The Boring (But Important) Bit
Your One and Only Pty Ltd
Part 1: Event Terms & Conditions
Overview
These Terms and Conditions apply to your registration and participation at any Your One and Only Pty Ltd event whether online or in person (“Event”). This Site and the Events are operated and/or managed by Your One and Only Pty Ltd ABN 78 641 942 510 trading as Your One and Only (Your One and Only’, of PO Box 1153, Narellan NSW 2567 ‘we’, ‘our’, or ‘us’).
We are excited to have you join us and look forward to providing you with epic experiences at our Events!
Consent To Site And Event Terms
Before you register for any of our Events, please read these terms and conditions carefully as they along with our Site Terms and Conditions and our Privacy Policy (“Terms”) govern your participation in our Events.
These Terms are binding on all attendees of our Events, including but not limited to participants, guests, and sponsors. By registering for and attending any Event, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should not attend the Event.
These Terms are designed to ensure a safe, respectful, and enjoyable Events for all attendees. Our Terms cover a range of important topics, including Event disclaimers, confidentiality, Event code of conduct, copyright and trademark notices, payment, and dispute resolution.
We encourage you to review these Terms carefully to ensure that you understand your rights and responsibilities as an Event attendee.
No Minors
By using the Site or registering for an Event, you warrant that you:
- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
Changes To These Terms
We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our Site or participation in an Event is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.
Intellectual Property
As part of any Event, and on our Site, you will have access to intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, any content provided specifically for an Event, other files, and software (“Content”). Your registration and participation in an Event, access to and use of our Site and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
Limited Licence
Where you receive any Content including any Third-Party Licensed Intellectual Property as part of an Event, you are granted a non-exclusive, non-transferable, limited licence to access and use these for your own personal purposes. You may not assign or transfer these physical or digital products to any other person without our express written consent.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our Content or products in any manner whatsoever except as authorised by us.
Links To Other Websites
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.
Privacy
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here https://youroneandonly.com.au/. By using our Site, you consent to the usage of your information as described in the Privacy Policy and warrant that all data provided by you is accurate.
Creating An Account
To register for an Event and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
Event And Booking Ticket Purchase
All upcoming Events and ticket prices (“Event Fees”) are as listed on our Site.
You may apply to participate in an Event by completing the booking registration form and paying the Event Fees as advertised on our Site https://youroneandonly.com.au/ (‘Site‘). Event registration is subject to availability, and we may change the Event program at any time, as determined solely by us. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We reserve the right to refuse to allow you to participate in the Event if we suspect that such information is inaccurate or incomplete. We also reserve the right to cancel your registration for any reason.
You will be able to participate in the Event on the date specified for the applicable Event after you pay Event Fees as displayed on our Site and in accordance with these Terms. Your ability to participate in the Event continues until terminated under these Terms or the Event is complete.
Any changes to our Events will be noted on our site https://youroneandonly.com.au/ and you should check regularly for any updates.
We are not responsible for any additional expenses you may incur to participate in any of our Events this includes but is not limited to accommodation, food, beverages, travel unless it is expressly included in the Event Fee.
Prices And Payment
Pricing
All prices are in AUD and are inclusive of any applicable taxes. You are responsible for any booking, handling, credit card surcharge or any other fees as identified on our Site. The prices indicated on the Site may change at any time [without advance notice to you]. [If you are a member, we will use reasonable efforts to notify you of any change]. Purchases will be charged at the price in force at the time your order is validated.
Discounting
We may from time to time provide special offer discounts. You may only use one discount code with each purchase. We reserve the right to reject or cancel any registration where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
Method of Payment
You authorise us to automatically charge the credit card or debit card provided at the time of registration for the applicable Event when they are due and in accordance with these Terms.
We offer visitors who want to purchase from our Site the option to pay for the Events by credit card or such other method of payment as provided at checkout. You acknowledge and agree to make timely and full payments to us at the time of booking. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our Events.
Confirmation and details of the booking and your ticket shall be sent to you by the specified method within 24 hours of receiving payment from you.
You must notify us immediately if there are any mistakes with your booking, or you have not received confirmation of your booking within 24 hours of placing your order.
All ticket sales are final, and refunds or cancellations are not permitted, except in accordance with the Refunds and Cancellations clause set out below.
You are responsible for any and all bank charges or any other fees associated with your use of your credit card or debit card.
By purchasing a ticket to our Events, you agree to these Terms. We reserve the right to amend these Terms at any time, and any such changes shall be binding on you.
Refunds, Postponement and Cancellations
General
The Event Fees are non-refundable except as set out in these Terms, otherwise as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.
