Terms & Conditions, Starting a Microbrewery Short Course

You agree and acknowledge by booking a place in the Starting a Microbrewery Short Course (“The Course”) that you agree to the following terms and conditions which form part of a legally binding agreement between Beverage & Brewing Group Pty Ltd ACN 128 957 264 the registered office of which is situate at 2 Wingrove St Alphington Victoria, Australia 3078 and you the Customer (“the Agreement”).

1. THE COURSE

1.1 Beverage and Brewing Consulting will provide The Course on the commencement date and address specified in the booking.

1.2 Beverage and Brewing Consulting whilst using its best endeavours to provide The Course specified in the booking may at its sole discretion substitute or alter elements of the Course program.

1.3 Beverage and Brewing Consulting is not liable for any loss, damage or delay occasioned to you arising from late or non-delivery The Course or parts thereof as specified in the booking.

1.4 Any damage, loss, penalties or fines incurred by Beverage and Brewing Consulting in relation to The Course due to your or your employees, agents or contractors acts, omissions or negligence shall be your responsibility on a full indemnity basis and will be paid within seven (7) days of the date of invoice from Beverage and Brewing Consulting.

2. FEES AND PAYMENTS

2.1 You agree to pay Beverage and Brewing Consulting:

(a) Upon completing the booking by credit card or EFT and you irrevocably and unconditionally authorise Beverage and Brewing Consulting to charge your credit card with such costs and any additional fees which may become payable in accordance with this Agreement; or

(b) At any time before the commencement of The Course by cheque provided that the cheque has cleared prior to the commencement date and that the following details are clearly endorsed on the back of the cheque:

(i) the full name of the signatory;

(ii) the current address of the signatory; and

(iii) current drivers licence number of the signatory.

(c) At any time up to and including the commencement of The Course by cash.

2.2 Beverage and Brewing Consulting will charge an amount 4% higher than the rate specified in the Penalty Interest Rate Act 1983 (Victoria) on all overdue accounts until such time as payment is made in full.

2.3 You agree and acknowledge that in the event that you are in default of any payment pursuant to this Agreement to Beverage and Brewing Consulting that you will be liable on a full indemnification basis for all costs including but not limited to Mercantile Agents’ costs and legal costs that are incurred by Beverage and Brewing Consulting in obtaining payment and you further agree and acknowledge that Beverage and Brewing Consulting shall be entitled to list your default with Credit Reference Association of Australia or such similar body which will affect your credit rating.

3. GST

3.1 All fees as set out in this Agreement, GST is stated in the website payments page and must be paid at the same time as the course booking fee.

4. CANCELLATION OF BOOKING

4.1 You may cancel your booking by providing no less than one (1) business days’ notice to Beverage and Brewing Consulting prior to the Course commencement date as specified on the booking on the condition that you will pay a cancellation fee equivalent to 50% of the booking immediately or be refunded only 50% of the booking (as the case may be).

4.2 Beverage and Brewing Consulting may cancel this agreement or cancel the Course at any time prior to the Course commencement date by giving notice in writing. Beverage and Brewing Consulting shall not be liable for any loss or damage whatsoever arising from such cancellation but will either refund all fees paid by you in regards to The Course or transfer your booking to another The Course upon request.

5. VARIATION OF BOOKING

5.1 Beverage and Brewing Consulting have the sole discretion whether to refuse or grant any requests for variations of your booking and you may be subject to certain additional fees if the variation is granted by Beverage and Brewing Consulting.

6. WARRANTIES AND CONSUMER GUARANTEES

6.1 Except as provided in this agreement, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. Beverage and Brewing Consulting is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out provision of The Course or arising out of Beverage and Brewing Consulting’s negligence or in any way whatsoever.

6.2 Beverage and Brewing Consulting does not guarantee that you will achieve any specific results or outcomes by completion The Course. Results are wholly dependent on your skill and ability.

6.3 You acknowledge as follows -

(a) Completion of The Course does not result in any qualification, permit or licence to produce and/or sell alcoholic beverages or other goods.

(b) You will be wholly responsible and will indemnify Beverage and Brewing Consulting for all physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the production or sale of any alcoholic beverages or other goods by you at any time before, during or after completion of the course, including if they are produced under advice or direction of Beverage and Brewing Consulting.

