This Agreement

is made on date of purchase by You

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Between

TMDC (the Seller)

and

You (the Buyer)

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1. BACKGROUND

A. The Seller has agreed to provide you the service as intended by the seller, and you have agreed to pay for the chosen service and accept that it is delivered in the method as the seller intends.

B. The Seller and You have agreed to enter into this Contract to record the terms and conditions of your purchase and of the service being provided.

C. The Seller acknowledges its obligation to apply the applicable consumer protections to you and to abide by the provisions contained in any relevant legislation.

D. You agree and acknowledge that the purpose of the service does not guarantee you success, does not guarantee you a certainty of preventing employment or legal proceedings against you, but is intended with the purpose to potentially upskill you as intended by the service.

E. You acknowledge and agree to the contents of this contract and enter into this contract willingly, with no other influences, and that You have made the decision to enter into this agreement. You understand and agree that by entering this contract, you are bound by the terms, conditions and contents of this contract from now until after you have paid and received the service, and that you understand all that is stipulated in this contract.

F.  You agree that the lessons learnt from the service provided is solely to provide techniques and you acknowledge and agree that however you utilise these lessons is at your own will and that the Seller is not liable for any misuse and/or non-use of the application of the skills.

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The Seller And You Agree that:

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1.DEFINITIONS

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a) "Buyer" means any person, body corporate or entity which purchases or orders the Goods or Services from the Seller.

b) "Conditions" means these terms and conditions for the supply of the Goods or Services by the Seller to the Buyer, as amended or varied in writing by the Seller.

c) "Contract" means a contract between the Seller and the Buyer for the sale of the Goods or Services.

d) "Goods or Services" means all Goods or Services delivered by the Seller to the Buyer or to be delivered by the Seller to the Buyer. This is inclusive but not limited to online or otherwise.

e) “Licensed User” means a natural person who the Organisation has granted access to data within the organisation, whether through the website, online or otherwise, following their registration on the Site and within the Organisation, and unqualified acceptance of these terms and conditions.

f) “Organisation” means “Seller” means “TMDC” means TMDC: Talent, Management, Development, Culture

g)"Seller" means TMDC ABN 55963831363.

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2.COMMENCEMENT AND WARRANTIES​

1. The date of commencement of the service with the Seller is on the selected date chosen at time of purchase, for the duration of the chosen service.

2. You agree that:

(a)the service being provided is only intended to provide skills and techniques with the potential to upskill your current abilities where the service is intended to help you upskill

(b)you enter into this contract without any form of coercion

(c)you decided on the purchase willingly and knowingly regards to your current status which includes but is not limited to: your financial status at the time of purchase, your emotional status at the time of purchase, your ability to attend the session

(d)the Seller is an organisation providing the Buyer a service to upskill in leadership skills and is subject to your compliance with these Terms and Conditions as set forth below. These Terms and Conditions form the basis for the contractual engagement of the Seller's services (online or otherwise), and website www.tmdc.net.au, whether by way of any third party contractual agreement, written or oral agreement, onsite registration or any other instruction or advice, and shall be binding on all natural persons, organisations/companies and/or corporate entities and their representatives alike. 

(e)these Conditions apply to all orders placed by the Buyer with the Seller unless otherwise agreed in writing by a duly authorised officer of the Seller.

(f)any order made by the Buyer is not binding on the Seller until accepted by the Seller in writing. A Contract will be formed upon the written acceptance by the Seller of an order for the Goods or Services by the Buyer. The Buyer acknowledges that it will be bound by these Conditions which will form part of the Contract. The Contract may only be varied with the Seller's prior written consent. To the extent any conflict exists between these Conditions and any other documentation or correspondence forming part of the Contract, these Conditions are paramount and prevail.

(g)no terms stated by the Buyer in making an order will be binding upon the Seller unless accepted in writing by a duly authorised officer of the Seller.

(h)these Conditions supersede all terms and conditions of sale previously issued by the Seller.

(i)any quotation issued by the Seller is not and will not be construed as an offer capable of acceptance by the Buyer.

(j)Seller may decline order

(k)the Seller reserves the right, in its sole discretion, to decline any order or part thereof. Any order or part thereof not accepted is deemed cancelled. The Seller requires that any order of Goods or Services be in writing.

