Definitions

  • TDA: Refers to The DISC Agency, including its subsidiaries, corporate bodies, or related entities.
  • Advice: Any advice provided by TDA during interactions with a Customer. Such advice is general in nature, and Customers should consider its appropriateness based on their objectives, financial situation, needs, and legal responsibilities before acting on it.
  • Customer: The person, business, or company, including external contractors or consultants engaged by the Customer, who purchases any of the Products offered by TDA.
  • Products: All products and services provided by TDA, including but not limited to Corporate Facilitation, Coaching & Training, Sales Training, Profiles, Coaching, and/or Advice.

Acceptance

By accepting and placing an order with TDA, you confirm that you have read and agree to these terms and conditions.

Limitation of Liability

TDA does not guarantee that its Products are fit for their intended use. The Customer must ensure that the Products meet their requirements and needs. TDA is not liable for any direct or indirect loss or damages arising from the Products it supplies, including Corporate Facilitation, Coaching & Training, Sales Training, Profiles, Coaching, and Advice. The Customer agrees to indemnify TDA against all liabilities, costs, and expenses arising from any claim related to these Products.

All Products and Advice provided by TDA are believed to be accurate and reliable at the time of provision, but no warranty is given. TDA does not accept liability for any claims arising from the use of its Products or Advice. Liability, where it cannot be excluded, is limited to the value of the Products purchased. TDA is not liable for any loss, damage, delay, additional expense, or inconvenience caused by force majeure or events beyond TDA’s control.

Facilitation and Profile Confirmation

Full payment is required to confirm and secure Facilitated Workshop Training dates/bookings. Without full payment, dates are not confirmed and may be released. Payment is required at least 7 days prior to the event. Payment for travel and accommodation, if required, is due in full at the time of booking. Profile orders must be paid in full before distribution to your nominated email address.

Event Cancellation Policy

If TDA cannot hold a scheduled event, TDA will offer attendees the option of a rescheduled event or a refund.

Refund Policy

Full refunds are offered for cancellations made more than 30 business days prior to an event. For cancellations made between 30 and 14 business days prior to the event, 50% of the amount received will be refunded. Cancellations made less than 14 business days prior to the event are non-refundable.

Default Event

A Default Event occurs if the Customer fails to pay any monies owed by the due date or breaches these Terms and Conditions. In such cases, TDA may terminate this agreement in writing.

Cost Recovery

All reasonable costs, expenses, and disbursements incurred by TDA (including debt recovery costs, legal costs, and agency fees) arising from or incidental to TDA exercising a right under these Terms and Conditions or from a Default Event are payable by the Customer on demand.

Interest

Interest will accrue at the rate specified by the Penalty Interest Rates Act (Victoria) from the date any payment owing to TDA falls due until the amount is paid in full.

Intellectual Property

While working with TDA, you will have access to TDA’s intellectual property, which is designed to suit your business requirements. This information is protected and highly valued in the Australian market. Training materials and documentation provided by TDA may be used only for managing your business. These materials must not be distributed, copied, or reconstructed for any other purpose or shared with associated companies or external parties. You must not use TDA’s tools in a manner detrimental or inconsistent with TDA’s interests.

Adjustment of Pricing

The cost of Facilitation or profiles and assessments may increase from time to time. TDA will notify the Customer in advance of any price increases.

Legal Advice

The Customer has had the opportunity to seek their own legal advice before executing this agreement and agrees to be bound by these terms and conditions.

Governing Law

This agreement is governed by the laws of Victoria. By signing this agreement, you consent to the exclusive jurisdiction of the Courts of Victoria and the Commonwealth of Australia.