Terms

All goods and services are to be paid in full in advance of delivery, unless otherwise agreed in writing.

A. Live presentations – L&D courses, facilitation of groups, webinars
1] In-House Workshops and facilitation
Client to provide the venue, audio visual equipment, refreshments and other equipment as may be agreed.
Client to provide and pre-pay/pre-arrange payment for presenter's return flexible fare air travel from Melbourne (Qantas domestic; Qantas or other airline as agreed for international destinations), hire car (or alternatively taxi reimbursement), and reasonable accommodation and meals at or near the venue (preferably at the venue). Air travel outside of Australia shall be Business Class, with approved airlines.
Spandah shall provide the presenter, manuals or manual file, books, and feedback forms.
The booking, when made, is firm, but may be postponed in writing by client once for up to three calendar months by mutual agreement between Spandah and Client at least 30 days in advance of the scheduled delivery date of the program.
Postponement
i) on less than 30 days' written notice but more than 14 days' notice incurs an additional fee of 25% of the workshop fee.
ii) on 7 to 14 days’ notice incurs an additional fee of 50% of the workshop fee
iii) on less than 7 days’ notice incurs an additional fee of 100% of the workshop fee.
The commencement date of the workshop is not included in the calculation of refund periods.
All postponements must be in writing (by email) - see Contact Us page.
Presentation Fee: to be agreed in writing.
Materials Fee (including books and manuals): To be agreed in writing.
Payment: Presentation Fee and Materials Fee are to be paid in full to Spandah within 14 days after client's confirmation of booking unless other arrangements are agreed in writing prior to confirmation of booking.
An invoice and payment details shall be issued upon receipt of confirmation. Time is of the essence in relation to payment of fees.
Spandah shall print the workshop manuals with client's logo and conference details on the cover if client emails an electronic image of its logo at least 21 days in advance of the workshop.
Reserved dates shall be vacated 7 days after reservation, unless confirmed in writing.

2] Public Workshops
To secure your booking, payment is required in full prior to the workshop in the time-frame specified when booking.
Refunds (live workshops) for cancellation by you:
Cancellation 31 days or more prior to the scheduled live workshop - full refund.
Cancellation 15 - 31 days prior to the scheduled live workshop - 50% of fee refunded.
Cancellation less than 15 days prior to the scheduled live workshop - no refund.
The commencement date of the workshop is not included in the calculation of refund periods.
All cancellations must be in writing (email) - see Contact Us page .

3] Live webinars

Spandah reserves the right at its sole discretion to substitute without notice another presenter on the same topic in place of the advertised presenter.
Your firewall or spam filter (including a firewall or spam filter installed by your organisation or the internet service via which you are attempting to access the webinar) may intercept webinar notices and/or the webinar transmission site. You should whitelist the webinar and the email links related to the webinar.
Spandah is not liable for your inability to receive the webinar arising from
i) the functioning of a spam filter or firewall
ii) interruption of your internet provider services
iii) any other technical problems or failures.
However, if for some reason you are not able to attend the live webinar and if Spandah in its sole discretion records the webinar and decides to make the recording available for replay, you may register for the webinar and access an audio recording, podcast, or webinar recording of the presentation on terms set by Spandah.
You give your irrevocable consent for Spandah to record anything you say or write (text) on the webinar and use the recording for commercial purposes associated with Spandah’s business.
In the event that a webinar cannot proceed or continue for technical or other reasons, Spandah may reschedule the webinar for a later time and date at Spandah’s discretion. The preceding paragraphs in this section apply to the rescheduled or replayed webinar.
In the event that the webinar is a paid (not free) webinar, bookings are firm when made. Subject to any applicable laws there are no refunds if you do not attend.

