Terms & Conditions
These terms and conditions apply to the booking of any activities, services and any ancillary products with Erin Morris trading as Young Folks Digital ABN 22 129 533 536 (Young Folks, we, us, our), including digital strategy workshops (Workshop) and, once accepted by you (by clicking on the [Accept/Agree] icon), constitute a binding agreement between you and Young Folks (agreement).
In consideration of your participation in the Workshop, by clicking on the [Accept/Agree] icon below, you acknowledge and agree that you have read, understood and agree to be bound by the following terms and conditions in connection with your participation in the Workshop [selected above].
1. Cancellation and Transfer
- Young Folks understands that circumstances change and you may be forced to cancel or change dates. We make every effort to meet your needs and wherever we can, to be flexible, but we encourage you to give us as much notice as possible if you need to cancel or transfer. You may:
- cancel your booking if you give us at least 14 days’ notice before the date of the Workshop and we will refund the booking fee that you paid to us in full; or
- transfer your booking or receive a credit for a future workshop, if you give us at least 48 hours’ notice before the scheduled start time of the Workshop.
- If you need to cancel your attendance in the 48 hours before the scheduled start time of the Workshop, we will not be able to provide you with a credit for another Workshop, or provide you with a refund. You acknowledge that this is fair and reasonable having regard to the costs that Young Folks incurs in arranging the Workshop.
- You agree to pay to Young Folks all rates and charges (plus GST) at the time you make the booking and all other fees and charges (plus GST) payable pursuant to these terms and conditions.
- If we need to cancel or reschedule any Workshop, we will give you as much notice as we can. If the Workshop is cancelled, we will refund to you your booking fee. If the Workshop is rescheduled, your booking will be transferred to replacement Workshop (but you will be given the opportunity to receive a refund if you cannot attend on the rescheduled date).
2. Use of premises
- You agree:
- to follow any rules and/or directions given by Young Folks in connection with your attendance at Young Folks premises and participation in the Workshop;
- to use Young Folks property, including the premises and the equipment with due care;
- that you are responsible for any damage that you cause to Young Folks property (including the premises and any equipment provided by Young Folks for you to use while participating in the Workshop) and you agree to immediately report to Young Folks any damage caused to Young Folks property; and
- that Young Folks is not responsible for your valuables or other possessions
- Young Folks reserves the right to exclude you if you do not following any rules communicated to you in relation to your use of the facilities and you agree to comply with any request made in this regard.
3. Use of image
You acknowledge and consent to photographs, electronic images, videos or audio recordings being taken of you during your participation in the Workshop. You acknowledge and agree that such photographs and electronic images are owned by Young Folks and Young Folks may use the photographs for promotional or other purposes without further consent being necessary. If you do not agree with your image being used or promotional or other public purposes, please let us know by sending us an email prior to the Workshop.
- You acknowledge that:
- information or materials provided by Young Folks pursuant to these terms and conditions or in connection with Workshop (Information) is intended to be of a general nature only and is not a substitute for specific advice;
- Young Folks:
- does not warrant that any part of the Workshop or Information is appropriate for your specific circumstances;
- does not make any representations or warranties that the Information we provide is reliable, accurate or complete for your particular circumstances;
- does not, except as set out in this agreement, accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your participation in the Workshop or from action taken nor reliance made by you on any Information given to you by us; and
- will provide you with certain tools and Information, but you must correctly apply those tools and the Information to your own circumstances. You are solely responsible for:
- any changes you make to your website (including in connection with search engine optimisation) and the effect of those changes;
- your access and use of Google Analytics, and your interpretation and use of the data provided by or through Google Analytics; and
- the implementation of any digital marketing or ecommerce strategy in your business; and
- to the extent permitted by law, any guarantee, condition or warranty which would otherwise be implied into this agreement is hereby excluded. Where legislation implies any guarantee, condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such guarantee, condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of the guarantee, condition or warranty to one or more of the following:
- if the breach relates to goods,
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- if the breach relates to goods,
- The disclaimer set out in this agreement does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
5. Privacy and Use of Personal Information
- Young Folks understands that you value your privacy and wish to have your personal information kept secure. We will take reasonable steps to protect your personal information from misuse, loss, interference and unauthorised access or disclosure.
- By agreeing to these terms and conditions, you agree that Young Folks may retain and use your personal information for the purpose of informing you (including via email or SMS) of our other products, services or workshops which may be of interest to you.
6. Intellectual Property
- All copyright and trade marks in the material given to you by Young Folks (including Information) is owned by or licensed to Young Folks. You agree that no part of the Workshop or the material or Information may be used, modified, adapted, copied, published, communicated, used or reproduced by any process without the specific written permission of Young Folks.
- All intellectual property made or created by Young Folks or you in the course of, as a consequence of, or in relation to the Workshop or in connection with this agreement (including any material or Information provided by Young Folks to you) is owned by, vests in and is hereby assigned absolutely to Young Folks.
- You agree to do all things including signing all documents required to give effect to this assignment.
7. Release and indemnity
- In consideration of Young Folks accepting your participation in the Workshop, to the extent permitted by law, you:
- release Young Folks from all claims, rights or causes of action (excluding gross negligence or breach of statute) that you may have or which arises out of your participation in the Workshop or reliance on the Information; and
- indemnify and will keep indemnified Young Folks in respect of any actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments (including for breach of negligence) by any persons:
- arising as a result of or in connection with your participation in the Workshop;
- against Young Folks in respect of any injury, loss or damage arising out of or in connection with your failure to comply with Young Folks’ directions,
save that the above releases and indemnities shall not apply to the extent that the loss, damage or claim is caused or contributed to by the wrongly or negligent act or omission of Young Folks.
- Young Folks expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of opportunity, pure economic loss, loss of profit, loss of or damage to reputation or goodwill or loss of anticipated savings, howsoever caused.
You warrant in favour of Young Folks that:
- you are at least 18 years of age and you possess the legal authority to enter into this agreement;
- your participation in the Workshop and use of Young Folks’s premises will be in accordance with this agreement; and
- you are responsible for your participation in the Workshop and your use of any of Young Folks’s equipment or facilities.
- This agreement is governed by and construed in accordance with the laws of Victoria, Australia and the parties irrevocably submit to the courts of or in that State and the courts of appeal therefrom.
- If any provision of this agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it is to be severed from this agreement so that the validity and enforceability of the remaining provisions are not affected.
- This agreement constitutes the entire agreement between the parties in respect of its subject matter, and supersedes all prior agreements, representations, negotiations and correspondence.
- Each party must do all acts and execute all documents necessary to give effect to this agreement.