Seminar Terms & Conditions
These are the General Terms and Conditions regarding the purchase of Exponential Programs Seminars and Programs, from now we’ll use Seminars as all inclusive for Seminars, Memberships, Events, Workshops, Programs, Products and Services. Please note that these may vary for each individual event or program. Additional details can be found by referring to the relevant page on this web site. If you have any queries relating to the specific terms and conditions don’t hesitate to contact us.
Our “legal stuff” has no fine-print!
Making money from your business or website is a serious endeavour. We’re wholeheartedly committed to your success, that’s why we’ve put together this document to make sure we are both on the same page when it comes to our joint rights, responsibilities and obligations. It takes guesswork, opinions and grey areas out of the equation!
By taking care of our end of the bargain – we expect you to do the same.
1. Thank you for accepting our offer to present Seminars to you. By signing the Order Form, you agree that the Order Form together with these Terms and Conditions form a contract between you and us.
Dealing with us is like entering into a partnership. So, naturally we need a contract to protect both our interests. This contract will help avoid any misunderstandings, disagreement or confusion on either end. The contract will hold us both accountable to each other.
We’ll do everything we can to help you succeed. That’s why it’s important we both do our part. By taking care of our end of the bargain, we expect you to do your part. We think that’s a reasonable request, one that could make you a little fortune as long as you do exactly what you have agreed to do.
Time and Place
2. Your payment of the Investment to us entitles you to:
(a) attend the Location during the Seminar Hours to receive the Seminar Services; and
(b) to receive a copy of the Materials (subject to clauses 11 to 14).
We’re not miracle workers. We can’t make you produce results if deep inside you’re not committed 100%. Attending a seminar or workshop, or downloading a report is only the first step. 90% of the people don’t even take that step – so you can give yourself a pat on the back. But, as we said, it’s only the first step. You have to do stuff! If you don’t, well, guess what? Nothing will happen. Your business won’t improve... Your website won’t get any more sales or more traffic... You’ll stay right where you are producing exactly the same kind of results. Yes, that will make you even more frustrated and angry, but since we’re giving you access to the latest cutting-edge technology and if you don’t make full use of it, the only person you should be angry with is yourself. But of course you won’t do that to yourself – that would be foolish.
3. We may change the Seminar Hours and / or the Location for any reason by notifying you in writing of the change and detailing substitute Seminar Hours and / or Location and:
(a) we shall have no liability to you; and
(b) you shall make no claim against us (including for a refund), in respect of the same.
C’mon. There are bushfires, accidents and slipups – many times things happen without advance warning and without our intervention. While we will do everything we can on our end, there are obviously things beyond our control. Still, you can count on us that no matter what. We’ll do everything we can to make it up to you. After all, we want you to be happy.
Investment and Payment
4. You must pay to us in consideration of the Seminar Services:
(a) the Investment Sum in one lump sum on the signing of the Order Form by you without set off, deduction or counterclaim; or
(b) if we have agreed that you may pay by Installment, you must pay each Installment to us in full and without set off or deduction the Installment Sum on the Installment Payment Date.
Every time you deal with us, make a booking, purchase or reservation, we treat you like an adult. We take you seriously and we expect that you take your decisions seriously too. So, we expect you to follow through on your decisions and obligations. Whatever payment option you choose – it’s your decision. We offer payment plans to make it easy for you. If you abuse any of your payment privileges we can’t continue to offer you any further benefits. If you expect this to happen – why not give us a call and let us know so we can work something out together? That’s a lot better don’t you think?
5. Payments made under this agreement must be made by the means specified in the Order Form.
To make it easy for you, we give you as many payment plans and options as we possibly can. But, we can’t afford to keep chasing money that’s owed to us. Don’t send our payments via carrier pigeon with unless that’s clearly specified on the Order Form as an acceptable way of payment. Our focus is on getting your business, website or wealth – going and growing. The last thing we want to be doing is dealing with administrative chores, following up on payments. Please help us help you.
6. If you should not pay to us an Installment Sum by the Installment Payment Date for that Sum then all monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for further demand.
We expect you to take care of the details that are obviously your responsibility, without our involvement. Making sure that we get paid on time and the exact amount is your responsibility. We give you a payment plan to help you out. You can take advantage of that as long as you don’t abuse the privilege. If you can’t do that we need to seriously consider whether we want to do business with you. While many of our competitors would be happy to tolerate such careless behaviour, we’re not like them. It’s what clearly sets us apart. To be industry leaders we must focus on helping our clients grow their businesses, websites and wealth – chasing money that’s owed to us, can’t be on our priority list and we just don’t tolerate it. That means we deal with a better clientele and the people you come in contact with at our events and workshops are all professional business people of the highest integrity and calibre.
Cooling Off Period
7. If you advise us by notice in writing within 7 days of signing the Order Form that you do not wish to receive the Seminar Services this agreement shall be at an end and we shall refund to you all monies you have paid to us under this agreement.
