Quantum Group Program Enrolment and Payment Terms

This is an important agreement between you (referred to as “you” or the “Member”) and QCOR Pty Ltd ACN 683 296 764 (Australia), Quantum Global Ops Ltd C107612 (Malta), and Quantum Human FZ-LLC Licence No. [47023956] (Dubai, United Arab Emirates) (each in its own right or as agent for the other, and together referred to as “Quantum Group”), by which Quantum Group agrees to provide your selected Program(s) (defined below) to you, and you agree to pay for them (“Terms”).

IMPORTANT – PLEASE READ – 72-Hour Cooling-Off Rights

You have a 72-hour cooling-off period after signing these Terms to cancel them and receive a full refund. You must email us within 72 hours to tell us you are exercising your cooling-off rights and if you do not you are liable to pay in full for the Programs, and no cancellations or refunds are permitted.

You, the Member, agree to be bound by these Terms by signing these Terms, or by paying any amount to IAQ for the Programs.

Programs

  1. These Terms apply to all IAQ Programs including Quantum Experience, Quantum Advanced, Quantum Wealth Mastermind, Quantum Accelerator, Quantum Elite, Quantum Summits, Quantum Life and Business Mastery, Quantum Coach Certification, the Ultimate Speaker Masterclass, the Quantum Business Success Automation Incubator and the Conscious Enterprise Retreat. Your enrolment in the Program(s) is subject to availability. If a Program cannot proceed for any reason, IAQ will contact the Member to organise an alternative date or Program.
  2. Full details of each Program as well as inclusions and any exclusions are as specified on IAQ’s website and as amended from time to time.

Payment of Program Fees

  1. In consideration of IAQ providing the Program(s), the Member agrees to pay IAQ the Program fees and any other charges in the manner and with the timing specified in the Registration Form filled out by you when agreeing to these Terms.
  2. If the Member fails to pay any amount when due under these Terms, IAQ may in its discretion suspend the provision of the Program(s) to the Member until payment of the overdue amount is received in full (including 12% interest chargeable at our discretion).
  3. If the parties have agreed that the fees will be paid via a direct debit, or credit or debit card payment plan, then the Member irrevocably authorises IAQ to debit the fees during the term from the Member’s nominated bank account/credit card/debit card (“Account”), on or about the due date for payment without notice to the Member. The Member must ensure that the Account details are up to date at all times and the Member must notify IAQ in the event that the details are no longer current, and provide replacement details. The Member also irrevocably authorises IAQ to deduct all other fees and charges payable by the Member to IAQ under these Terms from the Member’s nominated Account. Reasonable default charges will apply in the event that you stop the authority to charge on your Account without IAQ’s prior agreement. Insufficient funds in your Account will also attract a reasonable administration fee. Such default and other fees will be outlined in our billing communications issued to you from time to time.
  4. All fees and charges are inclusive of GST unless expressed otherwise. IAQ reserves the right to charge transaction fees equivalent to the fees charged by direct debit, credit card and PayPal merchant facility providers.

Disclaimers and Limitation of Liability

  1. The Member acknowledges and agrees that all Programs are intended for general education and information purposes only. Nothing published on drespen.com (the “Website”), or any content on the Website or provided to the Member by IAQ during the Programs (“the Content”) purports to offer business, financial, legal, medical, tax or other professional advice. The Member should use caution and always seek appropriate professional advice before acting or relying on any Content provided.
  2. These Terms constitute the full and complete understanding between the parties with respect to their subject matter. There is no other oral understanding, agreement, warranty or representation whether express or implied in any way extending, defining or otherwise relating to these Terms or binding on the parties with respect to any of its subject matter and IAQ disclaims and excludes all rights, representations, guarantees, conditions, warranties and undertakings in relation to its marketing materials, the Programs and Content to the maximum extent permitted by law.
  3. IAQ’s maximum aggregate liability to the Member in any 12-month period for any loss, damage or injury arising out of or in connection with the supply of goods or services under these Terms, including any breach by IAQ of these Terms, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual fees paid by the Member in the 12-month period preceding the matter or event giving rise to the claim.
  4. Without limiting the generality of clause 9, IAQ expressly excludes any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by:
    (a) the Member’s access and use of the Content;
    (b) the Member’s participation in the Programs or reliance on the Programs or any Content; and
    (d) any event which is beyond IAQ’s control.
  5. Nothing in these Terms is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law (“ACL”), or the exercise of a right conferred by such a provision or any liability of IAQ in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
  6. If IAQ is liable to the Member in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, IAQ’s total liability to the Member for that failure is limited to, at the option of IAQ to the resupply of the Program(s) or the payment of the cost of resupply.
  7. IAQ excludes any liability to the Member, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation.
  8. Clauses 7 to 13 apply to the full extent permitted by law and shall survive termination of this agreement.
  9. Any testimonials and examples within any Content and marketing materials are not to be taken as a guarantee that the Member will achieve similar results.
  10. Any financial representations referenced by IAQ on the Website or Content are illustrative of concepts only and should not be considered to be financial advice, recommendation of any financial product(s), or promises for actual or future financial performance.

