- These Terms and Conditions are made on behalf of The Sonic Group Pty Ltd ACN 640 202 428 ABN 65 368 752 504 trading as Evoluccion Consulting Agency, and all references to Evoluccion Consulting Agency ‘We’, ‘Us’, ‘Our’ in these Terms and Conditions. Use of Our website www.evoluccion.com (Website) and any programs are subject to the following Terms & Conditions.
- We reserve the right to update and improve the Website and change these Terms and Conditions without further notice. The updated or changed Terms and Conditions will be available on Our Website and will apply once available.
- You agree to use this Website only for lawful purposes and in a manner, which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.
Memberships, Programs, Conduct and Payment
- To become a member of Evoluccion Consulting Agency programs, you must apply for consideration, then if accepted, pay the membership fees or fees as set out on Our Website and/or contract. Acceptance as a member is on a discretionary basis.
- When you use Our Website, join Evoluccion Consulting Agency events and interact with any other Evoluccion Consulting Agency members, you must always respect confidentiality and behave in a respectful manner. Matters discussed at Evoluccion Consulting Agency meetings and events are confidential to the participants of that meeting or event.
- Some of Our memberships may require payment of a yearly Membership Fee or any other program fee determined, and you agree to pay this Membership Fees as per the payment dates and payment methods set out on Our invoices. Membership Fees may change from time to time and the changed Membership Fees apply if membership is continued past the initial agreed period.
- We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on the invoice. If invoices are unpaid after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed. We reserve the right to report bad debts to independent credit data agencies.
- Termination by You
- You may terminate the Participation Agreement and cease participating in the Program by providing Us with 30 days written notice at any time.
Intellectual Property and Use of Material
- The copyright in this Website and its content is owned by us or licensed to us. The copyright in all material created regarding Evoluccion Consulting Agency is owned by us. All trademarks mentioned on this Website belong to their respective owners.
- We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided. The material provided on the Website is for personal use only and may not be re-sold and/or redistributed in any material form, stored in any storage media; and/or re-transmitted in any media (other than via any social media sharing buttons on the material), without Our prior written consent.
- You may view this Website and its contents using Your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this Website is strictly prohibited. You may not modify or copy the layout of the Website and any computer software and code contained in the Website.
Links to and from third-party websites
- The Website may contain links to other websites, and which are not under the control of the Evoluccion Consulting Agency. Any links are provided for Your convenience and do not signify or imply that we endorse the Website. Evoluccion Consulting Agency is not responsible for the material contained on those linked Websites.
- You may not create a link to/from this website from/to another website without Our written consent.
- You may be invited to or permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on Our Website. By making available any User Content on or through Our Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of Our Website.
- You agree that you are solely responsible for all User Content that you make available on or through Our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or Our use of the User Content on, through or by means of Our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at Our sole discretion), remove any User Content.
Liability and Disclaimers
- The information contained in this Website is for general information purposes only. While We endeavor to keep information up to date and correct, any reliance you place on the information is at Your own risk.
- While every effort will be made to ensure that the Website is kept up to date and operational, to the full extent permitted by law Evoluccion Consulting Agency disclaims any and all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the website and/or of any linked Websites.
- the uninterrupted and error free operation of the website; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the website and/or on any linked Websites.
- You read, use and act on Our Website and content on the Website, and matters discussed at Evoluccion Consulting Agency meetings and events, at Your own risk.
20.Nothing in these Terms and Conditions excludes Your statutory rights as a consumer under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth). You agree that Evoluccion Consulting Agency’s liability for the services is governed solely by the ACL and these Terms and Conditions.
Dispute Resolution and Termination
- If there is a dispute between the parties in relation to these Terms and Conditions, the parties agree to the following dispute resolution procedure:
- The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
- If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Institute Of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under this Agreement, by law or in equity
- We may terminate any membership with Evoluccion Consulting Agency at any time, in Our sole discretion, if you:
- breach any of Our policies or terms and conditions, including these Terms and Conditions.
- Post any material on the Website, or behave or act in a way in any of Our meetings, events or groups, that defames, harasses, threatens, menaces or offends any person.
- Use Our Website or mailing lists to send unsolicited email messages or other communications; and
- Fail to pay any of Our Membership Fees or program fees as set out in the invoice.
23.In no event will Evoluccion Consulting Agency be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Last update: 15 April 2020