The provisions set forth in these terms and conditions and student policy (Conditions), as amended by Euro Style Beauty Academy from time to time, govern the provision of Courses by Euro Style Beauty Academy to the Student (Customer). The Student acknowledges that the Conditions shall govern and form the basis upon which the provision of Courses (including, but not limited to, pursuant to a Contract) shall proceed. These Conditions take precedence over and replace all prior discussions, negotiations, warranties, proposals, or agreements relating to the provision of Courses, unless otherwise agreed to in writing by Euro Style Beauty Academy. Any terms or conditions specific to a Course in which a Student is Enrolled shall be considered as part of these Conditions. In the event of any inconsistency between such specific terms and conditions and these Conditions, the former shall take precedence. Euro Style Beauty Academy reserves the right to revise or update these Conditions at any time by publishing such revisions or updates on its Website. The revised or updated Conditions shall be binding on the Student from the time of publication on the aforementioned website. It is the Student's responsibility to regularly review the website for the most current version of the Conditions.
1. Definitions Unless the context otherwise requires, the meanings of terms used in the Agreement are as follows:
(a)
Euro Style Beauty Studio means Learning Online, trading as Euro Style Beauty Academy ABN 12 518 250 963;
(b)
Authorisation means any licence, consent, approval, permit, registration, accreditation, certification or other authorisation given or issued by any Authority that is necessary for Euro Style Beauty Academy to supply Courses.
(c)
Authority means any government or local authority and any department, minister or agency of any government, and any other authority, agency, commission or similar entity having powers or jurisdiction under any law or regulation.
(d)
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.
(e)
Certificate means a document or other notification confirming that the Student has successfully completed a Course.
(f)
Contract means an agreement between the Student and Euro Style Beauty Academy for the supply of Courses by Euro Style Beauty Academy to the Student.
(g)
Course means an educational course provided or made available to Students by Euro Style Beauty Academy from time to time.
(h)
Course Fee means the fee charged by Euro Style Beauty Academy to the Student for supplying a Course or Courses.
(i)
Enrol and Enrolment means the act by the Student of entering into a Contract with, or otherwise agreeing to accept the supply of a Course or Courses by Euro Style Beauty Academy.
(j)
Force Majeure Event means an act of God, war, natural disaster (such as an earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo or unavailability of supply of products or services by Euro Style Beauty Academy’s suppliers for reasons that are outside of the control of Euro Style Beauty Academy that has a material and adverse impact on the Euro Style Beauty Academy’s ability to supply Course to the Student.
(k)
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(l)
Intellectual Property means all intellectual property of any type or nature whatsoever involved in or associated with the provision of the Course by Euro Style Beauty Academy to the Student , including but not limited to Intellectual Property in any Course content, documents and resources.
(m)
Privacy Policy means the privacy policy maintained and applied by Euro Style Beauty Academy with respect to personal information of the Student, which Privacy Policy is published on the Website (as updated from time to time).
(n)
Security Interest means any:
- (i) security interest under the PPSA or security for payment of money, performance of obligations or protection against default (including retention of title arrangement, charge, lien, right of set-off); and
- (ii) thing or preferential interest or arrangement of any kind giving a person priority or preference over claims of other persons or creditors with respect to any property or asset, and includes any agreement to create any of them or allow them to exist.
(o)
Student means any individual who Enrols (purchases) in a Course or Courses.
(p)
Customer or
you means any individual who enrols or orders educational course or courses from us from time to time, including any persons named in the application for an Account. Both terms “Student” and “Customer” are used interchangeably to represent the same party in this document.
(q)
Account means an account created through our Website or any Third Party website allowing you to use and access our Products, and includes the pop-up on the Website pursuant to which the Customer orders a particular Product via the Website.
(r)
Account Application means any account application, new customer information or similar form completed by the Customer (including via the Website) that relates to the supply of Products by us. (s)
Additional Charge means any fees or charges for additional goods provided or additional services performed (or arranged to be performed) by us at the Student’s request or reasonably required as a result of the Customer’s conduct;
(t)
Website means www.eurostylebeauty.com.au or such other website(s) as Euro Style Beauty Academy may maintain from time to time.
(u)
Fee means the fee or price paid or payable to us by a Student in respect of the particular Product, as determined in accordance with these Standard Terms.
(j)
Teaching Materials means all teaching materials made available by us from time to time (including recorded and live lessons given by our teachers, associated lesson materials or homework), which may be hosted on the Website or any Third Party website that you are given access to by us, and when referring to the materials the subject of a Product refers to those materials.
(h)
Products means the relevant manicure, pedicure, photography courses that the Customer has agreed to order from us from time to time, and where the context permits includes access to the relevant Teaching Materials for those courses, and when the term is used in the context of a particular order placed via the Website for a particular course means that course;
(v)
we, us and
our (or any similar expression) means the business of “Euro Style Beauty Studio” conducted by Maria Malakhova ABN 12 518 250 963 and, where the context permits includes references to its related bodies corporate and their respective officers, employees and agents; (w)
Our Policies means our standard practices that apply to the use of the Website and our Products (including any privacy policy and any website terms or use), as amended from time to time (x)
Standard Terms means these standard terms and conditions, as amended or updated from time to time.
