Wedding Photography Summit
TERMS AND CONDITIONS
We are so glad that you are planning to attend our Wedding Photography Summit! Before you register for the Summit, there are just a few terms and conditions you will need to read.
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Acceptance
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We provide wedding photography summits, including: (i) live events which you can attend in person; and (ii) online recordings of these live events (Summits), the details of which (including the speakers) are all set out on our website, available at https://weddingphotographysummit.com (Site).
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We endeavour to ensure that the speakers listed for each Summit are the speakers who will present at that Summit, however, due to events outside our control, sometimes we have to make replacements. Please contact us at the address below if you have any concerns about this.
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These terms and conditions (Terms) are between Enerjai Electrical Pty Ltd ATF Long Trading Trust ABN 75 950 217 458 (we, our or us), and you, the individual registering for the Summit.
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By registering for a Summit, you warrant to us that you have reviewed these Terms, that you are at least 16 years old, and you agree to attend the Summit in accordance with these Terms. If you are under 18 years old, your parent or legal guardian must give you permission to access the Site and attend Summits, and they have agreed to these Terms on your behalf.
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Registering for Summits
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You will need to register for a Summit on our Site. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date. You can choose a username and password, and it is your responsibility to keep your account details confidential. You are liable for all activity on your account. At our sole discretion, we may refuse to allow any person to register for a Summit or create an account (including where an attendee has not paid the Fees in full).
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You must pay the fee for the Summit (Fee) upfront. The inclusions, timeframe and Fees for our Summits are set out on the Site.
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We do not provide refunds once you have paid the Fees for a Summit, including where you miss or partially miss the Summit. However, if at least 1 week prior to the start of the Summit, you can no longer attend, you may email us at the address below to request that your Summit booking be transferred to somebody else. We may decide at our absolute discretion whether or not to transfer a Summit booking. We do not provide a refund to you where we have transferred your Summit booking to another person. The person who receives the transferred booking will be required to register through the Site and accept these Terms.
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Payment
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All amounts are stated in United States dollars and are inclusive of United States taxes (where applicable).
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You must pay the Fees using one of the methods set out on the Site.
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Payment of any amounts using a third party payment processor, such as Stripe or PayPal may be subject to the third party payment processor’s terms and conditions.
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You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means.
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Intellectual property
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All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Summit) will at all times vest, or remain vested, in us or our licensors.
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No broadcasting or recording: You are prohibited from filming, recording, broadcasting, or otherwise sharing any aspect of the Summit, including online Summits (however, you may take photographs outside the Summit, and share the fact that you are attending the Summit). Only the person who has registered for a Summit may attend or watch the Summits; online Summits may not be used for group viewings.
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You must not, without our prior written consent:
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copy or use, in whole or in part, any of our intellectual property;
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sell, re-sell, distribute, reproduce, retransmit, disseminate, publish, broadcast or circulate any of our intellectual property to any third party; or
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breach any intellectual property rights connected with the Site, the Summit, any materials you receive at the Summit including (without limitation) altering or modifying any of our intellectual property or causing any of our intellectual property to be framed or embedded in another website.
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You agree that we may use Feedback in any manner which we see fit (including to develop new summits, courses and events) and no benefit will be due to you as a result of any use by us of any Feedback. Feedback means any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly, or indirectly, including in connection with a Summit.
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Limitations
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Despite anything to the contrary, to the maximum extent permitted by law:
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our maximum aggregate liability arising from or in connection with the Terms (including the Summits and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the amount paid by you to us for the Summit the subject of the relevant claim; and
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we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
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Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
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any injury or loss to any person;
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failure or delay in providing the Summit; or
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breach of the Terms or any law,
where caused or contributed to by any:
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event or circumstance beyond our reasonable control, including due to your technological issues or your cancellation or non-attendance at the Summit; or
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act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Summits or the Site.
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Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our services (including the Summit) come with guarantees which cannot be excluded under the Australian Consumer Law. For a major failure with our services, you are entitled (1) to cancel the Terms; and (2) to a refund for the unused portion, or to compensation for its reduced value. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
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Termination
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You may cancel your account and terminate these Terms at any time by sending us an email to the address at the end of these Terms. No refunds will be made upon cancellation.
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At our sole discretion, we may suspend your account or terminate these Terms immediately if you are in breach of these Terms (including for non-payment of the Fees), any applicable laws, regulations or third-party rights.
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We may also terminate these Terms without cause by giving you 7 days’ notice. If we do so, we will refund to you any Fees paid in advance by you in connection with the Summit.
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Collection Notice
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We collect personal information about you in order to enable you to access and use the Site, to register for Summits, to contact and communicate with you, to tell you about other events you may be interested in, and for other purposes set out in our Privacy Policy.
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We may disclose information to third party service providers who help us deliver our services (including our event attendance provider, Summit organisers, Summit sponsors, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners). If you do not provide this information, we will not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
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Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
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By providing personal information to us, you acknowledge that we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
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General
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Publicity: You agree that, while attending a Summit, we may take photographs and footage of, or otherwise record, attendees (whether at a live Summit or an online Summit). You agree that we may edit such footage into a photo gallery, short film, webinar, or similar, and that we may use your name and likeness, including on the Site and social media. You may email us at the address below if you do not want us to use your name and likeness for publicity reasons.
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Photographs: If you provide us with photographs that you have taken at or around a Summit, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
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No royalties: You agree that you will receive no royalties or payment for use of the footage or photographs referred to in clauses 8(a) or 8(b).
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Disclaimer: While we hope that the content, materials and information provided on our Site and at our Summits, will be useful and informative, we make no warranties as to their usefulness, accuracy or completeness, to the extent permitted by law. There will be a number of speakers, attendees and participants at our Summit. While we have made reasonable attempts to ensure the quality of the speakers at the Summit, we make no warranty as to their quality.
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Other attendees: You are solely responsible for your interaction with other attendees and agree to act responsibly and exercise caution, common sense and safety while interacting with other attendees at the Summit.
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Insurance: The Fees do not include insurance of any kind. It is strongly recommended that all attendees take out any necessary insurance, such as travel insurance, including where you are travelling to the Summit.
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Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control (including but not limited to epidemics, pandemics, and Government sanctioned restrictions and orders, whether known or unknown at the start time of entering into these Terms. If a Summit cannot proceed due to a Government sanctioned restriction, we will attempt to reschedule the Summit. However, if we cannot reschedule, or if you cannot attend the new date, we will offer you a refund of the Fees for that particular Summit.
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Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
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Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
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Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
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Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
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Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
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Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
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Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
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Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to registering for a Summit, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Summit that you have registered for, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you registered.
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Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
