Terms & Conditions
You will be taken to have accepted these Terms and Conditions by: (a) acknowledgement at the time of an online or offline registration or by accessing or using the Focalength website or any of its presence on associated social media platforms to buy, register, conduct other transactions or any learning activity.
These Terms and Conditions apply to the entity or individual that makes the registration for any Focalength Event (as defined below), the person/s who attend any Event and all persons that access any Focalength Content (as defined below).
1. (Focalength Events) The following provisions apply to an offline or online event including any workshop, webinar, course, seminar and symposia (collectively, “Event”) held by Focalength Pty Ltd A.C.N. 656 741 865 (“Focalength”) or in collaboration with other organisations.
a) (Registration) Your registration for the Event is taken as personal acceptance by you of these Terms and Conditions. If you do not accept them, you must immediately notify Focalength. These Terms and Conditions also apply to any company or other organisation with which you are affiliated, or which has made the registration for you.
b) (Cancellation by you) Event registration cancellation by you must be in writing. If you cancel, substitute delegates are welcome. The date of cancellation is the date Focalength receives written notice. Only cancellations made on or before seven (7) days of the Event will receive a full refund.
c) (Cancellation by Focalength) Focalength will refund attendance payments (eg the registration fee) for the Event received in full satisfaction of all of its liabilities if it cancels the Event for any reason, or changes the date/s and that does not suit you. No refund can be given for travel, accommodation, meals and related expenses incurred by you.
d) (Payments) If you fail to meet financial obligations in a timely manner Focalength may terminate your Event registration without notice and without obligation to refund any money previously paid.
e) (Charges) Event prices are based on exchange rates and charges at the time of writing. If the price changes, we will ask you to confirm your wish to proceed at the altered price before further processing your payment or registration.
f) (Privacy) (i) (Demonstration Patients and Course Participants) You acknowledge and will respect and protect the personal information of people attending the Event; and (ii) (Yours) you give permission for your personal information to be used in Focalength’s databases, directories, listings and web and digital media applications to communicate with you, complete transactions and keep you up to date with Focalength’s offerings. You may unsubscribe at any time using the “unsubscribe” option in communication sent to you.
g) (Solicitation) Except for the referral of patients to other practitioners, you accept that you are prohibited by these Terms and Conditions, as well as by privacy, copyright and confidential information law, from soliciting, copying or using the names, contact details or personal information of any Event registrant.
h) (Accidents) Focalength expects behaviour at events to be safe and responsible and accepts no responsibility in the event of death, damage, injury, theft or loss (including financial or of goods) of any kind arising from mishaps, accidents, misbehaviour (including defamation or disparaging comments) or negligence.
2. (Focalength Intellectual Property) Focalength’s business depends on the development, management and communication of our intellectual property. These Terms and Conditions apply to Focalength’s materials, print or online works and publications (collectively “Focalength Content”). Focalength Content includes materials provided before, during or after the Event, including in email attachments, images, audio and video files, written material, trading name, brands, registered and unregistered trade marks, website content, domain names and other intellectual property, whether digital, hard copy, written or verbal.
a) (Limited Licence for You) You are permitted to use Focalength Content solely and personally to treat individual clients.
b) (Focalength Ownership) Focalength has all legal rights, title and interest to the Focalength Content. You acknowledge that you will not register or use material that unlawfully, unconscionably or unethically trades off Focalength Content or makes any false or misleading claim to affiliation, sponsorship or approval by Focalength. These legal rights, title and interest are effective worldwide under contract law and international intellectual property law conventions.
c) (Copying, Supplying or Adapting) You must not copy, make, supply or adapt or permit others to copy, make, supply or adapt any copy, part, version, modification or enhancement of Focalength Content in any manner or for any purpose whatsoever except as permitted in writing by Focalength. You must not develop any work adapting, encapsulating, reproducing, based on or derived from Focalength Content in any media.
d) (Rights Reserved) All rights are reserved by Focalength, except as expressly specified in these Terms and Conditions.
3. (Focalength Content Teaching) Practitioners and educators are not created equal. What Focalength teaches and how it teaches is the result of years of clinical experience with clients and ongoing research. Inappropriate, misleading and unauthorised use of Focalength Content for teaching by you is unethical. It is also legally dangerous. You acknowledge that Focalength Content is for your clinical use as a practitioner.
4. Termination: If you breach these Terms and Conditions Focalength may immediately terminate this Agreement. Termination will automatically terminate any licence or permissions given to you.
5. Remedy On notice to you, you agree to immediately remedy any non-compliance by you with these Terms and Conditions.
6. (Indemnity) Without limitation to any other remedy, as a separate, additional and severable liability, you irrevocably indemnify and must at all times keep indemnified Focalength, its related bodies corporate, officers and employees from all demands, claims, actions, proceedings, settlements, liability, accidents, events, acts, omissions, expenses, death, bodily injury, disability, sickness, disease, damages, costs and loss of any type (including accounting and legal fees and disbursements on a full indemnity basis) suffered or incurred by Focalength (directly or indirectly) as a result of or arising from breach (by commission or omission) of these Terms and Conditions by you or any wilful, unlawful or negligent act or omission by you or any related bodies corporate, trust or person for whose acts or omissions you are vicariously liable in connection with these Terms and Conditions.
7. (Transfer) Focalength may assign, subcontract or otherwise transfer these Terms and Conditions but you may not.
8. (Variation) These Terms and Conditions or any part of them may be varied, modified, amended, added to or substituted only by a document in writing.
9. (Composition) These Terms and Conditions constitute the entire agreement between Focalength and you about its subject matter. They supersede all previous agreements, representations, arrangements, understandings, undertakings, terms, conditions, warranties or provisions of all types whether express or implied.
10. (Interpretation) Headings in these Terms and Conditions are for convenience and have no effect on interpretation. No rules of construction apply to the disadvantage of one party on the basis that it offered or drafted these Terms and Conditions.
11. (Governing Law) These Terms and Conditions must be interpreted and governed by the laws of the state of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to these Terms and Conditions, it will be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.