General Advice Warning
The information contained on this website is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.
Taxation, legal and other matters referred to on this website are of a general nature only and are based on Sarah Marie Andrews Pty Ltd. (“SA”) interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time.
Accuracy & Reliability of Information
Although every effort has been made to verify the accuracy of the information contained in this website, SA, its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from the information contained on this website or any loss or damage suffered by any person directly or indirectly through relying on this information.
Copyright
SA owns copyright in the information contained on this website. Information may be printed or downloaded for personal use only. The information may not otherwise be reproduced and must not be distributed or transmitted to any other person or used in any way without the express approval of SA.
Links to Other Sites
SA is not responsible for the content of any site owned by a third party that may be linked to this website, whether such a link is provided by us or by a third party. These links are provided as a courtesy service and no judgement or warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to the SA website. By providing access to other websites, we are not recommending or endorsing any brand, products or services offered by the organisation sponsoring or owning the linked website.
Privacy Policy
SA is committed to protecting your privacy and the confidentiality and the security of personal information provided by you. The personal information you provide is necessary to process your registration form which may include updating your record and profile information. We may use your personal information to contact you about Course development and associated events, provide you with the latest news, to conduct analysis or market research to identify the ongoing needs of registrants, and to generally provide you with information on services and benefits. Personal information provided by you may be disclosed to external organisations that we engage for certain business functions such as our mailing houses, printers, technology service providers and marketing and communications agencies. Your personal information may be transferred or stored outside the country where the information was collected for the purposes stated above.
You have the right to access or correct any personal information we hold about you (subject to any applicable legal exceptions) and can do this via the “Update my profile” service on our website at www.thehostingmasterclass.com. If you receive electronic communications from us, we will always provide you with an opportunity to unsubscribe from receiving further information from us by emailing us by email, here.
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us by emailing our Privacy Officer below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
For more information about privacy issues in Australia and protecting your privacy, visit the Office of the Australian Information Commissioner’s website, available here.
Privacy Officer
Email our team here
Workshop Participant Terms
This Workshop Participant Terms (Terms) is between the Client (as defined by the Enrolment Form) and Sarah Marie Andrews Pty Ltd ACN 630 824 350 (SMA). These Terms set out the terms upon which the parties agree in connection with The Hosting Masterclass and Principles of Style e-Learning Course Product (Course). This Agreement consists of these Terms, any Enrolment Form and any future agreements between the parties.
1. DEFINTIONS AND INTEPRETATION
1.1. Definitions
Client means the party defined in the Enrolment Form receiving the benefit of the Course and any Course Materials.
Confidential Information means facts or knowledge that are not in the public domain, including, but not limited to, information relating to the general business operations of SMA, such as:
(a) cost and selling price information;
(b) trade secrets, know-how;
(c) methodology;
(d) work-in-progress;
(e) Intellectual Property Rights;
(f) Course Materials;
(g) price lists, contracts, and negotiations;
(h) business and marketing plans;
(i) social media and website account login details; and
(j) third party information disclosed by one party to the other party in confidence.
Course means either course of The Hosting Masterclass and Principles of Style e-Learning Course Product as described in the Enrolment Form.
Course Account means the registered account of the Client to access the Course.
Course Materials means any and all written and oral materials, communications developed by SMA relating to or otherwise connected with or forming part of the Course developed by SMA to be delivered to Clients and course participants including without limitation documents, images, text, know-how, expertise and information, ideas, designs, concepts, original compositions, printing templates and pro-formas, brochures, artwork, finished advertisements, radio and television commercials and all trademarks and trade names, brand names, trade symbols, logos, slogans or other indicia prepared, created or developed by SMA.
Enrolment is acceptance by SMA of the Client’s enrolment in the Course, in accordance with clause 2.3 of these Terms.
Enrolment Form means the form accessible at https://www.thehostingmasterclass.com/enroll and https://www.principlesof.style/enroll required to be completed for enrolment.
