Terms Of Service

The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site. These TOS describe your rights and responsibilities and what you can expect from Practice Paradox Pty Ltd (PARADOX). If you do not read, understand, and agree to all of the TOS, you may not use the Web Site. PARADOX reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.

1. PARADOX Products and Services

PARADOX provides a number of Internet-based products and services through the Web Site (all such services, collectively, the "PARADOX Products and Services"). PARADOX may offer a number of other services on its Web Site which may change from time to time.

2. Use of the Web Site and PARADOX Products and Services

2.1 Eligibility. PARADOX will only knowingly provide the PARADOX Products and Services to parties that can lawfully enter into and form contracts under applicable law.

2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the PARADOX Products and Services and the Web Site.

2.3 Your License to Use the Web Site and the PARADOX Products and Services.

(a) PARADOX solely and exclusively owns all intellectual property and other right, title and interest in and to the PARADOX Products and Services and Web Site, except as expressly provided for in these TOS. For example and without limitation, PARADOX owns the trademarks PARADOX & the copyrights in and to the Web Site, and certain technology used in providing the PARADOX Products and Services. You will not acquire any right, title or interest therein under these TOS or otherwise.

(b) PARADOX grants you a limited revocable license to access and use the Web Site and the PARADOX Products and Services for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by PARADOX; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, PARADOX may revoke the license granted to you.

(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 3.3.

2.4 Third-Party Services. PARADOX may use third parties to provide certain services accessible through the Web Site. PARADOX does not control those third parties or their services, and you agree that PARADOX will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with PARADOX's TOS, agreements or policies, you must comply with PARADOX's TOS, agreements or policies, as applicable.

3. Ticket Sales

3.1 All ticket sales are non-refundable and may be non-transferable.

3.2 No refund can be made for no-show at the event. Substitutions may be welcomed if any member of your team are unable to attend on the day. Please contact PARADOX for more details.

3.3 The right is reserved to vary advertised programs, prices, venues, seating arrangements and audience capacity.

3.4 Late arrival may result in non-admittance until a suitable break in the event.

3.5 Audio and video recording devices are strictly prohibited.

3.6 Tickets may not, without the prior written consent of Practice Paradox Pty Ltd, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket may be refused admission.

3.7 Scalping warning: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.

3.8 If applicable, you will be notified of your pre-set seating number in advance of attending.

4. Download Sales

4.1 Sales of downloadable items are sold as non-refundable items and are not covered under the PARADOX Guarantees due to the nature of the item.

5. General Rules

5.1 Prohibited Use. Except as may be expressly permitted by PARADOX, you may not: (i) interfere with the PARADOX Products and Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the PARADOX Products and Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the PARADOX Products and Services; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain PARADOX's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the PARADOX Products and Services; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.

5.5 Privacy Policy. By entering into these TOS, you agree to PARADOX's collection, use and disclosure of your personal information in accordance with the Privacy Policy .

6. Reservation of Rights

6.1 Modification of the Service. PARADOX may modify the PARADOX Products and Services at any time with or without notice to you, and will incur no liability for doing so.

7. Submissions

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant PARADOX permission to use such submissions for marketing and other promotional purposes. You agree that PARADOX will have no obligation to keep any Submissions confidential and you will not bring a claim against PARADOX based on "moral rights" or the likes arising from PARADOX's use of a Submission.

8. Representations and Warranties

8.1 Mutual Representations and Warranties. You represent and warrant to PARADOX and PARADOX represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.

8.2 By You. You represent and warrant to PARADOX that, in your use of the PARADOX Products and Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to PARADOX that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) PARADOX will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that PARADOX incurs in providing the PARADOX Products and Services; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

9a. Disclaimers and Exclusions

9a.1 DISCLAIMER OF WARRANTIES. PARADOX PROVIDES THE WEB SITE AND PARADOX Products and Services ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARADOX DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, PARADOX Products and Services OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. PARADOX MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON- INFRINGEMENT. 9a.2 EXCLUSION OF DAMAGES. PARADOX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PARADOX Products and Services, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9b. Limitation of Liability

9b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY PARADOX TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

10. Indemnification

You must indemnify and hold PARADOX and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS. If you have to indemnify PARADOX under this Section, PARADOX will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without PARADOX's express written permission.

11. Termination

11.1 Termination. PARADOX may suspend or terminate your use of the Web Site or PARADOX Products and Services if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.

11.2 Survival. These TOS will survive indefinitely unless and until PARADOX chooses to terminate them.

11.3 Effect of Termination. If you or PARADOX terminates your use of the Web Site or the PARADOX Products and Services, PARADOX may delete any Content or other materials relating to your use of the PARADOX Products and Services on PARADOX's servers or otherwise in its possession and PARADOX will have no liability to you or any third party for doing so.

12. Notice

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) Australia Post mail service, (ii) overnight courier, or (iii) electronic mail. If you give notice to PARADOX, you must use the following addresses: LEVEL 15, 240 QUEEN STREET BRISBANE QLD 4000. If PARADOX provides notice to you, PARADOX will use the contact information provided by you to PARADOX. All notices will be deemed received as follows: (i) if by delivery by Australia Post mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

13. Dispute Resolution

All disputes arising out of, relating to or connected with these TOS or your use of any part of the PARADOX Products and Services will be exclusively resolved under confidential binding arbitration held in the State of Queensland, Australia before and in accordance with the provisions of the International Arbitration Act 1974 (Cth) , by a sole arbitrator applying Queensland State law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Brisbane, Australia, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the PARADOX Products and Services must be asserted individually.

14. Miscellaneous

These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Queensland without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of PARADOX. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and PARADOX are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.