TERMS AND CONDITIONS FOR USE OF PRODUCTIVITY BARGAIN PROGRAMS AND SERVICES

• INTRODUCTION

  1.1 A copy of these Terms and all other documents which apply to the Customer’s purchase of training are available for the Customer to read at https://www.productivitybargain.com/Terms-and-conditions

  1.2 If the Customer is a consumer (i.e. not purchasing the Program in the course of business, trade or profession, herein “consumer”) then nothing in these Terms will affect its statutory rights. If the Customer has any questions or complaints about the Program, please contact Productivity Bargain.

   

  2 DEFINITION AND INTERPRETATION

  In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:

  Acknowledgement E-mail has the meaning assigned to it at clause 3.3.

  Agreement refers to a contract between the Customer and Productivity Bargain for the purchase of the Program, on the terms set out in the Booking Form and incorporating these Terms.

  Booking Form refers to the Program Booking Form or the Services Booking Form, in each case submitted by the Customer to Productivity Bargain containing the details of the Customer and the Delegate(s) (if applicable), including contact details, billing information, as well as the Program or Services requested.

  Business Day refers to a day other than a Saturday, Sunday or public holiday in Territory, when banks in the Territory are open for business.

  Charges refers to the charges payable by the Customer for the Program in accordance with clause 6 (Charges and Payment).

  Consumer has the meaning assigned to it at clause 1.2.

  Course Confirmation E-mail has the meaning assigned to it at clause 3.4.

  Customer refers to the person who is purchasing the Program from Productivity Bargain.

  Delegate(s) refers to the individual(s) attending the Program, which may be the Customer.

  In-House Program refers to consultancy, coaching or training that is conducted for the Customer online or at a physical location of the Customer’s choice (and accepted by Productivity Bargain), and the program will be for a minimum number of Delegates.

  In-House Program Booking Form refers to the hard-copy or soft-copy document (also referred to as a ‘proposal’) for booking In-House Program.

  Productivity Bargain refers to the Productivity Bargain entity stated in the Booking Form.

  Program refers to consultancy, coaching, or training services provided by Productivity Bargain to the Customer, which is conducted either at a physical location or online.

  Program Materials refers to any materials or documents provided or loaned by Productivity Bargain to the Delegate(s), and includes both hard copies, soft copies and downloadable soft copy materials.

  Public Program refers to training that is available to members of the public, including the Customer, either at a physical location or online, as detailed in the description of the Program.

  Public Program Booking Form refers to the electronic document found online for booking a Public Program.

  Terms refers to these terms and conditions of purchase, together with the Productivity Bargain privacy policy available at https://www.productivitybargain.com

  Territory refers to the country or territory where Productivity Bargain is established, as set out in the Booking Form.

   

  3 MAKING A BOOKING

  3.1 Booking a Public Program. To book a Public Program, the Customer must complete and submit the online Public Program Booking Form, and specify the Public Program that the Delegate(s) requires. Advance payment of the Charges may be required at the point of submission in order to reserve a place in the Public Program.

  3.2 Booking an In-House Program. To book an In-House Program, the Customer must accept In-House Program Booking Form, which specifies the In-House Program that the Delegate(s) requires. Once the booking has been accepted in accordance with clause 3.3, instructions on making payment for the Charges will be sent to the Customer.

  3.3 Acknowledgement of Booking. After the Customer has submitted the Booking Form, Productivity Bargain will acknowledge receipt by e-mail, which will contain key information about the relevant Program (the “Acknowledgement E-mail”). This does not mean that Productivity Bargain has accepted the booking, and Productivity Bargain will contact the Customer if the Customer’s booking has been rejected at any time, which may be because:

  (a) an incomplete Booking Form has been submitted, or

  (b) a Booking Form has been submitted with changes made to the terms and conditions, or

  (c) an In-House Program Booking Form has not been signed and returned in time, or

  (d) the Delegate(s) do not meet the minimum requirements (such as age) or possess the relevant prerequisites (such as qualifications) for the Program, or

  (e) for a Public Program, the minimum number required for Productivity Bargain to conduct the Public Program has not been met.

  3.4 Acceptance of Booking.

  (a) Once a booking is accepted, an email will be sent by Productivity Bargain to the Customer, containing details of the Program including Program date(s) and time, instructions on how the Delegate(s) will attend the Program, and any other information that may be necessary, which will form part of the Agreement (“Course Confirmation E-mail”).

  (b) If the Charges have not been paid at this point, Productivity Bargain will provide instructions on how to make payment.

  (c) If the Customer does not receive the Program Confirmation E-mail one week before the commencement of the Training or if the Customer has any questions, please contact Productivity Bargain.

