Terms and Conditions

1 Definitions and interpretation

1.1 Definitions

Account means an account created by the Customer on the Website.

Additional Charge means:

(a) fees or charges for additional work performed at the Customer's request or reasonably required as a result of the Customer's conduct, calculated in accordance with the Supplier's then current prices; and

(b) expenses incurred by the Supplier, at the Customer's request or reasonably required as a result of the Customer's conduct.

Advertised Price means the price for Goods and Services advertised on the Website at the time an Order is placed. The Advertised Price does not include the costs of delivery.

Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out or the Goods are provided.

Customer means the person identified on a Quote, Order or Account as the customer and includes the Customer's agents and permitted assigns.

Goods means any goods supplied by the Supplier including those supplied in the course of providing Services.

Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trade marks, patents and registered designs.

Loss includes, but is not limited to, costs (including party to party legal costs and the Supplier's legal costs), expenses, lost profits, award of damages, personal injury and property damage.

Order means a purchase order for Goods or Services placed by a Customer on the Website or in response to a Quote and as varied in writing from time to time by the parties.

Quote means a written description of the Goods or Services to be provided, an estimate of the Supplier's charges for the performance of the required work and an estimate of the time frame for the performance of the work.

Services means the services to be provided by the Supplier to the Customer in accordance with a Quote and these Terms, including workshops and one-on-one services provided by the Supplier to a Customer.

Supplier means SAQ Enterprise Pty Ltd t/as The Essence of Clarity and includes its agents and permitted assigns.

Terms means these terms and conditions.

Website means https://www.sabinestraver.com/

1.2 Interpretations

In these terms, unless the context otherwise requires:

(a) a reference to writing includes email and other communication established through the Supplier's website (if any);

(b) the singular includes the plural and vice versa;

(d) a reference to a party to these terms or any other document or arrangement includes that party's executors, administrators, successors and permitted assigns;

(e) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

(f) headings are for ease of reference only and do not affect the meaning or interpretation of these terms; and

(g) if the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing:

(i) if it involves a payment other than a payment which is due on demand must be done on the preceding Business Day; and

(ii) in all other cases, must be done on the next Business Day.

2 General

(a) The Supplier and its affiliate website, www.sabinestraver.com provides training, both on and offline, and provides informational material for individuals who want to learn how to declutter and organise their personal and work related spaces.

(b) These terms apply to all transactions between the Customer and the Supplier relating to the provision of Goods and Services. This includes all quotations, contracts and variations. These terms take precedence over terms contained in any document of the Customer or elsewhere.

(d) The variation or waiver of a provision of these terms or a party's consent to a departure from a provision by another party is ineffective unless in writing signed by the parties.

(e) The Supplier may amend any details in a Quote by notice in writing to the Customer. Such amended details supersede any relevant prior detail in dealings between the parties.

3 Advertised Price and Quotes

(a) By submitting an Order on the Website, the Customer accepts the Advertised Price.

(b) The Supplier may provide the Customer with a Quote for Goods or Services requested by a Customer. Any Quote issued by the Supplier is valid for 5 Business Days from the date of issue.

(d) Following provision of a Quote to the Customer, the Supplier is not obliged to commence work until the Quote has been accepted by the Customer in writing.

(e) The Supplier reserves the right to amend any Quote, or the Advertised Price before the Order has been completed to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable. If the Customer does not reject the amended Quote or Advertised Price in writing within 3 Business Days, the Customer is deemed to have accepted the amended Quote or Advertised Price.

(f) An indication in a Quote or on the Website of the time frame for the provision of the Goods or Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law (ACL), this estimate is not binding upon the Supplier.

4 Orders

(a) Every Order by the Customer for the provision of Goods or Services must be submitted in writing.

(b) The Supplier is permitted to reject an Order in its sole discretion at any time prior to the provision of the Goods or Services.

(c) An Order will only be deemed to be placed by the Customer if the Order clearly identifies the Goods or Services ordered and the Supplier's Quote (if applicable). Any costs incurred by the Supplier in reliance on incorrect or inadequate information provided by the Customer in an Order may result in the imposition of an Additional Charge.

(d) Placement of an Order by the Customer signifies acceptance by the Customer of these terms and the most recent Quote provided by the Supplier or the Advertised Price.

(e) An Order cannot be cancelled without the prior written consent of the Supplier. Where an Order is cancelled, the Customer indemnifies the Supplier against any Losses incurred by the Supplier as a result of the cancellation. This includes, but is not limited to, loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled.

5 Variations

(a) The Customer may request that its Order be varied by providing a request in writing to the Supplier. A request for a variation must be agreed to in writing by the Supplier in order to have effect.

(b) If the Customer wishes to vary its requirements after a Quote has been prepared by the Supplier or after the placement of an Order, the Supplier reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by the Supplier in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods or Services or both.

(c) The Supplier has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.

6 Invoicing and payment

(a) The Supplier may, in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:

(i) prior to commencing the provision of the Goods or Services, for an amount equal to the Quote or Advertised Price plus Additional Charges; or

(ii) upon completion of the provision of the Goods or Services or any time after such completion, for an amount equal to the amount outstanding under the Quote or Advertised Price plus Additional Charges, or if no Quote or Advertised Price was available, for an amount representing the Supplier's charge for the work performed in completing the Order and for any Additional Charges.

(b) The Customer must pay an invoice issued by the Supplier to the Supplier within 5 Business Days.

