Terms and Conditions.

To the fullest extent legally permissible all dealings between each participant (including all related and/or associated companies and/or other entities, all successors and/or assigns and in the participant’s own capacity and as trustee of each and every trust of which the participant is trustee) `{`jointly “the Participant”`}` and Adaptive Scaffolds Solutions Pty Ltd ACN 648 144 594 (and/or any successors and/or assigns) whether trading as “Adaptive Scaffolds Solutions”, “First 100” and/or otherwise `{`“Adaptive”`}` relating to any and all services `{`the “services”`}` are subject to the following terms and conditions `{`“these Terms”`}` unless otherwise expressly agreed in writing:

1. Payment and Price: Payment shall be made in the manner proscribed on Adaptive’s website prior to commencement of the program. In the event that payment is not received by the commencement of the program any fees shall be payable on demand and Adaptive reserves the right to deny participation in the program. Where a Participant is enrolled by a sponsoring organisation, any fees shall be payable by that organisation.  Prices quoted exclude GST.  Payments by credit card will attract a 1.5% surcharge which will be processed at the time of payment.

2. Cancellations and Refunds: No refunds shall be made in the event of a cancellation after payment and/or in respect of any unused part or portion of the program. Adaptive may in special circumstances in its absolute discretion grant a partial or full refund for any unused part or portion of the program.

3. Supply and Delivery: The Participant agrees that: a) Adaptive may elect to deliver the program at times and in a manner and format suitable to Adaptive; b) that no delay or failure to fulfil any part of the program shall entitle the Participant to a refund or to reduce any payment; c) the Participant shall have access to material from the program and networking elements of the program via the members lounge in a manner and for a period after completion of the program as deemed suitable by Adaptive; and d) any log in details are not to be shared with third parties.

4. Consumer Guarantees & ACL: The Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) [“ACL”] provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights the Participant may have under the ACL shall apply notwithstanding any inconsistent provisions in these Terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.

5. Limitation of Liability: To the extent permitted by the ACL: a) the Participant agrees to limit any claim to the re-supply of services (or cost thereof); b) Adaptive shall not be liable for any Consequential Loss and/or any special and/or punitive damages through any fault and/or negligence of Adaptive; and c) for the purposes of clause 5b) “Consequential Loss” includes but is not limited to: loss of profits, loss of revenue, loss of opportunity, loss of goodwill and/or loss of contract.

6. Exclusions: To the extent permitted by the ACL: a) the Participant shall rely on his/her or its own knowledge and expertise in all matters and any materials, advice and/or assistance given by Adaptive shall be at the Participant’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by the Participant or anyone claiming through the Participant; b) all presentations, materials, opinions, etc provided as part of the program are for training purposes only and not intended to be given as or relied upon as professional advice; c) Adaptive accepts no responsibility for career path, choices or actions of the Participant; d) Adaptive accepts no liability for and postponement or cancellation of the program; e) Adaptive is not providing any legal, taxation, financial or planning advice; and f) no dealing between Adaptive and the Participant shall be or be deemed to be a sale by sample;

7. Intellectual Property and Copyright: The Participant agrees that all intellectual property and copyright in all content and materials provided by Adaptive remains the exclusive property of Adaptive. The Participant shall not publish, reproduce or provide to any third party any content and materials obtained from the program without the prior written consent of Adaptive.

8. Indemnity: The Participant fully indemnifies Adaptive against any claim and/or loss arising from or related in any way to any breach of clauses 1 and 7 of these Terms by the Participant.

9. Privacy Act: This Agreement may be produced as conclusive evidence of the Participant’s consent to Adaptive at any time collecting, holding, using and/or disclosing personal, credit and/or credit eligibility information in accordance with the Privacy Act 1988 (Cth).

10. Other Terms and Conditions: No terms and conditions sought to be imposed by the Participant upon Adaptive shall apply.

11. Jurisdiction: The Participant agrees that these Terms and any claim or dispute between Adaptive and the Participant shall be governed by the law applicable in the State nominated by Adaptive and the Participant agrees to submit to the jurisdiction of the appropriate Court nominated by Adaptive in the capital city of that State. If no State is nominated then Victoria shall be deemed to be the nominated State.

12. Waiver: An election by Adaptive not to exercise any rights on any breach of these Terms shall not constitute a waiver of any rights relating to any other breach.

13. Variations: The Participant: a) acknowledges that Adaptive may vary or replace these Terms affecting all future dealings between the Participant and Adaptive; b) shall be deemed to have notice of any variation to or replacement of these Terms immediately upon Adaptive notifying the Participant at the Participant’s last known address; and c) shall be deemed to have accepted these Terms as varied or replaced immediately upon placing any further order with Adaptive.

14. Force Majeure: Adaptive shall not be in default or in breach of any contract with the Participant or have any liability to the Participant if it is unable to offer or complete the program as a result of any Force Majeure (given its common meaning) and/or any event or circumstance beyond the control of Adaptive.

15. Severability: Any part of these Terms shall be capable of severance without affecting any other part of these Terms.

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