  (d) Once Productivity Bargain has sent the Program Confirmation E-mail, a legally binding contract will be formed between Productivity Bargain and the Customer and Productivity Bargain will be required to provide the Program.

   

  4 SUPPLY OF THE PROGRAM

  4.1 Productivity Bargain shall use reasonable endeavours to supply the Program to the Delegate(s) in accordance with these Terms in all material respects but reserves the right to change the content of any Program or Program Materials at any time and without notice.

  4.2 Productivity Bargain shall use reasonable endeavours to meet any specified training dates, but any such dates are subject to change.

  4.3 Productivity Bargain reserves the right to cancel or postpone the Program at any time, without incurring additional liability to the Customer. Unless the Customer agrees to the proposed dates for the postponed Program, if Productivity Bargain is not able to supply the Program on the agreed date it shall notify the Customer, cancel the booking and offer (at Productivity Bargain ‘s sole discretion) a full refund or a credit note.

   

  5 CUSTOMER'S OBLIGATIONS

  5.1 The Customer shall:

  (a) provide reasonable co-operation with Productivity Bargain in all matters relating to the Program; and

  (b) provide Productivity Bargain, its employees, agents, consultants and subcontractors, with any information which may be required by Productivity Bargain in the organisation of the Program, including, but not limited to, details in respect of the Delegate(s) and ensuring that such information is complete and accurate in all material respects.

  5.2 Without the express written permission from Productivity Bargain, the Customer shall not, and, where applicable, shall ensure that the Delegate(s) does not:

  (a) record the Program in any way;

  (b) reproduce, scan or copy, alter, modify, translate (in each case, whether in whole or in part) the Program Materials except for the sole purpose of completing the Program; or

  (c) permit the Program Materials (whether in whole or in part) to be reproduced, scanned, copied, combined with or become incorporated into any other materials.

  5.3 For Program delivered online, the Customer shall ensure that it or, if applicable, the Delegate(s):

  (a) is able to meet the basic technical system requirements for hardware and software as may be prescribed by Productivity Bargain from time to time; and

  (b) does not upload any content that infringes upon the rights of third parties, are in contravention of applicable law, or would lead to Productivity Bargain being in contravention of applicable law.

  5.4 Where the Program is being delivered at the Customer’s (or, if applicable, a Delegate’s) premises, the Customer (or, if applicable, the Delegate) shall provide Productivity Bargain with:

  (a) access, training space and any equipment necessary for the delivery of the Program; and

  (b) such facilities as are reasonably notified to the Customer (or, if applicable, the Delegate) in advance.

   

  6 CHARGES AND PAYMENT

  6.1 The Customer shall pay any invoice issued by Productivity Bargain within 30 calendar days of the date of the invoice or prior to the Program taking place whichever is earlier, to a bank account provided on the invoice by Productivity Bargain. For Bookings completed online, the Customer shall make payment in accordance with the directions provided on the website to Productivity Bargain, in the absence of which payment shall be made within 30 calendar days of the date of the invoice or prior to the Program taking place whichever is earlier.

  6.2 Notwithstanding clause 6.1, where the Booking is made less than 7 calendar days away from the date of the Program, payment is due immediately.

  6.3 Failure by the Customer to pay any Charges when they fall due may (at Productivity Bargain's discretion) result in:

  (a) the allocation of the Delegate’s place in the Program to others;

  (b) Productivity Bargain cancelling its Agreement with the Customer to provide the Program without incurring any liability; and/or

  (c) if the Program has already been delivered to the Delegate(s), Productivity Bargain withholding certifications that are due to the Customer having completed the Program.

  6.4 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay Productivity Bargain any sum due under this Agreement on the due date the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 12% a year or the highest rate allowed under the law, whichever is lower.

  6.5 All sums payable to Productivity Bargain under this Agreement:

  (a) are exclusive of goods and services tax, sales and services tax, value-added tax, and other like taxes (but not including such taxes levied on Productivity Bargain as corporate income taxes), and the Customer shall in addition pay an amount equal to any taxes chargeable on those sums; and

  (b) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

  6.6 Whilst Productivity Bargain takes reasonable care and skill to ensure that the prices of the Program are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the Program that has been booked by the Customer, Productivity Bargain will notify the Customer and the Customer may either

  (a) reconfirm the booking at the correct price, or

  (b) cancel the booking. In this instance, if Productivity Bargain notifies the Customer and does not receive a response, the booking will be cancelled.

  6.7 Productivity Bargain’s fees are exclusive of sales, value added tax or other applicable taxes and/or surcharges, which the Client shall pay in addition to the fees, and such payments shall be paid without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

   

  7 CANCELLATION

  7.1 Public Program. The Customer may cancel its registration for a Public Program on 30 calendar days’ written notice to Productivity Bargain. A Public Program may not be cancelled within 30 days of the start date of the Public Program.