Here’s the thing – we don’t want to be playing “he said she said...” – the government stipulates clause for a purpose – in writing means you have to take the time to DOCUMENT your request so there is no question for debate – it’s black and white – no gray zones.
Yes we will hold you to this because we want to hold you accountable to your results too – that means following process and procedure. After all, you have to admit that it’s not too much to ask to give you ALL YOUR MONEY BACK.
We can’t refuse – it’s the law. But if you don’t follow the law, well that’s your choice.
What you can’t do is ask for a refund just because you change your mind. That’s not on and nor is it fair. We are going to deliver what we said we’d deliver and we need you to stay focused on what you want to achieve – on the Internet or in Business. We’re there with you every step of the way, but we can’t do it without you. You have to do your share.
8. We may cancel the Seminar Services for any reason by written notice to you. We will also refund you the Investment you have actually paid to us within 10 days of giving you notice of cancellation. We shall have no further liability to you in respect of the cancellation (clause 13 shall apply).
Sometimes circumstances beyond our control force us to cancel an event. While we attempt to do the impossible, miracles are still not part of our promise. At our discretion, we don’t and won’t keep your money if we can’t deliver on our promise. In all the years we’ve been in business, this has never happened. In some situations we may shift the date and re-schedule you into another session, but we always make it up to you somehow. It’s one of the Exponential Marketing Strategies we teach – to continually add value to the relationship.
9. We will refund you the Investment actually paid by you if and only if (subject to clauses 7 and 8):
(a) you attend the Location during the Seminar Hours and receive the Seminar Services;
(b) are not satisfied with the Seminar Services;
(c) complete a Refund Claims Form on the day the Seminar Services are performed and deliver it to our representatives at the Location. One of our representatives will provide you with the Refund Claims Form on request; and
(d) return all Materials to us at the same time you deliver the Refund Claims Form.
We can’t refund your money unless you actually attend the event. If, instead of attending a seminar you go for drink down the pub... or you think you can’t travel because your dog eats your plane ticket... or your plane flies you out of the country and you end up on a beautiful beach somewhere. Well, guess what? We can’t be held responsible for that.
If you commit yourself to attending an event, we expect you to be there. If, while you’re there in the room, you decide that it’s not for you – we understand. We obviously can’t please everybody. But, make sure you tell us about that on the day. Don’t ask for your money back MONTHS after that fact. If something is of no value to you, you should know it immediately on the spot.
When we say you have to deliver all the materials – we mean everything you received from us as part of the deal. There are additional conditions to this for on-going Programs. Refer to the individual Program for further details. Most on-going Programs allow you to stop the Membership if you are not getting value. Refunds are not part of the deal. That means we have to keep delivering value EVERY SINGLE MONTH otherwise you’ll cancel your membership. That happens less than 1% of the time = which means we over-deliver on our promises.
10. You acknowledge that you shall not be entitled, and shall not claim a refund other than by strict compliance with clause 9 or otherwise unless clauses 7 or 8 apply. You further acknowledge that this is an essential term of this agreement on which we rely.
We understand that everyone is entitled to an opinion. We all have one. That’s why we have this contract that makes it as clear as ‘black and white’ what we both are expected to do. To be in this business we can’t afford to depend on other people’s opinions, that’s why we stick to strict system and procedures. Don’t worry - if you hold up your end of the bargain, we won’t need to have any “resolution conversations”.
11. We have all right, title and interest in all intellectual property used by us in performing the Seminar Services (subject to the rights of the presenters) and all intellectual property we may develop as a result of the performance of the Seminar Services.
Let’s face it. The technology we use is cutting-edge stuff! It’s what leaves our competitors in the dust. When you enter into a contract with us, we agree to disclose our secrets to you. What you don’t have permission to do is take it and claim it as your own. That’s why we won’t let anyone unlawfully steal what rightfully belongs to us. Stealing other people’s stuff is not cool. We’ll do everything in our power to fight any such unscrupulous individuals with the best lawyers in the country. We know you won’t push us this far so you probably don’t have to worry about that.
What happens in Vegas, stays in Vegas!
When we bring clusters of forward-thinking business leaders into one place naturally breakthroughs will be created right there on the spot in front of everyone. You can’t claim ownership of that even if you think you are a direct contributor. Such ideas are formed as a result of the MasterMind that we have created and put together. If that disturbs you, simply don’t share anything while in the room that you want to keep secret. Once it’s out – it’s in the room. Keep in mind that for every idea you share, several others are formed instantly as the rest of the room adds to it. You decide whether you want to take advantage of that. This is not Vegas – this is the real world of business breakthroughs that occur magically every time like-minded achievers get together.
12. In performing the Seminar Services for you, we do not transfer title to you in any intellectual property and title to all such intellectual property remains with us.
