CLASS TERMS & CONDITIONS
Last Updated: October 1, 2017
1. By completing in full and submitting to ThinkTek (the “Company”) the Online Enrolment Form (the “Form”), the person or firm or corporation (the “Buyer”) whose name is identified as the Buyer on the applicable part of the Form is entering into a contract (the “Agreement”) with the Company, and if the person who communicates with the Company is a representative of the Buyer, that person represents and warrants to the Company that he/she has full authority to enter into the Agreement on behalf of the Buyer and has the power to bind the Company to the terms of the Agreement.
2. Under the Agreement, the Buyer is responsible and liable for the performance of all obligations required by him/her/it to be performed under the Agreement including, without limitation, the payment of any monies (including applicable taxes) to be paid under or pursuant to the Agreement when such monies are due and payable.
3. Buyer must (and the Buyer hereby agrees to) provide the Company with such information as the Company informs the Buyer the Company requires in relation to the event or workshop (the “Workshop”) which is the subject matter of the Form and of this Agreement, and must do so on or before the time or the times and in the manner which the Company specifies to the Buyer in that regard. The Buyer hereby acknowledges that any failure by the Buyer to provide that information to the Company as required by the Company (including if applicable on or before any deadline the Company specifies in that regard) may mean that, in the Company’s discretion, the Workshop will not necessarily be designed in a manner which otherwise would make it of more utility to the Buyer’s particular needs and situation. In the event of such default by the Buyer to furnish the information required, on or before the deadline specified by the Company for its receiving that information, the Buyer waives any claim it/he/she might wish to make against the Company respecting the quality of the Workshop as actually conducted and its utility to the Buyer’s particular needs.
4. By entering into the Agreement, the Buyer agrees that any person or persons who attend the Workshop pursuant to the Agreement (each, a “Buyer Attendee”) will comport themselves in a manner consonant with attending a professional, business presentation and will comply with all directions given by the Company in that regard as well as with any rules and regulations stipulated by the owner/operator of the venue where the Workshop takes place.
5. Note that, unless expressly agreed with the Company in writing, the cost of the Workshop does not include accommodation, travel costs, insurance, transportation costs, parking, dining which is not expressly included in the Workshop cost, mini-bar, alcoholic beverages or other refreshments, gratuities “not included”, communication charges and/or any other items or activities in which a Buyer Attendee chooses to participate. The Buyer agrees that those charges and expenses are the sole responsibility of the applicable Buyer Attendee.
6. Unless otherwise agreed to by the Company, in addition to payments of Workshop fees (the “Fees”) using the credit cards shown on the Form, the Company will accept payment of Fees made by certified cheque, or wire transfer from an accredited financial institution. Please note that the Company will issue a receipt to Buyer upon its receipt of payment in full of the Fees. Please further note that when the Buyer pays the Fees, using a credit card which is denominated in a currency different than the Fees which are being paid, depending upon the terms applicable to the credit card, the Buyer’s credit card issuer may charge the Buyer the exchange rate plus any foreign conversion mark-up as stipulated in the credit card agreement which applies to that credit card. The foreign conversion exchange process can vary from one credit card issuer to another and also may depend on which foreign currency is being exchanged. Some transactions in foreign currencies may be converted directly into U.S. dollars. A conversion mark-up may be applied after the purchase is converted to U.S. dollars and, if so, the converted amount, together with the applicable foreign exchange rate, should appear on the Buyer’s monthly statement.
7. No Buyer Attendee has the right to attend a Workshop until the applicable Fees have been paid by the Buyer in full to the Company, in accordance with the terms of payment applicable thereto as specified by the Company in its sole discretion.
8. If, irrespective of the reason for any short payment, the Buyer makes less than payment in full to the Company of the Fees, the Buyer agrees that, in its sole discretion, the Company has the right to retain the amount of such partial payment for its own account and shall not owe any refund to the Buyer.
9. Company Cancellation and Fee “Refund” Policy: The Company reserves the right, in its sole discretion, to cancel, reschedule, postpone or otherwise amend or alter the Workshop and/or any related event and/or Additional Options (including, without limitation, a Workshop Dinner or Personal Online Consultation or any other Additional Options listed in Item 13 below), including but not limited to, a change of venue, change of date and/or change in number of participants, at any time before the commencement date of the Workshop and/or any related event or Additional Options. The Company will use reasonable efforts to provide the Buyer with notice of such change or cancellation. If the Company, in its sole discretion, cancels, reschedules, or postpones the Workshop and/or any related event and/or Additional Options, the Company will provide to any Buyer who so requests a credit voucher for the amount of Fees which said Buyer has paid to the Company in respect of that Workshop and/or event and/or Additional Options, as the case may be, which credit voucher may be applied by the Buyer to the cost of any future Workshop and/or any related event and/or Additional Options presented by the Company which the Buyer wishes to attend (subject always in the case of a Workshop to availability of space in such substituted Workshop). The foregoing is the Company’s sole obligation to the Buyer in respect of any cancelled, rescheduled or postponed Workshop and/or any related event and/or Additional Options and in no event will the Company be obliged to refund to the Buyer the whole or any part of the Fees already paid by the Buyer.