(l)Governing Law & Submission to jurisdiction.

(m)all of the Conditions and the Contracts will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.

(n)If you had decided that you do not agree to any of the terms and conditions that you had the opportunity and choice to not proceed with the purchase and contents within this contract but due to settling the payment and proceeding with the service that you have decided to make the purchase and have accepted all terms and conditions within this contract

(o)you are legally bound by the contractual terms and conditions of this contract

(p)when using the service, that you have sole responsibility of ensuring your equipment, software and whatever else is required to utilise the service is optimal to receive the service.

(q)the Seller holds no liability should the seller not be able to provide you the full experience of the service due to the Buyer’s fault

(r)the Seller reserves sole discretion of considering case by case situation to offer rescheduling of a program should 2(p), (q) and/or (r) occurs but is not obligated to provide this.

(s)that if the Seller does solely decide to enforce 2(s), that this will be out of goodwill and consideration for the Buyer and that should the Buyer decline the proposed rescheduled service, then there may not be another offer made, but the service will still remain non-refundable (whether it be part or full amount)

(t)the Seller reserves the right to change or modify the Terms and Conditions applicable to the Site and its associated assistance services, or to impose new Terms and Conditions without notice.

(u)the use of your personal information the Seller obtains and all information relating to you, including your IP address, name, mailing address, email address, use of the website and services, and any other personal information for its internal business, client management purposes and related and/or applicable third parties. This is inclusive but not limited to business functions such as marketing, testimonials, and other business activities in which you agree the Seller may have full utilisation.

(v)to provide true, accurate, current, and complete information about yourself and your accounts maintained at other websites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

(w)to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service, including but not limited to, any content associated with the service. You agree that negative, false and any type of content that may harm the Organisation’s reputation or misrepresent the Organisation in any way, you share, whether it be, inclusive of and not limited to, online, through word of mouth, on third-parties’ platforms, and social media is prohibited and that the Organisation may take legal action against you. You agree that providing negative feedback back to the business will follow a strict procedure of emailing to info@tmdc.net.au stipulating your full name and contact details, and stipulating your expression of dissatisfaction with details of the complaint, for the Organisation to review and potentially mitigate internally.

(x)by using the website and/or service and/or otherwise, you authorise TMDC to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant TMDC a limited power of attorney, and you hereby appoint TMDC as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstituting, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when TMDC accesses and retrieves information from third party sites, TMDC are acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service. You acknowledge that through the use of this service, TMDC shall have access to your account credentials, including, but not limited to login username and passwords.

(y)that your use of the service and all information, products, and other content (including that of third parties) included in or accessible from the service is at your sole risk. The service is provided on an "as is" and "as available" basis. TMDC expressly disclaim all warranties of any kind as to the service and all information, products and other content (including that of third parties) included in or accessible from the service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. TMDC make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected.

(z)any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from TMDC through or from the service will create any warranty not expressly stated in these terms.

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3.Program specific scope and conditions

The Organisation does not give any guarantee of program outcomes or success factors. It is the responsibility of the participating person to comply with all assistance program instructions/structures and formats, plus complete all tasks in a timely and accurate manner. Where a program is funded by a third party (a natural person, any business, organisation, corporate entity and/or related third party) the clinical nature of the relationship with the participating person and counsellor/consultant means that no information (excepting personal welfare issues) about the participating person's progress or otherwise can be discussed or disclosed by the Organisation and/or its consultants to any natural person, organisation and/or corporate entity. Where a program is funded or promised to be by a third party (a natural person, any business, organisation, corporate entity and/or related third party) the person, entity and/or its responsible officers will provide all reasonable initial and ongoing unimpeded assistance, support, consideration, accurate and salient information to the Organisation to enable completion of the contract.  Plus, refrain from any intervention or interference and ensure complete compliance with these Terms and Conditions by all involved parties.  If applicable, also provide adequate on-site facilities (including reliable internet access) and safety to the Organisation and/or its consultants.

