Terms & Conditions

Webinar Terms and Conditions

These Terms and Conditions contain important information about your registration for our Webinar.

Please read the following carefully to ensure you are fully aware of your rights and obligations relating to the Webinar.

By registering for a Webinar you are taken to have read and accepted these Terms and Conditions and are bound by them.

In these Terms and Conditions, the terms ‘Webinar’ and ‘services’ are used interchangeably.

Webinar registrations

The Governance Collective provides interactive seminars conducted over the internet, known as Webinar(s).  Our Webinars are designed to impart insights and perspectives that enable registered participants to solidify and/or increase their awareness on better governance practices from a heart centred governing leadership perspective.

A description of the content of each Webinar will be available to you prior to registration for the Webinar. Please read the description carefully and clarify any questions or concerns you may have about the Webinar content in writing to support@governancecollective.com prior to registering for the Webinar.

We may choose to utilise a third-party provider of audio and web-conferencing services to deliver Webinars to registered participants.

Registration for a Webinar includes your access to the scheduled Webinar, and may include access to materials or recordings associated with the Webinar. Successful registration for a Webinar is subject to our receipt of your payment and our confirmation of your registration.

Registration is only available to individuals. The purchase of attendance to a Webinar is for use by the registered participant only. Registration and Webinar access details should not be forwarded on to third parties. Doing so may hinder your own access, as Webinar entry is by prior registration for the registered participant only.

Any materials and recordings of Webinars are for use by the registered participant only and should not be forwarded on to third parties.

International participants

For participants outside Australia who register for a Webinar, payment of the applicable registration cost must be made free and clear of any tax, withholding or other amount and we reserve our rights to recover from you any such amount deducted. Your access to participate in the Webinar may be withheld until these amounts are recovered from you.

Important – Exclusion of Implied Warranties

These Terms and Conditions are in addition to your rights under the Australian Consumer Law (pursuant to the Competition and Consumer Act 2010 (Cth)).

The only conditions and warranties binding on us in respect of the state, quality or nature of any service supplied by us (or our employees, servants or agents) to you, are those imposed and required by law to be binding on us (including under the Competition and Consumer Act 2010 (Cth) and applicable state fair trading laws).  All other conditions and warranties, whether express or implied by law, in respect of the services which may apart from this clause be binding on us, are hereby expressly excluded and negated.

Important – Limitation of Liability

To the fullest extent permitted by law, our liability (if any) arising from a breach of any applicable terms, conditions or warranties is, at our option, limited to, and completely discharged by the supplying of the services again, or the refund by us of the fee paid for those services during the period of 12 months prior to the liability arising.

Except to the extent already set out in this clause, we have no liability (including liability for negligence or recklessness) to any person for any loss or damage (direct, consequential or otherwise) suffered or incurred by any person in relation to any services supplied by us (or any of our employees, officers or agents). Without limiting the generality of this limitation, we have no liability for any loss or damage resulting from any failure, defect or deficiency of any kind in any services, and we are not liable for any loss of profit or special, indirect or consequential damages of any kind.

Any valid claim by you against us must be presented in writing to us within a reasonable time, and in no event longer than 60 days after the services have been supplied. No action may be maintained by you against us unless a timely written claim has been given under this Term, and unless legal action is commenced within 12 months after the supply of the relevant services.

Use of Webinar Materials

Materials and content made available to you as a registered participant of a Webinar and any Webinar recordings (Webinar Materials) remain the property of The Governance Collective and are at all times subject to the Copyright Act 1968 (Cth) and laws relating to intellectual property.

You may only use the Webinar Materials for your own private non-commercial use. No part of the materials and content should be copied, reproduced, modified, distributed, transmitted, or republished in any form or by any means or provided to any third-parties without the written permission of The Governance Collective.

This Term survives the expiry of these Terms and Conditions.

Duration of these Terms and Conditions

These Terms and Conditions apply from the moment you register from a Webinar and expire when all Webinar Materials have been provided to you, except where stated otherwise.

If you ask us to supply further services after the termination of these Terms and Conditions, and we commence to supply the services without first agreeing with you different terms to these Terms and Conditions, then the terms of these Terms and Conditions will regulate the supply of those further services.

Either of us may terminate these Terms and Conditions immediately by written notice to the other party, if that other party:

• Commits a breach of any of the material provisions of these Terms and Conditions, or is in default of any warranty or obligation under these Terms and Conditions, and the defaulting party fails to remedy such breach or default within 15 business days of receiving written notice specifying such breach or default; or
• Is no longer able to comply with its obligations pursuant to these Terms and Conditions,

unless that default is waived in writing by the other party, but without prejudice to any other rights or remedies available to the other party.

Upon termination of these Terms and Conditions, your access to our services will be terminated immediately.

The expiry or termination of these Terms and Conditions is without prejudice to any rights that have already accrued to either of us under these Terms and Conditions.

Participation in Webinars

We encourage our registered participants to actively participate by providing opportunities to assess their current state (pre and post session).  We do this by creating opportunities for participants to ask questions during the Webinar.

As we are encouraging constructive heart centred leadership, we have an expectation that the behaviour and participation of our attendees:

• Is constructive;
• Is respectful and kind; and
• Contributes to the subject matter (and stays on topic).

Any views expressed by you during a Webinar must be your own.

