1. Background to this Agreement

We are Experience Assaggio Pty Ltd ACN 662 369 593 (Experience Assaggio, we, us, our and other similar terms). When we refer to you (you, your and similar terms) we are referring to the person who enters into this Agreement with us.

These terms govern our arrangement with you. By signing up for one of our Experience Offerings or to one of our Subscription Packages you agree to comply with and be legally bound by this Agreement.

2. Disclaimer

2.1 You undertake activities at your own risk

Like other activities you may observe, the activities presented or depicted during our Experiences are undertaken by subject experts. Our instructors typically have years of experience and undertake activities which require a degree of skill, expertise and research which they have developed over time. Replicating any of the activities you observe via our content is at your own risk and all safety precautions should be researched and taken.

2.2 We are not liable for third party agreements

While we may offer assistance in arranging for bookings, seeking out suitable operators and making recommendations, we are not liable for travel, accommodation or other services offered by third parties. Such arrangements are between you and third parties and we are not a party to any contract or other arrangement you have with them.

2.3 We are not liable for damage arising from your actions

You are solely responsible for any damage suffered by you or third parties which arise from your own activities.

2.4 Travel and other insurance

Some of our experiences have you travel to places like the beautiful Italian countryside. All travel carries some degree of risk. We do not provide insurance advice nor are we an insurance provider. It is solely your responsibility to arrange suitable travel insurance or other insurance you may require or desire.

Unless expressed otherwise, you are required to arrange and pay for your own travel and accommodation as required to undertake the Experiences we offer. Of course, we will endeavour to give you our recommendations and may be able to assist you with booking those options.

3. Payment of Fees

You must pay all Fees before obtaining access to our Library or attending our Experience Offerings. Unless otherwise expressed in writing, all Fees referred to include GST.

3.1 Offering Fees

Our Offerings may be live, in person online or pre-recorded. You will obtain access to the Experience Offering which you procure in accordance with any timetables set out in the Offering Details and upon payment of the Fees. If you experience any difficulties accessing the Offering, or otherwise have any queries relating the Offering itself, please contact us via ciao[at]experience-assaggio.com.

You acknowledge that you are required to pay the Fees set out in the Experience Offering you procure whether or not you ultimately make use of our services or attend the Experience you signed up for.

3.2  Subscription Fees

When you subscribe to one of our Subscription Packages you will obtain access to the Library referred to in the Subscription Package for the Subscription Period. Subscription Fees must be paid in accordance with the Payment Terms.

If your Subscription is not terminated in accordance with clause 15 prior to the expiry of the then current Subscription Period, the Subscription will automatically renew for a period equal to the current Subscription Period.

4. Your account

You acknowledge and agree that in order to use our services, you are required to provide us with personal information and in order to access any online content you may need to create an account. You agree to use reasonable endeavours to keep all account details strictly confidential including the security credentials.

You are responsible for your account activities, whether those activities are authorised or not, unless they arise from a technical issue associated with our systems.

5. Your use of, and participation in, the Experience

This clause 5 applies to Experiences only, and not Subscriptions.

Where you procure an Experience from us, we grant you a non-exclusive, non-transferable and worldwide right to access or attend, as the case may be, the Experience Offering, subject to the terms of this Agreement.

Your right to access any online content associated with that Experience is revoked after 1 month. However, you may continue to use any included Downloadable Resources in accordance with the terms of this Agreement.

Where we offer live events, you are required to pay the Fees whether or not you attend. While attending events you must conduct yourself and deal with our staff and other participants politely, respectfully and soberly and where you do not you may be required to leave. Neither your failure to attend nor your forced removal for poor conduct entitles you to a refund.

Upon payment of the Experience Offering Fees, you can access all pre-recorded content, and any Downloadable Resource included with that Offering. You are entitled to receive a single copy of any Downloadable Resource provided in the Offering.

Unless expressed otherwise, you are solely responsible for procuring all accommodation, transport, insurance and other travel related services necessary for your attendance at the Experience location.

You agree to comply with any reasonable instruction of our staff or instructors associated with the experience, including with respect to making video or other recordings of the instructors or their property.

