Program Terms & Conditions
1. DEFINITIONS OF KEY TERMS
a) Crewsy P/L – means but is not limited to Catheine Yang, Directors, Officers, Employees, Contractors, Share holders, Speaker/s (referred to collectively as “us”, “we” or “our”).
b) You, Your and/or Client – means the person named on the Enrolment form, registered online, named in our database or has requested services to be rendered from drcatherineyang.com electronically, by phone or in written form or any other method not mentioned (referred to collectively as “you”, “your” “client” or “yourself”).
c) Seminar/s, Event/s – a conference where you attend and are given information or training which may be in person, via the internet or electronic means and either held by us or a company promoting us (referred herein as “Seminar”, “Event”, “Bootcamp”, “Workshop”, “Intro”, “Webinar”).
2. ACKNOWLEDGEMENTS BY YOU:
- all material inclusive, but not limited to, proposals, documents, concepts, ideas, offers, features, charts & quotes, calculations, formulae, intellectual property, strategies and any other drcatherineyang.com materials, whether written or oral (material), referred to or provided to You by Crewsy P/L, has been referred or provided to You as general educational information only.
- all intellectual material is subject to copyright and is proprietary of Crewsy P/L.
- You are not authorised nor shall you photograph and/or record any Events or Seminars we hold which you may participate in.
- You shall not duplicate by any means whatsoever any of the information that is provided to you irrespective if you have or haven’t paid for the material.
- If You are found to be recording whilst at a Seminar or Event held by us with any form of recording media, the said media will be confiscated and become the sole property of Crewsy P/L. We reserve the right to exclude You from the remaining portion of the event if You are found with a recording device and may not be allowed to attend any future Seminar or Event.
- You shall not provide our information and/or content to anyone either in physical form and/or online/electronic form.
3. RELEASE
You release us absolutely from all or any responsibility or liability for any losses, claims or demands that may be incurred as a result of the client using the information for investment or other purposes. The information is provided solely for general education purposes and neither purports nor intends to be advice. Crewsy P/L and associates do not provide legal, financial or other professional advice.
4. AUTHORITY
- You acknowledge that we may photograph and/or record Events or Seminars and You authorise us to utilise any such photographs or recordings in any matter whatsoever unless You provide us with written documentation requesting we do not utilise this.
- You acknowledge and agree that we may record all interactions between You and Us, including phone conversations and/or coaching sessions via skype, for review if needed.
5. RESTRAINT
You hereby agree that You may not represent yourself, whether expressly or implied, to be in any way connected with us: be it representative, agent, employee, partner or in any other way.
6. CONFIDENTIALITY & INTELLECTUAL PROPERTY
You agree that any material is strictly confidential and remains the copyright and proprietary of Crewsy P/L. You agree to not adopt or use the material provided for any other purpose; especially not to conduct any other promotional or marketing activity without the prior written consent from Crewsy P/L. Any material provided now or in the future was accurate at time of press but can be altered at any time without notice. Furthermore, you acknowledge and agree that materials provided to You contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Crewsy P/L, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the materials, in whole or in part.
7. DEFAULT
- If You default in any payment of any invoice when due, you shall indemnify Crewsy P/L from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.
- Without prejudice to any other remedies may have, if at any time You are in breach of any obligation (including those relating to payment), Crewsy P/L may suspend or terminate the supply of program inclusions to You and any of its other obligations under the terms and conditions. Crewsy P/L will not be liable to You for any loss or damage you suffer because Crewsy P/L has exercised its rights under this clause.
- Without prejudice to Crewsy P/L’s other remedies at law, we shall be entitled to cancel all or any part of any order of yours which remains unfulfilled and all amounts owing to us shall, whether or not due for payment, become immediately payable in the event that:
i) any money payable to Crewsy P/L becomes overdue, or in our opinion You will be unable to meet its payments as they fall due; or
ii) You being an individual become bankrupt, convene a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of Your creditors or being a company become insolvent, convene a meeting with its creditors or makes an assignment for the benefit of Your creditors; or
iii) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any asset of yours. - A dishonour fee of $50 is applicable for every attempt made by Crewsy P/L to collect funds due, when a total monthly payment or any other amount due under Your contract is unable to be processed (this includes but is not limited to, defaults on a payment due to insufficient funds in Your nominated bank account, a declined transaction or for those customers who default in their direct debit payments).
- A payment deferral fee of $55 is applicable, where Crewsy P/L agrees to defer a total monthly payment or any other amount due under the agreement upon written request from a client.
- Dishonour fees are payable immediately upon the dishonour. A payment deferral fee is payable at the same time as the deferred payment is due.
8. PERMISSABLE USE
If You provide a testimonial about drcatherineyang.com, we may use the testimonial, in part or whole, to promote us in any format or medium at any time.
9. PRICING AND PAYMENT METHODS
- At Crewsy P/L’s sole discretion the price shall be either the event price or the full price.
- At Crewsy P/L’s sole discretion:
i) payment shall be due before the facilitation of the education and email series to get you started; or
ii) payment for approved Clients shall be made by installments in accordance with Crewsy P/L payment plan agreement. - Where Crewsy P/L agreed to a weekly, fortnightly or monthly payment schedule then a reasonable administration fee will apply to those accounts at our discretion.
- PIF (pay in full) Today Only rate is valid on the date of presentation only, unless otherwise agreed.
- At Crewsy P/L’s discretion, a deposit amount may be accepted from you, to hold the program price outlined by us on the date you signed the enrolment form or agreed to proceed, via phone or electronic means. This allows you to proceed with the program inclusions, at a future date of no longer than 12 months from date of enrolment and/or payment of deposit, whichever is first, once full payment has been received. This deposit is nonrefundable.