If, irrespective of the reason, any Buyer Attendee fails to attend the Workshop and/or any related event and/or Additional Options, subject to the Company agreeing with the Buyer in advance to some alternative arrangement (including without limitation and in the Company’s sole discretion, the granting to the Buyer of a credit voucher), which agreement and arrangement shall be in the sole discretion of the Company, the applicable Fees paid by the Buyer will be forfeited by the Buyer, the Buyer shall have no right to any refund of those Fees, and the Company will retain the full amount of the Fees it has received in respect of that Buyer Attendee’s participation in the Workshop and/or participation in any related event and/or Additional Options. If, irrespective of the reason, the Buyer wishes to substitute another person for a Buyer Attendee, the Company has the discretion to agree to that substitution or to refuse to accept the substitution, in which case the applicable Fees paid by the Buyer will be forfeited by the Buyer, the Buyer shall have no right to any refund of those Fees, and the Company will retain the full amount of the Fees it has received in respect of that original Buyer Attendee’s participation in the Workshop and/or participation in any related event and/or Additional Options.
If, irrespective of the reason, the Buyer wishes to cancel this Agreement before the Workshop has taken place, a) if the Buyer gives the Company notice of such cancellation no later than two (2) clear weeks before the date scheduled for the presentation of the Workshop, unless the Company and the Buyer agree to some alternative arrangement, the Company shall provide the Buyer with a credit voucher in the amount of the applicable Fees paid by the Buyer which the Buyer may apply against any future purchase(s) the Buyer may make from the Company (subject always in the case of a Workshop to availability of space in such substituted Workshop); and b) if the Buyer gives the Company notice of such cancellation less than two (2) clear weeks before the date scheduled for the presentation of the Workshop, then the following requirements shall apply to the Buyer: provided the Buyer first pays the Company an amount equal to ten percent (10%) of the applicable Fees paid by the Buyer for the Workshop (together with, if applicable, the amount(s) paid for participation in any related event and/or Additional Options), to compensate the Company for the costs the Company has incurred in respect of the Buyer’s enrollment in the Workshop and/or, if applicable, participation in any related event and/or Additional Options, then the Company shall provide the Buyer with a credit voucher in the amount of the applicable Fees paid by the Buyer [but excluding the ten percent (10%) payment just referred to], which the Buyer may apply against any future purchase the Buyer may make from the Company (subject always in the case of a Workshop to availability of space in such substituted Workshop). The Buyer and the Company hereby agree that the ten percent (10%) payment just referred to shall be made by the Buyer to the Company in the currency in which the Fees for the applicable Workshop (attendance at which the Buyer is cancelling) are denominated. The Buyer and the Company hereby agree that any credit voucher which the Company provides to the Buyer pursuant to the provisions of this paragraph of these Terms and Conditions may not be transferred by the Buyer to anyone else without first obtaining the Company’s written consent, which consent the Company may grant or withhold in the Company’s sole discretion, and that the said credit voucher is not refundable for cash. For greater certainty, the foregoing provisions respecting a Buyer cancelling his/her attendance at a Workshop and/or participation in any related event and/or Additional Options are exhaustive. In no event shall a Buyer who gives the Company notice of cancellation of his/her attendance at a Workshop and/or participation in any related event and/or Additional Options have any right whatsoever to any refund of any Fees or other amounts he/she has paid to the Company. Furthermore, if the Buyer refuses to make any applicable payment to the Company, or refuses to accept the Company’s credit voucher in the applicable amount, as stipulated above in this paragraph of these Terms and Conditions, the Company will retain the full amount of the Fees it has received from the Buyer in respect of that original Buyer Attendee’s participation in the Workshop and/or participation in any related event and/or Additional Options, without further obligation on the part of the Company to the applicable Buyer.
10. The Buyer understands and agrees that any Workshop materials (the “Workshop Materials”), including but not limited to any presentation slides, which are supplied to the Buyer in connection with a Workshop, are supplied for the Buyers personal use only and may not be copied, reproduced, republished, uploaded, posted, broadcasted, publicly displayed, encoded, translated, transmitted, transferred or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium or person, firm or corporation for copying or reproduction or publication or distribution or for any commercial purpose whatsoever without the prior written consent of the Company, which consent the Company may grant or refuse in its sole discretion. If the Buyer has any questions concerning the use of the Workshop Material, the Buyer agrees to submit the Buyer’s detailed request in writing to the Company by email addressed to firstname.lastname@example.org.