Fee means the fee detailed at the Enrolment Form.
Intellectual Property Rights means all rights (whether or not patented or patentable, registered or registrable, protected by copyright or otherwise protected or capable of protection by law, and whether or not secret or confidential) in connection to any work authored, made, created and/or developed by SMA, including but not limited to, all invention and improvement, discovery, know-how, concept, idea, methodology, trade secret or trade dress and get up, patent, copyright, trade mark (including service mark), unregistered trade mark, design, domain name, business name, brand name, process, technical or business information or records, software, formula, and including any derivatives or adaptations of any of the foregoing.
Payment Plan means schedule of payment of the Fee detailed at the Enrolment Form.
Permitted Purpose means personal development and learning for the Client’s own benefit only. For avoidance of doubt, any Confidential Information and Intellectual Property Rights may not be accessed, viewed or used by or shared with any third-party even if incidental to the Permitted Purpose.
SMA means Sarah Marie Andrews Pty Ltd (ACN 630 830 824 350) of 14 Horne Street, Sunbury, Victoria, 3492.
1.2. Interpretation
(a) In these Terms, unless otherwise indicated by the context:
(i) capitalised terms that have not been defined in these standard terms have the meaning given to them in the Enrolment Form, and vice versa;
(ii) use of the word “including” or “includes” denotes a non-exhaustive list;
(iii) words importing the singular include the plural and vice versa;
(iv) headings are for convenience only and do not affect interpretation of these Terms;
(v) a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof;
(vi) a reference to dollars, fees, payments and currency shall be in the currency stated on the relevant invoice or Payment Plan, and where no currency has been expressly stipulated, it shall be in Australian dollars; and
(vii) a covenant or agreement on the part of or for the benefit of two or more persons binds or benefits them jointly and severally.
2. ENROLMENT
2.1. The Client declares that the information contained within the Enrolment Form is true, accurate and complete.
2.2. By completing the Enrolment, the Client acknowledges that they have read and agree to be bound by these Terms. The Client signifies acceptance of these Terms by completing the Enrolment, accepting any benefit from the Course or receiving Course Materials.
2.3. Enrolment is completed when:
(a) a complete and accurate Enrolment Form is submitted to SMA; and
(b) a payment for the Fee is made, including commencement of a Payment Plan for the Fee.
3. PROVISION OF COURSE
3.1. SMA will deliver the Course to the Client (including provision of relevant Course Materials), for the sole purpose of learning, training, and demonstration, on a professional basis consistent with best practices in the industry.
3.2. Subject to otherwise complying with its obligations under these Terms, SMA shall exercise its independent discretion as to the manner in which it provides the Course.
3.3. The Course will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes), without prior notice or liability to the Client. In addition, SMA may alter, amend, modify or update any aspect or part of the Course at any time in its sole discretion, and SMA may, at its sole discretion, permanently or temporarily discontinue or suspend any part or whole of the Course at any time without prior notice or liability to the Client.
3.4. The Client acknowledges and agrees that:
(a) a Course Account must be created for the provision of the Course and Course Materials;
(b) by creating a Course Account, the Client will:
(i) not create more than one personal Course Account;
(ii) not create a Course Account for anyone but the Client in their individual and personal capacity;
(iii) not transfer or grant access to the Course Account to any third party;
(iv) not share the Course Materials with any third party;
(v) maintain the confidentiality and security of passwords and other Course Account identifiers;
(c) the Course is being provided on a consultancy basis;
(d) any decisions the Client makes based on any advice or recommendation of SMA is at the Client’s sole risk;
(e) SMA cannot predict nor guarantee the ultimate success of any outcomes in connection to the Course;
(f) the Course may include technical inaccuracies or errors and SMA does not make any representations or warranties as to the accuracy or completeness of any information contained in the Course and Course Materials;
(g) SMA may include links to third party websites, goods, services and information (Third Party Materials) throughout the Course for convenience, and SMA is not responsible for nor endorses the Third Party Materials; and
(h) in order to provide the Course, SMA will collect, use, and share the Client’s personal information in accordance with its privacy policy found above.
