General Terms of Service
All of the materials on this website as well as any email subscriptions that lead to blog posts on this website are the property of Rowena Morais and subject to the following Terms of Service (TOS), which may be updated from time to time without notice. When using any particular services offered (whether they be owned or operated by Rowena Morais) you shall be subject to any guidelines posted and any rules applicable, which guidelines and/rules may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- Description of Services Offered
1.1 Rowena Morais provides users with access to a rich collection of resources which may include but is not limited to personalised content, coaching, editing, ghost-writing, writing or blogging, consulting, courses and other writing or communication services (the “Service”). All of these services are subject to the TOS.
1.2 You understand and agree that the Service is provided “as-is” and that Rowena Morais assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
- Payment Obligations for Services Rendered
Once services have been contracted by you, you agree to be responsible for all payments specified at the timelines specified in any agreements signed as well as invoices issued.
3.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that any content that you make available either by uploading, posting, email or transmitting will be your responsibility. Rowena Morais does not guarantee the accuracy, integrity or quality nor endorse in any way, the content generated by others.
3.2 You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will Rowena Morais be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
3.3 You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials. Junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like are not allowed;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law.
You acknowledge that Rowena Morais may or may not pre-screen Content, but that Rowena Morais shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Rowena Morais shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.
You acknowledge, consent, and agree that Rowena Morais may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Rowena Morais, associates, affiliates, users, and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Rowena Morais and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- Special Admonitions for International Use
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia, the United States or the country in which you reside.
- Content Submitted or Made Available for Inclusion on the Service
Rowen Morais does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant Rowena Morais and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or Rowena Morais removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the Rowena Morais network of properties that are intended by Rowena Morais to be available to the general public.
You agree to indemnify and hold Rowena Morais and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your membership ID), use of the Service, or access to the Service.
- Modifications To Service
Rowena Morais reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rowena Morais shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.
You agree that Rowena Morais may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to:
(a) breaches or violations of the TOS or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you (self-initiated account deletions);
(d) discontinuance or material modification to the Service (or any part thereof);
(e) unexpected technical or security issues or problems;
(f) extended periods of inactivity;
(g) engagement by you in fraudulent or illegal activities; and/or
(h) non-payment of any fees owed by you in connection with the Services.
Termination of your account includes:
(a) removal of access to all offerings within the Service,
(b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service.
Further, you agree that Rowena Morais shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.
- Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser.
You agree that Rowena Morais shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because Rowena Morais has no control over such sites and resources, you acknowledge and agree that Rowena Morais is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Rowena Morais shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Disclaimer of Warranties
You expressly understand and agree that YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The service is provided on an “as is” and “as available” basis. Rowena Morais expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Limitation of Liability
You expressly understand and agree that Rowena Morais shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if such losses are reasonably foreseeable or Rowena Morais has actual notice of the possibility of such damages ), resulting from:
(i) The use or the inability to use the service;
(ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchases or obtained or messages received or transactions entered into through or from the service;
(iii) Unauthorised access to or alternation of your transmissions or data;
(iv) Statement or conduct of any third part on the service; or
(v) Any other matter relating to the service.
- Exclusions and Limitations
Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
- Trademark Information
All logos, product, and service names related to these TOS are trademarks of Rowena Morais except where indicated otherwise. Without Rowena Morais’s prior permission, you agree not to display or use in any manner any of these trademarks.
- Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
Rowena Morais respects the intellectual property of others, and we ask our users to do the same. Rowena Morais may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Rowena Morais the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorised to act on his or her behalf:
1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the site;
3. your address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may give the above notice to Rowena Morais by email at email@example.com.
- General Information
Entire Agreement. The TOS constitutes the entire agreement between you and Rowena Morais and governs your use of the Service, superseding any prior agreements between you and Rowena Morais with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Rowena Morais shall be governed by the laws of the Australia without regard to any principles of conflicts of law.
Waiver and Severability of Terms. The failure of Rowena Morais to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Terms of Service Pertaining to Delivery of Courses
1.1 These terms of service cover your participation at any courses or events run or managed by Rowena Morais whether seminar, workshop, conference or briefing, whether such course is delivered in public or in-house and any other course offered (the “Course” ).