11. By entering into the Agreement, the Buyer acknowledges, on his/her/its behalf and on behalf of any person or persons who attend the Workshop pursuant to the Agreement, that the Workshop and any and all proceedings related to the Workshop, in the sole discretion of the Company, may be recorded by the Company (resulting in the “Recording”), in whole or in part or parts, and in any manner chosen by the Company, for the Company’s sole use and benefit. The Company represents to the Buyer that, prior to finalizing the Recording, the Company will edit out, or will cause to be edited out, of the Recording any substantive content of the recorded Workshop in which the Buyer is speaking or is expressly identified by name, by organization or by employer. The Company further represents to the Buyer that, while the Buyer may be shown in the recording as attending the Workshop, the Buyer will not be expressly named in the Recording. Buyer hereby agrees and consents to being shown in the recording in that manner and to the use in the Recording of his/her image, without any compensation, and without any further notice, consent or approval to or of the Recording.
12. The Company recommends that all Buyer Attendees purchase or be covered by travel insurance sufficient to cover airfare, hotel, and/or other travel costs incurred by them should the Company decide in its discretion to change or cancel the Workshop and health and hospital insurance. The Buyer is wholly responsible for the cost of any such insurance.
13. "Additional Options” Which May Be Available for Purchase in the case of Particular Workshop: The Form applicable to a Workshop may provide the Buyer, in connection with his/her purchase of the right to attend the Workshop, with the opportunity to purchase additional benefits. The following provisions apply to the Agreement with a Buyer who has purchased an additional benefit or benefits set out below:
a) Workshop ‘Networking Dinner’ (a “Workshop Dinner”): The Form applicable to a Workshop may provide the Buyer with the opportunity, in connection with his/her purchase of the right to attend the Workshop, also to purchase a Workshop Dinner. If the Buyer exercises this right and purchases a Workshop Dinner, the Buyer is entitled to one (1) dinner on a night and at a time and place as determined by the Company in its sole discretion. The Workshop Dinner will comprise a full 3-course meal (appetizer, entrée and dessert), and one (1) alcoholic beverage, all as determined by the Company in its sole discretion. The Company will determine and will pay for any gratuities related to the Workshop Dinner. Unless expressly included in the description of the Workshop Dinner above, any charge or cost incurred by the Buyer in connection with the Workshop Dinner is the sole responsibility of the Buyer. If a Buyer has purchased this option but, irrespective of the reason, cannot or does not attend the Workshop Dinner, the Company will not be obliged to refund the whole or any part of the fee paid by the Buyer for or related to the Workshop Dinner - see Item 9. (“Company Cancellation and Fee ‘Refund’ Policy”) which sets out the Company’s Policy respecting any fee the Buyer has paid in the event of the cancellation, rescheduling or postponement by the Company of a Workshop Dinner.
14. The Buyer agrees that if he/she/it requires specific advice and/or guidance in relation to any business operation, investment strategy, transaction or any other matter, he/she/it should consult an appropriate professional to obtain such advice and hereby acknowledges that the Workshop is not intended to provide such advice and/or guidance.
15. By entering into the Agreement, the Buyer, on his/her/its behalf and on behalf of any person or persons who attend the Workshop pursuant to the Agreement, whether or not that person or those persons personally has/have entered into the Agreement and/or has/have personally purchased the right to attend the Workshop (collectively, the “Releasors”), hereby acknowledge, release and agree to hold harmless, the Company, the Company’s parent, related and affiliated companies, and each of their respective officers, directors, shareholders, employees and agents (collectively, the “Releasees”) from and against any and all liability whatsoever for any injuries, losses or damages of any kind, including death or property damage or personal injury and any claims based on personality, privacy rights or defamation (including, without limitation, any and all liability for any damage or damages whether direct, indirect, incidental, consequential or punitive) occurring at or in any way in connection with the Workshop or in connection with attending or travelling to attend the Workshop. In addition, the Releasors hereby acknowledge and agree that the Workshop is not meant to provide any specific advice of any kind on any particular matter and agree that the Releasees shall have no liability whatsoever for, and shall be held harmless by the Releasors against, any injuries, losses or damages of any kind, whether direct, indirect, incidental, consequential or punitive, resulting from following the whole or any part of any advice or information published or broadcast or provided at the Workshop
16. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the rights and obligations as between the parties to this Agreement shall be governed by the laws of the state of Texas and the federal laws of The United States of America, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties to this Agreement hereby attorn to the jurisdiction of the courts of that State, sitting in the City of Austin, Texas, in respect of the determination of any matter or dispute arising under or in respect of this Agreement and agree that any such determination shall be brought solely and exclusively before such courts in the State of Texas.
17. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter of this Agreement and each party acknowledges that, in entering into this Agreement, it has not relied upon, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
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