(I) access to any post course materials, forum, events, chat groups, learnings, the Handbook of Hosts directory and graduate privileges are only for those students who are actively hosting, and who have not breached these terms and conditions and/or the code of conduct.
3.5. SMA reserves the right (and its sole discretion) to:
(a) suspend or terminate the Course to the Client where the Client has failed to comply with the Payment Plan or breached any right, provision or obligation under these Terms; and
(b) update and amend these Terms at its discretion and except where required by law, SMA has no obligation to provide the Client with individual notice of any changes. The Client agrees that continued use of the Course or Course Materials signifies the acceptance of the amended Terms, and if the Client does not accept the amended Terms, then they should not continue to access or use the Course and Course Materials.
(c) allow access to post class materials, learnings, forums, events and directories on a case by case basis based these terms and conditions and the code of conduct.
4. INTELLECTUAL PROPERTY
4.1. The Client acknowledges that SMA owns all rights, title and interest in and to the Course Materials and any other Intellectual Property Rights in connection to the Course, and subject to this clause 4 of the Terms, the Client must not use, sell, licence, distribute, copy, modify, perform, edit or otherwise exploit the Course Materials. For the avoidance of doubt, the Course Materials is for personal use only.
4.2. Subject to these Terms and upon completion of Enrolment, SMA grants the Client a limited, non-exclusive, non-transferable, revocable licence to use the Course Materials for the Permitted Purpose. This licence shall remain in effect until terminated by the Client or SMA. The Client warrants that they will:
(a) Not Copy: The Client must not copy for any reason other than the Permitted Purpose any part of the Course and Course Materials in any way, including by manual or automated means.
(b) Not Modify: The Client will not, and will not permit anyone else to modify, adapt, translate, reformat, create a derivative work of, or alter any part or whole of Course Materials.
(c) Not Transfer: The Client must not share, transfer, license, sublicense, rent, lend, commercialise, offer for sale, sell, or monetise the Course Materials.
(d) Not Broadcast: The Client must not broadcast, transmit or otherwise display in a public form or any venue, the Course Materials or any part of the Course.
(e) Not Duplicate: The Client must not install, use or reproduce the Course Materials for any reason other than the Permitted Purpose, on more than one device (including but not limited to computer or electronic device).
(f) No Commercial Use: The Client must not use or exploit the Course Materials for any commercial purpose.
(g) Use for a Lawful Purpose: The Client shall not use, or allow to be used, Course Materials for any unlawful purpose or in any unlawful manner.
4.3. The Client acknowledges that SMA may revoke the aforementioned licence at clause 4.2 without notice or any correspondence entered into.
5. CONFIDENTIALITY
5.1. The Client acknowledges that during the Course, the Client shall receive or become aware of Confidential Information and any unauthorised disclosure of any part or whole of the Confidential Information would irreparably damage SMA and SMA’s business.
5.2. The Client agrees that except as directed by SMA or for the Permitted Purpose, the Client will not at any time during or after the Course disclose, use, cause to be disclosed or used, any Confidential Information to any person.
5.3. The non-disclosure obligations of the Client at clause 5.2 shall not apply to the extent that such Confidential Information:
(a) Is generally known to the public at the time of the disclosure or becomes generally known through no wrongful act on the part of the Client; or
(b) Is required to be disclosed by law (provided that the Client gives SMA enough advance notice to enable it to object to the disclosure of the Confidential Information and the Client reveals only the party of the Confidential Information that is required to disclose).
5.4. The Client understands and acknowledges that the Client is receiving access to Confidential Information in order to facilitate the Permitted Purpose. The Client represents and warrants that they will not access, use, nor retain Confidential Information for any purpose other than the Permitted Purpose, unless specifically authorised in writing by SMA. The Client will make provisions to keep the Confidential Information partitioned from any third-party data. The Client shall report to SMA any use or disclosure of Confidential Information of which it becomes aware that is not expressly permitted by this Agreement.
