SheKan One Day Event Contract Terms & Conditions

1. Definitions and interpretation
1.1 Definitions
The following definitions apply to this Agreement:
Agreement means the agreement between the Client and SheKan for the Event under and in accordance with these Terms and Conditions.
Agreement Date means the date you execute this Agreement.
Customer, you, your means the party attending the Event as identified in the Details.
Details means the Agreement Details to which these Terms and Conditions are attached.
Event means the event held by SheKan on the Event Dates, as stipulated in the Details.
Event Dates mean the dates the Event is to be held as stipulated on the website.
Fee means the fees for the Event, as stipulated in the Details.
Terms and Conditions means these terms and conditions.
Services means the services provided by SheKan to the Customer, including the Event.
SheKan, us, we means SheKan Pty Ltd ACN 611 269 062.

2. Provision of the Services
2.1 All bookings for an event run by SheKan must be in writing by way of confirmation to this Agreement.
2.2 SheKan will provide you with written notification of a successful booking by email following payment being made by you to SheKan in accordance with these Terms and Conditions.
2.3 Acceptance of a booking by SheKan is deemed to be an acceptance by SheKan and you of these Terms and Conditions.

3. Tickets and invoices 
3.1 The Fee for the Event may be paid either in full at the time of booking or through agreed-upon monthly or weekly payment plans between you and SheKan;

a. If paying in full, the total Fee is required at the time of booking your ticket to the Event. 
b. If opting for a payment plan, the terms, including the number of installments and amounts, will be established in writing by SheKan and agreed upon by both SheKan and you. All payment plans must be completed, and the total Fee paid, no later than 30 days prior to the commencement of the Event, unless explicitly 

3.2 Accepted methods of payment include credit card, debit card, or bank transfer. Payment must be made in accordance with the payment details provided in the invoice issued by SheKan.
3.3 If full payment or any payment installment is not received by the due date, SheKan reserves the right to cancel the booking and retain any payments made to date as liquidated damages, not as a penalty.
3.4 All payments made in accordance with this clause are subject to the terms and conditions of cancellation as set out in clause 6 of this Agreement.
3.5 The Fees are subject to change, and SheKan will notify you in writing if there is any change in the Fees. In the event of unforeseen circumstances or significant changes in the scope of the Event, SheKan reserves the right to adjust the Fees accordingly. Any such adjustments will be communicated to you in writing, and you will have the option to accept the new terms or cancel your registration with a full refund within 7 days of receiving the notification.
3.6 All invoice and billing inquiries are to be made in writing to [email protected].

4. Payment Authority
You hereby authorise all payments due to SheKan by you and authorise your credit card company or bank to make payment to SheKan by the method(s) indicated in the Details and to deduct such payment from your account as nominated.

5. Cooling Off Period
5.1 This Agreement is subject to a 3-day cooling off period from the Agreement Date.
5.2 If you cancel your ticket to the Event within the cooling-off period, you will be issued a full refund of the Fee.

6. Cancellation
6.1 Cancellation by you

a. If you wish to cancel your registration for an Event, the following conditions apply:

i. Cancellations made more than 30 days before the commencement of the Event may either be transferred to a third party or exchanged for a credit towards another SheKan event. Any ticket transfer must be communicated to SheKan in writing by providing the name, email, and phone number of the new attendee.
ii. No credits will be permitted within 30 days of the Event's commencement date.

6.2 Cancellation by SheKan

a. SheKan reserves the right, at its sole discretion, to cancel or postpone the Event due to operationsla requirements or circumstances beyond its control. In such instances, SheKan will notify you as soon as reasonably possible regarding the cancellation or postponement.
b. In the event of a cancellation by SheKan, you will have the option to either:

i. Apply the full amount of your Fees as a credit towards a future SheKan event, which credit will be valid for a period of twelve (12) months from the date of the original event; or
ii. Request a full refund of the Fees paid to SheKan. Refund requests must be submitted in writing within thirty (30) days of the cancellation notice. Refunds will be processed within forty-five (45) days of receiving the request.

