Invictus Enterprise Terms & Conditions
1.0 Definitions
1.1 The Company: FCSA WA Pty Ltd ACN: 619 192 102 t/as INVICTUS HEALTH HUB
1.2 Client: A person intending to enrol or attending Invictus Health Hub for a Program, Protocol, Certification Training, Workshops, Service, Presentation, Retreat, Event (Live or Online) with Invictus Health Hub.1.3 Service: A Service of Study, Program, Protocol, Certification Training, Workshops, Service, Presentation, Retreat, Event (Live or Online).1.4 Service duration: Refers to any Program, Protocol, Certification Training, Workshop, Service, Presentation, Retreat, Event (Live or Online), of which the commencement and duration dates shall be notified to the Client by the Company.1.5 Fees: The Tuition, Pre-work, Live Training, Consultation, Provision, and all other expenses relating to the Service, Are payable by the Client to the Company.
1.7 Payment Process: The process of enrolling and paying for a service via pre-arranged EFT Bank Payment or Automatic/Direct Debits.1.8 Terms and Conditions: The Terms and Conditions for enrolment and Fees payable by the Client on a service provided by the company (this document).
2.0 The Contract
2.1 Following your request to work with us, you will receive an email acknowledging that we have accepted your request, this email will include links to compulsory forms that must be completed prior to commencement of the service. The contract between the client and the company is formed once verbal confirmation is made and you will then receive that acknowledgement in writing via email, mail, or any other messenger modality.2.2 In the case of services that require applications rather than registrations, the payment of any sums intended to be in respect of fees by, or on behalf of, the client does not in itself indicate the existence of a contract between the Company and the Client. In that case the contract shall only come into being when the company has issued notification of acceptance of the Client upon a service.2.3 Payment of fees by a person or organisation other than the client does not constitute a contract for the provision of a Service between such person or organisation and the company.2.4 Once payment of the Deposit is made the deposit is non-refundable but can be used or transferred for future trainings (refer to section 4.0 Cancellations and Refunds)
3.0 Fees and Payment
3.1 If you accept these Terms and Conditions, you (or a third-party paying fees on your behalf) may pay the fees now, Via agreed upon EFT Bank Transfer or Via Direct Debit. If you choose not to pay now, the enrolment cannot be processed.3.1.1 Through applying for a service applicants are deemed to have accepted the Terms and Conditions.3.2 It is the client's responsibility to ensure that the companies fees in respect of the service (as stated on the website and in other Service publicity) and all other fees and expenses relating to the Service (some of which may be subject to a separate agreement) are paid by the deadline notified. The company reserves the right to refuse service to any client who has not paid all fees in full or as arranged before the service starts.3.3 Any information displayed during the Payment Process in respect of the amount of fees due from the Client is the definitive fee at the time of enrolment.3.4 All payments must be made in either Australian Dollars AUD or US Dollars USD. Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by the client or the third party making payment, and shall not be deductible from the Fees due to the Company.3.5 It is the Clients responsibility to notify the Company of any changes to accounts that may affect payment.3.6 If the clients payments fail or are declined the Company reserves the right to authorise a debt collector to pursue the remaining service payments.3.7 The Client is responsible to ALL payments due to the Company until the agreed upon total are paid in full.3.8 If paying by Direct Debit, the Client acknowledges the admin fees charged by Ezidebit are applicable as part of the agreement for the payment arrangement. The fees are: Administration Fee (once only) up to $5.50 Merchant Service Fee (Visa/MasterCard) 2.2% SMS Payment Reminder (optional) N/A Transaction Fee (bank account) $1.65 Merchant Service Fee (AMEX/Diners) 4.4% Payer Dishonour Fee $21.903,9 The Client understands and acknowledges that Certifications are not issued until the Service has been paid in full.