Intellectual Property

  1. The Member acknowledges that as part of the Programs, the Member will gain access to Program materials partly comprising IAQ’s intellectual property (“Materials”). Subject to the Member fulfilling its obligations under these Terms, IAQ grants the Member a revocable, non-exclusive, non-assignable, non-transferable license to access and use the Materials during the course of the Program, solely for the purpose of obtaining the benefit of the Programs, which the Member may not copy or disclose to others.
  2. The Member may only use the Materials privately for the purpose for which they were designed and not for any commercial purpose or exploitation.

Photos, Videos, And Testimonial Consent

  1. The Member acknowledges and agrees that IAQ (or an authorised agent) may take photos and/or videos at, during or in connection with the provision of the Programs (including coaching video calls).
  2. The Member authorises and consents to IAQ using
    any photograph or video or audio taken during the
    provision of the Programs for any purpose including
    for promotional and marketing purposes.
  3. Where the Member provides feedback or other comments with respect to the Programs, the Member authorises and consents to IAQ using the Member’s likeness and photos alongside such testimonial for any purpose including for promotional and marketing purposes (including IAQ’s website, social media accounts or displayed at an event).

Member Obligations and Termination

  1. As a Member you will particulate in Program(s) including activities in groups with other participants, and may be active online via the Website or third party social media platforms, concerning IAQ, the Program(s), these Terms and IAQ’s online community. When doing any of these things, the Member must not communicate or engage in illegal or disruptive manner or activities, be under the influence of illicit substances or be intoxicated, collect personal data about other users for commercial or unlawful purposes, or act or communicate in a way or submit anything that is false, offends, harasses, defames, degrades, intimidates or is hateful to IAQ, an individual or group of individuals or on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
  2. If a Member fails to attend a Program they will not be entitled to any refund.
  3. IAQ reserves the right to accept or refuse your membership or to end or restrict your attendance or participation in the Program(s), and access to the Website, any social media or Content, in our absolute discretion. You may not transfer or assign these Terms or any Program(s). If we do so, you may be refunded a pro rata amount equivalent to the unused portion of your fees except where caused, in our reasonable opinion, by your breach of any of these Terms. We may take actions we deem reasonably necessary to prevent loss or damage to our equipment, our reputation or goodwill, fraud and abuse including termination of these Terms.

Indemnity

  1. Except to the extent caused or contributed to by any negligence, wilful misconduct or breach of these
    Terms by IAQ, the Member indemnifies IAQ against any direct losses, liabilities, costs, charges or
    expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other
    reasonable professional costs and expenses suffered or incurred by IAQ arising out of or in connection with:
    (a) the Member’s participation in the Program(s) or use of the Content;
    (b) the Member’s use of any venue or attendance at a Program or event (including without limitation any
    personal injury or damage to the venue or any goods located at the venue);
    (c) any breach of these Terms by the Member, including any failure to pay any fees on time;
    (d) any reliance by the Member or a third party on any advice, information or deliverable provided in connection with the Programs and/or Content;
    (e) any negligent act, omission or wilful misconduct of the Member.

Governing Law

  1. These Terms shall be governed by and construed in accordance with the law of Queensland and the parties submit to the non-exclusive jurisdiction of the Queensland Courts.

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