We reserve the right to:
- postpone or cancel any Event, or reschedule them for any reason. If an Event has been cancelled by us and not rescheduled, we will refund the Event Fees paid for the Event.
- cancel your registration and provide a full refund if the Event is oversubscribed or where a venue we have booked for an Event has reduced their capacity for attendees.
- cancel any order where we suspect that there is fraud or other types of illegal or unauthorised activity.
Any refund is limited to the Event Fee and we will not be liable for any additional expenses incurred by you including travel expenses.
Cancel/Postpone due to Force Majeure
We reserve the right to cancel or postpone any Event due to unforeseen circumstances, including but not limited to inclement weather, natural disasters, pandemic, epidemic, State or Federal Government requirements, illness, or other circumstances beyond our control. In the event of cancellation or postponement, we will make reasonable efforts to notify attendees as soon as possible and provide alternative arrangements or refund of the Event Fee.
Substitute Speaker
Details of our Events are current at the time we go to press, however, we reserve the right to change or substitute any advertised speaker at the Event at our sole discretion, due to circumstances beyond our control or any other reason. We will make reasonable efforts to provide notice of any such change or substitution to attendees prior to the Event.
In the event of Event cancellation or speaker substitution, our liability is limited to a refund of the ticket price paid by attendees, and we shall not be responsible for any other costs, losses, or damages incurred by attendees. We shall not be liable for any indirect, incidental, or consequential damages arising from such Event cancellation or speaker substitution.
Third Party Cancellations
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the Event may not proceed.
Substitute Attendee
If an attendee is unable to attend the Event, they may request to substitute another person in their place. Requests for substitution must be made in writing and sent to us prior to the Event, and we reserve the right to approve or deny any such request at our sole discretion.
In the event of an approved substitution, the substitute attendee shall be subject to the same terms and conditions of the original attendee, including any applicable registration fees or ticket prices. The original attendee shall be responsible for any costs associated with the substitution, including but not limited to transfer fees or price differences.
We shall not be responsible for any additional costs or expenses incurred by the original attendee or substitute attendee as a result of the substitution, and any such costs shall be the sole responsibility of the parties involved.
Chargeback
Where you have received a refund via a Chargeback following registration using a verified email address from which you have engaged with us, and have attended the Event, and subsequently issued a Chargeback, we expect immediate payment upon receipt of a tax invoice from us.
For the purposes of these Terms of Use, “Chargeback” means the reversal of a payment in response to a request that a customer files directly with their issuing bank or payment network provider.
Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.
Complaints
We are committed to your enjoyment of and satisfaction with our Events. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form https://youroneandonly.com.au/contact and include:
- your name;
- the email address you used to register for the Event;
- details of your concern or complaint;
- details of what you would like us to do to resolve the matter; and
- copies of any relevant correspondence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
Non-Disparagement
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following our Events. Where one party is dissatisfied, the issue must be dealt with by contacting the other party and discussing the issue in good faith and/or via arbitration or mediation as set out above under “COMPLAINTS”.
Waiver
By attending our Events and where food is provided, you acknowledge and agree that while we will make every effort to cater to your dietary requirements and accommodate any allergies or intolerances, we cannot guarantee that the food provided will be free of allergens. You agree to inform us of any allergies or intolerances prior to the event to allow us to take them into account when organising food with relevant vendors. You understand and accept that you consume the food provided at your own risk and that we shall not be liable for any allergic reactions or health issues that may arise as a result of consuming the food.
If you require medical attention at any time during the Event, you acknowledge that you will be solely responsible for any costs associated with said treatment. We recommend that you maintain appropriate insurance for your participation in an Event.
Electronic Communications And Electronic Signatures
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
Information And Advice
Any content or information provided during an Event is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide during our Events. No part of our Events are a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional.
You are responsible for determining whether our Events are right for you.
Guest Speakers
From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other services, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes. Views expressed by our speakers are their own and we cannot accept liability for any views expressed or any materials distributed by our speakers.
Any individual who agrees to be a interviewed as guest or contributes content in any way, transfers all intellectual property rights to us in any such interview and where assignment is not possible, will provide a non-revocable, perpetual licence to any such content and consents to waive any and all moral rights to which they are entitled in relation to such content. This waiver includes, but is not limited to, the right of attribution, the right not to have authorship falsely attributed, and the right of integrity of authorship. The attendee acknowledges that this waiver applies to all present and future uses of the content and cannot be revoked or withdrawn. The attendee further acknowledges that they have no further claims or demands in relation to the content and will not take any action that might infringe upon the rights granted to us under these Terms.