4.0 Cancellations and refunds
4.1 A seven (7) day ‘Cooling off Period’ is allocated for the Client from the date of receiving this terms and conditions.4.1.1 The Client has the right to cancel any contract for the provision of a place on a Service at any time within seven (7) days, beginning on the day you have received the acknowledgement email or letter. In each case, the Client will receive a full refund of the price paid over and above the cost of the non-refundable deposit valued at AUD$500.4.1.2 If the Client chooses to purchase and join a service that is due to commence within Seven (7) days of purchase, or choose a service which is delivered in a digital form only, you will waive cancellation and refund rights in respect of the purchase.4.1.3 Once the Service has taken place or been completed, The Client forfeits the right to cancel, even in the event that this is within seven (7) days of the date of the contract.4.1.4 If the Client wishes to cancel a contract they are to inform the Company in writing, either by email to the Support Team at support@invictushealthhub.com.au4.2 Cancellation by the Client after seven days.4.2.1 If the Client cancels their service at any time after expiry of the Seven (7) day period the Client will not be entitled to a refund.4.2.2 In exceptional circumstance you may be able to transfer your enrolment to a different service, or substitute a different Client onto the same Service, run by the Company, subject to any administration fees. Service fees already paid can be transferred to the new service, and any outstanding balance must be paid in full before the delegate can be registered on the new service. No refund will be given if the cost of the new service is less than the cost of the original.4.2.3 To cancel a contract after Seven days, or to transfer or substitute someone else, please inform us in writing by email to the Support Team: support@invictushealthhub.com.au explaining the reason for requesting the cancellation, and details of the service.4.3 Cancellation by the Company.4.3.1 the Company will make all reasonable efforts to deliver the service as outlined on the website and in any brochure etc. However, the Company reserves the right to make reasonable adjustments to the timetable, location or presenters specified to deliver the service; and make reasonable amendments to the content and syllabus of a service when necessary.4.3.2 the Company reserves the right to cancel any service by giving the Client notice in writing at any time before that service is due to start. The company will refund all fees paid by the Client and will endeavour to offer a transfer to another service as an alternative, subject to payment or refund of any difference in purchase price.4.3.3 The Companies maximum liability will be limited to a refund of received fees for the cancelled Service.4.3.4 The Company will not accept liability for any costs or losses incurred by the Client, or organisations, which are claimed to have arisen through the cancellation of a service, other than for those stated here. The client is strongly advised to take out insurance against the cancellation of any service if your travel costs are likely to be substantial.4.4 Service transfer/deferral4.4.1 If the client chooses to transfer or defer their chosen service and/or date then there will be an additional cost of $500 if the Service is completed within 12 months of the original chosen service date. If the service is deferred longer than 12 months an entirely new service fee will apply.
5.0. Security
5.1 All payment details which are entered through this payment gateway are confidential when the client, or third party makes payment.5.2 the Company shall not be liable for any failure by the Client or third party making payment of Fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such other persons, during the Direct Debit Payment process or in respect of any omission to provide accurate information in the Service of the Direct Debit Payment Process.
6.0 Visual and/or audio recordings
6.1 The organisers may take visual and/or audio recordings of Clients during the Service of service and reserve the right to use these for promotional, management or educative purposes (in the Australia or overseas). Clients' individual consent for this will be assumed to have been granted unless otherwise indicated by the client by email to the support team, prior to the start of the service.
7.0 Acceptable Behaviour
7.1 In the interests of all Service participants, the organisers reserve the right to enforce the removal of any client from the service whose behaviour or demeanour is, in their view, considered unacceptable.7.2 It is the clients sole responsibility to attend the consultations or trainings, study the material, apply the information and commit at 100%.7.3 In the case of questions, queries or complaints the client is expected to direct these to the Company in writing to support@invictushealthhub.com.au7.4 The Company does not take the responsibility for a Clients lack of application, attendance or discipline for the duration of the service, and ongoing.7. 5 Registration and Payment Does not Guarantee Client Certification. Certification can only be given once the Client reaches the level deemed competent and worthy of Certification.7.6 The Company Reserves the right to ban or eject any Client from current or future services for any behaviour or intent demonstrating misconduct, misappropriation, slander, abuse, harassment, bullying, spamming, false advertisement, breach of privacy, breach of confidentiality or improper use of techniques/protocols that could cause harm or danger to self, clients, staff or the public.7.7 The Client will be liable for replacement costs of any lost or damaged Service material eg: Course manuals.7.8 The Client is responsible for their own attendance during any Certification Training, Workshops, Service, Presentation, Retreat, Event whether Live or Online.7.9 The Client acknowledges the power of the techniques used by the Companies facilitators during the delivery of a service and commits the level of required care, integrity and respect for the highest intention of all of those participating in the service.7.10 If the Client is required to leave the Service, the Client acknowledges that they are not entitled to a refund of the service fees, or any part thereof. Outstanding fees will remain payable to the Company.7.11 Agree that the Client will observe and apply the provisions of the Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 and the related Code of Conduct, effective from 1 August 2008, available for download at www.hccc.nsw.gov.au7.12 The Client agrees to release and indemnify the Company from any claims, costs, loss or damage incurred by the Participant as a result of participating in the Training Services as set out below.