1.2 Your participation is conditional upon your acceptance and compliance with the terms herein as well as any specific terms governing your attendance at a Course, including any registration forms signed. You are deemed to have consented to these Terms by continued use of this Website or participation at any Course. Rowena Morais reserves the right to amend the Terms at any time and shall post notices of amendments on this site as and when necessary.
2. Local Laws
This agreement is governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the jurisdiction of the courts in Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
3.Terms Governing Attendance and Registration for Events
3.1. These terms govern you if you are purchasing attendance to a Course delivered and/or organised by Rowena Morais and to your company if they provide the payment, regardless of attendance or substitution. Such participation includes the benefits listed therein the Registration Form and in correspondence. In the event of conflict of terms, the terms in the Registration Form will take precedence. The Course here refers to any type of course, whether technical, business, certification-led or not, regardless of geography, location, date, venue or time. Registration Forms refer to the registration forms provided by Rowena Morais
4. Substitution Policy
You may confirm purchase of attendance at a Course by signing and returning a Registration Form, by sending an email or fax confirming the event and payment details or by confirming the same by telephone. Substitutions are acceptable from you or your Company. All substitutions are required to be notified at least 5 business days prior to the Course date.
You covenant to keep all Proprietary Information and any information concerning the management, operations, properties, business or procedures of Rowena Morais, which is or may be exchanged with you and which is not in the public domain secret and confidential. The obligations in this Clause shall continue to apply after the event. You hereby acknowledge and accept that Rowena Morais may forward certain information concerning your participation to the Speakers and to the Sponsor(s) (where applicable). Should you not be agreeable to any of the information that may be forwarded, you should communicate the same to Rowena Morais.
You acknowledge and accept that, to the extent permitted by law, Rowena Morais shall be under no liability to you whatsoever, whether in contract or tort (including, without limitation, negligence), breach of statute or any other legal or equitable obligation in respect of any other loss or damage. In making arrangements with third parties for carriage by air, hotel accommodation, transportation, restaurants and otherwise, Rowena Morais acts only as agent of the Attendee and does so on the express condition that no liability of any kind howsoever caused shall attach to Rowena Morais in connection with or arising out of such arrangements. Rowena Morais shall not be held liable for any behaviour resulting from any attendee’s excessive consumption of alcohol.
The Attendee hereby indemnifies and holds Rowena Morais harmless from and against all and any costs, damages and expenses, which are incurred by the Attendee, its agents and employees.
The Attendee acknowledges and accepts that copyright in the whole and/or part of the Event is and remains the property of Rowena Morais. Action for unauthorised use or access will be taken.
This Agreement is not intended to create a relationship of partnership, joint-venture or agency between the parties and neither parties shall hold itself out as being so related. All Attendees are independent contractors.
Each party warrants that it has authority ability and power to enter and perform its obligations and the acts required of it under this Agreement and shall do all such things to give effect to this Agreement.
Any clause or part of a clause of this Agreement which is unenforceable, illegal or void is severed and is ineffective only to that extent within that jurisdiction and the rest of this Agreement remains in force.
This Agreement in conjunction with the Registration Form signed or communicated to Rowena Morais contains the entire agreement and understanding between the parties on everything connected with the subject matter and supersedes and merges any prior agreement or understanding on anything connected with that subject matter.
Time is of the essence in dealings with Attendees in relation to these events.
An amendment or variation to this agreement is not effective unless it is in writing and signed by the parties. Except where otherwise specified, the rights and remedies granted to a party under this Agreement are cumulative and in addition to, and not in lieu of, any other rights or remedies which the party may possess at law or in equity. The terms of this Agreement survive its termination to the extent permitted by law. This Agreement shall be binding upon the heirs, executors, administrators and successors in title of the parties. The Attendee further agrees to abide by the terms and conditions of the venue owner where any Course is held, the terms of which may be furnished on request.
15. Cancellation and Refund Policy
15.1 The Attendee acknowledges that no other warranties, representations or acknowledgements, written or verbal, have been made which are not reflected herein. Should the Attendee’s behaviour at any point for any reason, including but not limited to, delay in provision of the necessary information or excessive alterations to requirements have any effect on the smooth operation of the Event, Rowena Morais maintains the right to cancel the Attendee’s booking by written notification. The Attendee agrees to resolve in good faith any dispute in a spirit of goodwill and compromise through a mediator. Where a credit note is issued for any reason, the time frame for use of the credit note is limited to 1 year from date of issue, unless specifically agreed otherwise in writing. Where an invoice has been generated but the registration form has yet to be signed, the issuance of the invoice by Rowena Morais is deemed to constitute registration by the client for the Course and thereafter, acceptance of Rowena Morais’s terms and conditions so applicable.
