Empowered By Style Terms & Conditions

1. Definitions

“Empowered by Style” means Chantal Togany T/A Empowered by Style, its successors and assigns or any person acting on behalf of and with the authority of Chantal Togany T/A Empowered by Style.

“Client” means the person/s buying the Goods as specified in any invoice, document, or order, and if there is more than one Client is a reference to each Client jointly and severally.

“Goods” means all Goods or Services supplied by Empowered by Style to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

“Price” means the Price payable for the Goods as agreed between Empowered by Style and the Client in accordance with clause 5 below.

2. Acceptance

The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Goods.

These terms and conditions may only be amended with Empowered by Style’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Empowered by Style.

Any advice, recommendation, information, assistance or service provided by Empowered by Style in relation to Goods or Services supplied is given in good faith is based on Empowered by Style’s own knowledge and experience and shall be accepted without liability on the part of Empowered by Style and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services.

The Client accepts and acknowledges that the cost of all workshops and seminars are inclusive of Fees and Goods. However the cost of flights, accommodation, meals, drinks and all other expenses are the sole responsibility of the Client.

The Client acknowledges that all events are a ‘non-pitch’ environment and as such the Client agrees to conduct any business within the community in a professional manner. The Client accepts that if their conduct is deemed to be unacceptable by Empowered by Style and furthermore, is not corrected after notice from Empowered by Style, then Empowered by Style reserves the right to cancel membership.

The Client accepts and acknowledges that at any time during events, sessions or services, filming and photography may occur. Any footage recorded at such events may then be used for the creation of printed material, online marketing and/or social media. By agreeing to these terms and conditions the Client is giving permission for this to occur.

Furthermore, by signing this agreement, the Client gives permission for Empowered by Style to take photographs and video footage the Client during their styling session or workshop. The Client gives permission for Empowered by Style to use their image/s and understand that any image used for material or promotional purposes will depict the Client in a flattering and ethical fashion. The Client understands that should these images be used, these are the property of Empowered by Style in accordance with these terms and conditions and the Client understands that the Client is not to receive any form of payment now or in the future should such images be used.

3. Price and Payment

At Empowered by Style’s sole discretion the Price shall be either:
as indicated on any invoice provided by Empowered by Style to the Client; or

the Price as at the date of delivery of the Goods according to Empowered by Style’s current price list; or (c) Empowered by Style’s quoted price (subject to these terms and conditions) which will be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.

Empowered by Style reserves the right to change the Price if a variation to Empowered by Style’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of increases to Empowered by Style in the cost of taxes, levies, materials and labour) will be charged for on the basis of Empowered by Style’s quotation and will be shown as variations on the invoice.

At Empowered by Style’s sole discretion a non-refundable deposit may be required.

Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by Empowered by Style, which may be:

by way of instalments/progress payments in accordance with Empowered by Style’s payment schedule;

the date specified on any invoice or other form as being the date for payment; or

failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Empowered by Style.

Payment may be made by electronic/on-line banking, credit card (plus a surcharge) or by any other method as agreed to between the Client and Empowered by Style.

The Client acknowledges that GST is applicable as Empowered by Style

4. Delivery of Goods

Delivery (“Delivery”) of the Goods is taken to occur at the time that:

the Client or the Client’s nominated carrier takes possession of the Goods at Empowered by Style’s address; or

Empowered by Style (or Empowered by Style’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

At Empowered by Style’s sole discretion the cost of delivery is in addition to the Price.

The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Empowered by Style shall be entitled to charge a reasonable fee for redelivery and/or storage.

Empowered by Style may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

Any time or date given by Empowered by Style to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and Empowered by Style will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

5. Risk

Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Empowered by Style is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Empowered by Style is sufficient evidence of Empowered by Style’s rights to receive the insurance proceeds without the need for any person dealing with Empowered by Style to make further enquiries.

If the Client requests Empowered by Style to leave Goods outside Empowered by Style’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

6. Title

Empowered by Style and the Client agree that ownership of the Goods shall not pass until:

the Client has paid Empowered by Style all amounts owing to Empowered by Style; and

the Client has met all of its other obligations to Empowered by Style.

Receipt by Empowered by Style of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

It is further agreed that: (a) until ownership of the Goods passes to the Client in accordance with clause 8.1 that the Client is only a bailee of the Goods and must return the Goods to Empowered by Style on request.

the Client holds the benefit of the Client’s insurance of the Goods on trust for Empowered by Style and must pay to Empowered by Style the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for Empowered by Style and must pay or deliver the proceeds to Empowered by Style on demand.

the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Empowered by Style and must sell, dispose of or return the resulting product to Empowered by Style as it so directs.

the Client irrevocably authorises Empowered by Style to enter any premises where Empowered by Style believes the Goods are kept and recover possession of the Goods.

Empowered by Style may recover possession of any Goods in transit whether or not delivery has occurred.

the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Empowered by Style.

Empowered by Style may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

7. Personal Property Securities Act 2009 (“PPSA”)

In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Empowered by Style to the Client.

The Client undertakes to:

promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Empowered by Style may reasonably require to;

register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);

indemnify, and upon demand reimburse, Empowered by Style for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;

not register a financing change statement in respect of a security interest without the prior written consent of Empowered by Style;

not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Empowered by Style;

immediately advise Empowered by Style of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

Empowered by Style and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

Unless otherwise agreed to in writing by Empowered by Style, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA. 9.8 The Client must unconditionally ratify any actions taken by Empowered by Style under clauses 9.3 to 9.5.

Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

8.Security and Charge

In consideration of Empowered by Style agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

The Client indemnifies Empowered by Style from and against all Empowered by Style’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Empowered by Style’s rights under this clause.

The Client irrevocably appoints Empowered by Style and each director of Empowered by Style as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Client’s behalf.

9. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

The Client must inspect the Goods on delivery and must within fourteen (14) days of delivery notify Empowered by Style in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Empowered by Style to inspect the Goods.

Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

Empowered by Style acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Empowered by Style makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Empowered by Style’s liability in respect of these warranties is limited to the fullest extent permitted by law.

If the Client is a consumer within the meaning of the CCA, Empowered by Style’s liability is limited to the extent permitted by section 64A of Schedule 2.

If Empowered by Style is required to replace the Goods under this clause or the CCA, but is unable to do so, Empowered by Style may refund any money the Client has paid for the Goods.

If the Client is not a consumer within the meaning of the CCA, Empowered by Style’s liability for any defect or damage in the Goods is:

limited to the value of any express warranty or warranty card provided to the Client by Empowered by Style at Empowered by Style’s sole discretion;

limited to any warranty to which Empowered by Style is entitled, if Empowered by Style did not manufacture the Goods;

otherwise negated absolutely. 11.8 Subject to this clause 11, returns will only be accepted provided that: (a) the Client has complied with the provisions of these terms and conditions.

Empowered by Style has agreed that the Goods are defective; and

the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

the Goods are returned in as close a condition to that in which they were delivered as is possible. 11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, Empowered by Style shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

the Client failing to properly maintain or store any Goods;

the Client using the Goods for any purpose other than that for which they were designed;

the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

the Client failing to follow any instructions or guidelines provided by Empowered by Style;

fair wear and tear, any accident, or act of God.

Notwithstanding anything contained in this clause if Empowered by Style is required by a law to accept a return then Empowered by Style will only accept a return on the conditions imposed by that law.

9. Intellectual Property

Where Empowered by Style has designed, drawn, photographed, videoed or developed Goods (such as online programs) for the Client, then the copyright in any designs, photographs, videos and drawings and documents shall remain the property of Empowered by Style.

The Client agrees that Empowered by Style may (at no cost) use for the purposes of marketing or entry into any competition, any documents, photographs, videos, or Goods which Empowered by Style has created for the Client.

The Client accepts and agrees that no part of any programme material can be modified, licensed, published, transmitted, distributed, uploaded, broadcast, sold or otherwise transferred without prior written consent from Empowered by Style. The Client further acknowledges that Empowered by Style and Empowered by Style’s licensors own all Intellectual Property Rights in the programme and all programme material.

The Client accepts and acknowledges that programme material can only be used for educational purposes and under no circumstances can the programme material be used for commercial use. The Client accepts and agrees that under no circumstances is recording equipment of any kind allowed during Empowered by Style events.

10. Confidentiality

Each party agrees to treat all information and ideas communicated to it by the other confidentially and agree not to divulge it to any third party, without the other party’s written consent. The parties will not copy any such information supplied, and will either return it or destroy it (together with any copies thereof) on request of the other party.

11. Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Empowered by Style’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

If the Client owes Empowered by Style any money the Client shall indemnify Empowered by Style from and against all costs and disbursements incurred by Empowered by Style in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Empowered by Style’s collection agency costs, and bank dishonour fees).

Without prejudice to any other remedies Empowered by Style may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Empowered by Style may suspend or terminate the supply of Goods to the Client. Empowered by Style will not be liable to the Client for any loss or damage the Client suffers because Empowered by Style has exercised its rights under this clause.

Without prejudice to Empowered by Style’s other remedies at law Empowered by Style shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Empowered by Style shall, whether or not due for payment, become immediately payable if:

any money payable to Empowered by Style becomes overdue, or in Empowered by Style’s opinion the Client will be unable to make a payment when it falls due;

the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

12. Cancellation

Empowered by Style may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice Empowered by Style shall repay to the Client any money paid by the Client for the Goods. Empowered by Style shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by Empowered by Style as a direct result of the cancellation (including, but not limited to, any loss of profits).

Cancellation of orders for Goods made to the Client’s specifications, or for non- stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

13. Privacy Act 1988

The Client agrees for Empowered by Style to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Empowered by Style.

The Client agrees that Empowered by Style may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

to assess an application by the Client; and/or
to notify other credit providers of a default by the Client; and/or

to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or

to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

The Client consents to Empowered by Style being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

The Client agrees that personal credit information provided may be used and retained by Empowered by Style for the following purposes (and for other purposes as shall be agreed between the Client and Empowered by Style or required by law from time to time):

the provision of Goods; and/or

the marketing of Goods by Empowered by Style, its agents or distributors; and/or

analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or

processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

16.5 Empowered by Style may give information about the Client to a credit reporting agency for the following purposes:

to obtain a consumer credit report about the Client;

allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

16.6 The information given to the credit reporting agency may include:

personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);

details concerning the Client’s application for credit or commercial credit and the amount requested;

advice that Empowered by Style is a current credit provider to the Client;

advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

information that, in the opinion of Empowered by Style, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);

advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;

that credit provided to the Client by Empowered by Style has been paid or otherwise discharged.

14. General

The failure by Empowered by Style to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Empowered by Style’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

These terms and conditions and any contract to which they apply shall be governed by the laws of the state of Victoria in which Empowered by Style has its principal place of business and are subject to the jurisdiction of the courts of Melbourne in that state. 17.3 Subject to clause 11 Empowered by Style shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Empowered by Style of these terms and conditions (alternatively Empowered by Style’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Empowered by Style nor to withhold payment of any invoice because part of that invoice is in dispute.

Empowered by Style may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

The Client agrees that Empowered by Style may amend these terms and conditions at any time. If Empowered by Style makes a change to these terms and conditions, then that change will take effect from the date on which Empowered by Style notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Empowered by Style to provide Goods to the Client.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.