1. Accepting this Agreement

Thanks for taking the time to read our terms and conditions (Agreement), we are Creative Connection Pty Ltd ABN 70 674 224 278 (Creative Connection, we, our, us and other similar terms). These terms govern our individual and group counselling sessions and classes, including our business team building sessions (Session).

When we refer to the you (you, your and similar terms) we are referring to the person who entered into this Agreement with us for one of our Sessions, whether it is you, your child or one of your staff who attend personally (Attendee).

We make the offer to you to enter into this Agreement with us on the terms and conditions contained herein. These terms govern our business arrangement with you. By signing up for a Session, you accept our offer and agree to comply with and be legally bound by this Agreement.

Please email us at hello@creativeconnection.au if you have any questions.

2. Disclaimer

You acknowledge we provide services to assist Attendees to build self-esteem, confidence and find empowerment, however, results may vary depending on the individual. We do not provide medical advice. Should you be dealing with psychiatric or medical conditions you should consult a medical professional.

3. Payment of the Session Fees

You must pay all Fees in accordance with the Payment Terms unless otherwise agreed in writing between the parties. Unless otherwise provided for in the Session details, all amounts referred to include GST.

From time to time we may make available alternate payment options for our Sessions, including NDIS invoicing. Alternate payment options are made available at our sole and absolute discretion.

4. When refunds are made available

Subject to any non-excludable condition such as those contained in the Competition and Consumer Act 2010 (Cth) (Non-Excludable Condition), we do not provide refunds once we enter into this Agreement with you. Where there is a minor problem with our products or services, we reserve the right to remedy the problem or provide a refund, in our sole and absolute discretion. We do not provide refunds simply because you change your mind or are unable to attend a Session.

You acknowledge that you are required to pay the Fees set out in the Payment Terms for the Session whether or not you attend or make use of our services.

5. Re-scheduling and substituting Attendees

Unless otherwise agreed in advance, if the Attendee does not attend our Sessions, those services will not be re-supplied. We may, in our sole discretion and at your request, re-schedule one on one Sessions, or where you are a business client allow you to substitute an individual Attendee.

6. Warranties

You warrant and undertake you have full power and authority to enter into this Agreement and observe and perform all of your obligations herein. You are solely responsible for the actions of any Attendees and while attending Sessions you and your child or staff must conduct yourselves, and deal with our staff and other Attendees, in an age appropriate manner which is conducive to the setting (Conduct Standards). Attendees who fail to meet these Conduct Standards may be required to leave. If the Attendee is required to leave as a result of their failure to meet the Conduct Standards, we may, in our sole discretion refuse attendance in future Sessions.

You further warrant that you will not use any of our Intellectual Property (including Session materials and the content located on our Website) for any purpose other than to engage in the Session. The output you create in our Sessions, of course belong to you and you are free to proudly present it wherever and however you like.

Nothing in this Agreement is intended to transfer Intellectual Property between the parties.

7. Privacy

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.  

8. Confidentiality

A party will not, without the prior written approval of the other party, disclose the other party's Confidential Information.

A party will not be in breach of this confidentiality clause in circumstances where it is legally compelled to disclose the other party's Confidential Information. Notwithstanding any other provision of this clause, a party may disclose the terms of this Agreement to its professional advisors.

9. Intellectual Property

We grant you a licence to use the Intellectual Property which was provided as part of our Sessions for the sole purpose of the Attendee’s participation.

Unless otherwise agreed in writing, the rights granted in this clause 9 expressly excludes the use of any of our Intellectual Property for any business activity you engage in whereby you provide, or assist any other person to provide, services in competition with us.

You acknowledge and agree, we may include any feedback, commentary or reviews provided by you or an Attendee in any of our goods or services or for the purpose of promoting those goods and services in a marketing and advertising context.
This clause 9 survives termination of this Agreement.

10. Limitation of Liability

Subject to the Non Excludable Conditions, each party excludes all liability for any costs, including consequential loss, suffered or incurred directly or indirectly by the other party in connection with this Agreement.

Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods; or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services; or the payment of the cost of having the services resupplied.

11. Termination

This Agreement immediately ends at the expiry of the Session or where the engagement involves multiple Sessions, then the last Session.

We may terminate this Agreement immediately by notice if you or your nominated Attendees commit any material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, you fail to remedy the breach within 7 days after the receipt of a breach notice.

12. Dispute Resolution

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 12 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of this Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 12. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 12 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

13. General provisions

Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement - This document and the Session details contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these terms and has no further effect.

Force Majeure - Our obligations under this Agreement are suspended for the duration of and to the extent that they are affected by an Event of Force Majeure. In such circumstances we reserve the right to re-schedule the Session.

Governing law - The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.

No waiver except in writing - No part of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided expressly and in writing.

Severance - If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in full force and effect.

Variations - This Agreement may only be varied in writing by agreement between the parties.

14. Definitions

Attendee takes its meaning from clause 1.

Conduct Standards takes its meaning from clause 6.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, natural disaster, health epidemic/pandemic, industrial action or labour disturbance, action or inaction by a government or computer disruption due to the effects of a computer virus, malware or other malicious code.

Fee means the price payable for a Session.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to confidential information, copyright, designs, formulas, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Session takes its meaning from clause 1 and includes any Session details set out on our website and in the case of tailored Sessions, as agreed in writing between the parties.

Payment Terms means the requirement to make payment of the full Fee at time of booking.

Website means www.creativeconnection.au and any of its subdomains.