- Receipt of payment will be provided to you once payment has been made in full either by Crewsy P/L or from the company processing your payment.
10. DELIVERY OF PROGRAM INCLUSIONS
- The online program membership will commence:
i) immediately, once full payment has been made; or
ii) once 1 full part payment and postage and handling cost has been made as per Crewsy P/L’s 3 consecutive part payment schedule; or
iii) once all payments are received, if an extended part payment schedule has been arranged and agreed upo - Crewsy P/L shall not be liable for any loss or damage whatsoever due to failure by us to deliver the Seminar/Bootcamp (or any of them) promptly or at all, where due to circumstances beyond the control of Crewsy P/L.
11. CANCELLATION AND REFUND POLICY
- Programs/services purchased from Crewsy P/L come with a 3 day cooling off period from the date of which payment, presentation or order form is received, whichever is first (3 day cooling off period includes weekends and public holidays) and is subject to a cancellation fee, outlined in clause 11(c).
- After 4pm Sydney time on the 3rd day there will be no refund whatsoever and you will be bound and liable for the full cost of the program.
- Crewsy P/L will charge a cancellation fee of $495.00 when You cancel within 3 days from the event. The $495 cancellation fee applies to all refunds in addition to any other applicable fee or charge in our terms and conditions.
- If Your refund request is valid and approved, refunds or alternatively a product credit will be issued at our discretion.
- If a specific refund policy applies to your product you must abide by all the terms and conditions stated, otherwise You may lose Your right to a refund.
- If You purchase a program or service and apply for a refund any future program purchases become non refundable regardless of the refund period.
NB. All prices quoted are in AUD (Australian Dollars).
13. DISCLAIMER
- Information on our products is maintained by the people and organisations it relates to. Before relying on the material, you should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice.
- The material may include views or recommendations of third parties, which do not necessarily reflect the views of Crewsy P/L or indicate its commitment to a particular course of action.
- Links to other websites/products are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.
- The listing of a person or company in any part of this program in no way implies any form of endorsement by Crewsy P/L of the products or services provided by that person or company.
- To the extent permitted by law, Crewsy P/L and its respective directors, officers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defense or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profits, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the content of the inclusions and/or any omissions from the content whether in contract, tort (including negligence), statute or otherwise and even if Crewsy P/L has been advised of the possibility of such damage or loss.
14. LIMITATION OF LIABILITY
- Nothing contained in this agreement excludes, restricts or modifies any rights you have under the Australian Consumer Law, which cannot be lawfully excluded or limited. For example, your rights include an assurance from us that any services provided are provided with due care and skill and that any materials supplied in connection with those services are reasonably fit for their purpose and that any goods supplied are of merchantable quality. Other than as referred to above or expressly stated in this agreement, Crewsy P/L does not make any promises or warranties, whether express or implied, about the services or any of our inclusions. This educational material is purely educational in nature. We do not give specific advice and any trades shown in or at any Seminars, Workshops or in educational material are for educational purposes only.
- You have requested Crewsy P/L and its respective directors, officers, employees, contractors and agents to provide You with a service and that You are aware that this is outside any other arrangement You have made in the past or present with any third party and that You have made first contact to have these services provided to You from Crewsy P/L.
- This agreement between Crewsy P/L and You is to be kept strictly confidential and is not to be discussed or mentioned. You are not permitted to discuss (verbally, in electronic format or otherwise) or provide any information to any third party either associated with You or Us either in association with these services provided or outside of these services that are negative in nature against Crewsy P/L.
- In the event that you do discuss negative information with any other person, Corporate body or Legal Entity, any Legal Costs, Legal Liabilities or injunctions imposed where any monies need to be paid out due to You disclosing this information between You and Crewsy P/L whether directly or indirectly or breach any of our terms and conditions in this agreement will be a cost that You will compensate Crewsy P/L for including all out of Pocket expenses.
VARIATION OF TERMS
Crewsy P/L reserves the right to vary these terms of use from time to time. Up to date Terms and Conditions will be available on our website, www.drcatherineyang.com. You should check this regularly for any updates.
We are entitled to vary these terms at any time by giving you written notice.
SEVERABILITY
If any of these terms and conditions are invalid or unenforceable in any jurisdiction, they are, if possible, to be read down so as to be valid and enforceable. The read down provision will only apply in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, it is to be severed. The rest of the provisions, and the validity or enforceability of the affected provision in any other jurisdiction, will not be affected.
GOVERNING LAW
These terms and conditions are governed by the law in force in the State of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts
GENERAL
You should not act on the basis of any information provided in our material, at our seminars or in the slide presentations or meeting conducted between you and us and should seek advice on your specific circumstances. The contents of any products have been prepared without taking account of your objectives, financial situation or needs. Before taking any action to acquire any of the educational products offered, consider whether the product is appropriate having regard to your own objectives, financial situation and needs. You should obtain your own independent advice relating to the relevant financial product mentioned in this program (which contains full details of the terms and conditions of the relevant educational program) and consider it before making any decision about whether to acquire the educational program.
By signing this contract, you agree to pay Crewsy P/L the payment for the services we are to provide, listed under program inclusions on the enrolment form, that you have selected whether now, in the past or in the future. You understand that the services will be provided to you in good faith and that there will be circumstances where the services promised may not be delivered and you agree to the terms and conditions outlined below and also to any additional terms and conditions that may be applicable either now or in the future with regards to this service which are not outlined herewith.