Booking Terms and Conditions

1. Fees can be paid either via credit card or bank transfer as per the agreed delivery confirmation. 
2. Facilitators set their own hourly, daily or other rates in respect of any workshop or services and fees may differ for different locations.
3. Each workshop on the Essemy platform will be advertised at its fixed fee and includes GST.
4. In the case of customised training solutions and larger programs, Essemy will provide a quote including a payment schedule for approval. Clients will be invoiced as per an agreed payment schedule. 

1. If a Facilitator cancels the booking, you may either request a full refund or reschedule to a new date with the same Facilitator at no additional cost.
2. If you cancel the booking, you are eligible for a full refund if the cancellation is received more than 14 days prior to the In-house Workshop commencing.
3. If you cancel the booking less than 14 days before the training date, you are eligible for a 50% refund or reschedule to a new date with the same Facilitator at no additional cost.
4. If you cancel within 72 hours of the workshop commencing, fees are non-refundable and Essemy retains the discretion to charge an additional 20% rescheduling fee on a case by case basis.

TERMS AND CONDITIONS OF USE (CLIENTS)

1. OVERVIEW
   • Welcome to Essemy Pty Ltd (ACN 631 236 434) (“Essemy”) – an entity providing a platform which connects buyers to expert facilitators. These terms and conditions (“Terms“) govern the relationship between Essemy, its Related Bodies Corporate (“Essemy”, “us” or “we“) and individuals and businesses seeking a Facilitator to provide services to them (“Client” or “You”)
   • Essemy facilitates the interaction between Facilitators and Clients and provides other ancillary services including, scheduling of In-house Workshops, or scheduling of Special Projects, payment and collection processing (“Essemy Services“). These Terms apply to Clients’ use of the Essemy platform and associated websites (“Site”), including the Essemy Services and any Special Projects booked external to the Site.
   • We may from time to time, amend, update or change the Site including these Terms, without prior notice to you. Consequently, you should regularly check these Terms for changes. These are the current Terms and replace any other terms and conditions of use previously published for the Site.
   • Please read all these Terms carefully before using the Sites or Essemy Services. By checking the box, signing a copy of these terms or by continuing to use the Site or Essemy Services, you are agreeing to be bound by these Terms, including any changes to the terms that may have been made since your prior use of the site.

2. DEFINITIONS
   • Client (an individual or business) means a buyer of Training Services;
   • Essemy Services means:
     • facilitation of the interaction between Facilitators and Clients;
     • scheduling of In-house Workshops
     • scheduling of Special Projects
     • payment and collection processing;
     • digital marketing of training services; and
     • ancillary services;
   • Essemy website means a website owned, monitored and operated by Essemy Pty Ltd (ACN 631 236 434);
   • Expert means an individual approved to advertise his/her services on the Essemy website, upload or post workshops or training sessions on the Essemy website or is engaged by Essemy to deliver any project including Special Projects. The term Facilitator and the term Expert will be used interchangeably from time to time, but will always have the same meaning;
   • Facilitator Content means content created by a Facilitator for the Training Services to be provided the Client;
   • GST, GST law and other terms defined in GST law have the meaning given to those terms in A New Tax System (Goods and Services Tax) Act 1999, as amended from time to time
   • In–house Workshop means a workshop scheduled and purchased by a Client for delivery as a private onsite or offsite engagement;
   • Participant means an individual participating in any training service;
   • Posted Content means any content, information, text, graphics, images, audio or video, or  material created or uploaded to a profile and/or the Site;
   • Related Body Corporate has the same meaning given to that term under the Corporations Act 2001 (Cth);
   • Special Projects means services delivered by Essemy experts, including but not limited to, customised training solutions, consulting, coaching, mentoring, Keynote speaking;
   • Site means Essemy platform and associated websites;
   • Training Services means a workshop or training session, a series of workshops or training sessions, posted or uploaded with Essemy’s prior written approval to the Site by a Facilitator or delivered as an In-house Workshop, which can be booked as an individual program; and
   • You means (as applicable):
     • a person or the entity registered with Essemy as a Client; and
     • the individual, natural person accessing or using the Site
       which are interchangeably used throughout the Terms and Conditions.

3. CLIENT UNDERTAKINGS AND REPRESENTATIONS
   • An individual or an entity can view the Site, review and access Facilitator profiles made available on the Site, in order to book Training Services, or arrange the delivery of Special Projects through an Essemy representative.
   • Clients acknowledge that:
     • Essemy is not a party to and is not liable for the Training Services, or service arrangements as between Client and Facilitators.
     • Essemy requires Facilitators to upload supporting documents, complete a diagnostic and interviews, upload insurances and a police clearance certificate when advertising on the Essemy platform, however, Essemy makes no representations as to the accuracy of the information provided by the Facilitators.
     • Essemy is not liable for any special, indirect, or consequential loss caused by the Client booking Training Services with it.
     • Without limiting the foregoing, to the extent permitted by law, Essemy makes no warranties, express or implied regarding or relating to the Facilitators or the Training Services.
   • An organisation registering with Essemy as Client through its employee, represents and warrants that the employee registering the organisation is empowered to register the organisation as Client and perform all obligations under these Terms on behalf of the organisation. There is no restriction on or condition of him/her doing so.
   • You undertake not to post or publish any content that is defamatory towards Essemy or the Facilitator.