B. Courses on Spandah Learning Hub
Terms and Conditions for Spandah’s On-Line Courses
1] Definitions
“Course” means any on-line course, unit or units of learning you purchase from Spandah.
“Course Fees” means the amount payable by you to purchase the Course Materials.
“Course Materials” means all material provided from Spandah Learning Hub, or Spandah’s other Course websites, to you following your enrolment in a Course, including but not limited to:
• Audio files, video files, webinars or similar media;
• online learning material (including login passwords);
• assessments and examinations (which may be provided online);
• mentoring and tutoring (which may be provided online); and
• texts and/or other written material.
“Delivery Address” means the email address nominated by you at the time of enrolment.
“Enrolment” means your enrolment in a Course, and is subject to:
• you providing all necessary information to enable Spandah to facilitate and confirm your enrolment in a Course;
• full payment of the Course Fees to Spandah; and
• the final approval of your enrolment Spandah (as provided for in these Terms and Conditions).
“Enrolment Date” means the date on which your Enrolment is confirmed by Spandah or such other date as determined by Spandah.
“GST” means Goods and Services Tax (GST)
“Online Learning System” means an internet based system hosted by Spandah for delivery and management of the Course. The Online Learning System may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments and examinations.
“Program Rules” include any rules, regulations, standards policies, codes, charters and guidelines prescribed and/or endorsed by the Training Provider as in force from time to time.
“Spandah” means Spandah Pty Ltd (ABN 23 104 743 393). The terms “we,” “us” and “our” refer to Spandah Pty Ltd.
“Service” means the sale of the Course to you by Spandah

2] General
You acknowledge and agree that your Enrolment and participation in any Course is subject to these Terms and Conditions, any Program Rules that apply to the Course.
You agree to receive required notices regarding your account and to transact with us electronically. if you do not agree, please do not use the site.
Registration
You must register on our Learning Hub in order to use the Course functions.
During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Spandah and the Spandah Learning Hub such as our blogs. Spandah reserves the right to reject or remove any username.
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.
You acknowledge that you may be prevented from enrolling with us or have your enrolment cancelled if we determine that any of the above statements are untrue, or you are otherwise in breach of these Terms and Conditions.
Account Information and Passwords
When you register, you agree to give us “Registration Information” about yourself that is complete and accurate, and you agree to keep this Registration Information current and accurate. We have the right to suspend or terminate an account and refuse use of the Learning Hub if we reasonably suspect such Registration Information is untrue, inaccurate, out-of-date, or incomplete.
Upon registration, you will be asked to create a password. You MUST NOT share your password. You are solely responsible for securing and maintaining the confidentiality of your password and account, and you agree to accept legal responsibility for all activities that occur under your account. You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session if using a publicly accessible device.
Subject to your compliance with these Terms and Conditions, Spandah grants you permission to access and use the Learning Hub and content as set forth in these Terms and Conditions, and consistent with the intended features and functions of the Learning Hub.

3] Prior Approval by Spandah
You acknowledge and agree that your Enrolment in any Course is subject to the final approval of Spandah and that such approval may be given or withheld at the sole discretion of Spandah. In the event that your Enrolment is rejected by Spandah, you will be provided with a full refund of any Course Fees within 14 business days from the date Spandah advises you of the rejection of your Enrolment.
4] Course Fees and Course Materials Exclusions
Your Enrolment is subject to the prior full payment of any Course Fees. Subject to any exception outlined below, Course Fees cover all Course Materials.
Course Materials (and Course Fees) do not include any examination fees, personal stationery, recommended texts and any other study related material you may elect to purchase.
You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system.
Course Fees are GST inclusive where GST is applicable.
5] Non-transferable
Your Enrolment in a Course is personal to you and may not be transferred to any other person for any reason whatsoever.
6] Delivery of Course Materials
Spandah is not responsible for the costs of any redirection of the Course Materials where you fail to provide Spandah with your correct delivery address, or fail to notify Spandah of any change to the Delivery Address.

