Terms & Conditions

1. INTERPRETATION
In these Conditions:
1.1 Australian Consumer Law means the law as set out
in Schedule 2 of the Competition and Consumer Act
2010.
1.2 Customer means a person who receives Services
from the Principal and includes any servants, agents,
or contractors acting on behalf of the Customer where
the context permits.
1.3 Conditions means these terms and conditions.
1.4 Consequential Loss includes any loss of data or
profits, loss of anticipated savings, economic loss or
interruption of business or any other indirect or
consequential loss.
1.5 Consumer means a “consumer” as that term is
defined in Section 3 of the Australian Consumer Law.
1.6 Consumer Guarantees means the consumer
guarantees under the Australian Consumer Law.
1.7 Contract means a contract for the supply of Services
in accordance with these Conditions, as evidenced by
a Purchase Order placed by a Customer.
1.8 Fee means the fee payable by the Customer at the
time of placing a Purchase Order as consideration for
the Services performed by the Principal.
1.9 Implied Terms means any guarantees, conditions,
warranties or other terms implied by any Australian
Commonwealth, State or Territory laws (excluding the
Australian Consumer Law), or the laws of any other
jurisdiction.
1.10 Principal means NEWMG LLC L24000059964 of 2728 SW 2ND LN CAPE CORAL, FL 33991.
1.11 Promotion means any promotion, advertisement or
otherwise inviting Purchase Orders from Customers
in respect of the Services published by the
Principal.
1.12 Purchase Order means a purchase order placed
by the Customer requesting Services from the
Principal in response to a Promotion.
1.13 Refund Policy means a policy prepared by the
Principal for the purposes of giving effect to refunds in
respect of the Services, as available on the Principal’s
website and updated from time to time.
1.14 Services means the service offerings provided by
the Principal, encompassing seminars, workshops,
courses, tutorials, lectures, presentations, and any
other related content or activities made available
through its online platform or website or as
otherwise provided for in a Promotion.

2. GENERAL
1.15 These Conditions apply to all Services provided by the
Principal from the date of publication of these
Conditions and the Customer is deemed to have read
and accepted these Conditions when placing a
Purchase Order.
1.16 These Conditions shall prevail over all inconsistencies
in a Purchase Order, unless the Principal expressly
agrees otherwise in writing.
1.17 The Principal may vary these Conditions and any such
variations will have effect from the date of publication
to the Customers.
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3. PURCHASE ORDERS
1.18 The Customer must place a Purchase Order on the
Principal’s website or by any other means as
directed by the Principal from time to time.
1.19 The Customer is deemed to have accepted the terms
of the Contract by:
1.19.1 placing a Purchase Order for the Services on
the Principal’s website;
1.19.2 making any payment or part-payment to the
Principal for the Services;
1.19.3 instructing the Principal verbally or in writing to
commence or continue providing the Services;
or
1.19.4 paying any invoices for payment issued by the
Principal calculated by the terms of this
Contract.
1.20 Upon receipt of a Purchase Order and following
payment of the Fee by the Customer, the Principal
will provide the Services.
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4. PROVISION OF THE SERVICES
1.21 The Principal will exercise all due care and skill in
performing the Services. Any timeframes for provision
of the Services made known to the Customer are
estimates only and the Principal is not liable for late
provision or non-provision of the Services.
1.22 All information and statements provided by the
Principal in performing the Services are provided in
good faith, but the Customer should not rely on them
as statements or representations of fact but must
satisfy themselves by inspection or other enquiry as to
the correctness and completeness of all such
information and/ or statements.
1.23 The Customer may cancel a Purchase Order if the
Principal is unable to deliver the Services within 90
days of any specified timeframe for the provision of
Services.
1.24 Except where clause 4.3 applies:
1.24.1 the Principal is not liable for any loss, damage
or delay occasioned to the Customer arising
from late or non-provision of the Services;
1.24.2 late provision or non-provision does not vary
these Conditions or relieve the Customer from
its obligations to accept and pay for the
Services.

5. TERM
1.25 The Promotion will outline the dates that the Services
will be provided by the Principal to the Customer.
1.26 Any dates or timeframes contemplated by clause 5.1
above can be automatically extended at any time by
the Principal advising the Customer in writing and the
terms of this Contract will continue to apply to any
extension.
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6. PAYMENT
1.27 The Customer must pay to the Principal the Fee for
the performance of the Services. The Customer must
pay the Fee at the time of placing a Purchase Order.
1.28 A payment of all or part of the Fee by the Customer
does not constitute an acceptance by the Principal to
perform the Services or a waiver of a right or action of
the Principal.
1.29 The Principal reserves the right to charge the
Customer for costs incurred resulting from the
Customer varying its instructions, correcting any errors
or omissions referred to in clause 6.4 , or requiring
Services urgently.
1.30 The Principal will supply the Services on the basis of
the Purchase Order and the information provided by
the Customer. The Principal will not be responsible
for any errors or omissions resulting wholly or partially
from incomplete or unclear instructions or information
provided by the Customer.
1.31 All amounts payable to the Principal by the Customer
must be paid in Australian dollars, unless otherwise
specified in the Purchase Order, in any manner
required by the Principal in writing and in full without
set-off.
1.32 Any costs or charges incurred by the Principal in
collecting or attempting to collect overdue amounts
must be paid by the Customer to the Principal on
demand.
1.33 The Principal reserves the right to charge interest at
the rate of 12% per annum on all overdue amounts owing
to it. Such interest will accrue daily and is payable on demand.
1.34 Payment will not be taken to occur, and the Principal
reserves the right to refrain from performing the
Servies, until all cheques tendered or electronic funds
transfer in discharge of amounts owing to the Principal
have been presented or received and cleared in full.

