This page outlines the terms and conditions ("Terms and Conditions") which apply to clinics or events ("Clinics") listed on our website www.archandalex.com.au. Please read these terms and conditions carefully. You must not register to attend any of our Clinics unless you understand and agree with these Terms and Conditions. By proceeding with your Clinic registration, you are accepting these Terms and Conditions in their entirety. References to "we", "our" and "us" means ARCH & ALEX PTY LTD (ABN 61 610 617 724).
Entire Agreement These Terms and Conditions shall apply to all Clinic registrations on our website. When you register and pay to attend the Clinic, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affect your statutory rights under Australian Consumer Laws.
No other terms and conditions will apply. Any conditions which you submit, propose or stipulate at any time are expressly waived or excluded. We reserve the right to amend these Terms and Conditions at any time. All amendments will be posted on www.archandalex.com.au. Your attendance or participation in the Clinic will constitute acceptance of the new Terms and Conditions.
Clinic Registration It is your responsibility to ensure that the Clinic is sufficient and suitable for your purposes and meets your individual requirements. We do not warrant that the Clinic will meet your individual requirements. You acknowledge that the Clinic is not made bespoke to fit any particular requirements that you may have. You agree to advise us, in writing at the time of your registration of any physical, medical or other special needs that you may have. We reserve the right to cancel your registration if you fail to do this.
When you register to attend our Clinic, you: (a) warrant that you are at least 18 years of age; (b) enter into a binding contract with us based on these Terms and Conditions; (c) warrant that the information you have provided us is true, complete and accurate; and (d) expressly authorise us to arrange relevant contracts between you and our suppliers as your agent.
Payment and Refunds If registration is made 12 weeks or less before the Clinic date, full payment must be made at the time of registration. Your registration will only be confirmed when payment is full has been received by us.
If full payment is not made by the due date of the invoice, we may cancel your registration. Subject to your rights under the Australian Consumer Law, except where these Terms and Conditions expressly provide for payment of a refund amount, in no circumstances will amounts paid be refunded or refundable.
Changes or Cancellation by Us We may cancel the Clinic if it is necessary to do so because the Clinic cannot be conducted because of events beyond our reasonable control, or if the third-party supplier (ie. Clinic instructor) cancels the Clinic.
If we change or cancel the Clinic, we will give you as much notice is reasonably possible in the circumstances. If we cancel the Clinic, you will be given the option to receive a refund, or a credit voucher to use for the next Clinic.
Cancellation By You If you cancel your registration for any reason, all monies already paid to us will not be refunded. You must provide us with written notification of the cancellation. We may, on a case by case basis, allow you to transfer your registration to another person.
Limitation of Liability We take care to choose reputable third-party suppliers, and exercise skill and care in negotiating contracts on your behalf with those third-party suppliers when organising the Clinics. We are a booking agent and do not actually provide the Clinic services. For this reason, we exclude all liability for any liabilities, losses, damages, costs or expenses that you suffer or incur as a result of the acts or omissions of any third-party supplier that we may engage on your behalf.
We exclude liability, and you irrevocably release us from and indemnify us against any claims, demands or proceedings by any person, for liabilities, losses, damages, costs or expenses, suffered or incurred by you as a result of, or related to any one or more of the following: (a) any death or any physical injury or harm suffered by you; (b) any loss of, or damage to any property of yours, including your horse; (c) travel cancellations or delays you experience (including where that means you are unable to attend some or all of the Clinic); (d) any services that a third party fails, refuses or neglects to provide.
We will not be liable for any loss of income, loss of profits, loss of contracts, or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any Clinic supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the Clinic registration amount you paid to us.
Severance If any of these Terms and Conditions are deemed void, illegal or unenforceable, they will be read down to the extent necessary to ensure that they are not void, invalid, illegal or unenforceable. If that is not possible, they will be severed from these Terms and Conditions and the other terms will remain valid.
Governing Law These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.