8.0 Copyright and Intellectual Property
8.1 The Client is by no means allowed to replicate and distribute any Intellectual Property of The Company or any of its Presenters. This includes no filming or recording audio of any live or pre-recorded Service content.8.2 The Client will be held legally responsible for any recreation, sale or distribution of any of the Companies Service materials, either physical, digital, or demonstrated of which they do not have written consent to distribute.8.3 The Client is responsible for quoting and referencing any of the Companies material when they do have permission to use it.8.4 The Client accepts that if any legal action, including arbitration or an action for declaratory relief is brought to enforce this release, the Company will be entitled to recover from me legal fees rendered by an Australia Legal Practice on an indemnity basis in any proceedings, in addition to any other relief to which the Company may be entitled.
9.0 Variations to the Terms and Conditions
9.1 The Company reserves the right to vary these Terms and Conditions from time to time and the current version will be published on the website www.invictushealthhub.com.au/invictusenterprise_t-c
10.0 Confidentiality
10.1 Both parties must keep confidential information confidential, which includes, but not limited to, any information that is personal, concerning financial details, regarding health, any document marked as confidential, or any information which a reasonable person would consider confidential.10.2 The Company and its representatives may disclose Confidential Information to other third parties for the following exceptions:-is required by law or court order to be disclosed, provided that the Company and the representatives must:a) promptly notify the Client in writing in advance of any such disclosure, if reasonably practicable;b) referral is required and the Client is advised of this prior to any information being given to the referral source;c) under the absolute discretion of the Company and its representatives where there is a clear and imminent danger to the client or to others.
11.0 Liability
11.1 The Company and its representatives shall at all times use their best endeavours to assist with the agreed goals. However, the Client, at all times remains responsible for their own care, safety, behaviour and outcomes. The Company and its representatives will not be liable for any injury, loss, or damage, which the Client may suffer in connection with, or as a result of participation in any element of a product or service. The Company will take no responsibility for the actions of the Client as a result of the service, whether they be physical, emotional, or otherwise.
12.0 Governing law and Jurisdiction
12.1 This document is governed by the laws of Australia.12.2 The parties submit to the jurisdictions of its courts.
13.0 Re-engagement fees
13.1 The Client is eligible to re-do a previously completed Service at a reduced ‘Graduate rate’ only if the original Service has been completed and paid for in full.
13.2 Graduate rates are at the discretion of the Company, and dependent on Service capacity.
14.0 Travel Impacts, including Covid-19
14.1 If a training is restricted or postponed the Client understands that they will be transferred to a new date at no additional cost. If the intended venue becomes restricted in group numbers, the Client is aware they may need to attend a later training date. If travel is restricted due to unforeseen circumstances or border closures the Client will be able to transfer to a new training date.14.2 If the Client travels for a training it is the Client’s responsibility to ensure they have followed all directed Government guidelines in terms of self-quarantine and the Company takes no responsibility for this.14.3 The Client will observe all social distancing requirements and hygiene practices and report any symptoms. If a Client experiences symptoms and cannot attend a Service they will be able to transfer to an alternative Service date at no additional cost.
By undertaking the training and signing this agreement you agree to the entirety of these terms.
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