1. Information about us
1.1 ) MDR Enterprises and Investments supplies information for coaching purposes only. Our coaches are not responsible for any misuse or misconduct of advice given for coaching purposes.
2. Your status
By placing an order through our parent company, you warrant that:
a) You are legally capable of entering into binding contracts; and
b) You are at least 18 years old;
3. How the contract is formed between you and us
3.1 ) After expressing interest, a program offer and a terms and conditions form will be sent out to you via email. You must read through the terms and conditions, print out the form at the bottom and sign. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to ‘buy’ a Course including free courses. All orders are subject to acceptance by us, and we will confirm such acceptance to you by phoning you following a cooling off period of approximately 3 days after the recieval of the signed terms and conditions. The contract between us (Contract) will only be formed when we phone you with confirmation and take payment details.
3.2 ) The Contract will relate only to those Courses which we have confirmed in the Confirmation. We will not be obliged to supply any other Courses which may have been part of your order until we have confirmed in a separate Confirmation.
4. Risk and title
4.1 ) The Course materials we send to you following dispatch of the Confirmation will be at your risk from the time of delivery. Ownership of the Courses materials will only pass to you when we receive full payment of all sums due in respect of the Courses.
4.2 ) Your ability to attend the Courses you have ordered and we have confirmed in the Confirmation, will be at your risk from the time of dispatch of the Confirmation. Your entitlement to attend the Course will only arise when we have dispatched the Confirmation and we receive full payment of all sums due in respect of the Courses.
5. Price and payment
5.1 ) The price of any courses will be as quoted by me in person or during live seminars and on promotional literature, except in cases of obvious error.
5.2 ) Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
5.3 ) We are under no obligation to provide the Course to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.4 ) Payment for all Courses must be by credit card or bank transfer if from an Australian Bank Account
5.5 ) We are not liable for any price differences that may arise as a result of delegates booking courses with us at different times or subject to different promotions from time to time.
6. Our refunds policy
6.1 ) First payment must be done by the client instructed via a phone call from Make Him Yours management. Make Him Yours reserves the right if necessary to defer all coaching until appropriate payment has cleared.
6.2) Course is 100% satisfaction guaranteed. All course costs may be refunded if requested within 60 days of payment. Following this date no more refunds will be available.
7. Our liability
7.1 ) We warrant to you that any Course and Course materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Course is supplied.
7.2 ) You should notify us if you are unhappy with any part of the Course within 60 days of your attendance on the Course.
7.3 ) Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Course which you purchased.
7.4 ) This does not include or limit in any way our liability:
a) for death or personal injury caused by our negligence;
b) under section 2(3) of the Consumer Protection Act 1987;
c) for fraud or fraudulent misrepresentation; or
d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.5 ) Your success in life and dating is dependent on a number of factors. Success in the course depends highly on the client participation and ability to work with the coaches and complete the required exercises. Failure to do so is likely to lead to inadequate or poor results from coaching. HVW takes no responsibility for a failure of client results in cases where effort on the clients part has not been applied.
7.6 ) We are not responsible for any distress, mental anguish or fears that result as a function of receiving coaching.
8. Transfer of rights and obligations
8.1 ) The Contract between you and us is binding on you and us and on our respective successors and assigns.
8.2 ) You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
8.3 ) We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9. Events outside our control
9.1 ) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.2 ) A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
9.3 ) Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
10. Intellectual Property Rights
10.1 ) All intellectual property rights (including, without limitation, copyright, moral rights, design rights, trademarks and patents) and all other rights in the Course content and Course materials belong to us. We licence to you all such rights on a non-exclusive basis for the purpose only of enabling you to attend, participate and, where you are able, to complete the Course. You are also permitted to use small extracts of the Course content and Course materials for your personal use. Reproduction or distribution of the Course content and Course materials is strictly prohibited.
10.2 ) Use of our logo is strictly prohibited without our prior written consent.
10.3 ) Audio and visual recordings of our Courses is strictly prohibited without our prior written consent.
10.4 ) Occasionally we may film or record Course trainers delivering the Course during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
10.5 ) You acknowledge that certain information contained in the Course and Course materials is already in the public domain.
11.1 ) Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause 12, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us (or our employees, agents, consultants or sub-contractors) and any other confidential information concerning our business or the Course or Course materials which you may obtain.
11.2 ) You shall not use any such information for any purpose other than to attend, participate and, where capable, complete the Course.
12. Data Protection
12.1 ) You agree that we may use your personal data in accordance with and subject to the Data Protection Act 1998.
12.2 ) We may send you information from time to time regarding new courses and opportunities. If you do not wish to receive such information please inform us.
We reserve the right to terminate the Contract immediately without liability if:
13.1 ) in our opinion you cause disruption on any Course or take any action which brings us (or any of our employees, agents, consultants or sub-contractors) into disrepute or adversely affects our goodwill or reputation.
14.1 ) If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 ) A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 ) No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 ) These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 ) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 ) Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. Our right to vary these terms and conditions
17.1 ) We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 ) You will be subject to the terms and conditions in force at the time that you order Courses from us, unless we notify you of the change to these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation).
18. Law and jurisdiction
Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law and all disputes and claims shall be subject to the exclusive jurisdiction of the courts of Brisbane.
Terms & Conditions
1. Information about us