You are responsible for the cost of replacing any lost or damaged Course Materials after they have been received by you, including the cost associated with delivering replacement Course Materials.
7] Course Materials Queries and Complaints
Any queries or complaints relating to the Course Materials should be directed to Spandah.
8] Assessment
The mode of assessment (if applicable) varies from Course to Course and may include online assessments, submission of written assessments and examination (or any combination thereof). Spandah reserves the right to change the mode of assessment applicable to a Course at any time in its sole discretion, including after your Enrolment.
9] Time Limits
Unless otherwise agreed by Spandah in writing you are required to complete your Course within 90 days from the Enrolment Date.
10] No Refund
To the maximum extent permitted by law, Spandah has no liability to provide you with a refund of the Course Fees paid (in whole or in part).
11] Copyright and Intellectual Property
Note: Spandah protects its intellectual property vigorously, including through litigation if necessary. However, if you are a consultant, coach or trainer, we understand that you may want to provide access for your clients to our material. If you are interested in selling, coaching or training any of our Course materials, and you have high ethical standards and appropriate skills and experience, contact us to discuss how you might become an affiliate marketer, or an accredited coach or trainer.
All Course Materials are protected by copyright and are intended only for your individual learning purposes.
You must not
i) publish, copy, sell, broadcast, rent, loan, lease or license or otherwise exploit Spandah’s content or technology, or reproduce, re-use or distribute (for fee or otherwise) all or any part of any of the Course Materials otherwise than as permitted by law
ii) modify, translate, distribute or prepare derivative works of the Course or the accompanying documentation
iii) reverse engineer, decompile or disassemble the Course or the accompanying documentation or
iv) remove any proprietary notices, labels, or marks on the Course and accompanying documentation.
Course Materials provided to you may contain licence agreements. Your enrolment is subject to your compliance with any applicable licence agreements.
You indemnify and release Spandah in respect of any action or claim that may arise as a result of your use of any Course Materials otherwise than in accordance with these terms and conditions.
You agree to protect Spandah’s intellectual property rights (including trade marks) and to comply with all reasonable written requests made by Spandah and its authorised representatives in relation to content or other materials, and activities of persons, in order to protect Spandah’s contractual, statutory, and common law rights..
You agree to not submit any offensive or obscene material to Spandah’s Learning Hub or Spandah’s other related websites. Spandah reserves the right to immediately cancel the access of any user submitting such material to the site.
Ownership of Content That You Supply
If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sub-licensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
12] No Warranty or Guarantee as to Career Advancement and Improved Remuneration
Spandah does not represent, warrant or guarantee (expressly or impliedly) that your Enrolment, or completion of any Course, will result in, or improve the likelihood of, you securing any kind of employment or other benefit.
Where you are employed or engaged as an employee or consultant, Spandah does not represent, warrant or guarantee (expressly or impliedly) that your Enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.
You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.
13] No Warranty or as to Successful Completion of Course
Spandah does not represent, warrant or guarantee (expressly or impliedly) that you will meet assessment criteria and successfully complete the Course.
Whilst every effort is made by Spandah to ensure that the Course Materials are accurate and sufficiently detailed to allow you to attain the competency, skills and knowledge to meet any assessment requirements and complete the Course, you are solely responsible for ensuring that you undertake the steps required to meet and fulfil all Course requirements.
14] Computer Compatibility
Spandah strongly recommends that before enrolling in any Course you confirm the compatibility of your computer system and software with the Course Materials, including a PDF reader.
Spandah accepts no responsibility for the incompatibility of Course Materials with your computer system.
For the avoidance of doubt, Spandah will not refund Course Fees on the basis of incompatibility of the Course Materials with your computer system.
15] Errors in the Course Material
Whilst every effort is made by Spandah to ensure the accuracy of Course Materials, Spandah does not represent, warrant or guarantee that Course Materials will be error free, accurate and/or up to date at all times.
For the avoidance of doubt, Spandah will not refund Course Fees on the basis that Course Materials were not error free, accurate and/or up to date.
Spandah may discontinue or change any content, service, function or feature of its Learning Hub or any or all of its Courses at any time with or without notice.

