Terms & Conditions and Refund Policy.
These terms and conditions form the basis of the agreement between you and TALENTANK CONSULTANCY PTY LTD (ABN 77 631 679 939) (TalenTank). The agreement consists of the following documents:
- These Terms and Conditions;
- The completed Application Form including the Application Questionnaire, completed either online or offline;
- The Enrolment Package Outline; and
01 THE AGREEMENT
We suggest that before you sign the registration form or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them, please ask us.
You should keep a copy of these terms and conditions for your records.
Application Form means the document which sets out your personal details, Selected TalenTank Program, details of the agreed payment method.
Application Questionnaire means the questionnaire containing questions relevant to your business that is sent to you following your enrolment in any of the TalenTank Program, for you to complete.
Enrolment Package Outline means the document containing the description of any of the TalenTank Program and the included services on offer from time to time.
Event means a retreat, seminar, networking event, coaching session or promotion and other planned session organised or produced by TalenTank, whether live or online.
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever;
Minimum Deposit is the amount specified as the minimum deposit payable for the Selected TalenTank Program in the Application Form.
Online Content means all content on TalenTank Member Website including but not limited to ebooks, tables, educational materials, apps, video webinars, and audio material.
Paid in Full Payment means payment of the entire cost of the Selected TalenTank Program at the time of signing the Application Form or signing up online.
Participant means any person enrolled in any Selected TalenTank Program.
Payment Plan means an instalment arrangement for the payment of the full cost of the Selected TalenTank Program in equal instalments, the first payment being due prior to commencement of the Selected TalenTank Program.
Selected TalenTank Program means the level of services that you have selected to receive at the time of signing the Application Form, as outlined in the Enrolment Package Outline.
TalenTank Client and/or You means the individual named in the Application Form.
TalenTank Website means the website www.TalenTank.com.au and all associated subdomains and mobile websites.
TalenTank Member Website means the parts of TalenTank Website to which access is limited to clients of TalenTank currently enrolled to a Selected TalenTank Program.
TalenTank Member Facebook Group means the closed Facebook group for clients of TalenTank
TalenTank, We, Us and our refers to TalenTank (ABN 77 631 679 939) and includes the principals, directors, employees, representatives and assigns.
TalenTank Packages means all products and services provided by TalenTank including but not limited to recruitment, mentoring programs, products, seminars, Online Content, coaching, consulting and marketing services
03 ENROLMENT AND PAYMENT
1 Enrolment in the Selected TalenTank Program is subject to approval by TalenTank. The application process consists of:
1.1 Completion of the details in the Enrolment Package outline including the Application Form and Application Questionnaire; and
1.2 Payment of the Minimum Deposit, or if applicable, a Paid in Full Payment.
2 Completion of the Application Questionnaire provides information about you which enables TalenTank to:
2.1 Ensure your suitability for enrolment in the Selected TalenTank Program;
2.2 Confirm your intention to commit to this Agreement for the full term; and
2.3 If applicable, tailor the Selected TalenTank Program to your specific business and personal needs.
3 Payment for the Selected TalenTank Program may be made either by a Paid in Full Payment at the time of enrolment, or by way of a Payment Plan.
4 The pricing for all TalenTank Packages is outlined in the Enrolment Package Outline and may be updated by TalenTank at any time.
5 The price does not include travel or accommodation costs associated with any Event included in the Selected TalenTank Program.
6 The Paid in Full price for any Selected TalenTank Program is lower than the corresponding price for the same Selected TalenTank Program. This difference in pricing acknowledges the lower administration required from a Paid in Full payment.
7 If you do not make a Paid in Full Payment prior to the date for final payment outlined in the Enrolment Package Outline, then you will be charged the Payment Plan price for the Selected TalenTank Program.
8 You acknowledge that if you are accepted into the Selected TalenTank Program, you are responsible for the payment of fees for the entire course of the TalenTank Program, regardless of whether you actually attend or complete the work involved and regardless of whether you have selected a Paid In Full Payment or Payment Plan. No refunds will be issued and all payments must be made. If a payment remains outstanding for greater than 30 days, the balance for the remainder of payments becomes due immediately and an invoice will be issued for the full amount.
