TERMS AND CONDITIONS OF SALE
MARK ROLTON EDUCATION PTY LTD.
In consideration of Mark Rolton Education Pty Ltd (“the Company”) agreeing to sell to the Purchaser from time-to-time certain products, the Purchaser agrees that the following terms and conditions shall apply to and form part of each order by the Purchaser for the purchase of products from the Company. No person may vary these terms and conditions without approval in writing of the Chief Executive Officer of the Company or his authorised representative. To the maximum extent permitted by law, all terms, warranties and conditions that may be implied by statute into any agreement resulting from the acceptance by the Company of any offer by the Purchaser are hereby negated.
The Purchaser may place orders from time to time for the purchase of the Company’s products, specifying the name and quantity of the products, the preferred delivery date, the address for delivery and the price payable in respect of each publication. In the event that the Purchaser does not nominate the price payable for each publication so ordered, the price shall be the determined by negotiation between the Company and the Purchaser and shall be not substantially dissimilar from the ordinary price payable by an unrelated Purchaser acquiring the same quantity of products from the Company. Such orders may be made in writing or orally by the Purchaser or any employee or agent of the Purchaser. By completing this form, the Purchaser agrees that this clause is, having regard to the nature of the Company’s business, fair and reasonable. The Purchaser acknowledges that such orders will bind the Purchaser if they are accepted by the Company.
Subject to the following, the Company shall deliver the products ordered to the Purchaser’s address for delivery.
The Company shall render an invoice to the Purchaser setting out the name, quantity and price of each of the products ordered and delivered and the total invoice amount payable. The Company’s invoice, in the absence of any manifest error, shall be conclusive proof of the order, the delivery and the amount owing by the Purchaser.
(a) The Purchaser shall pay the Company the total amount of any invoice rendered by the Company to the Purchaser within thirty (30) days from the end of the month in which the goods were delivered.
(b) The Purchaser further agrees that should monies owing under this Agreement remain unpaid beyond a further thirty (30) days after the time of payment, the Company may charge interest on the amount outstanding at the rate of 1.5% per month.
(c) Where the Company receives any payment from the Purchaser, it must direct the payment to the earliest occurring of the Purchaser’s outstanding invoices, unless otherwise agreed by the Purchaser and the Company.
The Purchaser agrees to reimburse and indemnify the Company for all costs and expenses (including legal costs on a solicitor/own client basis and any commissions incurred by the Company in respect of any action taken to recover monies due and payable under the agreement resulting from the acceptance by the Company of any offer by the Purchaser.
The title to any products sold and delivered to the Purchaser shall pass in accordance with the Reservation of Title clause which appears below. However, risk, in respect of products delivered, passes upon delivery.
The Purchaser acknowledges that the Company (acting reasonably) shall be entitled at any time and from time to time to decline, postpone or cancel any order for products. The Company must in declining, postponing or cancelling any order states the reasons for the Company’s actions.
The Company shall not be liable to any person for any loss or damage arising from the failure for whatever reason to deliver all or any products, the subject of an order, on the requested delivery date.
The Purchaser undertakes to promptly notify the Company in the event of the charge in control of the Purchaser and to indemnify the Company in respect of any loss caused by the failure to notify the Company. The Company may upon providing thirty (30) days’ written notice to the Purchaser cancel the Purchaser’s thirty (30) day terms, in which case all monies outstanding including interest shall be payable upon the expiration of the thirty (30) day notice period and all further orders of the products shall be on a cash and delivery basis, or on such other terms as agreed to by the Purchaser and the Company. The agreement constituted by each order upon acceptance shall be governed by the Laws of Queensland and the parties irrevocably submitted to the jurisdiction of the Courts of Queensland.
In the event that the Purchaser is a corporation or partnership, the Purchaser authorises the Company to disclose any of the information contained in this agreement to any credit reporting agency and obtain from any credit reporting agency information concerning the Purchaser.
Returns and Claims
(a) Any claims for no-fault returns (shortage or damage) MUST be submitted in writing within seven (7) days of receipt of the products to the company’s Customer Service Department.
The Company reserves the right to cancel or change the three (3) day live events. Notification will be given to the Purchaser in writing or by telephone if an event is cancelled or postponed. The Company will not be responsible for reimbursement of any costs incurred by the Purchaser regarding travel arrangements to the event. This includes flights, accommodation and transfers.