Any reference to other products or services, programs, courses, processes or other information appearing in our Events does not constitute or imply our endorsement, sponsorship or recommendation in any way.
Submitting Content To Site And Social Media
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you:
- warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
- give us permission to post or otherwise use that feedback on our social media or other channels;
- waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
- warrant that any content provided does not violate these Terms; and
- warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libellous or otherwise unlawful, abusive or obscene material;
- personal attacks on our employees or another contributor;
- material that discloses your personal information; or
- Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
Competitions
We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
Testimonials
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our Events, or products and services for illustration purposes only. Any results presented demonstrate to users what can be possible, but are not intended to represent or guarantee that any current or future participants will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
Termination
We reserve the right to terminate your ability to take part in the Event with immediate effect if:
- you do not pay the Event Fees when due;
- you infringe our Intellectual Property Rights;
- you engage in conduct that is injurious or potentially harmful to our reputation;
- you disclose Confidential Information without consent;
- you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.
Confidentiality
All participants and ticket holders to our Events acknowledge that any confidential information shared by them or any confidential information we provide to them as Event participants is confidential and proprietary, and belongs solely to the disclosing party.
As the recipient of such information, we acknowledge that we have a duty to protect the confidentiality of such information and agree to take all reasonable steps to maintain its confidentiality.
We shall not disclose or use the confidential information for any purpose other than for the intended purpose of the Event, without the prior written consent of the disclosing party. In the event that disclosure of the confidential information is required by law or any regulatory authority, we will promptly notify the disclosing party in writing prior to disclosure.
We will not disclose any information you provide, except as set out in these Terms.
However, these obligations of confidentiality do not apply to any disclosure that:
- is for the purpose of performing the Terms or exercising a party’s right under the Terms;
- is required by Applicable Law; or
- relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.
We shall not be held liable for any damages arising from the disclosure of such confidential information, provided that such disclosure was made in good faith and in compliance with any applicable laws or regulations.
Prohibited Use
- In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person’s proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.
Prohibited
Attendees of our Events are expected to conduct themselves in a professional and respectful manner towards other attendees, staff, and Event organisers. Attendees of the Event are required to comply with any reasonable directions given by the hosts and venue management, including but not limited to security personnel and Event staff.
Any conduct deemed inappropriate or offensive by us, including but not limited to the following actions, may result in immediate removal from the Event without refund:
- Physical or verbal harassment or abuse of any kind.
- Discrimination or hate speech based on race, gender, sexual orientation, religion, nationality, or disability.
- Intentional damage or destruction of property belonging to the Event or venue.
- Unauthorised recording or distribution of Event materials, including but not limited to audio, video, or images.
- Selling, distributing, or promoting any goods or services without prior authorisation from the Event organisers.
- Intoxication or drug use that interferes with the safety or enjoyment of other attendees.
- Failure to comply with health and safety requirements for an Event and/or the venue where an Event may be held.
- Disruptive behavior that interferes with the conduct of the Event, including but not limited to excessive noise, unapproved demonstrations, or unauthorised entry or exit.
Failure to comply with these directions may result in ejection from the Event and/or other legal action.
We and venue management reserve the right to refuse entry or eject any person from the Event who we or venue management who engage in such prohibited conduct or where we or venue management reasonably believe poses a risk to the safety of others or the Event itself, or who is in breach of any applicable laws, regulations, or these Terms. By attending the Event, attendees acknowledge and agree to comply with all reasonable directions given by us and the venue management.
Warranties And Disclaimers
Except as set out in these Terms, this Site and our Events are provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
Limitation Of Liability
To the fullest extent permitted by applicable laws, in no event are we responsible for
- any third party content, including advertising and sponsorships, that may be presented at the Event;
- Cancellations, postponements, or other changes to the Event that may be required due to unforeseen circumstances;
- any misrepresentation or inaccurate information provided by third-party vendors, sponsors, or other participants in the Event;
- any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your attendance at or participation in our Events.
Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for under applicable consumer laws.
Our Right To Be Indemnified By You
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, sponsors, guest speakers, venue operators and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
Breach And Termination
The agreement constituted between us by your use of the Site may be terminated:
- where you breach any provision of these Terms; or
- at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
Validity
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
Ceasing Our Website
We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Assignment
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
Entire Agreement
These Terms (together with our Privacy Policy, and disclaimers) constitute the entire understanding and agreement between us and you in relation to your use of our Site, participation and attendance at any of our Events and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to our Site, your use of our Site and our Events and your participation and attendance at any of our Events.
Governing Law and Jurisdiction
The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in NSW, Australia. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.