7. ADMINISTRATION FEE
The Principal reserves the right to charge the Customer a
reasonable administration fee for issuing any duplicate
invoices, statements or other documents requested by the
Customer, where such document has previously been
provided by the Principal.
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8. PRICES AND GST
1.35 Unless otherwise stated all prices quoted by the
Principal are net, exclusive of Goods and Services
Tax (GST).
1.36 GST applies to the provision of Services by the
Principal and the amount payable by the Customer will
be increased by a percentage equal to the prevailing
of GST rate at the time of delivery of the Services.
1.37 The Principal may amend their pricing at any time by
giving prior written notice to the Customer of such
amendment.
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9. CANCELLATION
1.38 The Principal may cancel any Contract any time
before Services are provided by giving written notice
to the Customer. On giving such notice, the Principal
will repay to the Customer any sums paid in respect of
the Services. The Principal will not have any other
liability in respect of such cancellation.
1.39 Subject to clause 4.3 , the Customer may only cancel
a Contract in the following circumstances:
1.39.1 by providing thirty (30) days notice in writing
of such cancellation prior to the
commencement of the Services as described
in a Promotion; or
1.39.2 at any time except with the Principal’s prior
written consent.
1.40 In the event that the Customer cancels a Contract
otherwise than under clause 4.3 :
1.40.1 the Principal may retain any sums paid on
account of the Services; and
1.40.2 if payment is not already made in full, the
Customer will be responsible for any losses
incurred by the Principal in respect of such
cancellation (including loss of profits, loss of
anticipated savings, economic loss or
interruption of business loss or other
incidental, consequential or indirect
damages).
1.41 In the event the Customer cancels a Contract under
clause 4.3 , the Principal will repay to the Customer
any sums paid in respect of the Services in
accordance with the Refund Policy. The Principal will
not have any other liability in respect of such
cancellation.

10. AUSTRALIAN CONSUMER LAW
Where the Customer is provided Services as a Consumer:
1.42 the Services are supplied subject to the Consumer
Guarantees;
1.43 if the Services fail to meet any Consumer Guarantee,
the Customer will be entitled to such rights and
remedies as are permitted or provided in the
Australian Consumer Law for such failure, to the
extent that such rights and remedies cannot be
lawfully excluded;
1.44 the Customer may only exercise any right or remedy
for breach of a Consumer Guarantee strictly in
accordance with the rights and responsibilities of the
Customer under the Australian Consumer Law.

11. GENERAL LIMITATION ON LIABILITY
1.45 This clause 11 does not limit the liability of the
Principal under the Australian Consumer Law.
1.46 The Principal shall not be liable for any guarantee,
warranty or representation as to the quality,
performance, and fitness for purpose or otherwise of
any Services unless expressed in writing and any
such warranty or representation shall be limited to its
express terms.
1.47 None of the Implied Terms apply to any Contract
except to the extent that they cannot be lawfully
excluded.
1.48 The Principal’s liability for breach of any provision of
any such Contract or for breach of any Implied Terms
which by force of law cannot be excluded from
applying to any such Contract is limited at the option of
the Principal to repairing or re-supplying the Services
which have been found defective, or, paying the cost
of re-supplying the Services which have been found
defective.
1.49 The Principal is not liable in tort for any loss or
damages suffered by the Customer or by any third
party.
1.50 In no circumstance whatsoever shall the Principal be
liable to the Customer or to any third party for any
Consequential Loss in connection with any Contract or
Implied Terms and the Customer will keep the
Principal fully indemnified against any claim made
against the Principal by the Customer or a third party
for Consequential Loss.
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12. NO WARRANTIES
1.51 The Principal does not make any warranty or
representation (express or implied) as to the currency,
accuracy, adequacy, suitability, reliability or
completeness of any information provided by the
Principal to the Customer in performing the Services
or any information that may be provided in association
with the Services.
1.52 The Principal accepts no responsibility or liability,
whether arising from negligence or otherwise for any
reliance placed on the contents of any documents
provided by the Principal to the Customer as part of
the Services or for any representations (whether
express or implied) or information (including forecasts)
contained in or any omissions from the same, or any
written or oral communications transmitted to the
Customer in the course of providing the Services.
1.53 To the extent that that the Principal is not the author or
source of any document provided to the Customer,
they merely pass that document on and do not adopt
the content of it.
1.54 The risks, responsibilities and liabilities connected with
relying on the Services are solely those of the
Customer.
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13. INTELLECTUAL PROPERTY
1.55 The Customer acknowledges that the ownership of
and all rights in relation to intellectual property of the
Principal or any third party that pre-exist this Contract
are and remain the property of that party and that
there is no change to any right, title or interest in such
intellectual property by virtue of this Contract.
1.56 The ownership of any intellectual property authored or
produced by the Principal in supplying the Services
vests solely in the Principal immediately on its
creation, and the Customer has the right to use that
intellectual property only for the purposes for which it
is supplied.
1.57 For the purposes of this clause 13 , intellectual
property means all rights, comprised in any patent,
invention, copyright, design, trademark, eligible layout,
or similar right, whether at common law or conferred
by statute, including the right to apply for registration in
respect of those rights, and the rights to protect trade
secrets, knowhow and goodwill.