By participating in the Experience, you agree to allow us to record or photograph the activities undertaken which may include video or photographs of you participating in or observing the Experience. You acknowledge we may, and agree to us, using any image, video or audio you appear in for our marketing and other commercial activities.

6. Your use of, and access to our Library

This clause 6 applies to Subscriptions only, and not Experiences.

Where you subscribe to one of our Subscription Packages, we grant you a non-exclusive, non-transferable and worldwide right to access the Library associated with that Subscription Package for the Subscription Period and subject to the terms of this Agreement.

7. Use of our content and other Intellectual Property

We grant you a licence to use any Intellectual Property which was provided as part of our Experience Offering or Subscription Package, for your own personal, non-commercial use.

You must not and must not permit any person to copy or reproduce, or create an adaptation or translation of, all or part of our Library or Experience Offerings; or sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of our Intellectual Property, except as authorised by this Agreement. Among other things, this means you are not allowed to share our content with any other person.

Your right to use our Intellectual Property expressly excludes its use in any business activity you engage in whereby you provide, or assist any other person to provide, services to third parties in competition with us.

You acknowledge and agree, we may include any feedback, commentary or reviews provided by you for the purpose of promoting our goods and services in a marketing and advertising context.

8. When we do and do not provide refunds

8.1 Refunds generally

Subject to any non-excludable condition such as those contained in the Competition and Consumer Act 2010 (Cth) (Non-Excludable Condition), we do not provide refunds for our Experience Offerings or Subscription Packages.

Where there is a minor problem with our products or services, we reserve the right to remedy the problem or provide a refund, at our sole and absolute discretion. We do not provide refunds simply because you change your mind, your travel arrangements have been delayed or cancelled or if you are not happy with the Subscription Package or Experience Offering.

8.2 Cancelled Experiences

Some of our Experiences may be subject to obtaining a minimum number of participants. If we are required to cancel the Experience due to the Experience being under subscribed, we will do so in accordance with the details set out in the Offering Details. Where an Experience is cancelled by us as a result of an under subscription, you are entitled to a full refund of the deposit and any Offering Fees you have paid. Otherwise, refunds are only available in accordance with applicable law.

8.3 Deposits

Other than in accordance with the Non-excludable Conditions, or as otherwise set out in this Agreement or the Offering Details, Deposits are non-refundable once paid.

9. Re-scheduling live Experiences

9.1 Local live Experience

We may reschedule or alter the location of any live Experiences including by moving the Experience online or, where applicable, making recordings of the Experience and distributing it to participants who cannot attend. The rescheduling of events does not affect your liability to pay the Fees.

9.2 International live Experience

International events may experience slight delays in or re-organising of the activities scheduled. Rescheduling or reorganisations due to in climate weather, an Event of Force Majeure or an issue with an instructor or supplier does not entitle you to a full refund of the Offering Fee. We may and in a way required by law provide a refund arising from issues which arise with a live international Experience.

10. Changes to Library content

We reserve the right to add to, remove from and in any way alter the content of our Library in our sole and absolute discretion. If you are dissatisfied with the contents of our Library, your sole remedy is to terminate your Subscription in accordance with clause 15.

11. Warranties we provide to each other

You warrant you are over the age of 18, have full power and authority to enter into this Agreement, will observe and perform all of your obligations herein and that all information you supply to us is true and accurate and will be kept up to date. Furthermore, you warrant to have considered and obtained any travel insurance which you deem necessary to mitigate losses associated with your travel to and from the Experience, and accommodation at the Experience location and any other losses which may arise associated with your travel arrangements.

We warrant that we own or have a licence to provide to you the Intellectual Property in the content contained within our Library, Experience Offerings and Downloadable Resources.

12. Indemnities

You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred, however caused, arising wholly or partially, directly or indirectly, in connection with your activities under this Agreement, including but not limited to your use of our website, any costs arising from your breach of this Agreement, costs associated with debt recovery, legal costs on a solicitor and own client basis, your infringement of any Intellectual Property, any claim arising between you and a third party and any loss arising from your travel to and from an Experience location.