  7.2 In-House Program. The Customer may cancel or postpone the In-House Program by giving no less than 30 calendar days before the In-House Program by giving written notice to Productivity Bargain at the email set out in the Acknowledgement E-mail. An In-House Program may not be cancelled or rescheduled within 15 calendar days of the start date of the In-House Program. Where In-House Program is postponed, it shall be within 60 calendar days of the original date. The Customer may substitute any Delegate by giving no less than 15 calendar days before the In-House Program by giving written notice to Productivity Bargain at the email set out in the Acknowledgement E-mail.

  7.3 If the Customer is exercising its right to cancel the Program in accordance with clauses 7.1 and 7.2 above, Productivity Bargain may deduct from any refund an amount for the supply of the Program for the period for which it was supplied, ending with the time when the Customer notified Productivity Bargain of its wish to cancel. The amount deducted will be in proportion to the Program already provided, in comparison with the full Program agreed to be provided. Where Program Materials have been sent to the Delegate(s) for Program delivered online, the Program may not be rescheduled and the Charges for such Program is non-refundable.

  7.4 Consumer Cancellation Rights. This clause applies only to a Customer who is also a consumer (i.e. not purchasing the Training in the course of business, trade or profession):

  (a) Without prejudice to the rights in clauses 7.1 and 7.2, the Customer has a right to cancel its order for the Program within 14 calendar days without giving any reason. The cancellation period will expire after 14 calendar days from the date on which the Program Confirmation E-mail was received.

  (b) If the Customer decides to cancel the Program in accordance with clause 7.4(a), Productivity Bargain will reimburse the Customer for all Charges which Productivity Bargain has received from the Customer in relation to such Program. However, if the Customer has booked the Program to begin during the 14 day cancellation period and later decides to cancel, the Customer shall be liable to pay for the full costs of the Program.

  (c) If the Customer wishes to cancel the Program, the Customer must inform Productivity Bargain of its decision to cancel the Program by a clear statement sent by post or e-mail, which shall include the Customer’s name, address, program name, program date, and other such detail as relevant in order for Productivity Bargain to determine the relevant booking information.

  (d) To meet the cancellation deadline, it is sufficient for the Customer to send its notice of cancellation before the cancellation period has expired. If the Customer sends Productivity Bargain a notice of cancellation by post, Productivity Bargain advises the Customer to keep proof of postage.

  (e) Productivity Bargain will make the reimbursement without undue delay, and no later than 14 calendar days after the day on which Productivity Bargain are informed about the Customer’s decision to cancel the booking, or 30 calendar days after the date Productivity Bargain receives back from the Customer any Program Materials supplied to the Customer, whichever is later.

  (f) Productivity Bargain will make the reimbursement using the same means of payment as the Customer used for the initial transaction, and unless the Customer has expressly agreed otherwise, the Customer will not incur any fees as a result of the reimbursement. Productivity Bargain may withhold reimbursement until it has received any Program Materials back or the Customer has supplied evidence of having sent the Program Materials back, whichever is the earliest.

  7.5 Where a Delegate fails to attend all or part of any Program, full payment of the Charges shall be required and there will be no refunds.

   

  8 INTELLECTUAL PROPERTY RIGHTS

  8.1 All intellectual property rights in or arising out of or in connection with the Program, including any associated Program Materials shall remain the property of Productivity Bargain or its licensor. Productivity Bargain grants the Delegates a perpetual, non-exclusive, non-transferable royalty-free licence to use the Program Materials solely for the purpose of receiving the Program and personal academic use. The Customer shall not, and shall ensure that the Delegate(s) does not, in respect of the Program Materials: (a) commercially exploit it, (b) sublicense it to any third party, or (c) use it for the benefit of any other persons.

  8.2 As between the parties, the Customer shall own all right, title and interest in and to all of the Customer’s data.

  8.3 For purposes of this clause 8, “intellectual property rights” means patents, trademarks, trade names, design rights, copyright, confidential information, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which shall subsist anywhere in the world.

   

  9 DATA PROTECTION

  Productivity Bargain processes and stores the Customer’s personal data in accordance with Productivity Bargain’s privacy policy at https://www.productivitybargain.com/privacy-policy

   

  10 LIMITATION OF LIABILITY

  10.1 Nothing in this Agreement limits or exclude, liability for:

  (a) death or personal injury caused by Productivity Bargain’s negligence;

  (b) fraud or fraudulent misrepresentation; and

  (c) any liability which cannot legally be limited or excluded.

  10.2 Subject to clause 10.1, Productivity Bargain shall only be liable to the Customer for losses which the Customer suffers as a direct result of Productivity Bargain’s breach of these Terms and which are reasonably foreseeable. A loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Productivity Bargain and the Customer knew it might happen, for example, if the Customer discussed it with Productivity Bargain during the sales process. Productivity Bargain shall not be liable for any other losses.

