China Executive Program
Terms and Conditions

Last Updated: August 27, 2018

Terms and Conditions of China Executive Program

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (“TERMS”) BEFORE ACCEPTING A POSITION IN THE THE CHINA EXECUTIVE PROGRAM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR ANY OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE PHRASES “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT. YOU AGREE TO BE BOUND BY THESE TERMS BY EXECUTING THIS AGREEMENT AS APPLICABLE, BY SUBMITTING PAYMENT IN RESPONSE TO AN ORDERING DOCUMENT THAT REFERENCES THESE TERMS. HOLONIQ RESERVES THE RIGHT TO AMEND, REMOVE, OR ADD TO THESE TERMS AT ANY TIME WITH OUR WITHOUT NOTICE. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY.

1. Definitions

‘Administration Fee’ means 20% of the Program Fee.

‘Applicant’ means a person who has applied to participate in the Program.

‘Organisers’ means HolonIQ Pty. Ltd. and JMDedu.

‘Offer’ means the offer of a Participant Place on the Program, which is made at the sole discretion of the Organisers.

‘Participant’ means the person who has accepted an Offer and Paid the Program Fee to participate in the Program.

‘Participant Place’ means means the position granted by the Organisers for the Participant to participate in the Program.

‘Program’ means the China Executive Immersion Program, to be held in Beijing China 10-15 November, 2018.

‘Program Fee’ means the total Program price.

2. Payment

The Participant hereby acknowledges and agrees that the Program Fee is for a Program Position for that Participant to undertake the Program. The Program Fees, being payment for that Program Position, are payable whether the Participant attends or completes the Program or not.

Program fees are due 10 days after the Program Fee invoice is issued. The Organisers reserve the right to offer the Participant Place to another Applicant if the Program Fee is not received within 10 days.

Upon receipt of payment by the Organisers, the Participant agrees to be contractually bound to the conditions set out in these Terms and Conditions.

Payment of Program Fees can be made by Credit Card or Electronic Funds Transfer (EFT).

3. Participation

The Organisers may make the Offer of a place on the Program at their sole discretion.

Receipt of payment for the Program constitutes acceptance of the Offer and acceptance of these Terms and Conditions.

It is the Participant’s responsibility to note the date, time and venue of the Program.

4. Program Delivery

The Organiser will use reasonable endeavour to deliver the Program as described in the brochure and on the Organiser’s website. The Organiser shall be entitled to adapt the Program at all times and consequently to alter the timetable, syllabus, location, number of classes, individual(s) teaching or external service providers to the Program and method of delivery of the Program.

The Organiser reserves the right to cancel or reschedule the Program due to insufficient number of enrolments or for other unforeseen circumstances. The Organiser will notify participants as soon as practical.

A full refund of Program Fees paid will be made if the Program is cancelled by the Organisers for any reason.
In the event of cancellation or rescheduling of the Program by the Organisers, the Organisers will not be held liable for travel, accommodation or other expenses incurred.

In the event of cancellation or rescheduling of the Program by the Organisers, the Participant will be notified and will be offered their choice of transferring to a future Program date, transferring Program fees paid to a different Program or a refund of the Program Fees in full.

If the Program is cancelled or rescheduled by the Organisers and the Participant selects to transfer their Program Fees paid to a different Program or a later start date of the same Program, this will constitute a confirmed booking into the selected Program and the policies contained in this agreement will apply to the new Program.

5. Cancellation or transfer request by participant

The full Program Fees will not be refunded if the Participant changes their mind or their circumstances change at any time less than 30 days prior to the scheduled Program start date. This includes the inability to secure the appropriate visa for the country in which the Program will be held.

Cancellations received in writing (email acceptable) no later than 30 days prior to the scheduled start date will receive a refund of any Program Fees paid, less the Administration Fee.

No refund is available where cancellation is made less than 30 days prior to the Program commencement date.
If the Participant is unable to attend the Program and did not apply in writing at least 30 days prior to the start date of the Program, the Participant will still be liable for full payment of the Program Fees for that Program Position.

A Participant may transfer their Participant Place to another person, only if the Organisers have approved this transfer in writing, so as to ensure the new Participant meets the selection criteria for the Program.
Transfer of a Participant Place approved 30 days or more prior to the scheduled commencement date of the Program will constitute a confirmed booking into the new Program and the policies contained in this agreement will apply to the new Program.