13. Privacy and use of personal information

We collect personal information in the ordinary course of our business and in our dealings with you. The types of personal information we collect include your name, address, telephone number, email, and any additional information you provide to us. We use your personal information to provide our goods and services to you. We may also use your personal information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.

We retain your personal information for as long as is necessary to provide our services to you and to comply with our legal obligations.

14. Limitation of Liability

Subject to any Non‑Excludable Condition, we exclude all other liability for any costs, including consequential loss and losses which would have been available under insurance (had you have obtained it) suffered or incurred directly or indirectly by you in connection with this Agreement or your travel to and from an Experience location.

To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods; or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services; or the payment of the cost of having the services resupplied.

15. When this Agreement ends

15.1 For Experience Offerings

The Agreement with respect to Experience Offerings ends immediately after 2 months or at the conclusion of our live Offering (whichever the earlier) unless otherwise set out in the Offering Details.

Upon termination of the Agreement for an Experience Offering, you will no longer have access to any Offering content or our systems which allow you to access Downloadable Resources and we reserve the right to deactivate your account following termination.

15.2 For Subscriptions

You may terminate the Subscription by sending us notice in writing or by using the cancellation facilities we make available to you.

We may terminate the Subscription by providing you with notice in writing, including via email to the email address specified in your Account.

Termination will take effect, at the end of the then current Subscription Period.

Upon termination of the Agreement for a Subscription, you will no longer have access to any Library content associated with that Subscription Package.

15.3 Our right to terminate

We may terminate this Agreement immediately by notice if you commit any material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, you fail to remedy the breach within 7 days after the receipt of a breach notice.

16. Communications

16.1 How to contact us

If you have any complaints, concerns or questions about our services, or you have any technical issues accessing our Offerings or Downloadable Resources, please contact us via ciao[at]experience-assaggio.com.

16.2 Communications with third parties

Where you request that we assist you in organising travel, accommodation or other arrangements with third party providers you agree to us passing on your personal information to that third party.

While we will endeavour to make your Experience as seamless and as enjoyable as possible, you acknowledge and agree that we are not responsible for your arrangements with third parties, how they use your personal information or ultimately negotiating with third parties on your behalf (for whatever reason).

17. General provisions

Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement – This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Force Majeure – Our obligations under this Agreement are suspended for the duration of and to the extent that they are affected by an Event of Force Majeure. In such circumstances we reserve the right to terminate our Agreement with you, at our sole and absolute discretion.

Governing law – The laws of Queensland, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

No waiver except in writing – No part of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided expressly and in writing.

Severance – If anything in this Agreement is unenforceable, illegal or void then it is severed, and the rest of this Agreement remains in full force and effect.

Survival – The disclaimer, indemnities, intellectual property clauses and any other clause in the Agreement which is expressed to survive or by its nature should survive, will survive termination or expiry of the Agreement for any reason.

18. Definitions

Deposit means an amount payable by you to us to secure your attendance at an Offering or as otherwise communicated by us.

Downloadable Resources means any media available for download which is available to you as part of your Subscription Package or Offering (as set out in the Offering Details).

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, natural disaster, health epidemic/pandemic, industrial action or labour disturbance, a failure of our suppliers, action or inaction by a government or computer disruption due to the effects of a computer virus, malware or other malicious code.

Experience Offerings, Offering or Experience means one of our Experience Offerings as advertised on our Website, through our marketing efforts or as otherwise made available to you from time to time.

Fees means the Offering Fees, Subscription Fees or a Deposit for either.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to confidential information, copyright, designs, formulas, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Library means the online library of content made available to you via a Subscription Package.

Offering Details means the details of an Experience Offering setting out details relevant to the delivery of the Offering, the Fees payable and what is included.

Offering Fee means the price payable for an Experience Offering.

Payment Terms mean any payment terms specified in the Subscription Package or Offering Details.

Subscription means your right to access the Subscription Package for the Subscription Period.

Subscription Fee means the price payable for one of our Subscription Packages.

Subscription Packages means a subscription to a Library of online content as set out on our Website from time to time.

Subscription Period means the period of time to which you will have access to the Library, as set out in the Subscription Package.

Website means experience-assaggio.com and any of its subdomains.