In these Terms and Conditions:
1.1 “Event” means a physical or online lecture, seminar, workshop or other event promoted, provided or hosted by us;
1.2 “Student” means an actual or prospective attendee at an Event and unless the context requires otherwise means the child (if under 18 years of age) in respect of whom you are the legal parent or guardian;
1.3 “Ticket” means a ticket to attend the Event;
1.4 “Ticket Charge” means the price (if any) payable for a Ticket;
1.5 “We“, “us” and “our” are references to ATAR Notes Media Pty Ltd ACN 601 049 852;
1.7 “You” means the person entering into the agreement with us under these terms and conditions, either as a Student (if legally capable of doing so) and/or as a legal parent or guardian of a Student.
2.1 Attendance at the Event requires a Ticket or registration. Ticket allocation is subject to availability. Ticketing maybe issued by us or shall be administered by a third party online booking service, Eventbrite and you will need to register with that service to obtain a Ticket and to comply with its terms and conditions. We do not guarantee to allocate any given minimum number of Tickets for the Event, nor do we accept any responsibility if Ticket supplies have been exhausted.
2.2 If you make any errors when entering your data for the purpose of obtaining a Ticket, we will not be held responsible for any loss, damage or inconvenience that may result, including, without limitation, inability to receive a Ticket or to attend the Event. Nor will you be provided with refunds on any accidental purchases made.
3.1 You agree and acknowledge that the issue of a Ticket and attendance at the Event is conditional on our receipt of the applicable Ticket Charge (if any) in advance. Any Ticket Charges shall be in Australian dollars (AUD).
3.2 Unless we agree otherwise, Ticket Charges do not include charges relating to the supply of any printed or other materials if requested by you, for which additional charges may apply as notified from time to time.
4.1 Except where an Event is cancelled or where required at law (including under the Australian Consumer Law), any and all Ticket Charges are non-refundable. Without limitation, this includes where the Student’s attendance at the Event is prevented by circumstances such as illness or any other factor, whether foreseen or unforeseen.
5.1 We reserve the right to make any reasonable alterations to the Event speaker order, line-up, Event content, timing of or venue for the Event and will make reasonable efforts but do not guarantee to publicise such changes and/or contact Students who have obtained Tickets about any significant changes.
6.1 We reserve the right to refuse to admit, and to require a Student to leave an Event venue if in our reasonable opinion the Student is causing or is at risk of causing disruption or damage at the Event, including, without limitation due to intoxication or the influence of drugs or other disruptive behaviour we deem inappropriate.
6.2 In the course of attending the Event the Student must not:
(a) do or say anything that is disruptive or damaging to others or to the premises or facilities at the venue where the Event is held;
(b) say or represent anything that is defamatory of another person, incite hatred or discrimination against any person or group of persons, do or say anything that is racist, homophobic, misogynistic, abusive, hateful, threatening, hostile, intimidating, bullying, harassing or constitutes an invasion of privacy;
(c) do or say anything that is vulgar, obscene or profane, is inflammatory or contains expletives;
(d) infringe any third party’s intellectual property rights (including copyright) or breach confidentiality;
(e) bring third parties who do not have Tickets; or
(f) engage in, promote or encourage unlawful conduct or activities.
6.3 If we become aware of any Student conduct that breaches these terms and conditions, we may require the Student to leave the Event. We may also ban the Student from attending further Events. In addition, we may also seek any other remedies available at law. We may also disclose a Student’s (and if appropriate your) identity and related information in the event that we receive a complaint (for example, from another Student or their parent/guardian), if legal action is threatened or commenced against us and/or in respect of the Student’s conduct and activity.
7.1 Materials used and communicated by or on our behalf (including by speakers) at the Event may be protected by copyright owned by us or licensed (whether explicitly or implicitly) to us.
7.2 The unauthorised use by or on behalf of Students of photographic, sound or film equipment at the Event is strictly prohibited, except with our prior written consent.
7.3 Students may take and use for their own personal private study or research notes based on the speakers’ presentations and other materials discussed at the Event.
7.4 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world and except as expressly authorised under such legislation by these terms and conditions, you and the Student may not in any form or by any means record, reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the materials and information we disclose, provide or make available in the course of providing an Event, or of any substantial part thereof.
7.5 The brand “ATAR NOTES”, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
7.6 By attending the Event you agree and acknowledge that the Student may be directly or incidentally filmed, recorded and/or photographed at the Event and that the resulting record may be used by or on our behalf for various purposes including the general marketing of our services and/or the distribution of recordings of the Event following the Event.
8.1 We will endeavour to provide reasonable care of the Student while at the Event but you agree and acknowledge that to the extent permissible at law we shall not be liable for any damage, accident, injury, loss (including loss of property), expense or liability that may arise during or as a result of the Event.
8.2 We reserve the right to undertake or administer any lawful and reasonably necessary disciplinary action in relation to the Student at the Event, including such action as may be necessary to prevent disruption to other students.
8.3 You agree that in the event of accident or illness we may (but shall not be obligated) obtain all necessary medical assistance for the Student and you agree to meet and if appropriate reimburse any expenses related to such treatment.
8.4 You accept that information or advice found or made available through the Event is general information, is not in the nature of advice and is not guaranteed to be error-free. Independent enquiries should be made before relying on anything said or done in the course of the Event. We disclaim any warranty that information, advice and material obtained in the course of providing the Event will be accurate, complete, reliable, current, useful or error-free. To the extent permissible at law, each Event is provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law.
8.5 We do not exercise any control over the content delivered or made available at Events. To the extent permissible at law, opinions, advice, representations and other information or content expressed or made available at an Event, are provided by their respective authors/makers’ authors and are not adopted or endorsed by ATAR Notes Media Pty Ltd, its staff, or its related companies.
8.6 Except to the extent required at law, we do not guarantee that any given Event will always take place or will proceed as scheduled or proposed.
8.7 We do not provide, nor do we accept any responsibility or liability for a Student’s travel to and from the Event, nor for any other costs associated with or incidental to their attendance, including the provision of food and/or beverage at the Event.
8.8 Attendance at the Event is not intended to replace the Student’s regular class attendance or each Student’s own general diligent study note taking and generation. The Event is intended to be used in conjunction with and not as a substitute for a Student’s own study notes and directions from their regular teachers. The Student is responsible for maintaining classroom attendance and good study habits and for following the necessary syllabus.
8.9 We do not represent or warrant that attendance at the Event will lead to any particular study outcome or academic result. Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law.
8.10 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential costs, loss or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your attendance at, any inability to attend, or any cancellation or rescheduling of the whole or part of the Event, or through or as a results of use of or reliance on materials obtained during, as a result of or in connection with the Event.
9.1 You warrant that you have full authority and entitlement to enter into this agreement as either a Student (of 18 years or over) or the legal parent or guardian of a Student who proposes to attend an Event.
9.2 You personally guarantee the performance of all of the obligations of the Student under these terms and conditions. You agree and acknowledge that in the event that we suffer loss or damage as a result of a Student being a minor we reserve the right to take legal action and seek recompense from you as the parent or legal guardian of that minor.
9.3 You agree to fully indemnify and hold us (and our directors, officers and employees) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with the Event and any breach by you or the Student of these terms and conditions.
9.4 If any part of these terms and conditions is found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these terms and conditions and will not affect the validity of the remaining provisions.
9.5 This Agreement is governed by the laws in force in Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
Date of last update: 25 March 2022
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