Terms of Sale

 

 

1. Definitions

1.1 We, us, our mean Delta Mash.

1.2 You and your mean the purchaser of goods, audio or video content from Delta Mash.

1.3 This is a contract between us and you.

1.4 "Lifetime Access" means ongoing and complete access to the Change Manager Accelerator course and community for the life of the program, not for your life or the life of Jane Waterson. This is ongoing access at no additional charge until the course is no longer offered, at which time all members will be given at least 12 months notice before the program is closed. Any future closure of the program or community in the future does not affect the refund policy and does not entitle members to any form of refund.

2. Contract

2.1 When you purchase audio or video content from us, we grant you a licence (which is limited, revocable, non-exclusive, non-transferable) to listen to, download or stream such content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the content other than as set out in this contract. You must not sell, transfer, lease, modify, distribute or publicly perform the content in any manner and you must not exploit it commercially. You agree to not tamper with the content or create any derivative works therefrom.

2.2 We may terminate your license to use any purchased products if you breach this contract.

3. Payment

3.1 You may request to make payment by instalments. If you and we agree that you may make payments by instalments you must pay all instalments on or before each due date.

3.2 The due date for each instalment is first instalment payment to be made on purchase and 30 days after each previous instalment.

3.3 If payments are ceased during the course of your payment plan you agree that your access to the products you purchased will be revoked.

3.3 All goods sold by us are charged in Australian dollars. If you are located in Australia you will be charged Australian Goods and Services Tax.

4. Warranty

4.1 We will repair or replace at our discretion any goods which are physically defective for the period of 12 months after purchase. This warranty does not apply to defects which occur because of misuse or accidental damage.

5. The Australian Consumer Law and limitation of liability

5.1 For the avoidance of doubt, nothing in this contract limits or restricts your ability to make a claim against us that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.

5.2 Subject to paragraph 5.4 and to the extent permitted by the Australian Consumer Law and relevant state legislation, our sole obligation under this contract is to use our best endeavours to provide the products or to repair the products or repair or replace any part of a product which is found to be defective during one year after purchase. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

5.3 When you acquire goods or services from us, Part 3-2, Division 1 of the Australian Consumer Law implies a number of guarantees that cannot be excluded. Subject to the Australian Consumer Law, to the full extent permitted by law:

(a) under no circumstances (including but not limited to any act or omission on the part of us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of or access to, or any inability to use or access, the products you purchase from us;

(b) we exclude all guarantees, conditions, warranties and terms implied by statute, general law or custom;

(c) in no event shall we be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

5.4 If the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to s 64A of the Australian Consumer Law and similar provisions of relevant state legislation we limit our liability to payment of an amount equal to the lowest of:

(a) the cost of replacing the goods or services or supplying equivalent goods or services;

(b) the cost of repair of the goods;

(c) the cost of having the goods repaired or replaced.

5.5 Subject to paragraph 5.4 we are not liable for default or failure in performance of our obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials, labour or transportation or any other cause beyond our reasonable control.

5.6 Subject to paragraph 5.4, we are not responsible for any loss caused by an error or defect in the products or errors or faults caused by components supplied by any other person.

6. Refunds & exchange

6.1 Voluntary refunds:

(a) This product is non-refundable after the start date of the program you purchase. Refunds may be requested before the start date of the program you purchase but will incur a 10% processing fee of the total course amount (inc. GST) in addition to incur the below costs if the following coaching sessions have already taken place before course commencement:

Change Management Competency Assessment - $500 AUD + GST

CV Review Session - $400 AUD + GST

Requests for refunds must be made in writing via email to [email protected] within the defined refund period as listed above in section 6.1 (a).

(b) If you receive your money back you must delete every copy of the product and materials that you have downloaded as well as copies you have placed on other devices or media.

(c) being removed or banned from the Slack community does not entitle you to a refund of your Change Manager Accelerator enrolment fee.

6.2 You may be entitled to a refund as a result of your rights under the Australian Consumer Law. Our goods 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.

6.3 If you are entitled to a refund, we will refund your money within two weeks of notice to us and the entitlement arising.

6.4 If you are required to return any goods, you are liable for the cost of returning those goods unless the cost is significant.

6.5 Your refund will be paid in the currency in which it was received by us. If you paid in a currency other than Australian dollars, you may be liable for the costs of exchange.

7. Privacy

7.1 You agree to our Privacy Policy available here.

8. Change Manager Accelerator terms

8.1 If you purchase Change Manager Accelerator, you must abide by the Change Manager Accelerator Terms of Sale.

9. Trade marks

9.1 Trade marks used on the Website belong to their respective owners. You must not use any trade mark displayed on the Website without the express written permission of us or the third-party owner.

10. Jurisdiction

10.1 These Terms are governed by and to be construed in accordance with the laws of New South Wales, and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.

10.2 If any of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

11. Events

11.1 Cancellation policy: Tickets are non-refundable but completely transferable. If you require your ticket to be transferred to someone else, please email their full name and email address to [email protected] no less than 3 working days prior to the event.

11.2 Event: Delta Mash reserves the right to change the event at any time, this includes location. In the unlikely event that this will happen, every effort will be made to ensure an event of equivalent standard in a reasonable distance from the original location.

11.3 Behaviour: Delta Mash reserves the right to prohibit entry or eject any person from the Venue based on behaviour deemed inappropriate by Delta Mash staff and/or its agents and others working under its authority.