4. PROVISION OF TRAINING SERVICES
   • You may search Workshops and Facilitators, and book Training Services, via the Site or with the support of our team.
   • In using the Essemy Services, Clients are responsible to:
     • undertake the necessary research to satisfy yourself as to whether the Facilitator meets your requirements and objectives; and
     • ascertain that the Facilitator has current appropriate insurance policies, including professional indemnity, public liability and/or workers’ compensation. You may contact either Essemy or the Facilitator to obtain any further information on the professional indemnity and public liability insurance held by any Facilitator.
   • You must use Essemy Services strictly in accordance with these Terms and must not use Essemy Services to compete directly or indirectly with Essemy or any of the Essemy Services.

5. PAYMENT FOR SERVICES
   • Fees
     • At the time of booking In-house Workshops through the platform, you agree to pay the nominated fees by credit card or debit card. For Special Projects, or workshops booked off the platform, you agree to pay the tax invoice that Essemy provides.
     • Facilitators may set their own hourly, daily or other rates in respect of any workshop or services and fees may differ for different locations.
     • Each workshop on the Essemy platform will be advertised at its fixed fee and includes GST.
     • In case of Special Projects, Essemy will provide a quote to the Client, including a payment schedule for approval. Clients will be invoiced as per the payment schedule with fees to be paid into the nominated Essemy bank account or via credit card.

• Refund Policy for In-house Workshops
  • If a Facilitator cancels the booking, the Client may either request a full refund or reschedule to a new date with the same Facilitator at no additional cost.
  • If a Client cancels the booking, it is eligible for a full refund if such cancellation is received more than 14 days prior to In-house Workshop commencing.
  • If a Client cancels the booking less than 14 days before the training date, it is eligible for 50% refund or reschedule to a new date with the same Facilitator at no additional cost.
  • If a Client cancels within 72 hours of the original booking, it is not entitled to any refund and Essemy retains the discretion to charge an additional 20% rescheduling fee on a case by case basis

• Credit Policy
  • The Client may use its credit on the Essemy platform at any time.

• Taxes and Duties
  • The Client must pay any applicable tax law, GST that will be charged on all services advertised on the Essemy platform and will appear on the tax invoice.

6. TERMINATION
   • Essemy reserves the right to suspend or cancel your registration as a Client, at any time, on Essemy forming the view in its absolute discretion that Essemy’s brand, operations (including the Site, any blogs or membership) or business (including its, partner’s or affiliate’s business) may be adversely affected or harmed as a result of your continued registration as a Client. Upon termination you must cease using the Site and Essemy Services.  Such termination will not affect the validity of any bookings or contracts for Training Services that have been executed prior to termination and these Terms will continue to apply with respect to such bookings.

7. INTELLECTUAL PROPERTY
   • Unless otherwise agreed between the Facilitator and the Client, the Facilitator retains ownership of all intellectual property rights in the Facilitator Content.
   • Essemy is not responsible to any Facilitator for Client’s use of any intellectual property rights during or after provision of Training Services. Any agreements or disputes regarding intellectual property rights in Facilitator Content shall be between the Facilitator and the Client.

8. CONFIDENTIALITY AND NON-DISCLOSURE
   • Non-Disclosure: Subject to clause 7.2 above and any agreement between the Facilitator and you, you undertake not to use, redistribute, disseminate, publish, or display any written materials provided to you in connection with Training Services, or other Essemy Services in whole or in part, to any third parties without the prior written permission of the Facilitator (where applicable) and Essemy, except when required by law.

9. CONSENT TO USE LOGO
   • You consent to Essemy displaying your name and/or logo on the Site as a user of Essemy’s Training Services. You acknowledge that disclosure of your name and/or logo on the Site does not constitute disclosure of confidential information and you consent to our use of such content in the manner described above. If you do not consent to your logo being displayed, please advise Essemy by sending an email to [email protected].

10. RESTRAINT OF TRADE
    • Where a Client and Facilitator have been introduced through Essemy, you must not enter into any form of engagement in which the Facilitator delivers any additional training services to the Client (whether individually or through a third party intermediary) or in any way other than through the Essemy Services.
    • These obligations apply for so long as the Facilitator or Client is registered with Essemy, and for 12 months from the time a Facilitator completes their most recent Training Service with a Client (the “Non-Solicitation Period“) regardless of any relationship or previous dealings between the parties. This means that during the Non-Solicitation Period, you must use the Essemy Services as your exclusive method to engage with each other unless Essemy agrees in writing otherwise.