14. COPYRIGHT
The Principal owns the copyright in all documents authored
by it in supplying the Services. The Customer has the right to
use those documents only for the purposes for which they are
supplied as part of the Services.
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15. PLACE OF CONTRACT
1.58 This Contract is made in the State of South Australia.
1.59 The Customer and Company agree that unless
otherwise stipulated by the Principal all disputes
arising between them shall be submitted to the courts
of the State of South Australia and any court
competent to hear appeals from those courts of first
instance.
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16. DISPUTE RESOLUTION
1.60 Any dispute between the parties arising from the
performance of the provisions of this Contract and any
invoice for payment issued by the Principal to the
Customer must be attempted to be settled between
the parties by an authorised representative with
authority from each party meeting within fourteen (14)
days of notification of a dispute in writing from one
party to the other party. Such meeting is to take place
within the state of South Australia at a place
nominated by the Principal.
1.61 If the meeting referred to in clause 16.1 does not result
in the settlement of the dispute between the Principal
and the Customer, the dispute may then be referred to
mediation, if agreed by both parties. The mediator is to
be appointed by agreement between the parties and
in the event that the parties agree to mediate but
within seven (7) days of agreeing to such mediation
cannot agree to the mediator to be appointed then the
mediator is to be appointed by the then current
President of the Law Society of South Australia. The
costs of any mediation are to be borne equally
between the parties.
1.62 If the dispute cannot be settled through mediation, or
the parties do not both consent to a mediation, then
either party is at liberty to commence legal
proceedings.
1.63 During the period in which the dispute is being
resolved, the parties must continue to perform all of
the provisions of the Contract which are not under
dispute.
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17. MISCELLANEOUS
1.64 A Contract may be altered in writing signed by each
party.
1.65 Unless otherwise provided, a party may in its
discretion give (conditionally or unconditionally) or
withhold any approval or consent under a Contract.
1.66 The Customer must not assign or otherwise deal with
a Contract or any right under it without the written
consent of the other party.
1.67 A Contract constitutes the entire agreement between
the parties about its subject matter and supersedes
any prior understanding, agreement, condition,
warranty, indemnity or representation about its subject
matter.
1.68 A waiver of a provision of or right under a Contract
must be in writing signed by the party giving the
waiver and is effective only to the extent set out in the
written waiver.
1.69 The failure, delay, relaxation or indulgence by a party
in exercising a power or right under a Contract is not a
waiver of that power or right.
1.70 An exercise of a power or right under a Contract does
not preclude a further exercise of it or the exercise of
another right or power.
1.71 Each indemnity, obligation of confidence and other
term capable of taking effect after the expiration or
termination of a Contract, remains in force after the
expiration or termination of the Contract.

18. INTERPRETATION
In these Conditions, unless the context otherwise requires:
1.72 headings do not affect interpretation;
1.73 singular includes plural and plural includes singular;
1.74 a reference to a party includes its executors,
administrators, successors and permitted assigns;
1.75 a reference to a person includes a partnership,
corporation, association, government body and any
other entity;
1.76 an agreement, representation, warranty or indemnity
by two or more parties (including where two or more
persons are included in the same defined term) binds
them jointly and severally;
1.77 an agreement, representation, warranty or indemnity
in favour of two or more parties (including where two
or more persons are included in the same defined
term) is for the benefit of them jointly and severally;
1.78 a reference to legislation includes any amendment to
it, any legislation substituted for it, and any
subordinate legislation made under it;
1.79 a provision is not construed against a party only
because that party drafted it;
1.80 an unenforceable provision or part of a provision may
be severed, and the remainder of these Conditions
continues in force, unless this would materially change
the intended effect of these Conditions;
1.81 the meaning of general words is not limited by specific
examples introduced by ‘including’, & 'for example' or
similar expressions.