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4.Commercial use of material including, copyright and/or third party enquiries

The Organisation does not authorise the use of any textual and/or graphical material on the website or otherwise, for commercial/non-commercial use, gain or personal reasons under any circumstances. The Organisation has developed a range of services, systems and intellectual property that are valuable and remain the sole property of the Organisation. All material, systems and methods on this website and by the Organisation and/or related sites are subject to strict copyright and may not be linked, given or distributed in any format (including "word of mouth") to an unauthorised third party (natural person, organisation and/or corporate entity). Any third party (natural person, organisation and/or corporate entity) wishing to enquire about the Organisation programs services/scope must do so in writing.  Any undeclared or disguised approach for information may be deemed as either theft by deception or conspiracy to defraud and will be vigorously prosecuted in every instance.

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5.The Organisation's Liability.

a) The material and contents may contain inaccuracies or typographical errors. The Organisation makes no representations about the accuracy, reliability, completeness, or timeliness of the material or contents or about the results to be obtained from using the service. Use of the service is at your own risk. Changes are periodically made to the service and may be made at any time.

b) The Organisation does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods or conditions. If your use of the website or the material results in the need for servicing or replacing equipment or data, the Organisation is not responsible for those costs.

c) The website and content are provided on an 'as is' basis without any warranties of any kind. The Organisation and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for a particular purpose. The Organisation and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics and links.

d) All information displayed on the website (including blogs) is not advice and should not be construed or used as such...it is simply promotional material and general in nature.  No warranty is given or implied as to the accuracy or appropriateness of any information, statements and/or consequences...the information displayed will not be applicable to everyone viewing the Site.

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6.Disclaimer of Consequential Damages.

In no event shall the Organisation, its suppliers, or any third parties mentioned at the website or service be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Organisation is advised of the possibility of such damages.

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7.User Submissions.

Any communication which you post to the website or transmit to the Organisation or to the Seller by e-mail or other media can be used by the Organisation on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

As a licensed user of the website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

The Licensed User takes sole responsibility for the suitability, compatibility and maintenance of their own computer systems (both software and hardware), including proper anti-virus protection.  The Organisation does not take any responsibility for the suitability or otherwise of the User's software, hardware or equipment, and does not guarantee in any way whatsoever the connectivity to the Organisation's systems.

The Organisation does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the website or endorse any opinions expressed by users of the website. You acknowledge that any reliance on material posted by other users of the website will be at your own risk.

The Organisation does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the website. If notified by a user of communications which allegedly do not conform to this agreement, the Organisation may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Organisation has no liability or responsibility to users of the website for performance or non-performance of such activities. The Organisation reserves the right to expel users of the website and prevent their further access to the Site for violating this agreement or any law or regulation.

The Organisation reserves the right (without notice and at its sole discretion) to remove any communications from the website or related sites which are unacceptable to the Organisation, are abusive, illegal, disruptive or those that may offend prevailing community standards.

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8.Links to Other Sites.

The website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Organisation of the contents on such third-party websites.

The Organisation is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of material on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

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9.Software Licenses.

All software that is made available for downloading from the website ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such Software ("License Agreement").

The downloading and use of such Software is conditional on your agreement to be bound by the terms of the License Agreement.

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10.Limitation of Liability.

Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for the Organisation to you for all claims arising from the use of the materials (including Software) is limited to $100.

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11.Indemnity.

You agree to defend, indemnify, and hold harmless the Organisation, its officers, directors, employees and agents, from and against any claims, actions or third party demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the material (including Software) in violation of these stated Terms and Conditions.

You agree to indemnify the Organisation, its officers, directors, employees and agents for all reasonable legal and accounting fees, travel costs and/or out of pocket expenses incurred by the Organisation in either enforcing or defending any legal action instituted in relation to any alleged non-compliance or breach of contract in relation to these stated Terms and Conditions.

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12.User Information.

The Organisation will only use the information it obtains relating to you, including your IP address, name, mailing address, email address, use of the Site and any other personal information for its internal business and client management purposes.

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13.FEE for service

The Organisation is a privately owned organisation providing leadership upskilling services for a specified fee and does not offer marketing enticements such as a free consultation, try before you buy, promotional discounts or any other like unethical inducements. The service type is able to be changed without prior notice at the Seller’s sole discretion.