(c) If any invoice is due but unpaid, the Supplier may withhold the provision of any further Goods or Services until overdue amounts are paid in full.

(d) The Supplier may in its complete discretion apply any payment received from the Customer to any amount owing by the Customer to the Supplier.

(e) The Customer is not entitled to retain any money owing to the Supplier regardless of any default or alleged default by the Supplier of these terms, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard or a delay in the provision of Goods or Services. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the ACL.

(f) The Customer is to pay the Supplier on demand interest at the rate of 10% per year on all overdue amounts owed by the Customer to the Supplier, calculated daily.

(g) All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of the Supplier, are to be paid by the Customer as a debt due and payable under these terms.

(h) The Customer and the Supplier agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.

7 Additional Charges

(a) The Supplier may require the Customer to pay Additional Charges in respect of Costs incurred by the Supplier as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by the Supplier in order for it to provide the Goods or Services within the specified time frame (if any).

(b) The imposition of Additional Charges may also occur as a result of:

(i) cancellation by the Customer of an Order where cancellation results in Loss to the Supplier;

(ii) photocopying, courier, packing or handling charges not included in the Quote or Advertised Price;

(iii) Government or council taxes or charges not included in the Quote or Advertised Price; or

(iv) additional work required by the Customer or any other occurrence which causes the Supplier to incur costs in respect of the Customer's Order additional to the quoted cost or Advertised Price.

8 Refund and Acceptance of Goods

(a) There are no refunds on digital books as items can not be returned.

(b) A 30-Day Guarantee applies to the Supplier’s online courses. To claim the guarantee, you must email support@sabinestraver.com within the first 30 days with your completed worksheets for the available weeks of “the Organise and Declutter transformation Courses” and outline why you were not satisfied with the items. This Guarantee does not apply to change of mind returns or any other Goods and Services provided by the Supplier.

(c) Each refund request must be made in writing and will be assessed by the Supplier on a case-by-case basis. Refunds will be granted at the sole discretion of the Supplier.

(d) If the Customer fails to advise the Supplier in writing of any fault in Goods or Services or failure of Goods or Service to accord with the Customer's Order within 30 days, the Customer is deemed to have accepted the Goods and Services and to have accepted that the Goods and Services are not faulty and accord with the Customer's Order. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the ACL.

9 Title and risk

(a) Risk in Goods passes to the Customer immediately upon delivery.

(b) The Supplier will endeavour to dispatch Goods within 7 Business Days of receiving an Order and the required payment.

(c) Property and title in Goods supplied to the Customer under these terms do not pass to the Customer until all money (including money owing in respect of other transactions between the Supplier and the Customer) due and payable to the Supplier by the Customer have been fully paid.

10 Copyright and Intellectual Property Rights

(a) Unless specifically agreed in writing between the Supplier and the Customer, all Intellectual Property Rights in any works created by the Supplier on behalf of the Customer vest in and remain the property of the Supplier.

(b) You are not permitted to copy, print, distribute or promote the content within the Goods and Services without prior written approval.

11 Default by Customer

(a) Each of the following occurrences constitutes an event of default:

(i) the Customer breaches or is alleged to have breached these terms for any reason (including, but not limited to, defaulting on any payment due under these terms) and fails to remedy that breach within 14 days of being given notice by the Supplier to do so;

(ii) the Customer, being a natural person, commits an act of bankruptcy; or

(iii) the Customer, being a corporation, is subject to:

(A) a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;

(B) a receiver, receiver and manager or an administrator under part 5.3A of the Corporations Act 2001 (Cth) being appointed to all or any part of the Customer's property and undertaking;

(D) any assignment for the benefit of creditors.

(b) Where an event of default occurs, except where payment in full has been received by the Supplier, the Supplier may:

(i) terminate these terms;

(ii) terminate any or all Orders and credit arrangements (if any) with the Customer;

(iii) refuse to deliver Goods or provide further Services;

(iv) repossess and re-sell any Goods delivered to the Customer, the payment for which has not been received; or

(v) retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise.

(c) In addition to any action permitted to be taken by the Supplier under paragraph 11(b), on the occurrence of an event of default all invoices will become immediately due and payable.

12 Exclusions and limitation of liability

(a) The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these terms by any law is excluded.

(b) The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:

(i) any Goods or Services supplied to the Customer;

(ii) any delay in supply of the Goods or Services; or

(iii) any failure to supply the Goods or Services.

(c) Any advice, recommendation, information, assistance or service given by the Supplier in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer's reliance on such advice, recommendation, information, assistance or service.

(d) To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on terms, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages.

(e) The ACL may give to the Customer certain consumer guarantees, which cannot be restricted, limited or varied.

13 Indemnity

(a) The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these terms.

(b) This includes, but is not limited to, any legal costs incurred by the Supplier in relation to meeting any claim or demand or any party or party legal costs for which the Supplier is liable in connection with any such claim or demand.

14 Force majeure

(a) If circumstances beyond the Supplier's control prevent or hinder its provision of the Goods or Services, the Supplier is free from any obligation to provide the Goods or Services while those circumstances continue. The Supplier may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

(b) Circumstances beyond the Supplier's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

15 Miscellaneous

(a) These terms are governed by the laws of the state of New South Wales and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state or territory.

(b) In entering into these terms, the Customer has not relied on any warranty, representation or statement, whether oral or written, made by the Supplier or any of its employees or agents relating to or in connection with the subject matter of these terms.

(c) If any provision of these terms at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.