  10.3 Subject to clause 10.1, Productivity Bargain’s liability to the Customer (for all claims in aggregate) for claims made in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall not exceed the total Charges paid or payable by the Customer for the Program.

  10.4 If the Customer is not a consumer (i.e. purchasing the Program in the course of business, trade or profession), Productivity Bargain shall not have any liability to the Customer, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for: (a) loss of profit; (b) loss of revenue; (c) loss of anticipated savings; (d) loss, destruction or corruption of data; (e) loss of contract, business or opportunity; (f) loss of opportunity, goodwill or reputation; (g) business interruption; (h) wasted expenditure; and (i) any indirect or consequential loss or damage of any kind howsoever arising.

  10.5 This clause 10 shall survive termination of the Agreement.

   

  11 CONFIDENTIALITY

  11.1 Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. A party’s confidential information shall not be deemed to include information that:

  (a) is or becomes publicly known other than through any act or omission of the receiving party;

  (b) was in the other party's lawful possession before the disclosure;

  (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or

  (d) is independently developed by the other party, which independent development can be shown by written evidence.

  11.2 Subject to clause 11.3, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the implementation of the Agreement.

  11.3 A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 11.3, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.

  11.4 The Customer acknowledges that its information may be used by Productivity Bargain on an anonymous basis including without limitation compiling and publishing reports.

  11.5 The above provisions of this clause 11 shall survive termination of the Agreement, however arising.

   

  12 TERMINATION

  12.1 Productivity Bargain may terminate the Agreement immediately in the following circumstances:

  (a) the Customer does not, within a reasonable time of Productivity Bargain requesting, provide Productivity Bargain with information that is necessary to provide the Program;

  (b) the Customer commits a material breach of any term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 calendar days after being notified in writing to do so;

  (c) the Customer does not, on the agreed date or timeframe, allow Productivity Bargain to provide the Program;

  (d) the Customer takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

  (e) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

  (f) the Customer does not, if required, allow Productivity Bargain to access the agreed location for the In-House Program to provide the Program.

  12.2 The Customer may terminate the Agreement in the following circumstances:

  (a) if the Program purchased was misdescribed (however, the Customer may alternatively choose to get the Training re-performed or to get some or all of the Charges back);

  (b) if Productivity Bargain has informed the Customer of an upcoming change to the Program or these Terms which the Customer does not agree with (see clause 15.1 (Variation));

  (c) Productivity Bargain has told the Customer about a mistake in the Charges for the Program the Customer has purchased and the Customer does not wish to proceed (see clause 6.6 (Charges and payment));

  (d) there is a risk that performance of the Program may be significantly delayed because of events outside the control of Productivity Bargain; and

  (e) Productivity Bargain has notified the Customer that it has suspended supply of the Program; or

  (f) if it wishes to exercise its right to cancel the Agreement in accordance with clause 7.

  12.3 Without affecting any other right or remedy available to it, Productivity Bargain may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment. If Productivity Bargain terminates the Agreement for this reason, Productivity Bargain will refund any Charges paid in advance where the Program and Program Materials have not been provided, but Productivity Bargain may deduct or charge the Customer reasonable compensation for the net costs incurred by Productivity Bargain as a result of the Customer breaching the terms of the Agreement.

   

  13 CONSEQUENCES OF TERMINATION

  13.1 Where Productivity Bargain terminates the Agreement in accordance with clause 12.1:

  (a) the Customer shall return, destroy and delete (as applicable) all the Program Materials that had been provided by Productivity Bargain; and

  (b) the licence under clause 8.1 shall terminate.

  13.2 On termination or expiry of the Agreement for any reason, any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect.

  13.3 Termination of the Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.

   

  14 FORCE MAJEURE

  Productivity Bargain shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Productivity Bargain or any other party), pandemics or epidemics, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event as soon as practicable, and its expected duration.

   

  15 VARIATION

  15.1 Productivity Bargain reserves the right to amend the Agreement if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training. In these circumstances, Productivity Bargain shall notify the Customer and explain the changes. A copy of the updated version of the Terms can be found on the Productivity Bargain website or is available on request from Productivity Bargain.

  15.2 Subject to clause 15.1, no variation of the Agreement shall be effective unless it is in writing and signed by Productivity Bargain and the Customer (or their authorised representatives).

   

  16 WAIVER

  No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

   

  17 SEVERANCE

  If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.

   

  18 ENTIRE AGREEMENT

  18.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

  18.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

   

  19 ASSIGNMENT AND SUBCONTRACTING

  19.1 The Customer shall not, without the prior written consent of Productivity Bargain, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement, such consent may be withheld in Productivity Bargain 's sole discretion.