The Company will send you marketing emails. By completing this form you are agreeing to receive marketing emails. You can unsubscribe at any time.
RESERVATION OF TITLE
Title to the products shall remain with the Company until the total amount due in respect of the products and all other monies owing to the Company on any account whatsoever have been paid by the Purchaser.
Until all amounts owing to the Company on any account with the Purchaser have been paid:
(a) The Purchaser shall hold the products as bailee for the Company.
(b) The products shall be stored in such a manner that they are readily distinguishable from other products owned by the Purchaser or other persons.
(c) Any sale of the products by the Purchaser shall be effected as bailee for the Company and the proceeds of such sale and the rights against its customers arising from any such sale shall be held on trust for the Company. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Purchaser.
In the event that amounts due to the Company in accordance with the terms and conditions of sale have not been paid within the time required by the contract between the Purchaser and the Company, the Company may at any time, subject to these terms and conditions of sale, without notice to the Purchaser and without any prejudice to any other rights which it may have against the Purchaser, terminate any contract relating to the products and enter onto any premises owned or occupied by the Purchaser, repossess the products without being liable for any damage caused, and subsequently dispose of the products at its discretion. In the event that the products are sold by the Company following repossession under this clause, any excess of the sale (less expenses of repossession and sale) over the costs of the products as supplied to the Purchaser shall be paid to the Purchaser, after all the other amounts due from the Purchaser to the Company have been paid.
REFUND POLICY
OVERVIEW
The Mark Rolton Education Refund Policy has been created to give the customer a fair opportunity within 7 days from date of receipt to receive a full, no questions asked refund.
** Please read the Refund Policy below carefully, and note the phrases that have been underlined**
Mark Rolton Education REFUND POLICY
Mark Rolton Education has a 100% Money Back 7 Day Guarantee from date of enrollment After this time and subject to any statutory rights of the customer, Mark Rolton Education will not provide any refunds or permit cancellation of the order and the full amount of the product price is payable as per the order form.
Refund requests must be in writing and delivered to Mark Rolton Education with 7 days from the date of enrolment and can only be approved by Mark Rolton Education.
The Purchaser has 12 months from the date of enrolment to attend a live event.
If the Purchaser does not cancel their attendance within seven (7) days of the live event in which they have confirmed or does not show up for the event for which they confirmed, then the Purchaser will be charged a rebooking fee of $440 plus GST.
Where a physical product has been issued, Mark Rolton Education will provide a refund only if the product has been returned in satisfactory condition to us within 7 days from the date of receipt, after being requested to return the product.
STEPS TO FOLLOW WHEN A CUSTOMER REQUESTS A REFUND
**Please note that the following steps must be followed by a customer to ensure that a refund can be issued**
Typically, a customer will request a refund via email.
As stated in the Mark Rolton Education Refund Policy, refunds may only be approved by Mark Rolton Education and must be received in writing within 7 days from the date of Enrolment.
Please note that all refunds at Mark Rolton Education are approved and processed each Wednesday and will only be processed once the pack (if applicable) has been received.
DISCLAIMER
By completing this document, I agree to be bound by Mark Rolton Education Pty Ltd Terms and Conditions. The information contained in this brochure and in the described materials (‘the information’) represent general comments and s presented for illustrative and educational purposes only. It is not presented, nor should it be treated as real estate advice, legal advice, investment advice, tax advice or any other form of professional advice. If you require professional advice, we urge you to contact a suitable professional to assist and advise you. Your personal individual financial circumstances must be taken into account before you make any investment decision. We urge you to do this in conjunction with a suitably qualified professional. Mark Rolton Education, its employees, presenters, speakers and volunteers do not guarantee your past, present and future investment results whether based on this information or otherwise. The information supplied in the brochure is accurate at time of printing but is always subject to alteration without notice. Mark Rolton Education, its presenters, volunteers and employees may hold shares and/or obtain a benefit from the companies presented and promoted in this brochure and/or in the described materials. All reasonable care has been taken in preparation of this document. To the best of our knowledge no relevant information has been omitted. Mark Rolton Education Pty Ltd disclaims all liability for client’s purchase decisions.
By submitting this form, I acknowledge the Terms and Conditions of Sale, the Purchaser has read them in their entirety and agrees that all terms contained herein are fair and reasonable and are binding and enforceable on the Purchaser.