16] Access to Spandah’s Learning Hub
Spandah will use reasonable endeavours to ensure that the Spandah Learning Hub is accessible by you.
Termination by Spandah
Spandah may immediately terminate your account, with subsequent notification, if Spandah reasonably believes that your account is being used to engage in activity that violates applicable law or any provision of these Terms & Conditions. In such event, you will not be entitled to any refund of prepaid fees for Courses or parts of Courses that have not yet been provided.
In addition, at any time Spandah may discontinue parts of Spandah’s Learning Hub or terminate the Learning Hub entirely, for any reason, and remove and discard all or any part of your account or any Content uploaded by you, with or without notice.
You agree that any termination of the Learning Hub, your access to the Learning Hub or any account you may have or portion thereof may be effected without prior notice, and you agree that Spandah will not be liable to you or any third party for any such termination except as described in these Terms. Provided that you have complied with these Terms & Conditions, upon Spandah’s termination of Spandah’s Learning Hub or your account, Spandah will refund an appropriate proportion of any prepaid fees for subscriptions and/or services that have not yet been provided.
Termination by You
You may terminate your membership or subscription at any time by logging into your account and choosing the cancellation option or by calling customer support.
If you terminate your account, refunds are not available for any unused portion of your Course. You will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Learning Hub and Course incurred before termination.
All obligations under these Terms, which by their nature require performance by either party after the termination of your account, shall survive such termination with respect to any events that occurred prior to the effective date of any termination.
Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the Spandah Community Guidelines, which you may access with the Community Guidelines link on the website.
You may not use any program, spider or “bot” or other program to gather or “harvest” information from Spandah’s web sites or the Spandah’s Learning Hub

Changes to the Terms of Use
We may change these Terms & Conditions at any time. You can review the most current version of the Terms & Conditions on Spandah’s website www.spandah.com. If you continue to use Spandah’s web sites after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

 

17] Privacy
Spandah is committed to protecting any personal information we collect about you in accordance with the National Privacy Principles.
Please refer to our Privacy Policy. The Privacy Policy is incorporated into these Terms and Conditions by this reference.
18] Security Risks and Computer Viruses
The Internet operates across insecure, public networks. You assume all risks associated with use of this online learning site, including: the risk of your computer, software or data being damaged by any virus, disabling codes, worms or other devices and defects which might be transmitted or activated via the website, or your access to it or the downloading of files from the online learning site; and connections transmitted to and from the online learning site being intercepted and modified by third parties.
19] Notices
You agree that we may provide to you notices and other information electronically, including notice to any email address that you may provide.
20] No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you, or others, may supply or post, but we have the right to refuse to post, or to edit, submitted content. We reserve the right to remove any content for any reason at any time.
21] Third Party Sites
Company may include on its Site links to third party web sites. You agree that
i) we are not responsible or liable for any content or other materials on third party sites
ii) we are not responsible for any transactions or dealings between you and any third party
iii) we are not responsible for any claim or loss due to a third party site.

22] Information Does Not Represent Professional Advice
The material provided on Spandah’s Learning Hub and web sites are provided as general information only. It is not intended as professional advice and must not be relied upon as such.
Prior to entering into a transaction or taking any particular course of action in connection with Spandah’s Learning Hub or web sites, you should make your own enquiries and seek independent advice tailored to your specific circumstances and objectives.
23] Inconsistency
If these Terms and Conditions conflict with any other document, agreement or arrangement these Terms and Conditions prevail to the extent of the inconsistency.
24] Limitation of Liability
Spandah does not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or other Australian Commonwealth or State legislation that cannot be excluded or restricted.
To the maximum extent permitted by law, Spandah is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from, or in connection with, your purchase of, or Enrolment in, a Course, or the use of any Course Materials.
To the maximum extent permissible by law, Spandah’s liability for breach of any implied warranty or conditions that cannot be excluded is restricted, at Spandah’s option, to:
• the re-supply of the Course or Course Materials; or
• the cost of the re-supply of the Course or Course Materials; or
• any amount paid by you to Spandah in respect of the Course or Course Materials.
You agree that in no circumstances will Spandah be liable for any indirect, incidental, special and/or consequential losses or damages of whatever nature arising out of or in any way connected with, your purchase of, or your Enrolment in a Course, or the use of any Course Materials (including, but not limited to, losses or damages arising out of, or attributable to, an act or omission by, or negligence of, Spandah).
To the extent permitted by law, Spandah disclaims implied warranties including any warranty that the course for which you enrol is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that the Course for which you enrol or its content will meet your requirements, is error-free, reliable, or will operate without interruption.
International Use
We make no representation that content on the Course for which you enrol is appropriate or available for use in locations outside Australia. If you choose to access a Spandah Course from a location outside Australia, you do so on your own initiative and you are responsible for compliance with local laws.
25] Choice of Law and Location for Resolving Disputes
You agree that the laws of Victoria, Australia and Australian Federal law govern these terms of use, its subject matter, your use of the Spandah Learning Hub, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably submit to the non-exclusive jurisdiction of the relevant courts of Australia and their respective courts of appeal.
26] Severability
If any part of these Terms and Conditions is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.
27] Reservation of Rights
Any rights not expressly granted to you herein are reserved by Spandah.