  19.2 Productivity Bargain may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.

   

  20 NO PARTNERSHIP OR AGENCY

  Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.

   

  21 LANGUAGES

  These Terms are only available in English. No other languages will apply to these Terms or any agreements.

   

  22 THIRD PARTY RIGHTS

  The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).

   

  23 NOTICES

  23.1 Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Booking Form, or such other address as may have been notified by that party for such purposes.

  23.2 A correctly addressed notice sent by pre-paid first-class (or equivalent) post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).

   

  24 GOVERNING LAW

  The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia. The interpretation of legislation to include subordinate, amended or re-enacted legislation is not implied so should be specified.

   

  25 JURISDICTION

  Each party irrevocably agrees that the courts of New South Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

   

  26 RIGHTS OF THIRD PARTIES

  A person who is not a Party to this Agreement shall have no rights pursuant to the Privacy Act 1988 enforce rights or benefits under these Terms or any Agreement entered into between Productivity Bargain and the Customer.

   

  27 CONSUMER RIGHTS ACT

  Where the Customer is a consumer (i.e. not purchasing the Program in the course of business, trade or profession) and any provision or part-provision is found to be unfair for the purposes of the Australian Consumer Law, then that provision or part-provision shall be read down to ensure it is not unfair. If it is not possible to read down that provision or part-provision, then clause 17 (Severance) will apply.

  Territory-specific Terms for Australia

  Where the Customer is in Australia, the following provisions shall apply. To the extent of any inconsistency these additional terms will apply.

  1. Unfair terms. Where the Terms constitute a consumer contract and any Term is found to be unfair for the purposes of the Competition and Consumer Act 2010, then that Term is to be read down to ensure it is not unfair. If it is not possible to read down that Term, then clause 17 (Severance) will apply to sever that Term.
  2. Privacy Act 1988 (Cth). In addition to clause 9, Productivity Bargain will comply with the requirements of the Australian Privacy Principles (APP) adopted under the Privacy Act 1988 (Cth). Any personal data that a Customer provides to Productivity Bargain with respect to booking or completing Program with Productivity Bargain will be collected in accordance with APP 6 (Use or disclosure of personal information). Productivity Bargain will take all reasonable steps to keep the personal information secure in accordance with APP 12 (Security of personal information). Customer may request access to the personal information about the Customer held by Productivity Bargain in accordance with APP 13 (Access to personal information). When making a booking (in accordance with clause 3), Customer expressly consent for the purposes of the APP to Productivity Bargain’s collection of Customer’s personal information and its use of that information for the purposes detailed in the aforementioned privacy policy. Personal information includes your name, address, date of birth religion and any other information which is identifiable to the person. If a booking is made on behalf of a Delegate, then the person making the booking is deemed to have obtained the Delegate’s consent to use of personal information as detailed above

   

    

