Terms and conditions - Presciient

Terms and conditions

1. By Registering for an Event, you acknowledge and warrant that you have read and agree to the following Terms and Conditions.

2. Rights and Liabilities Upon Registration:

2.1. The Registered Party becomes entitled to attend the Event, and obtain access to any Material associated with that Event, only after Presciient confirms its registration; and

2.2. All Fees for each Event must be paid in full before the registration is confirmed by Presciient; and

2.3. Subject to clause 3.4.2 and clause 3.6 the payment of fees is non-refundable; and

2.4. A Registration for an Event is a registration for a particular Registered Party to attend a particular Event; subject to clause 3.4, that registration cannot be transferred to any third party without prior written notice to Presciient; transfer requests will not be considered by Presciient unless the original Registered Party provides prior written consent of Presciient for the transfer; Presciient reserves full discretion to deny a transfer request; and

2.5. By registering for an Event, the Registered Party consents to being contacted by Presciient in relation to Presciient’s future Events and promotions; the Registered Party can option out of receiving these notifications by opting out on the registration form or contacting Presciient and requesting that its details be removed from the Presciient promotional mailing list.

2.6. It is the responsibility of the Registered Party to notify Presciient of any particular dietary requirements when booking for an Event which includes catering.

3. Reserved Rights of Presciient:

3.1. All Events shall be hosted and coordinated by Presciient Personnel engaged by Presciient, at Presciient’s sole discretion and Presciient does not guarantee the presentation of any Event by any particular person.

3.2. Presciient can cancel, limit or modify an Event, including but not limited to: the programme, course outline, schemata, information covered or relied upon in the preparation of and used duration of the Event, scope of subject area being covered, and the Personnel involved in the Event to the extent that the scope of the subject area being covered will not deviate from the advertised subject area substantially in the opinion of Presciient which opinion will be at the sole discretion of Presciient.

3.3. Limitations and modifications under clause 3.2 can be made at any time without notice, and will be made (if at all) in consideration of the following:

3.3.1. the practicalities of circumstance, and
3.3.2. the availability of resources, and
3.3.3. the interests of the Registered Party.

3.4. In the event that an event is cancelled by Presciient, the Registered Party will be entitled to either:

3.4.1. transferring to an Event of equal value, or
3.4.2. a full refund for the cancelled Event.

3.5. Presciient has the right to prohibit entry, evict or eject a Registered Party from an Event as a result of:

3.5.1. inappropriate, unruly or disruptive behaviour, or
3.5.2. behaviour that is prejudicial to the legitimate business interests of Presciient, as determined by Presciient at its sole and full discretion.

3.6 Where the Registered Party cancels their registration in the period being less than 2 weeks before the scheduled date of the Event then the Registered Party will not be entitled to a refund of Fees except in the case of severe personal hardship and at the sole discretion of Presciient.

3.7 In the event that a Registered Party does not attend the entire duration of an Event under no circumstances is Presciient required to provide :

3.7.1 any form of refund for Fees paid for that Event; or
3.7.2 any certificate attesting to the attendance of the Registered Party at that Event.

3.8 In the event that a Registered Party requires or requests that Presciient provide additional documentation other than as provided in the usual course of its business then Presciient may charge the Registered Party an administration fee of $200 plus GST for each additional task required as classified in the sole discretion of Presciient.

4. Intellectual Property and Confidential Information:

4.1. All Material and Data is the copyright of Presciient, unless otherwise noted, and that Material and Data remains the intellectual property of Presciient at the conclusion of the Event.

4.2. All information provided to Presciient by the Registered Party will be treated as confidential information, will be used only for its intended purpose, and will not be disclosed to any third parties unless:

4.2.1. compelled by law or legal authority, or
4.2.2. where such disclosure is necessary for operational reasons strictly connected to the hosting of the Event for the benefit of the Registered Party.

4.3. All Data contained on the Presciient domain (prescient.com) is the intellectual property of Presciient and is not to be used in any way by anyone without the prior and express written permission from Presciient, unless otherwise noted.

4.4. Any and all Material which is made available to a Registered Party by Presciient is for the sole use of that Registered Party and is not to be copied, duplicated, distributed, circulated or stored in a publically accessible or unsecured database or filing system.

