1 Agreement
1.1 As a visitor to our website or customer of our services, this document outlines the sole agreement between you, the customer, and us, Yamurrah Pty Ltd (ACN 158 474 643) (Yamurrah).
1.2 In this agreement, a reference to:
(a) “party” is a reference to either you, the customer, or Yamurrah;
(b) “includes”, means without limitation; and
(c) “agreement”, means the terms and conditions outlined in this document.
1.3 This is important: Your registration via our website at “yamurrah.com.au” or otherwise by email to us, constitutes your express acceptance of this agreement. By using our services or browsing our website, you expressly agree to be legally bound by the terms and conditions outlined below.
1.4 For notices under this agreement, please send an email on a business day in New South Wales to info@yamurrah.com.au.
2 Registration Process
2.1 Upon registration into the system, you will receive a confirmation email confirming your attendance, at which point, you are confirmed.
2.2 In the lead up to the training you will receive further information regarding venue and other details.
3 Attending the Training
3.1 For in-person events: the training will begin on time, so we encourage all participants to arrive to the training 15 minutes prior to the commencement time to settle into the space to enjoy arrival refreshments.
3.2 For online training: participants should log in within 10 minutes of the commencement time to check they are able to connect and troubleshoot any technical difficulties that may arise.
3.3 We are unable to provide refunds for last minute cancellations or late arrivals.
3.4 If you are unable to attend or suspect you will be running late, please notify us as soon as possible, as this may affect your entitlement to a refund.
3.5 Should you need to attend to any external matters, approximate break times will be advised at the beginning of the training to support you. We completely understand the need to have mobile phones on hand, however, for yourself and the other participants we request that phones are switched to silent and, if there is a matter that needs to be attended to urgently, that you step outside the room to minimise distractions.
3.6 We take your wellbeing during the training very seriously and will always have a number of team members available to provide you with support. We welcome any participants to see the team before, during, and after the training for support or to discuss any concerns.
3.7 Where available at in-person training events, participants are provided with a complimentary refreshments package that may include tea, coffee, morning tea, lunch, and afternoon tea; however, participants are responsible for organising all other expenses related to attending the event, such as travel and accommodation.
4 Cancellation Policy
4.1 Should you or another participant need to withdraw from a scheduled event or otherwise reallocate your registration, you must notify us in writing prior to the start date of the event (Cancellation Notice), in which case, you are entitled to:
(a) where a Cancellation Notice is provided more than 14 days prior to the start date, a full refund of any prepaid fees;
(b) otherwise where a Cancellation Notice is provided more than 7 days prior to the start date, a 50% refund of any prepaid fees; or
(c) otherwise, no refund of any fees.
4.2 By using our services, you expressly agree that this cancellation policy is a reasonable and necessary allocation of risk between the parties, and that we would not be able to provide our services but for reliance on this policy.
4.3 In the rare event that Yamurrah may require to cancel a scheduled event, you will be entitled to a full refund of any prepaid fees, but Yamurrah will not otherwise incur any liability for losses related to your preparation for the event, whether direct, consequential, or otherwise.
5 Certification of Attendance
5.1 Following completion of the training, you will be provided with a certificate via email.
6 Intellectual Property Notice
6.1 At Yamurrah, we are committed to providing high-quality training programs that respect and uphold intellectual property and moral rights (IP Rights).
6.2 All materials presented during our training sessions, including but not limited to presentations, documents, videos, and any supplementary resources, are owned by Yamurrah or the respective IP Rights holder as identified in the materials.
6.3 All IP Rights not expressly credited to a third party are expressly reserved in full by Yamurrah, and this agreement does not contemplate or confer any transfer or licence of IP Rights in any materials to you whatsoever.
6.4 For any questions regarding the use of our training materials or to seek permission for any specific use, please contact us info@yamurrah.com.au.
7 Collection of Participant Information
7.1 Yamurrah takes the privacy of participants seriously and has secure processes in place. For more information please read our privacy policy.
8 Limitation of liability
8.1 Except for liability which cannot be limited at law, Yamurrah’s entire liability under this agreement or in any way related to this agreement will be limited to direct damages in an amount equal to the fees paid by you to Yamurrah under this agreement during the 12-month period immediately preceding the first event giving rise to the claim;
8.2 Neither party will be liable for:
(a) any special, punitive, indirect, incidental, or consequential damages arising from or related to this agreement or in any way related to our services provided to you; or
(b) any loss of revenue, profits, goodwill or data, or data use, business interruption, failure to realise an expected saving, corruption of data, or claims against them by any third-party;
even if the parties are advised, or may reasonably supposed to have been aware, of the possibility of such damages in advance.
8.3 Such limitations will apply regardless of whether the claim arises based on contract, tort, negligence, or otherwise.
8.4 You acknowledge and agree that Yamurrah has relied on your representation that there is a valid and enforceable limit of liability.
9 General
9.1 Assignment. Neither party may novate or assign the agreement (or any of its rights or obligations), whether by operation of law or otherwise, without the other party’s prior written consent (which is not to be unreasonably withheld).
9.2 Anti-Corruption. You warrant that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Yamarrah’s employees or agents in connection with this agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you learn of any violation of the above restriction, you must use reasonable efforts to promptly notify Yamarrah.
9.3 Modern Slavery. Both parties will comply with all applicable laws, statutes, regulations legally binding codes and sanctions relating to any modern slavery in New South Wales (Modern Slavery Laws) and comply with any reasonable written request received from the other party for the purposes of any annual reporting requirements under the Modern Slavery Laws.
9.4 Bullying & Harassment. Yamurrah supports the rights of all people to work in an environment free from bullying. The parties are expected to adhere to acceptable conduct at all times by respecting the rights and feelings of others and by refraining from any behaviour that might be harmful to others.
9.5 Severability. If any provision of this agreement is determined to be void or unenforceable in whole or in part by a court of competent jurisdiction, all remaining provisions of the agreement will be and remain in full force and effect.
9.6 Waiver. No delay by either party in enforcing any of the terms or conditions of this agreement will affect or restrict such party’s rights and powers arising under this agreement. No waiver of any term or condition of this agreement will be effective unless made in writing.
9.7 Entire Agreement. This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all proposals, oral and written, and all previous negotiations and communications between the parties and their representatives with respect to the subject matter of this agreement. This agreement will prevail over terms of any customer-issued purchase order, request for tender, technical specification, or other design requirements, which will have no force or effect, even if Yamurrah accepts or does not otherwise reject them. Each party acknowledges that, in entering into this agreement, it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement.
9.8 Subcontractors. Yamurrah may license or subcontract all or any part of its rights and obligations without the Customer’s consent. Yamurrah will continue to remain liable for the performance of its rights and obligations by any licensee or subcontractor.
9.9 Independent Contractor. The relationship of the parties established by this agreement is that of independent contractors. This agreement does not establish an employment, agency, joint venture or partnership relationship between the parties. Nothing in this agreement will be construed to permit either party to bind the other or to enter into obligations on behalf of the other party.
9.10 Force Majeure. Neither party will be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control provided that the party affected by such failure or delay gives the other party prompt written notice of the cause and uses commercially reasonable efforts to correct such failure or delay within a reasonable period of time.
9.11 Modification. Yamurrah reserves the right to review this agreement at any time. If, after such review, there is to be any change to this agreement, then that change will take effect from the date on which Yamurrah notifies you of such change by publishing the changes on our website. If you do not agree to any amendment or update of the new agreement, you may terminate the agreement without further charge by providing us 14 days’ notice.