9 Payment Plans will be approved subject to you providing us your credit card or debit card details for payments on the date of completing the Application Form.
10 Where you have selected to pay by Payment Plan, the first instalment will be payable at the time of completing the Application Form.
11 Your enrolment in the Selected TalenTank Program may not be resold, transferred or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods and services, either by the original purchaser or any subsequent bearer without the prior written consent of TalenTank and other than in accordance with the conditions set out in this agreement. If an enrolment in a Selected TalenTank Program is sold, transferred or used in breach of this clause, the enrolment may be cancelled without a refund and the bearer of the enrolment may be refused admission to the Selected TalenTank Program.
04 COOLING OFF PERIOD
12 If you choose to cancel your enrolment for any reason within 3 business days of signing the Application Form (the “cooling-off period”), then we will refund you the total amount paid to us.
13 The cooling off period commences on the date of signing the Application Form, regardless of when your enrolment is accepted by TalenTank or when the total Minimum Deposit is paid.
14 Notice of cancellation within the cooling off period must be given by email to info@TalenTank.com.au with “Cooling Off Cancellation” in the subject line of the email.
15 Refunds claimed within the cooling off period will be approved within 7 business days and processed within 10 business days of being approved by TalenTank.
16 After expiry of the cooling off period, cancellations will not be accepted for any reason other than those stated in clause 28.
05 PAYMENT FOR ENROLMENTS – PAYMENT PLAN OPTION
17 Payments are in equal instalments as set out in the Enrolment Package Outline and must be paid each period when they become due.
18 Changes to a Payment Plan are at the absolute discretion of TalenTank. Any request for changes to a Payment Plan must be received in writing to info@TalenTank.com.au.
19 If your credit card or debit card details change, you must notify TalenTank of your changed credit card or debit card details by sending an email to info@TalenTank.com.au not less than 10 days prior to the next scheduled payment date.
20 If a payment under a Payment Plan is declined by your bank or credit card provider, TalenTank reserves the right to charge you for any merchant processing fees or penalties incurred by reason of the declined payment.
21 If TalenTank is unable to recoup payments payable by you under a Payment Plan by reason of cancellation of your credit or debit card, TalenTank reserves the right to issue an invoice to you for the balance of all monies due for the Selected TalenTank Program.
06 OUTSTANDING FEES
22 In the event that TalenTank must issue an invoice in accordance with clause 8 or 22 above, and monies remain outstanding for over 30 days, TalenTank reserves the right to:
22.1 Charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time;
22.2 Report the fact of the non payment of the invoice to a credit reporting agency; and
22.3 Assign the right to enforce any debts due to it to a third party, without further consultation to you.
23 You agree to indemnify TalenTank from and against all costs and disbursements incurred by TalenTank in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, TalenTank collection agency costs, and bank dishonor fees.
07 REFUNDS AND TERMINATION
24 Occasionally we may need to cancel a Program. We will make every effort to reschedule your TalenTank Program. However, in the rare and unlikely event of a cancellation without reschedule, a full refund will be paid within 10 days of notice of cancellation. TalenTank Pty Ltd will have no further liability to participants in respect to cancellation without reschedule.
25 After the cooling off period set out in clause 13 has expired, subject to clause 27 below, no refunds will be given, regardless of whether or not you have participated in the TalenTank Program, attended any Event or completed any activities.
26 If you are on a Payment Plan and request to terminate your participation in the Selected TalenTank Program due to unforeseeable personal circumstances (terminal illness, death of a family member, extreme financial hardship) that prevent you from completing your program, you must give 14 days’ notice in writing to info@TalenTank.com.au
27 100% Satisfaction Guarantee:
In the event that, after the first session, the client can provide evidence that, the knowledge they have gained, practiced and applied from the Program has not benefitted them in any way.