11. LIABILITY OF ESSEMY
    • You are solely responsible for all decisions you make in connection with any services you choose to purchase as a Client.
    • Essemy will not be liable for:
      • the scope of the Training Services or any changes to the Training Services;
      • any deliverables, work, opinion or information provided by the Facilitator;
      • services not performed in accordance with these Terms;
      • any claims arising out of or in connection with these Terms, any of the subject matter of the Essemy’s Services, for breach of law, contract, negligence or any other liability whatsoever;
      • any other terms of engagement the Client and Facilitator might reach or agree;
      • any breach or alleged breach of another party’s intellectual property rights arising in respect of the services or these Terms;
      • any Posted Content created or uploaded to a profile and/or the Site; or
      • any direct, indirect, special or consequential losses or damages, loss of income, profits, goodwill, data, contracts, use of money or business interruption of any type arising in contract, tort (including, without limitation, negligence) or otherwise arising from your use of or your inability to use Training Services.
    • Essemy does not warrant that your use of the Site will be uninterrupted or error free, nor does Essemy warrant that we will review information for accuracy or that we will preserve or maintain the Client’s or Facilitator’s information without loss. To the extent permitted by law, Essemy shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Essemy.

12. INDEMNITY & WARRANTY
    • You agree to indemnify, defend and hold harmless, Essemy and its Related Bodies Corporate successors and assigns (and its and their officers, directors, employees, sublicensees, and agents) from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of or relate to:
      • your improper use of the Training Services;
      • your breach of these Terms;
      • without limiting the foregoing, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the Training Services;
      • the use of any intellectual property created in respect of the Training Services; or
      • all claims, damages, liabilities, losses, settlements, costs in taxes, levies, charges, penalties and expenses arising from or in relation to the Training Services provided by Essemy pursuant to these Terms.
    • To the maximum extended permitted by law, our liability for breach of warranties relating to the subject matter of these terms is limited to, at our option:
      • the supply of the services again; or
      • the payment of fees paid for the supply of these services.

13. DISPUTE RESOLUTION
    • a dispute arises out of or relating to these Terms the parties agree to endeavour to settle the dispute by mediation administered by the Australian Disputes Centre (ADC) before litigation. The mediation shall be conducted in accordance with ADC guidelines which are in operation at the time the dispute is referred to ADC.
    • This clause shall survive termination of these Terms.
    • Essemy will not provide any dispute assistance in relation to disputes arising between Facilitators and Clients.
    • Nothing in this paragraph limits the rights of any party to seek or obtain urgent interlocutory or interim relief.

14. VARIATION
    • Essemy may modify these Terms from time to time by posting the modification(s) or updating these terms and conditions on our website essemy.com.au. Unless otherwise specified by us when posted, all modifications will take immediate effect upon posting. If you do not agree to any modification(s), your only recourse will be to terminate your registration as a Client. If you continue to participate as a Client after any modification becomes effective, then your participation will constitute acceptance of such modification.

15. GOVERNING LAW AND JURISDICTION
    • These Terms shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia.

16. WEBSITE TERMS
    • The terms and conditions set out below (“Site Terms“), when read together with the Terms of Service above, govern your use of the www.essemy.com.au website and Site. By using the Site, you must accept and abide by the Site Terms. If you do not accept the Site Terms, you are not permitted to use the Site and you must refrain from using it.
    • The Site is owned and operated by Essemy Pty Ltd (ACN 631 236 434) (“Essemy”, “us” or “we”).
    • If you have any complaints or questions regarding the Site or the Site Terms then please contact us at [email protected].
    • You must use the Site at all times in accordance with these Site Terms.
    • Notwithstanding anything else in these Site Terms, we may, in our absolute discretion, refuse you or any other person access to part or all of the Site at any time and for any reason.
    • Facilitators may request that 1 in 20 comments be removed from the public reviews that appear on their personal profile page on the Site.  The Facilitators may provide these requests in writing to Essemy, which will be processed within 48 hours.   

17. PRIVACY
    • Your registration and use of the Site is conditional upon you agreeing and complying with our Privacy Policy. The Site can only provide the intended services to users (excluding any users for Special Projects or Training Services who have booked external to the Site) by using personal information in the manner contemplated in the Privacy Policy, and we may collect, use and disclose your personal information for the purposes described in it.
    • If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Site Terms and our Privacy Policy, you must not use the Site.
    • We will solicit your feedback to assist us in making improvements to the functioning of the Site. We may also send you emails about our services and opportunities or profiles that may be of interest to you. You may elect not to receive certain types of notifications from us.
    • If you have any questions or concerns relating to Privacy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

18. LINKS TO OTHER SITES
    • The Site may contain links or portals to other websites (excluding any websites offering Special Projects or Training Services bookings). We have no control over websites operated by third parties and you agree that we are not responsible for, and will have no liability in connection with, your access to or use of any third party website.