  TERMS OF SERVICE FOR THE PROGRAM

  1. Productivity Bargain will perform the services described and in accordance with the Proposal and these terms of service (Contract).
  2. These terms of service, together with any terms set out in the Proposal, are the only terms that will govern the Contract. Any terms contained in or incorporated by reference in any acknowledgements, confirmations, standard forms, purchase orders or any other documents issued by either party, or implied by trade custom, practice or course of dealing, other than those permitted within these terms of service, will not apply.
  3. If there is an inconsistency between any of the provisions of the Contract and any master services agreement, purchase proposal, Client’s standard conditions of purchase or any other document stated to be relating to Productivity Bargain’s services or the Contract, the provisions of the Contract will prevail.
  4. Notwithstanding clause 2, Productivity Bargain may amend these terms of service from time to time and will notify Client accordingly when this takes place. On receipt of such notice, Client may reject any amendment and terminate the Contract by notifying Productivity Bargain of its intention to do so on 30 days’ written notice. If Client provides no notice Client is deemed to have accepted the amended terms.
  5. Without prejudice to clause 4, no amendment or variation to the Contract will be valid unless agreed in writing between the parties.
  6. The Contract will commence on the date Client signifies agreement to the Contract (which may be through electronic confirmation or otherwise).
  7. Productivity Bargain will provide its services in compliance with:
     • a) all applicable legislation and regulations;
     • b) all relevant international standards that govern the provision of accredited certification services;
     • c) any relevant standard, private standard or code of practice expressly governing the services in this Contract; and
     • d) Productivity Bargain Group’s Code of Business Ethics
  8. Appropriately qualified personnel will perform the services and determine the outcome of assessments and reviews, and Productivity Bargain may change such personnel at any time.
  9. Client will promptly provide to Productivity Bargain (throughout the duration of the Contract):
     • a) complete and accurate information (including any and all documents) relevant to the services including any updates;
     • b) immediate notification of any event which may adversely affect the outcome or continued use of any Productivity Bargain service or which if left unattended may cause Productivity Bargain to misrepresent compliance with clauses 7.a, 7.b, or 7.c above;
     • c) responses to all relevant and reasonable queries of Productivity Bargain at any time and reasonable assistance including access to premises to permit Productivity Bargain to investigate third party complaints of Client’s use of the services;
     • d) access to its sites and availability of appropriate personnel on dates agreed with Productivity Bargain and at any other time for Productivity Bargain’s unannounced visits if so required to comply with clauses 7.a, 7.b, or 7.c above;
     • e) access to any third-party site reasonably required by Productivity Bargain to comply with clauses 7.a, 7.b, or 7.c above (and Client undertakes to Productivity Bargain that it will obtain the third party’s consent for Productivity Bargain to gain such access);
     • f) details of all health and safety rules, security and other requirements for visitors to its sites in advance of service provision, or consultancy by Productivity Bargain;
     • g) notification of third-party complaints received by Client in respect of Client’s product or services relevant to this Contract and steps taken to resolve them; and
     • h) for hybrid or remote services, such technical capabilities on site as are reasonably required to support the requirements of the Program as may be notified to Client in advance. This will include access to a wireless internet connection of sufficient bandwidth and reliability so as to allow video communication between Productivity Bargain personnel on and off-site and consent for Productivity Bargain personnel to engage in such communications (including the communication of any ancillary images from Client site).
  10. Client will take all necessary steps to eliminate or remedy any obstacles to or interruptions in the performance of the services.
  11. Productivity Bargain will not investigate or confirm the truth, accuracy or completeness of any information provided by Client and Productivity Bargain accepts no liability for any losses, costs or damages suffered or incurred by Client arising out of any incomplete or inaccurate information.
  12. The Program and services may be delivered on location, remotely or in hybrid fashion, as determined by Productivity Bargain. During hybrid or remote Programs or services Productivity Bargain may record or store any video communications and any personal data in such communications will be processed in accordance with clause 20.
  13. Client warrants, undertakes and represents to Productivity Bargain that all documentation, information and material made available by Client to Productivity Bargain under the Contract, and Productivity Bargain’s use of the same, does not infringe the intellectual property rights of any third party.
  14. Unless Productivity Bargain provides its prior written consent:
      • a) Client will not: (i) request from Productivity Bargain or use any advice or materials, including any report, certificate, notes, e-mails or other documents issued by Productivity Bargain in providing the services (Materials) for the purposes of litigation; (ii) save for the Certificate, use or distribute the Materials for any purpose other than internal business improvement; (iii). refer to the Materials in any document or make the Materials available to any person other than professional advisors who are assisting Client in relation to the services;
      • b) the Materials (including any interim draft or other advice whether oral or written) will not be relied upon by anyone other than Client; and
      • c) Client will not name Productivity Bargain or refer to Productivity Bargain or the Materials or the services in any written materials (other than to Client’s professional advisors), or any publicly filed documents unless required by law.

1. •  This clause 14 will survive expiry or termination of the Contract.
2. 15. All intellectual property rights in any Productivity Bargain Logo remains vested in Productivity Bargain. All goodwill through Client's use of any Productivity Bargain Logo, or any Certificate or report issued by Productivity Bargain, will vest in Productivity Bargain and to the extent any such rights accrue to Client, Client hereby assigns them to Productivity Bargain. Client will only display the Productivity Bargain Logo in the form approved by Productivity Bargain, in accordance with any guidelines and instructions provided by Productivity Bargain from time to time and only in connection with the products and/or services as specified on the relevant Certificate.
3. 16. Client will not use, or apply for registration of, any trade mark which consists of, or comprises, or is confusingly similar to any Productivity Bargain Logo or do, or omit to do, or permit to be done, any act that, in Productivity Bargain ‘s reasonable opinion, may weaken, damage or be detrimental to any Productivity Bargain Logo or the reputation or goodwill associated with Productivity Bargain.
4. 17. Each party will keep the other party’s information confidential for a period of 6 years from receipt and delete it thereafter and will not use or disclose it except in the following situations (in which case, the receiving party will notify the other party if legally able to and within a commercially reasonable time):
5. 18. Notwithstanding clause 17:
   • a) Productivity Bargain may: (i) use the confidential information of the Client for the purpose of exercising or performing its obligations under the Contract (including as necessary, providing to accreditation bodies such confidential information as is required in respect publication of Client’s certification on a public certification database); and (ii) disclose the confidential information to its affiliates, representatives, or subcontractors who shall be bound by the same confidentiality obligations as set forth in clause 17; and
   • b) either party may use or disclose the other party’s confidential information where that information is: (i) generally available in the public domain; (ii) lawfully acquired from a third party who owes no obligation of confidence in respect of the information; (iii) was available to the receiving party on a non-confidential basis prior to being disclosed by the other party; and/or (iv) to the extent required by law, or by order or directive of any governmental or other regulatory authority or accreditation authority, or by a court or other authority of competent jurisdiction.

