Terms and Conditions

1.1 peterberry.com.au (the “website”) is owned and operated by Peter Berry Consultancy Pty Limited (ACN 007 400 606) of Level 8/201 Miller Street, North Sydney NSW 2060 (“we”, “us” and “our”).

1.2 By accessing, using or browsing this website you agree to be bound by these terms and conditions, the Privacy Policy and all other terms contained on this website (“Terms”). If you do not accept the Terms cease using this website.

1.3 We reserve the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the Terms as amended.

2.1 If you register via the website to attend any workshops, courses or other experiences which may result in qualification and/or certification, and we accept your registration, a contract will be formed with you. Acceptance of your registration, which is entirely at our discretion, will be via email confirmation. You may then, at our discretion, receive access to our Learning Management System.

2.2 If you place an order for books, manuals or publications via the website by entering your credit card details, and you are notified that the goods have been shipped (or emailed) a contract will be formed with you. We will deliver the goods to the address agreed upon when you placed your order. Please ensure the delivery address and receiver's name for your order is accurate and complete. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you.

3.1 If you cannot attend the Hogan course you originally registered for, please contact workshops@peterberry.com.au  no later than 10 days prior to the workshop date to be transferred to a future workshop. If you do not contact us regarding a workshop transfer at least 10 days before the workshop you are scheduled to attend, you may be charged a $250 late-transfer fee.

3.2 Subject to compliance with our legal obligations, PBC does not offer a refund of any course registration.

4.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Where our services are not provided with accepted skill, care or technical knowledge and result in avoidable loss or damage; are not fit for purpose; or are not delivered within a reasonable time, you are entitled to have the services re-supplied.

5.1 You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of:

a. your use of the website; or

b. your use of products or services purchased via the website.

6.1 Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:

a. your use of this website;

b. any loss arising out of your use of, reliance on or failure to act, on any information contained on or accessed through this website;

c. errors, mistakes or omissions on this website;

d. goods or services supplied pursuant to an order placed on this website; and/or

e. any failure or omission on our part to comply with our obligations as set out in the Terms.

6.2 Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

6.3 This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

7.1 You must ensure that your access and use of this website is not illegal or prohibited by laws which apply to you.

7.2 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.

7.3 Certain areas of our website, including the Learning Management System, are only accessible via password. You are responsible for maintaining the confidentiality and security of your passwords. You are responsible for any and all activities on this website which occur under your email address and password.

7.4 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

7.5 We do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.

8.1 You may not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects the availability of its resources to others.

8.2 You may not use the website for any illegal purpose or in any manner that is inconsistent with the Terms.

9.1 This website may contain third party advertisements and links to other websites, including websites operated by third parties (“linked websites”). We are not responsible for the content or privacy practices associated with linked websites or third party advertisements.

9.2 We may use cookies to gather data in relation to this website and you consent to us doing so. Please refer to www.peterberry.com.au/cookiespolicy which explains what information is collected through the use of party cookies and analytics and for what purposes.

10.1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by the Terms, you may not in any form or by any means:

10.2 You may not use of any trade marks appearing on the website, without the written permission of the trade mark owner.

a. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

b. commercialise any information (including but not limited to images, text, videos or sound recordings), products or services obtained from any part of this website,

without our prior written permission.

11.1 All prices on the website are quoted in Australian Dollars.

11.2 We are not liable for any delay or failure to perform our obligations if such failure or delay is due to any cause outside of our reasonable control.

11.3 If any of the Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

11.4 These Terms are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

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