1 About the Workshop
1.1 Thank you for visiting our page. These workshops provide attendees with an opportunity to connect, learn and discuss issues and ideas which relate to the assembly and programming of robotic projects (the Products). The workshop may be classified into two types:
(a) children training course; and
(b) semi-private training course.
(collectively referred to as the Workshop)
1.2 The Workshops are owned, operated and offered by Power Wings Technology Pty Ltd (ACN 609 501 028) trading as Circuitsfun (the Company). Access to the Workshop and any of the associated Products, and use of the Products and Workshops, is provided by the Company.
1.3 Please read these terms and conditions (the Terms) carefully. By clicking “I agree to the Terms and Conditions” and/or by registering for the Workshop, you agree that you have read, understood and agree to be bound by the Terms. If you are registering for a child, you must be the child’s parent or guardian and agree that the child agrees to the Terms. If you do not agree with the Terms, you must not register for the Workshop.
1.4 The Company reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Company updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Terms for your records.
2 Offer and Acceptance of the Workshops
2.1 You may register for the Workshop by making a booking for the available Workshop through the Eventbrite website and paying the required fees for this registration, and any additional fees mentioned while making the booking. By booking for the Workshops, you are offering to attend a Workshop on and subject to these Terms.
2.2 The registration for the Workshop can only be made by adults above the age or 18 years.
2.3 After booking for the Workshop, you will receive an acknowledgement confirming your order. This acknowledgement will only be an acknowledgement of receipt of the order and will not constitute acceptance of your order. The Company reserves its absolute discretion to reject your offer to register for the Workshop without having to provide you with any reason for doing same. A contract between you and the Company will not be formed until the Company accepts your order and your payment has been processed.
2.4 Once the payment has been processed, you will receive an electronic invoice.
2.5 You acknowledge and agree that the Company may, at its sole discretion, decide to change the venue where the Workshop is to be provided, and that under no circumstances can the Company guarantee the attendance of any third-party contributors (e.g., expert speakers).
3 Registering for the Workshop
3.1 Prior to registering for the Workshop, you may be required to provide your or your attending child’s personal information such as your name, occupation, address, email address and phone number.
3.2 You agree that any personal information you give to the Company will always be accurate, correct and up to date.
3.3 You may not register for the Workshop and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with the Company; and/or
(b) you are a person barred from registering for the Workshops under the laws of Australia or other countries including the country in which you are resident or from which you use the Workshops; and or
3.4 By using the Website or registering for the Workshop, you represent and warrant to the Company that:
(a) you have reached the legal age in your jurisdiction;
(b) you have the right, authority and capacity to enter into a contract with the Company and to agree to and abide by the Terms;
(c) if you are registering for the Workshops on behalf of a business, that business is taken to have accepted the Terms and you are taken to have been duly authorised to bind the business; and
(d) you will use the Website in a manner consistent with any and all applicable laws, regulations and all other Company policies.
4.1 In order to register for the Workshop, you are required to pay a reservation fee (the Workshop Fee) and a fee for the materials provided at the Workshop (the Materials Fee). You agree that Workshop Fee will be forfeited to the Company if you do not attend the Workshop.
4.2 You agree that where there is any additional workshop or services offered by the Company, the Company is entitled to charge additional fees.
4.3 Whilst the Company tries to ensure that all prices which appear on the Website and the links to the Workshop page are accurate and current, errors may occur. The Company reserves the right to correct any errors and to change or update information at any time without prior notice. The Company also reserves the right to refuse any booking for registration that you may place based on information on the Workshop that may contain errors.
4.4 Unless otherwise stated, all amounts, described on or in connection with the Terms, are listed in Australian Dollars (AUD) and are GST exclusive.
5 Payment Terms
5.1 The registration for the Workshop will not be complete until the completed registration order is received by the company and the Workshop Fee has been processed.
5.2 For the Workshop offered by the Company, a tax invoice and confirmation of your registration will be sent to you via email to your nominated email address within seven (7) days, upon an acknowledgement confirming your registration.
6 Cancellation and Refund
6.1 For our Workshops,
(a) if you cancel the order thirty (30) days or less of the date of the Workshop, you will not be entitled to any refund; and
(b) if you cancel the order more than thirty (30) days before the date of the Workshop, you will be refunded the Workshop Fee, less an administrative fee of 25% of the Workshop Fee and any merchant banking/transaction fees.
6.2 The Company will refund to you the Workshop Fee, dependent upon your attendance and sign-in at the Workshop, within seven (7) business days of the Workshop date (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account. You agree and acknowledge that this refund will not include the Materials Fee or any additional fees, such as merchant banking/transaction fees charged by third party event booking services.
6.3 In the unlikely event that a Workshop is cancelled by the Company, the Company may, at its discretion, either:
(a) refund any payments that have been made; or
(b) reschedule the Workshop to an alternative date.