You understand, agree, and acknowledge that prices are at the discretion of the Seller and may change without prior notice. All prices are subject to GST whether it be inclusive or exclusive, which is at the Seller’s sole discretion. All prices are in Australian Dollars (AUD), but this may change at the Seller’s sole discretion.

The fee for service must be paid in full through the online purchase, unless agreed or decided upon by the Seller, prior to commencement of the program. Should payments not be received within the agreed time, the service may be forfeited or not go ahead. Should the Buyer pay for a service and not attend or cancel in accordance to the cancellation policy (s14), the Buyer agrees that they will not be refunded the entire amount and it will be deemed as the Buyer’s fault for not utilising the paid service within the timeframe chosen. The Seller is not obligated, nor will the Seller conduct postponement of the service after the designated time is not attended, unless under exceptional circumstances, in which it must be provided with written communication and evidence to the Seller, but is still at the Seller’s discretion on whether to deem the reason to be accepted or declined. As per the Legislation and the Australian Competition and Consumer Commission (ACCC), such reasons, inclusive of but not limited to, change of mind, insisting on having a service provided in a particular way against the Seller’s advice, failing to clearly explain your needs to the Seller are unreasonable reasons for a refund of service and therefore automatically constitutes in non-refund of purchase. Forgetting to use the service also automatically constitutes as a non-refundable purchase. All service and subscriptions must be pre-paid in full prior to service commencing. Failure to pay will result in the discontinuation of subscription services despite whether the Buyer is within or outside their 6 months lock in. The Buyer agrees that service may stop at any time initiated by the Seller and that no action may be taken against the Seller should this occur due to the non-payment. The TMDC Leadership program and all other programs and offerings offered by TMDC is priced and quoted as per consultation. TMDC reserves the right to amend these fees at its discretion at any time without notice. Minimum engagement may be enforceable dependant on offering and service, and the Buyer may be subject to early cancellation fees. These will be discussed and determined at consultation.

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14.Cancellation policy

14.1You acknowledge and agree that the Buyer must provide at least one weeks’ notice prior to first day of service for cancellation to receive a full refund of the service. You acknowledge and agree that failure to do so within the given timeframe, by one minute of the scheduled time mark, will result in a non-refundable purchase. This means, for Example 1, that if the Buyer purchases a service to begin at 8.00am AEST (Melbourne, Victoria, Australia time, inclusive of consideration of Daylights Savings and non-daylights savings) on Monday 13 January 2025, but the cancellation request has been received at 8:01am AEST (Melbourne, Victoria, Australia time, inclusive of consideration of Daylights Savings and non-daylights savings) on Monday 6 January 2025, the approval of cancellation may not be approved and the purchase may result in a non-refundable purchase. You agree with all services, that you are locked in for a minimum of the period stipulated to you at consultation and any early cancellation will result in the remaining time up to the completion of which the term was due to end is payable. For example, if the service you agreed upon is a duration of 5 months and you cancel after your first month, then the remainder 4 months is payable regardless of receiving service due to your own cancellation unless otherwise agreed upon. In example 2, if you agree to the duration of 10 months and cancel after the first month, the remaining 9 months may be payable unless otherwise agreed upon. Further, if a service requires a minimum number of participants and during the term the number of participants falls below this threshold, you agree that the charge of service will continue to remain the same for the remainder of the period. For example, if a service requires a minimum of three participants and you agree and a month into the program one or two participants drop off from the service, you agree that you will continue to pay at the rate of three participants until the completion of the service unless otherwise agreed upon. You agree that TMDC has the discretion to amend the cancellation policy at any time.

14.2You agree that in order to cancel your purchase, you must email info@tmdc.net.au along with a copy of your tax invoice inclusive of your full name, contact number, email and state the reason for cancelling in order for the cancellation policy to activate. Failure to do so or failure to provide any one of these elements will constitute in non-activation of the cancellation policy and you agree that you will receive no refund. Through purchasing the service, you acknowledge and agree that you have read and understood this cancellation policy and that by purchasing the service, you are bound by the cancellation policy terms and conditions.

 

15.Warranty and Liability

15.1Subject to any condition, warranty or right implied or imposed by the Competition and Consumer Act 2010 (Cth) (CCA) or any other law which cannot by law be excluded by agreement, or any express provision in these Conditions, the Seller gives no warranties regarding any Goods or Services supplied and all other implied or imposed conditions, warranties and rights are excluded. Where any condition, warranty or right is implied or imposed by law and cannot be excluded, the Seller limits its liability for breach of that implied or imposed condition, warranty or right to the fullest extent permitted by law.