6.4 The liability of Beverage and Brewing Consulting for a breach of a guarantee under Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (other than sections 51, 52 or 53) for the supply of goods or services not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited to:

(a) in the case of goods, any one or more of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;

(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

6.5 The liability of Beverage and Brewing Consulting under section 274 of Schedule 2 of the Competition and Consumer Act 2010 for the supply of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption is expressly limited to a liability to pay to the consumer an amount equal to:

(a) the cost of replacing the goods;

(b) the cost of obtaining equivalent goods; or

(c) the cost of having the goods repaired, whichever is the lowest amount.

7. USE OF THE WEBSITE &/OR COURSE NOTES

7.1 Liability: Whilst reasonable care has been taken to ensure the facts stated in the website & course notes are accurate and the opinions given are fair and reasonable, neither Beverage and Brewing Consulting nor its employees, to the fullest extent permitted by law, will be responsible for errors or mis-statements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage however caused (whether direct, indirect, consequential, special, or loss of profits).

7.2 Copyright and Limited Reproduction Notices: The content of the website and all The Course Materials are the copyright of Beverage and Brewing Consulting. No part of the copyrighted material may be distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or any other form). No part of copyrighted materials may be published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive as appropriate, solely for your own use.

7.3 Linking: The website may include links to third party materials (“linked sites”). Beverage and Brewing Consulting will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using replying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply Beverage and Brewing Consulting’ endorsement of the site or any association with their operators. Beverage and Brewing Consulting reserves the right to prohibit links to the website and you agree to remove or cease any link at Beverage and Brewing Consulting’ request. You may not frame any part of the material contained in this website by including advertising or other revenue generating material.

7.4 Advertisers: Any dealings you have with any advertiser appearing on the website are solely between you and the advertiser or other third party. Beverage and Brewing Consulting’ is not responsible or liable for any part of any such dealings or promotions.

7.5 Disclaimer: The website & course notes makes information and material available to you as a service. Use of the website material is at your own risk. Beverage and Brewing Consulting is not responsible for any adverse consequences arising out of the use of information contained on the website to you or any other person. To the extent permitted by law Beverage and Brewing Consulting excludes all responsibility and liability for such material.

8. GENERAL

8.1 If Beverage and Brewing Consulting is unable to comply its obligations pursuant to this Agreement for any reason beyond its reasonable control, Beverage and Brewing Consulting will be released of its obligations to the extent and for the period that it is unable to do so and it will not be liable to you to any way whatsoever for any claims, losses or damages however arising and whatsoever nature.

8.2 All parties to this Agreement agree to do all things necessary or expedient to carry out the objects of this Agreement -

(a) Any indulgence by one party to another or failure to enforce a provision shall not prejudice the rights of that party under this Agreement nor be deemed to be a novation hereof or a waiver of the parties rights against the other.

(b) No variation modification or waiver of any provisions of this Agreement (including this sub clause) or consent to any departure here from shall be of any force or effect unless in writing signed by the parties.

8.3 This Agreement constitutes the entire agreement between the parties and no representation, warranties or guarantees or other terms and conditions whether expressed or impliedly of whatever nature not contained or recorded herein have been made or agreed to.

8.4 This Agreement is governed by and shall be interpreted in accordance with the laws from time to time enforced in the State of Victoria Australia and each party hereby submits to the non-exclusive jurisdiction of the Courts of Victoria and any Court competent to hear appeals therefrom.

8.5 If any provision of this Agreement is voidable by any party unenforceable or illegal it shall be read down so as to be valid and enforceable or, if it cannot be so read down the provision (or where possible the offending word) shall be severed from this Agreement without effecting the validity, legality or enforceability of the remaining provisions (or part of those provisions) of this Agreement which shall continue in full force and effect.

8.6 Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.

8.7 These conditions (which shall only be waived in writing signed by the Beverage and Brewing Consulting) prevail over all conditions of the Customer’s order to the extent of any inconsistency.

8.8 All notices and other communications provided or permitted hereunder shall be in writing and shall be sent by hand delivery or prepaid post to the parties addressed as hereinbefore mentioned or to such other address any party may specify by way of notice in writing. All such notices and communications shall be deemed to have been duly given or made:

(a) When delivered or sent by hand or

(b) Seven days after posting of a prepaid post

8.9 Time is of the essence of this Agreement.