Payment will be refunded after the evidence is examined and evaluated by TalenTank to determine if the evidence is justified.
27.1 Acceptance or rejection of requests for termination is entirely within the TalenTank sole discretion. If we accept your request for termination, in accordance with clause 28 and 31, no further payments will be deducted and no refund will be issued in respect of payment for previous months or part thereof.
08 ACCESS TO THE TALENTANK MEMBER FACEBOOK GROUP
09 YOUR COMMITMENT
29 By signing this Agreement, you agree that you will:
29.1 Participate in the activities and perform the tasks assigned to you by TalenTank as part of your coaching process;
29.2 Commit for the full duration of the Selected TalenTank Program; and
29.3 Complete all coaching sessions included in the Selected TalenTank Program.
30 By signing the Application Form, you agree that we may, at our sole discretion, terminate this agreement and limit, suspend or terminate your participation in the TalenTank Program without refund of payments made if you:
30.1 Breach these terms;
30.2 Become disruptive or difficult to work with;
30.3 Fail to follow the guidelines of the program; or
30.4 Impair or otherwise interfere with the participation of our instructors or any other Participant in the program.
31 We respect your confidential and proprietary information, ideas, plans and trade secrets (“Confidential Information”). Accordingly, you agree to:
31.1 keep confidential and not disclose to any person any Confidential Information belonging to any other Participant in the program;
31.2 not infringe the copyright, patent, trademark, trade secret or other intellectual property rights of any other participant or Speakers Institute.
31.3 only use the Confidential Information of any other participant for the purposes of discussion during the program.
32 You acknowledge that by entering this agreement, you represent to TalenTank that payment of the fees for your Selected TalenTank Program will not place a significant financial burden on you or your family.
10 DISCLAIMER AND DISCLOSURE
33 We do not offer a guarantee that you will achieve the same or similar results. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
34 The information provided during or in relation to any Event is for general purposes only and it does not purport to be comprehensive or to render specific financial or legal advice. The information provided during or in relation to the Event should not be regarded as financial or legal advice. You should always seek independent legal and/or financial advice specific to your needs from a qualified practitioner before making business decisions. This disclaimer does not purport to exclude any warranties implied by law which may not be lawfully excluded.
35 You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will achieve a higher income as a result of your participation in the Selected TalenTank Program. You agree that TalenTank, its directors, principals, employees and representatives, will not be liable for any Losses that may arise out of any business or career decisions made by you at any time.
36 You acknowledge that we may pay commissions or referral payments to third parties arising from this agreement.
37 If the Selected TalenTank Program is prevented or cancelled due of an unforeseeable act of God, an inevitable accident, fire, blackout, flood or any other calamity, or if by reason of strikes, or lockouts, or any other events beyond the direct control of the organiser, then we may either reschedule the Selected TalenTank Program or cancel and refund as per clause 25 of these terms and conditions.
11 INTELLECTUAL PROPERTY
38 All material relating to TalenTank Coaching Packages, Selected TalenTank Service and TalenTank Workshops are subject to copyright and other intellectual property rights. The copyright in all such materials remains the property of their respective owners and may not be recorded, used or reproduced, without the express written permission of the copyright owner. You agree not, at any time, to do anything that would infringe the intellectual property rights in such materials.
39 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that TalenTank will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
40 You agree to fully indemnify and keep indemnified TalenTank in respect of:
40.1 any Losses suffered by any person; or
40.2 any claim made against TalenTank, including but not limited to all costs on an indemnity basis;
by reason of your negligence or breach of these terms, or arising out of any circumstance relating to your participation in the TalenTank Service.
41 The laws of the state of Victoria govern this agreement.
42 Should any part of this agreement be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected.
43 The failure of TalenTank or any third party supplier to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
44 This agreement may not be varied except with the written approval of a director of TalenTank.
45 All terms, conditions and warranties implied by statute that are excludable are excluded from this agreement. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from this agreement but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to TalenTank under this agreement.