15.2Subject to the qualifications in section 64A of Schedule 2 of the CCA or any other law, the Seller's liability for any breach of any implied or imposed condition, warranty or right in connection with the supply of Goods or Services is limited to one or more of the following (at the election of the Seller):

(i) replacement of the Goods or Services or supply of Goods or Services equivalent to the Goods or Services;

(ii) repair of the Goods or Services;

(iii) payment of the cost of replacing the Goods or Services or acquiring Goods or Services equivalent to the Goods or Services;

(iv) payment of the cost of having the Goods or Services repaired.

15.3Subject to clause 19 and despite any implication arising from any other provisions of these Conditions:

(i) to the fullest extent permitted by law, the Seller will only be liable for a safety defect (as defined in the CCA) in any Good if the Buyer notifies the Seller in writing of the safety defect (as defined in the CCA) in any such Good within five (5) business days after the date of receipt and the Seller accepts such liability;

(ii) the Seller is not liable to the Buyer, its servants, agents or contractors, in contract, in tort (including negligence), under any statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any indirect or consequential loss or damage including without limitation financial loss or expense including loss of opportunity, loss of profits or loss of goodwill suffered by the Buyer or any other person arising directly or indirectly out of or in anyway attributable to the Goods or Services, or their delivery, or the performance of the Contract for the sale of the Goods or Services upon these Conditions even if that loss or damage was in the contemplation of the parties at the time of entry into the Contract; and

(iii) subject to clause 13, the aggregate liability of the Seller in contract, in tort (including negligence), under statute (to the fullest extent permitted by law) or otherwise for, or in respect of, any loss or damage arising directly or indirectly out of or in anyway attributable to the Goods or Services, or their delivery, or the performance of the Contract will not exceed 10% of the amount payable to the Seller under the Contract.

15.4Where the Seller elects to replace the Goods or Services the Seller will credit the cost of the Goods or Services being replaced and will replace them as soon as possible with other Goods or Services of the same or equivalent kind at the price charged for the original Goods or Services and otherwise upon the same terms and conditions as those to which the original Goods or Services were subject.

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16.Termination by the Seller

Without prejudice to any of its other rights, powers or remedies, the Seller may cancel any order for the delivery of Goods or Services and terminate any contract governed by these Conditions if:

(a) the terms of payment for any Goods or Services delivered to the Buyer by the Seller have not been strictly adhered to by the Buyer;

(b) the Buyer defaults under any of its obligations under these Conditions; or

(c) the Buyer becomes insolvent, commits an act of bankruptcy or, being a company, a liquidator, provisional liquidator, receiver, receiver and manager, administrator or official manager is appointed in respect of the Buyer, a mortgagee goes into possession of the Buyer's assets or business, an application is made to appoint a liquidator or to have the company wound up, the Buyer is made subject to the supervision of a court or enters into a scheme of arrangement with its creditors or if anything analogous occurs in respect of the Buyer, in which case, the Seller will be released from all liability under the Contract.

The Seller will be entitled to payment for all Goods or Services delivered up to the effective date of termination. Termination of a Contract is without prejudice to the rights of the Seller accruing up to the date of termination.

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17. General

17.1The site is based in Melbourne or otherwise (such as Online), servicing throughout Australia and potentially overseas. The Organisation makes no claims that the materials are appropriate or may be downloadable outside of Australia. Access to the materials (including Software, service contents and any information relating to the Organisation) may not be legal by certain persons in certain countries. If you access the site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by Australian Federal and Victorian State laws as applicable, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or software license or material on particular pages of the site and/or service, this agreement constitutes the entire agreement between you and the Organisation with respect to the use of the site, plus all Organisation services (online or otherwise).

17.2Any reference on the Site or other promotional material to the "hidden job market" should not be construed as access to current or future job openings, any key personnel or employers.