4.5. All recordings of an Event, whether audio, visual or audio-visual, are strictly prohibited, unless explicit permission is granted by Presciient for said recordings.

4.6. Any Material which Presciient permits the Registered Party to retain at the conclusion of an Event can be used for personal Use only.

5. Indemnity and Limitation of Liability:

5.1. The Registered Party fully indemnifies Presciient for any Loss occasioned as a result of unauthorised Use of the Material or for any breach of clause 4.

5.2. Other than what is expressly stated as a warranty or guarantee in the Material or Data, nothing in the Material or Data is to be construed as a warranty or guarantee of anything.

5.3. Presciient is engaged in services of an educational, training, analytical, investigative and exploratory nature only and does not provide any warranty or guarantee with respect to any output, conclusion or outcome of said education, training, analysis, investigation or exploration

5.4. A Registered Party’s Use of the Material and Data is undertaken at the Registered Party’s own risk and subject to its own care, due diligence, independent judgment, assessment and evaluation; the Registered Party accepts full responsibility for said Use and the application of any knowledge, techniques or resources gained or obtained as a result of attending an Event.

5.5. Presciient is not liable for any expenses incurred by a Registered Party as a result of registration, attendance (or non-attendance) at, or cancellation of an Event.

5.6. Registered Parties will enter the venue where the Event is scheduled to take place at their own risk and Presciient is not and will not be liable for any Loss occasioned to or by a Registered Party in due course of the Event.

6. In the event that a proposal is made by Presciient:

6.1. That proposal will be open for acceptance for a period of 30 days only; and

6.2. After the expiry of the 30-day period, Presciient may extend the period of the proposal and amend the terms of the proposal; and

6.3. The length of the extended period as well as any changes to the terms of the proposal will be determined by Presciient at its sole discretion.

7. Promotions and Offers, where made by Presciient, will be made on an ad hoc basis and entirely at the discretion of Presciient, and Presciient reserves the right to amend, alter, change, modify or withdraw any and all terms of a promotion or offer, in part or in their entirety, or the promotion or offer itself in its entirety, at Presciient’s sole discretion at any time and for any reason.

8. Amendment and Variation: these Terms and Conditions may be varied at any time and those variations will come into force at the time of their authorised publication by Presciient.

9. Survival: Clauses 1 through to 6 of these Terms and Conditions (as in force at the date of confirmed registration) shall survive the termination of the agreement under which the Registered Party attends an Event.

10. Definitions:

Data means any and all electronic information, at any and all times, which is located at the domain prescient.com including but not limited to images, graphics, text, video files, audio files, code, formulae, equations, uploaded or hosted documents (such as course outlines and descriptions, forms, disclaimers and the like) databases and archives and any other materials which is located on the server designated or identified by the domain prescient.com.

Event means courses, seminars, functions and other organised training or educational initiatives which are hosted or organised by Presciient, whether for consideration or not.

Fees means the consideration to be paid by the Registered Party to Presciient for the Event for which a fee is charged, and that fee will be calculated on a case by case basis according to the nature, specifications and requirements of each Event.

Loss means claims, liabilities, economic or other financial damage to business, injury to goodwill, costs, expenses and damages (including consequential loss and legal costs and disbursements on a solicitor and own client basis) sustained or incurred, whether directly or indirectly or consequentially or in any other way.

Material means any course or seminar outlines, books, notes, slides, examples, summaries, synopses or any other texts or graphics used or relied upon for the purpose of the Event, as well as any systems, programmes, formulae, methodologies, theories, techniques or concepts articulated, outlined, described, discussed, summarised, analysed, investigated, explored or otherwise presented to a Registered Party at an Event.

Personnel means any employees, contractors, agents, representatives and volunteers. Presciient means Alces Ronin Presciient Pty Ltd (ABN 49 163 546 281) and a reference to Presciient is a reference to any of its Personnel. As at 1 July 2017 Presciient is NOT a registered training organisation as accredited by the Commonwealth government of Australia. Registered Party means the party (person or company) which or who successfully registers for an Event.

Use means any reliance upon, or reference to the Material or Data, as well as the application or utilisation of any information contained in the Material.