BOOK A CALL

TERMS & CONDITIONS

1. DEFINITIONS

Agreement means these Terms and Conditions, together with an Order Form and invoice (if applicable).

Business Day means any day except a Saturday, Sunday or public holiday in Western Australia.

Client means the person purchasing the Course from Red Mane, as named on the Order Form.

Confidential Information means:

        1. all information that is to be treated by a disclosing party as confidential and which it disclosed to the recipient or of which the recipient first becomes aware (whether before or after the date of this Agreement); and
        2. in relation to Red Mane, all information in connection with its affairs, including transactions, operations, financial and business affairs that is disclosed (directly or indirectly) to the Client, and includes without limitation intellectual property, trade secrets, know how, techniques, processes, formulae, designs, plans, models and concepts not reduced to material form, tools, prototypes, specifications, technical drawings or plans, the product of any research, data, software, data bases, source codes, technology, artwork, systems, methodologies and manuals,  that are not public knowledge (otherwise than as a result of a breach of a confidentiality obligation of a party).

Course means the course specified in the Order Form.

Course Price means the course price specified in the Order Form.

Course Materials means any information and documentation provided by Red Mane to the Client in relation to the Course.

Force Majeure means any act, event or cause, which is beyond the reasonable control of a party, including:

        1. act of God, peril of the sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, terrorism, national emergency (whether in fact or law), martial law, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, epidemic, quarantine, radiation or radioactive contamination;
        2. full or partial lockdowns, mandatory business closures, quarantines, border closures and travel restrictions, resulting from an epidemic, pandemic or public health emergency; and
        3. action or inaction of any government or other competent authority (including any court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legally enforceable order.

Order Form means the order form completed by the Client in respect of the Course on the Purchase Date.

Course Platform means the online platform used by Red Mane from time to time to deliver the Course, including the Course Materials.

Purchase Date means the date of purchase of the Course by the Client.

Red Mane means Red Mane Pty Ltd ACN 668 333 097 of Unit 12, 25 Rawlinson Street, O’Connor, WA 6163.

Weekly Instalment means the weekly instalment amount specified in the Order Form.


2. PURCHASE OF COURSE
      1. The Client agrees to purchase the Course from Red Mane subject to the terms and conditions of this Agreement.
      2. The Client undertakes and agrees to pay the Course Price to Red Mane on the Purchase Date, unless otherwise agreed in writing.
      3. If the Client requests to pay the Course Price by instalments, subject to acceptance by Red Mane, the following terms will apply:
        1. The Course Price will be payable in equal weekly instalments in advance from the Purchase Date and thereafter on the same day of every subsequent week until the Course Price is paid in full.
        2. The Client agrees and undertakes to pay the Course Price to Red Mane by the due date.
        3. If the Client fails to pay any Weekly Instalment by the due date, then the full Course Price will immediately become due and must be paid to Red Mane without need for further demand.
      4. The Client acknowledges that if any payment is not made by due date, the Client’s access to the Course Platform may be suspended or cancelled by Red Mane without notice and no refund or credit will be given.
      5. The Client must pay all monies due to Red Mane under this Agreement into such bank account as Red Mane specifies in writing.

3. CONFIDENTIAL AND INTELLECTUAL PROPERTY 
        1. Each party must keep any Confidential Information of the other party strictly confidential and only use such information for the proper performance of that party’s obligations under this Agreement. A party may, however, disclose Confidential Information to their professional advisors, to the extent required by an applicable law or court order, to their insurers, to their employees and contractors on a “need to know” basis, to their related company (and their employees and contractors on a “need to know” basis), and for the purpose of enforcing or attempting to enforce the terms of this Agreement.
        2. The Client does not receive any right, title or interest in the intellectual property rights of Red Mane under this Agreement.

4. WARRANTIES AND LIABILITIES
      1. Unless prohibited by law or expressly provided in this Agreement, the Course Materials are provided by Red Mane to the Client without any express or implied warranty.
      2. To the fullest extent permitted by law:
        1. all implied terms are excluded;
        2. neither party is liable to the other party for any consequential, special or indirect loss or damage;
        3. each party must use their reasonable endeavours to mitigate any loss or damage they suffer;
        4. a party is not liable for any loss or damage the other party may suffer to the extent it is caused or contributed to by the other party; and
        5. subject to the foregoing and any other limitations and exceptions in this Agreement, Red Mane’s maximum liability in respect of any claims by the Client against Red Mane is limited to the Course Price.
      3. The Client must not bring any claim against any director or shareholder, employees or agents of Red Mane.

