Terms and Conditions

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Definitions:

The Client: Also referred to as ‘You’, the company, business or client, authorized representative of the client, or individual requesting the services.

Engagement Specialists NSW Pty Ltd: Also referred to as ‘Dale Carnegie’, 'Dale Carnegie Australia,' ‘I’, ‘Our’, ‘the Company’ and ‘We’.

Acceptance

Registration of a program (online) and/or payment of an invoice and/or acceptance of a proposal issued by Dale Carnegie is deemed acknowledgement and agreement to the following terms and conditions.

Payment

Dale Carnegie requires payment within 14 days of the invoice date, or before the commencement of any work (meetings relating to the training, project work, etc.) or the first training session, whichever is sooner. GST will apply to all invoices at the prevailing rate. Any query relating to an invoice must be communicated in writing by the Client to the Company within 14 days of the date of invoice. Where prices are listed in USD, they will automatically be converted to AUD upon purchase.

Confidentiality

Dale Carnegie may ask you for company and participant information in order to fulfil the requirements of the solution. We undertake not to misuse any confidential information that may be made available to us. The client agrees not to disclose the fees charged by Dale Carnegie or any confidential information we provide to you.

Cancellations

The Company bears no liability for any requirement on the Client’s behalf to cancel the training following the issuing of the invoice for the training. In the case of cancellation, the Client will not be due any refund or release from the terms and conditions of the sale, and is liable for 100% of the invoice. The Client may postpone the training to alternate dates, subject to the fees laid out in the table below. All Dale Carnegie training solutions are non-transferable and not for resale.

The Company reserves the right to postpone a course due to inclement weather or any other events beyond the Company’s control. In the event a Solution is to be postponed, the Company will notify the Client immediately.

Notice period
(business days, not including Public Holidays or the start date of the training)

Liable Fee

10 or fewer business days

Between 11 and 20 business days

21 or greater business days

50% discretionary*

30% discretionary*

10% discretionary*

*This is the maximum fee that can be charged at the discretion of the Company to cover any costs already incurred in connection with the Solution.

Venue

The Client shall bear full responsibility for organising a suitable venue for the Solution, in line with any requirements for the delivery of the Solution, including necessary Audio-Visual equipment. Should the training venue be located outside the bounds of the Company’s territory (Greater Sydney), any travel and accommodation costs incurred by trainer(s) in order to facilitate the Solution are payable by the Client.

Amendments

If, after the Company has agreed a programme of services with the Client, the Client requests variations in the programme which entail further preparation by the Company, the Client agrees to pay any and all associated additional fees that represent the cost to the Company of such additional preparation, on presentation of an official invoice from the Company. Such fees will be agreed with the client prior to presentation of the invoice.

Training Materials

The Company will provide all agreed training materials required for delivery of the course including the participant manuals, which are invoiced as part of the Solution. All materials are the intellectual property of Dale Carnegie & Associates (or the suppliers of the information where this is explicitly stated). Materials are made available for the Client’s benefit and must not be copied or distributed in any way. The Client accepts that copyright in all course material, case studies and working documents produced by the Company in providing the services shall remain in ownership of the Company and the Client shall not reproduce any such copyright material or pass it on to any other party without the Company’s written authorisation.

Reasonable Adjustments

Given advance notice of requirements, reasonable adjustments will be made for those with disabilities, impairments or specific needs.

Certification

Subject to the type and length of the program, participants will be entitled to receive a Dale Carnegie certificate on completion of the program provided:

All fees have been paid in full
The Company and your trainer are satisfied as to your participation in the program
You have attended the minimum number of sessions for the relevant program
You have completed any required projects and assignments

Non-Solicitation

The Client shall not during the course of the programme and for 12 months thereafter, entice or solicit for employment with it or any other entity any trainer/facilitator who has been engaged to provide the solution / programme or other services.

Liability

The Company regrets it cannot accept responsibility for any loss or damage caused or suffered as a result of attendance or non-attendance at any programme, including in relation to any items brought into a meeting or training session or any venue in which they are being held.

Intellectual Property

All existing Dale Carnegie intellectual property rights (including copyright, tool designs and methodologies) subsisting in materials and information provided by Dale Carnegie to you, vest exclusively and remain vested exclusively in Dale Carnegie. Dale Carnegie grants you a non-exclusive, irrevocable, royalty free limited licence to use Dale Carnegie’s intellectual property solely in relation to the activities and purposes of the program you are registered in.

Privacy Policy

Dale Carnegie understands the importance of issues relating to privacy and is sensitive to personal information collected about participants in its programs. Dale Carnegie is committed to complying with the National Privacy Principles (NPPs), which are contained in the Privacy Act 1988. Where it holds information on individuals, it does so in order to provide better or more relevant products or services for the individual or the organisation with which he/she is associated.