6. PAYMENT POLICY
6.1. The Client agrees to pay SMA the Fee in accordance with these Terms and Payment Plan (if any).
6.2. The Client acknowledges that:
(a) the Fee is payable by the Client even if the Course is not used (in part or whole) or completed by the Client;
(b) the Fee is non-refundable and non-transferable unless agreed in writing by SMA in its sole discretion; and
(c) no variation to the Fee or Course will be made without the prior written agreement of SMA.
6.3. The Fee may be paid in accordance with the Payment Plan as agreed between the parties. In the event the Client fails to pay any part or whole of the Fee in accordance with the Payment Plan, SMA may suspend or terminate the Course for the Client and any rights granted under these Terms, or otherwise restrict the Client’s use of the Course Materials.
7. TERMINATION AND CANCELLATION
7.1. If either party breaches these Terms, including any licence and warranty, and such breach is not rectified within 7 days after written notice, the aggrieved party may (in addition to all of its other rights and remedies at law or otherwise) terminate or suspend this Agreement and any rights granted hereunder by giving written notice to the defaulting party.
7.2. Upon suspension or termination of this Agreement:
(a) any rights granted hereunder shall automatically terminate;
(b) the Client shall immediately forfeit monies paid to SMA (if any), and additionally pay the balance of the full amount of the Fee.
7.3. In addition to SMA’s other rights or remedies in law or equity, if the Client breaches or threatens to breach the terms of these Terms, SMA will be entitled to seek injunctive relief and/or specific performance.
8. WARRANTIES & INDEMINITIES
8.1. Each party warrants that it has the full right, power and authority to enter into this Agreement.
8.2. To the fullest extent permitted by law, SMA excludes:
(a) all liability in respect of loss of data, or any consequential or incidental damages to your device, computer system and network for any damage (directly or indirectly) caused by using the Course or Course Materials or any third-party links included in the Course, including any damages resulting from computer viruses;
(b) all liability in respect of any injury, illness, damage to property, death, or bodily harm; and
(c) all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
8.3. Subject to the Client providing evidence of the purchase of the Course, if any legislation operates to prohibit or restrict the exclusion, restriction or modification of any implied warranties, conditions or obligations, then to the full extent permitted by law, SMA limits its liability in respect of any such claim to, at our option:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
8.4. The Client will indemnify and hold SMA, its subsidiaries, directors, officers, employees, contractors, agents, Related Bodies Corporate (as defined by the Corporations Act 2001) and licensors harmless from any loss, damage, proceeding and cost (including all reasonable legal costs), whether in contract, tort, under statute or otherwise, directly or indirectly as a result of the Client’s use of the Course, breach of these Terms, or violation of any applicable law or the rights of any third party.
8.5. The course and all information and materials provided through the same are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. To the maximum extent permissible under applicable law, sma, and each of its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, specifically disclaim all warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties shall be implied by any course of dealing or course of performance.
9. GENERAL
9.1. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the Client, but may be assigned by SMA without restriction.
9.2. The failure to require performance of any provision shall not affect either SMA’s or the Client’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.
9.3. These Terms shall be governed and construed in accordance with the laws of Tasmania, Australia. If a court proceeding is permitted under these Terms, then the Client and SMA agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Tasmania, Australia.
9.4. These Terms represent the entire agreement between the Client and SMA relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or policies made by SMA as set forth above.
9.5. This Agreement may be executed in any number of counterparts, each of which will be an original and together will constitute one and the same instrument. Execution and delivery by electronic signature or digitally scanned copy of these Terms and any Enrolment Form shall constitute, for purposes of this Agreement, delivery of an executed original and shall be binding on the parties.
9.6. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.