6.3 If the Event is postponed, SheKan will provide you with the rescheduled date, location, and any applicable adjustments to the Event details as soon as they are available. You will have the option to transfer your registration to the rescheduled event or request a refund of the Fees, as outlined in clause b above.
6.4 Cancellation due to World Event

a. In the event of a World Event that prevents domestic or international travel, the event will be postponed and rescheduled to another time and your ticket automatically transferred to the new date. No refunds will be given. Your ticket can be transferred to another person by submitting a request in writing to [email protected] with the name, email and phone number of the new attendee.

7. Participant Conduct

7.1 Professional Conduct: Participants are required to conduct themselves in a professional and courteous manner for the duration of the Event. This encompasses respectful interactions with other attendees, speakers, and staff, and includes abstaining from any disruptive behavior.
7.2 Prohibited Conduct: The following actions are strictly forbidden and may result in immediate removal from the Event without a refund: harassment, discrimination, violence, theft, property damage, and any unlawful activities.
7.3 Discretionary Removal: SheKan retains the unilateral right to expel any participant exhibiting prohibited conduct.
7.4 SheKan reserves the right to confiscate any prohibited items and deny entry to participants attempting to bring such items into the Event.
7.5 Alcohol and Substance Policy:

a. Alcohol consumption is only allowed in designated areas and should be done in moderation.
b. The use of illegal substances is strictly prohibited at the Event.
c.SheKan reserves the right to remove any participant who appears intoxicated or under the influence of illegal substances.
d. Participants are expected to consume alcohol responsibly and arrange for safe transportation if they choose to drink.

8. Accessibility Requirements
8.1 SheKan is dedicated to ensuring an inclusive environment for all participants.
8.2 Participants with disabilities who require special accommodations must notify SheKan at least 14 days in advance of the Event by emailing [email protected].
8.3 SheKan will endeavor to make reasonable accommodations, which may include:

a. Wheelchair-accessible venues and facilities;
b. Sign language interpreters;
c. Materials in alternative formats (e.g., large print, Braille);
d. Assistive listening devices.

8.4 While SheKan cannot guarantee all accommodations, it will collaborate with attendees to find suitable solutions.

9. Health and Safety 
9.1 You acknowledge and accept that your personal health and safety is your own responsibility during the Event. You agree to take all necessary precautions to ensure your own health and safety and to comply with any directions or guidelines issued by SheKan, or the venue concerning health and safety measures.
9.2 You understand that SheKan is not liable for any personal injury, illness, or health-related issue that may occur as a result of your attendance at the Event.
9.3 You also acknowledge that you are participating in the Event at your own risk and that SheKan is not responsible for providing medical care or assistance. You confirm that you are in good health and fit to participate in the Event and have not been advised otherwise by a healthcare professional.

10. Use of photography/video and audio during the Event
10.1 You acknowledge and agree that you may be photographed or videotaped during the Event.
10.2 You hereby consent to the use of such photographs and/or videos without compensation on the SheKan website, social media pages or in any editorial, promotional or advertising material produced and/or published by SheKan both online and/or in print.

11. Solicitation of Business and Privacy Agreement
11.1 You acknowledge and agree that:

a. all content of the Event including any publications or material is and remains the property of SheKan and it is an offence to redistribute it in anyway;
b. all content posted, uploaded and recorded in a SheKan Facebook support group remains the property of SheKan and the individual that initially created the content;
c. all personal information shared at the Event or in a SheKan Facebook support group, is shared in trust that will be respected by all participants; and
d. solicitation of business is prohibited at all SheKan events or in a SheKan Facebook support group.

11.2 You may request the full SheKan Privacy Policy by emailing [email protected].

12. Disclaimer
12.1 You acknowledge and agree that:

a. the Event is for your enjoyment; and
b. the content of the Event, including any publication, is intended only to provide a summary and general overview on business. It is not intended to be comprehensive nor does it constitute legal or accounting advice.