 19. Clause 17 will not require either party to delete information that it is required to retain by applicable law, or to satisfy the requirements of any regulatory authority or body of competent jurisdiction to which that party may be subject relevant to the services.

20. To the extent Client information includes personal data, Productivity Bargain will only process such personal data as set in our privacy notice available on our website.

21. Notwithstanding the provisions of clauses 17 and 20, Productivity Bargain may convert Client information into an anonymised form. Whether by itself or in aggregate, Productivity Bargain may analyse such anonymised data or otherwise commercially exploit such data for its business purposes.

22. Productivity Bargain will, unless otherwise agreed, invoice Client at the end of the month for the services performed in that month.

23. Client will settle all invoices within 30 days of date of issue.

24. Payments may only be made by electronic transfer to the account detailed on the invoice issued by Productivity Bargain. On making a payment, Client will provide the relevant invoice number and its customer account number (as stated on the invoice).

25. If Client reasonably believes an invoice includes a sum which is not valid and properly due:

• a) Client will notify Productivity Bargain in writing within 5 days of receipt of the disputed invoice;
• b) Client will pay all non-disputed sums on the invoice in accordance with clause 23;
• c) the parties will meet virtually within 10 days of notification under clause 325.a to attempt to resolve the dispute;
• d) where the parties are able to resolve the dispute, which the parties will negotiate in good faith, to the extent that Client is obliged to pay an amount, then the original payment terms of the disputed invoice will continue to run as if no dispute had been raised; and
• e) where the parties are unable to resolve the dispute, Productivity Bargain may terminate the Contract immediately on notice and Client will pay Productivity Bargain all fees, charges and expenses incurred by Productivity Bargain up until the date of termination with respect to Client.

   

26. Client will pay Productivity Bargain all fees, charges and expenses incurred by Productivity Bargain with respect to enforcing its rights under this Contract in court.

27. Failure to settle an invoice in accordance with the payment terms will permit Productivity Bargain to charge interest in accordance with clause 29 from the original due date until the date of payment.

28. Productivity Bargain’s fees are exclusive of sales, value added tax or other applicable taxes and/or surcharges, which the Client shall pay in addition to the fees, and such payments shall be paid without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). Productivity Bargain may increase its fees if:

• a) Client’s instructions change or are found to be not in accordance with the initial details supplied to Productivity Bargain prior to Productivity Bargain providing the initial quote contained in the Proposal; or
• b) any unforeseen problems or expenditure arise in the course of carrying out the services,

in which case, Productivity Bargain will be entitled to charge additional fees to cover the additional time and cost incurred to complete the services.

29. Productivity Bargain may charge interest on overdue amounts at the rate of 12% a year above the central bank base rate in New South Wales, accruing on a daily basis compounded quarterly.

30. On termination of the Contract for any reason (except due to breach of Contract by Productivity Bargain), all fees outstanding are due and payable immediately.

31. Nothing in this Contract will limit or exclude either party’s liability to the other for:

• a) death or personal injury caused by its negligence;
• b) fraud or fraudulent misrepresentation; or
• c) any other liabilities or losses that cannot be legally limited or excluded by law.

32. Subject to clause 31, and to the maximum extent permitted by law, Productivity Bargain will not be liable to Client for:

• a) any loss of profit, loss or damage to goodwill, loss of or corruption of software, data or information, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise; and
• b) any loss, damage or expense arising from: (i) a failure by Client to comply with any of its obligations under the Contract; (ii) any actions taken or not taken on the basis of the Materials; (iii) any incorrect results or Materials arising from unclear, erroneous, incomplete, misleading or false information provided to Productivity Bargain by Client.

33. Subject to clause 31, and to the maximum extent permitted by law, the total liability of Productivity Bargain to Client whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract will not exceed an amount equal to the annual fees  payable by Client under the Contract. This limitation of Productivity Bargain’s liability will survive termination of the Contract.

34. Upon termination or expiration of the Contract, the obligations which by their nature are intended to survive expiration or termination shall survive.

35. Except for proven fraud or gross negligence by Productivity Bargain, Client will indemnify and hold harmless Productivity Bargain against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Productivity Bargain arising out of or in connection with any claim made against Productivity Bargain by a third party arising out of or in connection with:

• a) Productivity Bargain performing the services;
• b) the subject matter of the certification;or
• c) clause 14.