We are happy to give you full access to the latest tools, techniques and strategies you need to be successful on the Internet or in business. What you can’t do is take stick your own badge on it and claim it as yours. That’s stealing!
13. You may not:
(a) alter any of our intellectual property or the Materials; or
(b) copy or reproduce the content of the Seminar Services or the Materials; or
(c) on sell the intellectual property or the Materials (‘IP’) or supply the IP to third parties.
You may not use our Intellectual Property in any way shape or form. It’s that simple.
14. You authorize us to use any intellectual property created by us in performing the Services for any purpose it may require, including, without limitation, marketing and promotions of our and services.
This just means that when ‘magic happens’ we’ll be there to document it. Because we made it happen, it’s our Intellectual Property – of course it’s yours to use for your Business and Website, but don’t forget clauses 12 and 13!
15. You acknowledge:
(a) that neither we, any of our representatives or any person we engage to perform the Seminar Services (‘Relevant Persons’) is an investment advisor or licensed by ASIC or any other governmental authority to provide investment advice;
(b) that the Relevant Persons do not purport to provide investment advice or operate an investment advice business (as defined in the Corporations Act 2001); and
(c) we may pay commissions to third parties arising from your entering into this agreement.
You need to make your own decisions as all adults do. We’ll give you the tools you need to be successful, however we can’t be responsible for your decisions. You need to get your own independent advice on some matters especially those that involve finance, accounting, tax and investments. The law is pretty clear about this. As a businessperson you know you have responsibilities to adhere to. Make sure you are well advised in these matters.
16. Subject to your rights under the Privacy Act 1988, you may be required to complete and deliver to us other documentation, including questionnaires.
The government has laws clearly established to clarify issues and prevent disagreements from popping up. We follow the law to a “T” because we don’t want to get crushed by the law. We’ll never ask you to do anything that’s not necessary for the fulfillment of the Services. We treat Privacy and Confidentiality very seriously. In fact with our most elite Platinum Members, we sign a two-way Non-Disclosure Agreement as part of the Admission process.
Limitation of Liability
(a) exclude all terms, conditions and warranties implied by custom, the general law or statute or which cause any part of this agreement to be void (‘Non-excludable condition’);
(b) limit our liability to you for breach of any Non-excludable Condition to the total amount actually paid by you under this agreement;
(c) limit our liability to you for any claim (whether arising in contract, tort or statute) for loss or damage suffered by you in relation to the performance of the Seminar Services to the total amount actually paid you under this agreement; and
(d) excludes all liability for consequential damage (including but not limited to, lost revenue or lost profit) suffered by you in any way relating to the Seminar Services or your exercise of rights under this agreement.
Anthony Robbins said it best when he said “you get what you focus on”. Being vindictive, hateful and retaliatory will only come back to bite you. The Law Of Attraction will see to that. The Power Of The Universe is quite something, so is a good team of lawyers.
18. All notices or other communications must be made to the addresses specified on the Order Form.
Since we deal with thousands of people every year, we have designated departments to keep things organised. Please make sure you contact us using the appropriate e-mail or other official address on record.
19. A notice given in accordance with clause 18 is received:
(a) if left at the recipient’s address, on the date of delivery;
(b) if sent by prepaid post, 3 days after the date of posting; and
(c) if sent by fax, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice.
This is typical stuff we have to put in – our lawyers say it’s necessary. Once again it’s to make sure there are no gray areas. It all needs to be crystal clear.
20. The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
This simply means you’re the person making the decision and will be help accountable – you can’t say “my dog ate my order form”. That won’t fly.
21. Any provision in this deed which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity or enforceability of that provision in any other jurisdiction.
By signing the Order Form you have made a contract with us. It’s a legal document and holds us both accountable. Wherever you take it, it’s still valid.
22. This agreement may not be varied except in writing signed by the other party.
This is a legal document, an Agreement to keep us both accountable. We are accountable to you and you are accountable to us.
23. Should any provision of this agreement be held by a Court to be unlawful, invalid, unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected.
If some clever lawyer finds a loophole that gives one of us an ‘advantage’ that’s great, but the rest of the contract remains in tact and enforceable as it is. We’ve done our best to create the simplest and easiest Contract to protect us both.
24. This agreement constitutes the entire agreement between the parties. Any prior arrangements, agreement, representations or undertakings are superseded.
When you sign the Order Form it means that you accept your obligations and responsibilities including these Terms and Conditions.
25. This agreement is governed by the laws in force in the state of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of New South Wales.
26. To protect itself, Exponential Programs reserves the right to refuse any refund claim once product, services, Intellectual Property and/or strategies have been revealed or an event has been attended.
Enough said. Let’s get to work on getting your business or website going and growing exponentially – this contractual stuff is so boring. I’d rather spend time with you on getting prospects knocking on your door or visiting your website and converting them into paying customers who come back over and over again…