12.2 You should seek legal, accounting and other professional advice before acting or relying on any of the content provided by SheKan. SheKan is not liable for any loss suffered in connection with the use of any information obtained at the Event or any content or publications provided.
12.3 While SheKan endeavors to provide valuable and accurate information, the content delivered during the Events, including but not limited to presentations, workshops, and materials, is provided on an "as is" basis without warranties of any kind, either express or implied.
12.4 SheKan does not guarantee the completeness, reliability, or accuracy of the content provided during the Events and expressly disclaims all liability for errors or omissions in this content. The information presented at the Events is not intended to be a substitute for professional.
12.5 l advice. All participants are encouraged to seek advice from qualified professionals regarding personal business decisions.
12.6 By participating in the Events, you acknowledge and agree that you are doing so at your own risk and that you are responsible for making your own assessments of the information presented.
12.7 You are responsible for your personal belongings throughout the Event. SheKan shall not be held liable for the loss, theft, or damage of any personal property brought to, or acquired during, the Event.

13. Liability and exclusion
13.1 Limitations on liability

a. To the fullest extent permitted by law, the total liability of a party to the other party under or in connection with this Agreement in respect of all Claims will not exceed 3 x the Fees paid for the Event.  

13.2 Implied terms

a. Subject to clause b, any condition or warranty which would otherwise be implied in this Agreement is excluded.
b. Liability for breach of a guarantee conferred by the Australian Consumer Law is limited:

i. to re-supplying the Services; or
ii. making full payment for the cost of having the Services supplied again

13.3 Exclusion of consequential loss

a. Neither party is liable to the other for any kind of indirect or consequential loss or damage, including loss of profits or business opportunity, arising out of or in connection with this Agreement.

13.4 Nothing in the Agreement will limit a person’s liability for: (a) death or personal injury caused by that person’s negligence; (b) that person’s fraud; or (c) anything else that cannot be limited by law.
13.5 You (the "Client") agree to indemnify, defend, and hold harmless SheKan Pty Ltd, its directors, officers, employees, agents, and affiliates (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that the Indemnified Parties may incur as a result of or arising from (1) your participation in the Event; (2) your breach of any representation, warranty, or other provision of this Agreement; (3) your negligence or willful misconduct; or (4) any injury, death, or property damage caused by you during the Event. This indemnification obligation will survive the termination or expiration of this Agreement.

14. Insurance
14.1 Participants are strongly recommended to purchase comprehensive travel insurance to cover unforeseen medical emergencies, trip cancellations, or other travel-related issues that may occur before, during, or after the Event. Such insurance should ideally provide coverage for the entirety of the trip, including but not limited to, medical expenses, loss of luggage, trip delays, and return trips. It is the responsibility of the participant to evaluate the extent of coverage required based on personal needs and the nature of the trip. SheKan is not responsible for any losses or expenses incurred due to the cancellation or postponement of an international Event or event, except as provided for in this policy.
 

 

15. General
15.1 Notice: A notice, consent, approval, waiver or other communication provided in connection with this Agreement must be in writing (Notice). A Notice may be given by hand delivery, post or by email and is effective upon receipt.
15.2 Entire agreement: The Agreement represents the entire agreement between the parties and supersedes all prior discussions, negotiations, understandings and agreements in relation to the subject matter of this Agreement.
15.3 Waiver and variation: A provision of the Agreement, or right, power or remedy created under it, may not be varied or waived except in writing signed by the party or parties to be bound.
15.4 Rights, powers and remedies cumulative: The rights, powers and remedies given in the Agreement are in addition to other rights, powers and remedies given by law independently of the Agreement.
15.5 Severability: If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of the Agreement.
15.6 Governing law and jurisdiction: This Agreement is governed by the laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
15.7 Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under this Agreement due to causes which are beyond their control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of such a force majeure, the affected party shall notify the other party in writing immediately and shall use all reasonable endeavors to continue to perform its obligations under this Agreement.

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