5. CLIENT ACKNOWLEDGEMENTS
      1. To the fullest extent permitted by law, the Client acknowledges and agrees that:
        1. Red Mane gives no warranties relating to the fitness for purpose or suitability of the Course or Course Materials;
        2. certain Course Materials may be relevant to specific circumstances and its applicability may vary depending on the relevant State or Territory; and
        3. the Client will make and rely solely on its own assessments of the fitness for purpose and suitability of the Course and Course Materials.
      2. The Client acknowledges and agrees that Red Mane will not accept liability for any risk or loss, including risk or loss arising out of the use of the Course Materials or arising out of any failure or delay or omission outside of Red Mane’s control.
      3. The Client acknowledges that Red Mane does not provide real estate services, nor financial, accounting, taxation or legal advice, and the Client acknowledges and agrees that Red Mane has not sought to do so in connection with the Course or this Agreement.

6. TERMINATION AND DEFAULT
      1. If a party commits an act of default, the non-defaulting party may serve a default notice on the defaulting party.
      2. A default notice must specify detailed particulars of the alleged act of default and require that the default be remedied within a reasonable time having regard to the nature of the act of default. 
      3. If the defaulting party is the Client and the Client fails to pay any money at the time required by this Agreement and the Client fails to pay that money within a further period of seven (7) days from the default notice, Red Mane may terminate this Agreement in writing, effective immediately.
      4. If the defaulting party is Red Mane and Red Mane does not remedy an act of default (capable of remedy) within twenty (20) Business Days from the default notice, the Client may terminate this Agreement in writing, effective immediately.
      5. In the event of termination, the Client must:
        1. cease to use and remove all Confidential Information belonging to Red Mane;
        2. at the option of Red Mane, return or certify destruction any materials that embody and/or include the Confidential Information belonging to Red Mane in the Client’s possession or control; and
        3. pay any outstanding moneys owed to Red Mane under this Agreement.
7. NOTICES
      1. Any notice, request, consent, approval, demand or other communication relating to this Agreement must be in writing in English and may be given by an agent of the sender (including its lawyers).
      2. In addition to any other lawful means, a communication may be given by being:
        1. personally delivered;
        2. left at the party’s current delivery address for notices;
        3. sent to the party’s current postal address for notices by pre-paid ordinary mail or, if the address is outside Australia, by pre-paid airmail;
        4. emailed to the email address last notified by the addressee; or
      3. The particulars for delivery of notices are initially:
        1. Red Mane: Unit 12, 25 Rawlinson Street, O’Connor, WA 6163

          Email: graham@redmane.com.au

        1. Client: As reflected in the Order Form.

          Each party may change its particulars for delivery of notices by notice to each other party.

      1. Subject to clause 7.6, a communication is given if posted:
        1. within Australia to an Australian postal address, three (3) Business Days after posting; or
        2. outside of Australia to an Australian postal address or within Australia to an address outside of Australia, ten (10) Business Days after posting.
      2. Subject to clause 7.6, a communication is given if sent by email immediately after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email and the attached communication were not delivered to the addressee’s domain specified in the email address.
      3. If a communication is given:
        1. after 5.00 pm in the place of receipt; or
        2. on a day which is a Saturday, Sunday or bank or public holiday in the place of receipt,

          it is taken as having been given at 9.00 am on the next day which is not a Saturday, Sunday or bank or public holiday in that place.

8. GENERAL
      1. Red Mane is not liable for any act, omission or failure under this Agreement if that act, omission or failure arises directly from an event of Force Majeure.
      2. Each party will pay their own costs in relation to the drafting, reviewing, execution and/or completion of this Agreement.
      3. This Agreement is governed by and construed in accordance with the laws of Western Australia, Australia. Any legal action with respect to this Agreement against a party or its property may be brought in the courts of Western Australia, Australia and each party accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the courts of Western Australia, Australia.
      4. Any amendments, variation or modification to or of, or consent to departure by any party from the terms of this Agreement shall have no force or effect unless effected by a document executed by the parties.
      5. The Client shall not transfer or assign its rights or obligations under this Agreement without the prior consent in writing of Red Mane. Red Mane may transfer or assign its rights and obligations under this Agreement without the Client’s consent.
      6. This Agreement expresses and incorporates the entire agreement between the parties in relation to its subject matter, and supersedes and excludes any prior negotiation, understanding, communication or agreement between the parties in respect of same.
      7. Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
      8. Each person signing this Agreement as an authorised representative, agent or trustee of a party warrants to the other party that, as at the date of signing, the signatory has full authority to execute this Agreement on behalf of that party.
      9. The parties acknowledge and agree that a party may sign this Agreement electronically and bind itself to this Agreement by executing in that manner. The parties agree that the method is reliable as appropriate for the purpose of signing this Agreement and that electronic signing of this Agreement by or on behalf of a party indicates that party’s intention to be bound.

9. LEGAL, FINANCIAL AND ACCOUNTING ADVICE

The Client warrants to Red Mane that prior to signing this Agreement, it has obtained or had a reasonable opportunity to obtain independent legal, financial, accounting and taxation advice about the terms of this Agreement, has read and understood each provision of this Agreement and after obtaining or having had a reasonable opportunity to obtain independent legal, financial, accounting and taxation advice, the Client voluntarily signed this Agreement.

BOOK A CALL