15.2(I) Cancellation by Rowena Morais.
Rowena Morais shall not be held responsible for any loss or damage consequent upon the postponement or cancellation thereof. Individual companies or individuals may take out insurance coverage through their own brokers. Should the event be cancelled for reasons outside of Rowena Morais’s control, attendees who have paid for attendance will be given a refund or a credit at a future event valid for a period of one (1) year. All refunds paid shall be processed within 60 working days of the receipt of the written request.
15.2(2) Postponement by Rowena Morais.
Should the event be postponed, attendees who have paid for the Course in full, will be given an automatic credit to attend the new nominated course dates arranged. Alternatively, an attendee may request in writing for a full refund. All refunds paid shall be processed within 60 working days of the receipt of the written request.
15.2 (3) Cancellation/Postponement by the Attendee.
On receipt of the Registration Form, a seat is reserved for the Attendee and payment will be due. The late delivery of an invoice shall not mean that the monies due are not payable. An attendee who wishes to cancel his registration shall do so as soon as possible after the decision so as not to incur a cancellation fee. Any change by the Attendee in regards to attendance whether cancellation or postponement is treated as cancellation in this regard.
15.2 (4) Cancellation/Postponement by the Attendee
Below is the calculation of cancellation fees applicable for any cancellation or postponement by the attendee. As these fees vary depending on the notice provided, you are advised to provide early notice to avoid fees being charged.
Cancellation/Postponement > 30 working days before attendance of or access of the Event :
No cancellation fee payable
Cancellation/Postponement < 30 working days of the Event :
Cancellation fee equivalent to 25% of the fee as stated on the Registration Form shall be due and payable
Cancellation/Postponement < 15 working days of the Event :
Cancellation fee equivalent to 50% of the fee as stated on the Registration Form shall be due and payable
Cancellation/Postponement < 7 working days of the Event, on the Event day or after the Event :
Cancellation fee equivalent to 100% of the fee as stated on the Registration Form shall be due and payable.
Administrative charges for move of course dates nominated by Attendee. If you decide to move course dates once you have signed up for a particular course date, you can transfer to another course date offered by Rowena Morais.
However, please bear in mind two fees applicable : –
(a) there will be a cancellation/postponement fee applicable for your change and this rate is dependent on the notice period you’ve given to Rowena Morais.
(b) there will also be an administration fee equivalent to 3% of the course fee charged for moving you from the nominated course date to new course dates. The course date you select however, is subject to confirmation by Rowena Morais at the time. Courses may be postponed depending on number of registrations received.
15.2 (5) Payment of cancellation fee. The cancellation fee shall be deducted from the payment made already and where there is a refund of the balance applicable, the refund of the balance shall be returned to the attendee.
15.2 (6) The Cancellation Policy applies regardless of whether payment has been received from the attendee or not. Cancellation fees will be invoiced on notice of cancellation and is due seven (7) days from receipt of invoice
16. Registration fees
All course registration fees are subject to amendment from time to time. While we endeavour to publish the most updated course registration fees, there may be changes that take effect at/around the time of payment. The candidate agrees to pay any differential amount owing, for the registration fee, on notification of the appropriate and correct registration fee. The correct registration fee is as notified by Rowena Morais.
17. Payment Policy
The terms of payment for attendee registrations at any event by Rowena Morais is strictly within seven (7) working days of receipt of an invoice from Rowena Morais. All payments shall be made in full unless otherwise agreed and shall be evidenced by an official receipt. The receipt shall only be considered valid upon clearance of all monies/funds. An invoice will be sent by fax or email to the relevant cardholder or accounts personnel upon receipt of the Registration Form. Where the registration is received less than seven (7) days from the date of the Course, full payment shall be made the day preceding the Event unless prior special arrangements have been discussed and agreed upon. Rowena Morais reserves the right to charge interest at the rate of 1.5% per month on any overdue account. All invoices and receipts are computer generated and therefore require no signature.