7 Photographs and/or video-taping
7.1 You must not take photographs, record and/or video-tape the Workshop without prior consent of the Company.
7.2 You agree that the Company, as the organiser of the Workshop, is entitled to take photographs and/or video-tape the Workshop.
7.3 If you appear in the photos and/or videos, you grant to the Company and its successors an irrevocable, non-exclusive, transferrable, perpetual, royalty-free, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, publicly display, and otherwise use and exploit the photos and/or videos.
7.4 You further acknowledge that:
(a) The Company owns all rights (including copyright) in the photos and videos;
(b) any use that the Company makes of the photos and/or videos is an authorised use; and
(c) The Company shall not be liable to you for any infringement of any of your rights arising from its use of the photos and/or videos, including (but not limited to) claims under tort law, contract law, and the Competition and Consumer Act 2010 (Cth).
8 Copyright and Intellectual Property
8.1 The Website, Workshop, and all of the related products of the Company are subject to copyright. The materials and content on our Website, Workshop registration page, and at the Workshop is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website’s and Workshop registration page’s content and compilation (including text, graphics, logos, button icons, video images, audio clips and software) and all materials provided to you by the Company or posted to the Website or Workshop registration page (the “Content”) are owned or controlled by the Company and are reserved by the Company or its contributors.
8.2 The Company retains all rights, title and interest in and to the Website and Workshops and all related content. Nothing you do on or in relation to the Website and/or Workshop will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
8.3 You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Content for any purpose. This prohibition does not extend to materials on the Website or the Links which are freely available for re-use or are in the public domain.
9 Your Obligations
9.1 You agree and acknowledge that you will disclose any medical condition or disability that may affect your participation in the Workshop by informing us by sending an email at email@example.com at least 1 weeks prior to the date of the Workshop. The Company reserves the right to cancel your registration based on this information if the appropriate arrangements cannot be facilitated by the Company.
9.2 You agree and acknowledge that you will not cause any damage to any venue, including outside areas, and all inside areas, flooring, fixtures, fittings, etc. You will be responsible for any damage caused by you to the venue and will reimburse the Company in relation to any damage so caused.
9.3 You agree and acknowledge that you will be responsible for your personal belongings with you at all times at the Workshop or the venue. The Company accepts no liability for any damage to or loss of your personal belongings brought to the Workshop by you.
9.4 If you are a parent or guardian of an attending child, you will be res
9.5 You agree and acknowledge that you have all the necessary insurance, including emergency medical evacuation, emergency medical expenses, personal health, etc. The company does not accept liability for any insurance costs.
10 General Disclaimer
10.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2 Subject to this clause 11, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) The Company will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Workshop or these Terms (including as a result of not being able to use the Workshop or the late supply of the Workshops), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3 Use of the Website, the Workshop, and any of the products of the Company, is at your own risk. Everything on the Company, the Workshop, and the products of the Company, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of the Company make any express or implied representation or warranty about its Content or any products or Workshops (including the products or Workshops of the Company) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Workshop or any of the products of Test Engineering Alliance;
(d) the Content or operation in respect to links which are provided for your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11 Limitation of liability
11.1 The Company’s total liability arising out of or in connection with the Workshop or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent fee paid by you for the registration for the Workshops under these Terms or where you have not paid the fee, then the total liability of the company is the resupply of information to you.
11.2 You expressly understand and agree that the Company, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3 The Company is not responsible or liable in any manner for any site content (including the Content and third party content) posted on the Website or in connection with the Workshop, whether posted or caused by attendees, by third parties or by any of the Workshop offered by the company.
11.4 The Company does not control and is not responsible for the behaviours and actions of its attendees, their comments, posts or information that they upload. Accordingly, the Company is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Website or the Link or in connection with any of the Workshops provided on the Website or through the Link.
11.5 Whilst every reasonable preauction will be taken by the Company to ensure safety at the Workshop, the Company will not be liable, in any circumstances, for any loss or damage suffered by you or any registrant in relation to the Workshop. Nothing in these Terms shall be deemed to limit the liability of any person for death or personal injury caused by anything which it is unlawful to exclude or limit liability.
12.1 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any:
(a) action or inaction of you or the child that you have registered to attend the Workshop in contravention of a direction of the Company or not directed by the Company;
(b) improper use of the Products by you or the child that you have registered to attend the Workshop;
(c) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(d) any breach of the Terms.
13 Dispute resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice by email to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee or his or her nominee and the mediation will be held in accordance with the mediation guidelines prescribed, if any, by the President of the Law Society of New South Wales or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5 Termination of Mediation
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13.6 Legal Proceedings
In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
14 Venue and Jurisdiction
The Workshops offered by the Company are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15 Governing Law
This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
16 Independent Legal Advice
Both Parties confirm and declare that the provisions of this agreement are fair and reasonable and both Parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.