During a Webinar you must not behave in a manner or distribute any material which is abusive, defamatory, obscene, contrary to law or to the rights of any person. The Governance Collective may remove you and any offending material from a Webinar and decline your future participation in Webinars for any behaviour which The Governance Collective considers contravenes this term of your participation.

When participating in the Webinar, do not disclose confidential information about yourself, your organisation or your colleagues. If you choose to disclose any confidential information, you assume all liability for doing so and The Governance Collective does not assume any liability or responsibility for the disclosure.

Technology

Participation in a Webinar may require you to configure your software settings on your web-device upon first use, or require you to download the software for your operating system. Any downloads or installation of software on your operating system are at all times at your own risk.

You are at all times responsible for maintaining confidentiality and security in relation to your webinar registration information and any Webinar Materials issued to you by The Governance Collective that are stored on your operating system. If you believe that a third party has obtained any Webinar Materials in an unauthorised manner, please promptly notify The Governance Collective by emailing us at: support@governancecollective.com.

 Email transmissions

We may correspond with both you and others by e-mail or other electronic means, where appropriate, unless you specifically instruct us to the contrary.  As you are aware, e-mail and similar services are not secure and may be read, copied or interfered with in transit or impaired.  You agree to assume the risks associated with transmission and to release us from any claim you may have arising from transmission defects.

Webinar recording notice

Webinars include a feature that allows audio and any documents or other materials exchanged or viewed during the session to be recorded. By attending a Webinar, you acknowledge that any contribution by you may be recorded by us. You consent to the recording and the future use, including the sale, by The Governance Collective of any recordings. This is an essential term.

If you do not consent to the recording, please contact The Governance Collective by emailing: support@governancecollective.com to discuss your concerns at least one week prior to the Webinar date.

Transfer

You may request to transfer your registration to a different Webinar by emailing support@governancecollective.com at least 48 hours before the scheduled time of the Webinar you have registered for and setting out the details of the Webinar you wish to attend in substitution for the Webinar you have registered for.

A transfer request is subject to availability of the alternative Webinar in your request and approval of a transfer is at all times at our discretion.

If a transfer is approved, you will be contacted to confirm your new Webinar registration. Any difference in price will be payable by you or refunded by us as applicable and subject to any charge as explained in the Change Conditions below.

Change Conditions

The following Terms and Conditions set out how any changes or cancellations to Webinars are handled by us.

Changes or cancellations by you

You can cancel your attendance by clicking the ‘cancel attendance’ link from the email registration received by you.

Alternatively, you can cancel your attendance at a Webinar in writing to support@governancecollective.com.

Cancellations must be received at least 24 hours before the date of the Webinar,

Cancellations made after this time will not be accepted and you will be liable for the full Webinar fee.

If you do not provide us with the required notice or do not attend the Webinar, no refunds are payable by The Governance Collective and no changes to your registration will be accepted. We may review this policy in the case of special circumstances where sufficient evidence is provided.

Changes or cancellations by us

If we are required to cancel a Webinar, you will be offered a full refund of the total registration cost.

If we are required to vary Webinar dates, your registration will be transferred to the new date and you will be notified. If you are unable to attend the Webinar on the new date, you are entitled to cancel your registration and receive a full refund of the total registration cost (subject to the Change Conditions set out above).

Subject to any applicable law, the Governance Collective will not be responsible for any direct or indirect costs or losses incurred in any circumstances.  The Governance Collective reserves the right to accept or reject registrations, change facilitators, Webinar content, and dates as necessary.

Dispute Resolution

All disputes or differences that may arise between us about the construction or effect of these Terms and Conditions, or our respective rights, duties and liabilities, or any matter or event connected with or arising out of these Terms and Conditions, must initially be referred on notice to each other party.

Any dispute notice raised must be received in writing to support@governancecollective.com and include a summary of the issues in dispute within 10 business days after the service of the notice. We will contact you to try and resolve the dispute.

Force Majeure

Neither of us is liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay is due to force majeure, being circumstances including (but not limited to) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, pandemic, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution and strikes.

If a delay or failure of a party to perform its obligations is caused or anticipated due to force majeure, the performance of that party’s obligations will be suspended during the force majeure.

If a delay or failure by a party to perform its obligations due to force majeure exceeds 60 Business Days, either party may then terminate these Terms and Conditions with notice in writing to the other party.

Privacy Policy

In connection with the operation of the Webinar, we will ask you to provide us with information that personally identifies you or allows us to contact you when you register for the Webinar, pursuant to the Privacy Act 1988 (Cth) (Personal Information).

The Personal Information that you provide us in these circumstances is subject to our Privacy Policy, which is incorporated into these Terms and Conditions and binds us both.  We may update our Privacy Policy from time to time by posting a new version on our website.  The updated Privacy Policy will be binding on you and us from the date it is posted on our website.

For the purposes of your Webinar participation, your Personal Information may be disclosed to third-party service providers (a Third Party Disclosure). You authorise us to make Third Party Disclosures where necessary in order to facilitate the Webinar and provide you with Webinar Materials.

Where we disclose your Personal Information to third parties, we will request that the third party follow our Privacy Policy regarding handling your Personal Information.  We are not responsible for any acts or omissions of the third-party service provider for any breach relating to a Third-Party Disclosure.

Please refer to The Governance Collective’s Privacy Policy with respect to The Governance Collective’s use of Personal Information.

General

From time to time, we may update these Terms and Conditions and we reserve all rights to do so. The updated Terms and Conditions will apply to all registrations from the time of posting on our website onwards.