17.3The Organisation provides specialist leadership upskilling services only; is not a recruiter, government job agency, training organisation, search/placement business, life coach, secretarial/typing/proofreading service or migration agency.  The Organisation does not have expertise in immigration, business/financial management, psychiatry/psychology or any similarly related discipline, industrial law, Australian or international law (income is solely derived as specified in clause 13).

17.4The Organisation does not warrant that its services (online or otherwise) are suitable for all individual, organisation or corporate needs and circumstances.  Prospective individual and/or corporate clients are responsible for performing their own due diligence prior to engaging the Organisation's services.  The scope of the Organisation's assistance services is set out on this website.

17.5"Force Majeure" may be declared on any contract in the event of exceptional circumstances outside the control of the Organisation.

17.6The engagement of the Organisation's assistance services (online or otherwise) is governed by and in accordance with the laws of the State of Victoria, Australia (also refer 17.1); and all parties agree to submit to the exclusive jurisdiction of the Courts of Victoria, Australia.

17.7To access any of the Organisation's services (online or otherwise) a person must be 18 years of age, or older, or if under 18 must have purchase of service approved and completed by a parent or guardian if applicable. Should a purchase be made by a Buyer who is under 18 years of age, without consent, but the purchase has been completed, the Seller has no obligation to refund the amount if the cancellation policy (s14) has not been met. This is inclusive but not limited to if the under 18 years of age uses a parent or guardian’s purchasing means to settle a transaction and purchases a service. The parent or guardian holds full responsibility of the actions of the under 18 year old, even if they utilise their assets to make a purchase. The Seller holds no responsibility of these actions; should the under 18 years of age Buyer attend the schedule, the Seller has no obligation to cancel the session, check authorisation of the session nor holds any special or additional liability of the liabilities already held towards the individual.

17.8All or any information supplied to the Organisation by program participants, companies/organisations and/or related third parties (both post and pre-engagement of the Organisation's assistance services) must be accurate and correct.  The Organisation does not conduct validation checks and relies solely on the participants or related third party's candour and "good faith" in relation to the truthfulness and bona fides of both written and verbal information supplied via any manner, source or media. Critical, relevant, salient, or vital information omitted, altered, overlooked, partly disclosed, misrepresented or withheld (wilfully or otherwise) is deemed to be in breach of this clause.

17.9The quality, relevance, accuracy, format and timing of service applications and/or like documents are the sole responsibility of the program participant.

17.10Although all due care is taken and genuine online debate encouraged, the Organisation is not responsible for any third-party postings on the website such as blogs or any indirect postings via similar forums.  The expression of individual opinions, wants or requirements is a reflection of an individual's private thoughts and feelings only and not that of the Organisation.

17.11The primary mode for all communications is via the Organisation’s email address info@tmdc.net.au.

17.12Tender and quotation documents and supporting information are a confidential interaction between the Organisation and a prospective client/s.  Accordingly, all involved party/s must act in a reasonable way to protect the Organisation submissions/intellectual property, and not to share or directly provide access to this information to a competing tenderer or supplier.

17.13All advice and resources supplied to a third party/s as part of an unsuccessful tender/quotation process will at all times remain the intellectual property of the Organisation and are subject to strict copyright and confidentiality conditions that forbid their unauthorised use under any circumstances.  Involved party/s are required to permanently delete all electronic files and communications, plus shred all hard copy documents including printouts within 24 hours of tender/quotation finalisation.

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18.Severability

These Terms and Conditions will be enforced to the fullest extent permitted by applicable law (refer 17.6).  If anything in these Terms and Conditions is unenforceable, illegal or void, then it is severed and the rest of the Terms and Conditions remain in force.

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19.Entire Agreement

These Terms and Conditions constitute the entire agreement between the Organisation and other parties concerning the subject matter of these Terms and Conditions and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements made by the Organisation, its employees and/or consultants.

If you wish to notify the Organisation about anything relating to these Terms and Conditions please contact us on info@tmdc.net.au

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20.Changes or Variations

No changes or variations to these Terms and Conditions will be negotiated or accepted. The Organisation and its authorised representatives accept responsibility ONLY within the specified scope and framework of these Terms and Conditions

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21.Acknowledgement

I, the Buyer, have read and understood all the contents of this contract and accept and my purchase from the seller signifies my agreement to all the terms and conditions of this contract.