 

 

 

 

 

 

 

C. CDs and DVDs

Defective CDs and DVDs may, at Spandah's option, be replaced by Spandah upon return to Spandah of the unused, defective copies. Alternatively, Spandah may, at its discretion, refund the purchase price and shipping and handling costs after the unused, defective goods have been returned. Defective copies are to be returned to Spandah's Goods Return address stated below.
Spandah shall not be liable for damage sustained to goods whilst in transit during delivery from Spandah or its agents.

Goods Return Address:
Spandah Pty Ltd
4 Commonwealth Tce
Sandhurst
Vic 3977, Australia

D. Books and manuals
Hard copy
Books and manuals containing manufacturing or printing defects may, at Spandah's option, be replaced by Spandah upon return to Spandah of the unused, defective copies. Alternatively, Spandah may, at it's discretion, refund the purchase price and shipping and handling costs after the unused, defective goods have been returned. Defective copies are to be returned to Spandah's Goods Return address (see above).
Spandah shall not be liable for damage sustained to goods whilst in transit during delivery from Spandah or its agents.
'Printing defects' excludes typographical errors.
Non-delivery
Spandah shall not be liable for non-delivery of goods or files unless the non-delivery is directly and solely attributable to Spandah's act or neglect. In any event, Spandah's liability is limited to the following unless otherwise stipulated by binding legislation:
e-books and document downloads
In the event that an e-book or dowloadable document is not received by the purchaser, Spandah shall re-send the e-book.

Audio files sent via the Internet or email
In the event that an electronic audio file is not received by the purchaser, Spandah shall re-send the audio file.

 

MasterProcess- online Guarantee

Full refund on the cost paid by you for the course on the following conditions:
1. You must claim the refund in writing by email at least 48 hours prior to the commencement of the third training session (Step 3), including full reasons for the claim. The amount of refund is the amount in Australian dollars paid for the course.
2. You must have attended the training sessions and group coaching sessions for both Steps 1 and 2, and the Question and Answer session for Step 2.
3. You must
a. inform Spandah by email at least 12 hours prior to the group coaching session for Step 2 that you might, or intend to, claim a refund under this guarantee, and
b. at the request of Spandah’s coach in that group coaching session take the roles of coach and observer in exercises in that group coaching session.
4. You must have genuinely, and on time, completed the recommended off-line practice sessions for Steps 1 and 2 and submitted the required practice summaries, transcripts and self-assessments for those sessions.
5. You have not learned anything of value in, or as a result of, the course up until the time of your claim for refund.
6. You must provide a valid bank account number and account name, and bank branch details and (if relevant) SWIFT code or other bank deposit information.
7. If you allege that you have previously learned the MasterProcess technique or a substantially similar process,
a. you provide
i. copies of original documents that detail the actual process that you previously learned, and
ii. the name and address of the person or organisation from whom you learned it, and
iii. the date and place where you learned it
b. you attend an exit interview by video link, Skype or similar video technology with one of Spandah’s representatives to discuss that allegation.