of:
(a) your breach of these terms;
(b) the provision of the Services;
(c) your use of any venue, program, software or attendance at any Services (including without limitation any damage to the venue or any goods located at the venue);
(d) your reliance on the Services;
(e) your violation of any law (including intellectual property rights); or (f) any negligent, fraudulent or criminal acts or omissions by you or your personnel.
- Photos & Filming Consent
You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos in connection with the provision of the Services. You authorise and consent to us using any photograph or video taken during the provision of the Services for any purpose including for promotional and marketing purposes. You warrant that you have the permission of all attendees who you arrange to attend the services (such as your staff) to take and use such photos and videos. Some parts of the Services may be recorded and made available to you to view outside of the published live Service times. Recordings of all Service sessions are not made. You should attend the Service sessions at the published Service times to ensure you do not miss parts of the Service. You are not entitled to make a claim for a refund, compensation or reimbursement of any additional expenses because we did not record a Service session or removed access to a recorded Service session.
- Educational advice only
You acknowledge and agree that the information provided during the provision of the Services by us and our associated companies, staff, presenters and volunteers is for educational purposes only. The information provided to you is not and should not be construed as medical, financial or legal advice. The Services are not intended to be a substitute for any professional medical, legal or financial advice. You understand that you should seek advice from qualified health professionals before making any mental, emotional and physical health decisions. You should also seek advice from a professional licensed legal professional, broker, dealer, advisor or financial planner before making any legal or financial decisions as a result of information received from us.
We provide the Services on an “as-is” basis and whilst every effort is made to ensure the information provided through the Services is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the information for any purpose.
To the maximum extent permitted by applicable laws, the Services are provided without warranty of any kind and we expressly exclude such warranties. You acknowledge and agree that:
(a) we are not responsible for any information provided at the Services; (b) you are solely responsible for following or not following, or making an assessment of any information given at the Services;
(c) failure to follow any advice may affect the overall results that may be achievable at the Services;
(d) you are solely responsible for attending or not attending the Services, and how you participate in the Services is your choice;
(e) you have not been pressured or coerced into attending the Services; (f) you are solely responsible for the results you achieve subsequent to the Services; and
(g) We do not guarantee any specific results.
- Liability
Your use of the Services is at your own risk and to the extent permitted by applicable laws we exclude all liability of any kind, however arising, including any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, or any indirect or consequential loss resulting from your use of the Services. Without limitation, to the extent permitted by law our total liability to you is limited to the amount paid by you to us under an Order.
- Money Back Guarantee
Some, not all, Services come with a money back guarantee. Attendees are required to attend the complete Services (all day on all of the days) before being considered eligible to apply for a money back guarantee refund. If an attendee is not satisfied with the Services, their dissatisfaction is to be expressed both in person at the event (within 30mins of the event completion) directly to Michael Johnson and/or the Events Manager present; and in writing to info@themojomaster.com.au subject heading “Complaint: Money Back Guarantee” (email to be received within two hours of the event completion). Individual participation at the Services will be a considering factor when approving any refund request and the application of the money back guarantee continues to be at our sole discretion.
- General
This agreement is governed by the laws of South Australia and the Commonwealth of Australia which are in force in South Australia and the parties submit to the jurisdiction of the Court of South Australia, relevant Federal Courts and Courts competent to hear appeals from them. We will only deal with your personal information as set out in our privacy policy. Nothing in these terms is intended to have the effect of excluding all or any of the provisions of the Australian Consumer Law. If we are liable to you in relation to a failure to comply with a guarantee under the Australian Consumer Law which cannot be excluded, our liability to you is limited, at our option, to the resupply of the Services or the payment of the cost of resupply. You acknowledge and agree that notices and communications with you may be done through electronic means such as email. We will only accept instructions or notices from you and not an agent (unless you notify us in writing). We may vary these terms at any time without notice to you. Any variations will only apply to Orders placed after these terms have been updated. Services may be subject to additional terms and conditions of the venue or external service provider. We reserve the right to amend these terms from time to time and you will be subject to the terms in force at the time you place your order.
