Cancellations and Postponement Amendment
Changes, postponements and cancellations
(a) If the Client would like to make an amendment to the date, time or delivery method (together, the Changes) of the Services, they must submit any proposed Changes in writing as soon as practicable, and in any instance more than 14 days in advance of the scheduled delivery date of the Services. Thinka may be unable to accommodate Changes requested within 14 days of the scheduled Delivery Date.
(b) While Thinka will make all reasonable efforts to accommodate such requests, the Client acknowledges and agrees that:
- it may not be possible for Thinka to provide the originally designated resource to deliver the Services and may be required to appoint a new resource;
- if the Changes cannot be accommodated in full, Thinka will use all reasonable endeavours to propose alternate arrangements to deliver the Services; and
- Thinka is under no obligation to agree to any proposed Changes of the Services.
(c) Thinka will confirm in writing which proposed Changes it is able to accommodate.
(d) If the Changes cannot be accommodated:
- the Services will proceed as previously agreed between the parties under this Agreement; or
- the Client can elect to terminate the Agreement in accordance with clause 1.2 below.
- If mutually agreed by both parties (Thinka and Client), the Services may be postponed for a future date or the value of the Services may be held in credit by Thinka to be used on a future Service.
Termination of Agreement due to Change
(a) If requisite notice under clause 1(a) has been provided and the Changes cannot be accommodated, any party may by written notice to all other parties terminate the Agreement without liability for breach of contract. Such notice must be provided at least 7 days prior to the scheduled Delivery Date. All other obligations and rights as set out in the Agreement remain and are reserved by the parties.
(b) Where the Client elects to terminate the Agreement in accordance with this clause 1.2, the Client is liable for payment of any Services already provided plus the cost of all expenses incurred by Thinka up until the termination date. All other funds previously paid under the Agreement will be:
- credited to the Client’s account to be used at a later date; or
- refunded within 60 days after the termination date.
(c) Thinka handles and processes refunds of its fees in accordance with the Australian Consumer Law, where:
- refunds are made at Thinka’s discretion and are subject to any guarantees that cannot be excluded under the Australian Consumer Law; and
- except as required by the Australian Consumer Law, Thinka will only facilitate a refund if it is unable to facilitate the completion of the Service or, if we determine, in our absolute discretion, it is reasonable to do so.
Party not liable for damages
Without limiting the generality of clause 1.2, it is acknowledged and agreed by the Client that, where Thinka is prevented from complying with its obligations under the Agreement as a result of proposed Changes that cannot be accommodated, Thinka is not liable for Loss of any kind, including for Consequential Loss, arising out of or resulting directly from that failure to comply.
Delivery Date means the date that the Services will be provided by Thinka to the Client.
Delivery Time means the time of day that the Services will be provided by Thinka to the Client.
Mode of Delivery means the method that will be used to deliver the Services, including but not limited to face-to-face, virtual, written or digitised module or pre-recorded videos.
Changes means any changes to the Delivery Date, Delivery Time or Mode of Delivery requested by either party.