36. Either party may terminate the Contract at any time by giving the other party not less than 3 calendar months’ written notice of its intention to do so.

37. Without prejudice to any rights that have accrued under the Contract, Productivity Bargain may terminate the Contract, and any other Contract Client has with Productivity Bargain or Productivity Bargain group companies, with immediate effect by notice:

• a) if Client breaches any material obligation and such breach remains unremedied after 30 days from the date of notification of such breach by Productivity Bargain; or
• b) if Client commits a material breach which is incapable of remedy; or
• c) if Client challenges the validity or ownership of any Productivity Bargain intellectual property rights; or
• d) should Productivity Bargain have reasonable grounds for believing that Client does not comply with the requirements of any law, standard or scheme applicable to its services; or
• e) if, in the reasonable opinion of Productivity Bargain: (i) Client acts in such a manner that may bring Productivity Bargain into disrepute; (ii) the provision of the services to the Client may bring Productivity Bargain into disrepute; or (iii) the Client is likely to satisfy the provisions set out in clause 38 (a – e).

38. Without prejudice to any rights that have accrued under the Contract, either party may terminate the Contract immediately if the other party:

• a) is unable to pay its debts as they fall due;
• b) has appointed a receiver, administrator or manager over its assets;
• c) goes into liquidation (except for the purpose of solvent reconstruction or amalgamation);
• d) enters into a voluntary arrangement with its creditors; or
• e) ceases or threatens to cease its business.

39. Where the Contract is terminated:

• a) by Client pursuant to clause 50, Client will pay Productivity Bargain any costs or expenses incurred or committed to by Productivity Bargain in respect of 3-month period following the date notice to terminate is provided;
• b) by Productivity Bargain pursuant to clause 36 (a – e), Client will pay Productivity Bargain all fees for the services. 

40. Either party will not be in breach of the Contract if it is not reasonably possible to perform an obligation due to circumstances beyond its reasonable control. Circumstances beyond its reasonable control include but are not limited to flood, fire, earthquake or other acts of God; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots, epidemic or pandemic; strikes, labour stoppages or slowdowns; and any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including imposing an embargo, export or import restrictions.

If the period of non-performance continues for 30 days, the other party may terminate the Contract by giving 14 days' advance written notice to the non-performing party.

41. Nothing in this Contract is intended to, or will operate to, create a partnership between the parties, or to authorise either party to act as agent for the other.

42. Productivity Bargain may subcontract its obligations under this Contract.

43. The Contract is personal to Client. Client may not assign, transfer or deal in any manner with its rights and obligations under the Contract. Productivity Bargain may assign its rights under the Contract to a Productivity Bargain group company.

44. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, warranties, arrangements and understandings, whether written or oral, relating to its subject matter. Each party acknowledges that the Materials do not represent a warranty of merchantability or of fitness for purpose and, in entering the Contract, it has not relied on, and will have no remedy in respect of, any statement, representation, warranty or understanding that is not set out in the Contract.

45. A person who is not a party to the Contract will not have any rights under or in connection with it.

46. A failure to or delay in enforcing a right or remedy under this Contract does not constitute a waiver of that right or remedy.

47. If this Contract has been translated into a language other than English, the English version will prevail to the extent of any inconsistency with the translation.

48. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the remainder of the Contract will not be affected. In the event that any term of this Contract is invalid as a result of legislation in Australia, that clause is severed to the extent of any invalidity.

 49. Any notices to a party in connection with the Contract must be in writing and sent by email or delivered to the party’s address set out in the Contract.

50. Client will bring any claim or proceeding of any nature against Productivity Bargain in writing within 6 months of the earlier of the date that Productivity Bargain complete providing the services to Client or the date on which the Contract expires or terminates.

 51. This Contract will be governed by the laws of New South Wales. The New South Wales courts have non-exclusive jurisdiction to adjudicate any disputes arising under it.

 

T&Cs in brief

 

Payment

All Program, Services, and Coaching are non-returnable and non-refundable, all invoices in relation to the above products must be paid prior to receipt of items.

*GST is applicable to this item for Australian residents

Intellectual Property

Program materials and all copies thereof are the intellectual property of and solely owned by Productivity Bargain. Program materials cannot be reproduced in any media or transmitted in any form without the prior written consent of Productivity Bargain. Distribution or sale of any course materials to any third party is strictly prohibited. Unlicensed copy of any course materials is illegal.

Limitation of Liability

Productivity Bargain’s liability in respect of any single event or series of events for breach of its obligations under this Agreement shall be strictly limited to $1000, as per the Terms & Conditions of use.

Law

This Agreement shall be governed by and construed in accordance with Australian law and the parties agree to submit to the exclusive jurisdiction of the Australian Courts.