(i) the schedule of the Event, including the advertised programs, Coaches, attendees, activities, programs operated at the Event, venue(s), accommodation arrangements and any other ticket categories; and
(ii) the date of the Event or any other part of the Event.
(c) To the extent permitted by law, where we cancel or vary an Event, we will not be liable for any other loss, damage, charge or expense (including special, incidental or consequential) incurred by you as a result of such cancellation or variation including without limitation the costs of any travel to the Event. You incur such expenses at your own risk.
(i) The meals may be provided by third parties service providers (e.g. restaurants or hotels) and you are responsible for confirming with that service provider that they are suitable for your consumption based on your personal dietary requirements;
(ii) you must notify us at least 1 month prior to the start date of the Event if you have any food allergies, intolerances, medical conditions or other dietary requirements;
(iii) while we will use our best endeavours to ensure all meals consider food allergies and intolerances, we cannot guarantee any meals will be suitable and you will be responsible for notifying us in advance of any dietary requirements;
(i) We do not condone excessive or binge drinking and promote responsible drinking of alcohol;
(ii) you must always abide by state and federal laws regarding lawful drinking practices;
(iii) you must not participate in any physical activities at the Event while under the influence of alcohol or any other drugs or illicit substances as those substances impair your ability to participate safely and may result in significant injury or death to you or others; and
(iv) we reserve the right to refuse your further participation in the Event if we suspect that you have not complied with this clause (in which case you will not be entitled to any refund).
(c) you assume all risks and liability for injuries to or deaths of
persons or damage to property arising in connection with your
participation in the Activities;
(i) Understand the risks and requirements of the Activities that you will participate in as part of your Order;
(ii) possess the necessary fitness and are physically able to participate in all activities that form part of the Event; and
(iii) do not have any medical conditions or mobility issues which may affect your ability to participate in any Activities under an Order which have not been notified to BJJ Escapes.
i) it is solely your responsibility to ensure that you have a passport and/or visa that complies with any entry and exit requirements of the countries you intend to travel to;
(ii) you will advise us at the time of making your Order if you do not have a valid passport, visa or other travel permit for the destination you intend to travel to;
(iii) any information we provide to you regarding passport and/or visa requirements is of general nature only and should not be relied upon you as professional advice; and
(iv) BJJ Escapes will not be liable to you for any losses whatsoever that you incur in connection with any issues with your passport and/or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country.
(i) it is entirely your responsibility to meet any health requirements and recommendations associated with your travel destination; and
(ii) you might be denied entry to some countries or be refused from participating in certain Activities if you do not present certain health-related documentation (such as proof of vaccinations).
We may direct you to a third-party ticketing platform (currently Wix) (Ticketing System) to complete your order and enable you to purchase a Ticket for an Event. You acknowledge and agree that:
(a) the issuing of Tickets by the Ticketing Systems will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Ticketing System and we are not liable for the security or performance of the Ticketing System;
(b) the Ticketing System may charge a transaction fee in addition to any Fees payable for the Ticket;
(c) once the Ticket is issued to you by the Ticketing System, additional charges may be charged if you need to update the details on your Ticket;
(d) you are responsible for ensuring the details on the Ticket are correct and we will not be responsible for any incorrect or incomplete information you provide to us in an Order you agree to indemnify us for any loss or damage incurred as a result of providing such information.
(a) You must pay the fees for Tickets (Fees) in the amounts, and on or before the due dates, set out at the time of placing an Order and/or on an invoice issued by us to you (Invoice). You must pay the deposit via our Website (or via the Ticketing System) at the time of placing an Order to secure your Ticket.
(b) We will issue an Invoice to you for the payment of any remaining Fees. You must pay the Fees in accordance with the remittance method set out in an invoice.
(c) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
(d) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) We may use third-party payment providers (Payment Providers) to collect payments for Tickets, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) In the event that we discover an error or inaccuracy in the price at which your Order was purchased, we will attempt to contact you as soon as possible and discuss options to rectify the error.
(g) We may at our sole discretion allow you to pay the Fees in instalments. If we allow payment in instalments, you must pay each instalment in the amounts and at the times advised by us at the time of placing an Order.
(a) Deposits are non-refundable or transferable.
(b) Cancelations made 70 days or more before the event start date, will be refunded (less any bank or exchange fees) in full. (minus your initial deposit).
(c) If you cancel 69 days or less before the event start date, you will forfeit your entire payment.
(d) Credits for use at a future event are not available.
(e) Non-attendance of any event or part of an event by you for any reason does not provide the right to refund or for you to reschedule your Ticket to a later event. Due to our need to commit to accommodation and vendor arrangements in advance, exceptions to the above conditions cannot be made for any reason.
(a) If we are required to cancel or reschedule an Event due to any decision of government authority in relation to COVID-19, we will notify you as soon as possible and the Event will be rescheduled (Rescheduled Event). In such circumstances, to the extent permitted by law, you will not be entitled to a refund and you will be provided with a credit of your Fees (less any cancellation charges incurred by BJJ Escapes in rescheduling the Event) (Credit) which can be applied to the Rescheduled Event.
(b) If you are unable to attend the Rescheduled Event, we may (at our discretion) allow you to use the Credit for future BJJ Escapes events that you are able to attend.
(c) Other than in circumstances where we cancel under clause 23 if your Ticket or an Event is cancelled by us:
(i) We will not be in breach of these terms & conditions by virtue of the cancellation; and
(ii) We will notify you and provide you with a full refund of any fees paid for such Ticket or Event or offer you an exchange for an alternative Event or credit.
(a) We may do any of the following:
(i) outsource any part of performing any services related to your Order, Ticket or the Event; or
(ii) procure materials and products from third-party suppliers, without further notice or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order or are negligent in providing services or goods.
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of BJJ Escapes;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Tickets;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create an undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of BJJ Escapes, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
(a) BJJ Escapes retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from BJJ Escapes or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
(a) You acknowledge and agree that third-party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third-party goods and services, and BJJ Escapes will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
(a) This Website is powered by a third-party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third-party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
(i) breach of any term of this agreement;
(ii) use of the Website; or
(iii) negligent, fraudulent or criminal act or omission.
(b) If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations under this agreement.
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of our control;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of government authority in relation to COVID-19, or any threat of COVID-19 beyond our reasonable control, to the extent it affects our ability to perform its obligations.
24.3 SEVERANCE
24.4 JOINT AND SEVERAL LIABILITY
(a) (singular and plural) words in the singular include the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender include the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified on our Website, or if no email address is specified on our Website, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.