No ‘Transfer of a Participant Place’ applications will be accepted less than 10 business days prior to the scheduled Program commencement date.

5. Privacy

The primary purpose in collecting Participant information is to fulfil our business commitments to the Participant in delivering the Program. The Organisers may use the information provided by Participants to help improve the services delivered, measure interest in our services, inform you of other products and services or to comply with requirements under the law. We shall not otherwise disclose your personal information to any other party without your consent and we do not sell personal information to third parties.

6. Confidentiality and Intellectual Property Rights

The Participant must respect the confidentiality of all confidential information that the Participant acquires during the course of participating in the Program, and comply with all applicable laws of the territory where the Program is delivered.

The Participant gives full permission for the Organisers to use photographs, video recordings and/or examples of the Participant and/or their work for any use associated with the Organisers, including for promotional purposes (e.g. advertising, website, marketing materials etc).

If the Participant does not want the Organisers to display or publish their name, any photos/video recordings of the Participant, or their work then the Participant should notify the Organisers in writing. This written notification shall apply from the date that it is received by the Organisers and any works, images or recordings taken prior to this date may still be used by the Organisers and any previously published information/images may still be displayed or used by the Organisers.

Participants agree not to record any any part of the Program by audio, visual, or other digital technologies without the Organiser’s prior, written consent.

7. Additional Costs

Unless expressly noted as inclusions in the Program Fee, Participants are responsible for all travel, accommodation and incidental costs associated with participating in the Program, including visa costs, airfare, accommodation, meals, transport, travel related insurances and all other travel incidentals.

8. Acceptable Use and Code of Conduct

The Participant must at all times behave with honesty show courtesy, consideration and respect during the course of the Programme. Participants are expected to avoid any behaviour or conduct that could be interpreted as an inappropriate behaviour (“Inappropriate Behaviour”) by another Participant, Organiser employees, and/or Third parties. Inappropriate Behaviour may include but not exclusively: unwelcome conduct whether verbal, physical or visual that denigrates or shows hostility or aversion toward an individual including but not exclusively because of his or her gender, colour, religion, national origin, age, disability or sexual orientation.

The Organiser reserves the right to terminate Participant enrolment at any time for non-payment of Program Fees, or for Inappropriate Behaviour.

The Participant agrees to exercise reasonable care when using and handling equipment and accessories. In the event that property or equipment is damaged or stolen as a result of the Participant’s failure to exercise proper and reasonable care, the Participant agrees to pay all costs associated with the repair or replacement of that property within twenty-eight (28) days of the damage occurring.

9. Liability

The Organisers cannot accept responsibility and expressly excludes liability for any loss or damage to the Participant’s property that occurs whilst the Participant is on the Program. The Participant should take particular care not to leave personal belongings unattended at any time.

The Participant agrees that in case of an accident or illness where they require medical treatment, staff will call an ambulance and the Participant will be responsible for any ambulance fees and medical costs involved.

10. Indemnification

Mutual Indemnification. The Organisers will defend, indemnify, and hold Participants harmless from any claim or demand made brought against Participants by a third-party, together with related costs and reasonable attorneys’ fees, due to or arising out of infringement of any violation of the Terms and Conditions; provided however, the Organisers shall have no such indemnification obligations to the extent any such third-party claims or demands are based on or result in any material part from (i) the negligence or unlawful or wrongful acts of Participants; (ii) violation of the Agreement by Participants. Participants agrees to defend, indemnify, and hold the Organisers harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) Participant’s violation of the Terms and Conditions.

Notice. The indemnified party shall promptly notify the indemnifying party of any claim for which indemnification is sought, following actual knowledge of such claim, provided however that the failure to give such notice shall not relieve the indemnifying party of its obligations hereunder except to the extent that the indemnifying party is materially prejudiced by such failure. In the event that any third-party claim is brought, the indemnifying party shall have the right and option to undertake and control of the defense of such action with counsel of its choice, provided however that the indemnified party may undertake and control of such defense in the event of the material failure of the indemnifying party to undertake and control the same. The indemnified party shall not consent to judgment or concede or settle or compromise any claim without the prior written approval of the indemnifying party.