2. General 2.1 Documents comprising this Agreement This Agreement consists of these Standard Terms, Our Policies and any additional terms (such as terms of use) that are specified in on our Website and any Third Party Terms. To the extent the law permits, these Standard Terms will prevail of any inconsistency with any other documents forming part of this Agreement and no other terms or conditions (including those contained in any document submitted by you) will form part of this Agreement nor create any enforceable rights against us. This Agreement will apply to the provision of all Products to you from time to time.
2.2 Conditions Precedent We are not required to provide (and you are not entitled to) any Products or access to our Teaching Materials or systems unless you have satisfied the following conditions (Conditions Precedent) and we have confirmed you have done so in writing:
- (a) you have completed our onboarding process, including creating an Account via the Website and provided us with all necessary information as required by the Website (such as your name and email);
- (b) you have paid for the relevant Product via the third party payment providers notified to you via email after submitting your request for a Product via the Website;
- (c) you have created an account via the relevant Third Party website where the Teaching Materials will be made available (which will be notified to you once you pay the Fee for the Product), and at the date of these Standard Terms. If the Customer has not satisfied the above conditions precedent within 14 days of the date a request for the provision of Products is submitted via the Website, then we may immediately terminate this Agreement (including by revoking access to any Account or Teaching Materials). If we provide you with access to our Products or Teaching Materials and you have not satisfied the Conditions Precedent, then we can still terminate this Agreement under this clause.
2.3 When Customer bound These Standard Terms apply to all transactions between the Customer and us relating to the provision of Products (including any Teaching Materials and any variations to these arrangements) and the Customer will be bound by these Standard Terms from the time it first agrees to be bound by this Agreement, creates an Account via the Website or from when it first makes a payment for the Products (whichever is the earlier).
2.4 Updates to these Standard Terms To the extent the law permits, we may amend these Standard Terms by publishing the amendments on our Website or by written notice to the Customer (including by providing notification on invoices issued to the Customer) and the amended terms will apply to any engagement with the Teaching Materials after such notice.
3. Enrolment, Cooling Off, Transfers, Deferrals and Cancellation 3.1 Euro Style Beauty Academy may from time to time make Courses available to prospective Students. Euro Style Beauty Academy reserves the rights to:
- (a) withdraw any Courses from availability; and
- (b) to cancel any Course or Courses in which the Student has Enrolled in the event that Euro Style Beauty Academy determines in its absolute discretion is or are not financially viable to proceed with, whether or not such Course or Courses has or have commenced. If a Course is cancelled in accordance with this clause then Euro Style Beauty Academy shall refund to the Student the Course Fee actually paid by the Student as at the date of such cancellation and otherwise without penalty.
3.2 Euro Style Beauty Academy requires that students be at least 18 years old, unless they have the consent and support of a parent, family member, or household member over 18. The academy has the right to reject any application that does not meet these requirements. Exceptions may be granted at the discretion of Euro Style Beauty Academy upon request.
3.3 The Student shall be accepted into a Course, and a Contract shall be formed between Euro Style Beauty Academy and the Student, upon Euro Style Beauty Academy notifying the Student that the Student’s application for Enrolment in the Course has been accepted by Euro Style Beauty Academy.
3.4 The student must follow Euro Style Beauty Academy's enroliment procedures as directed. Failure to do so may result in the academy rejecting the application for enrolment or canceling any existing enrollment.
3.5 The Student must provide Euro Style Beauty Academy with all information (including but not limited to personal information) reasonably required by Euro Style Beauty Academy for the purpose of consideration of the Student’s application for Enrolment. Euro Style Beauty Academy shall deal with any personal information so provided in accordance with its Privacy Policy and otherwise in accordance with law.
3.6 The student must provide Euro Style Beauty Academy with all necessary information, including personal information, for the purpose of considering their application for enrolment. Euro Style Beauty Academy will handle personal information in accordance with its Privacy Policy and applicable laws.
3.7 The Student must immediately advise Euro Style Beauty Academy of any changes to any information provided by the Student to Euro Style Beauty Academy (whether pursuant to clause 3.5 or otherwise).
3.8 The Student warrants to Euro Style Beauty Academy that all information provided by the Student to Euro Style Beauty Academy is true and correct.
3.9 The Student may withdraw from any Enrolment by notification in writing by email within 3 days of completion of Enrolment, in which case Euro Style Beauty Academy shall refund to the Student the Course Fee actually paid by the Student as at the date of such withdrawal.
3.10 With the consent of Euro Style Beauty Academy (which Euro Style Beauty Academy may refuse to give in its absolute discretion), the Student may within 7 days of Enrolment in a Course decide to cancel its enrolment in a course and apply for Enrolment in a different Course. The Course Fee payable by the Student in such a situation shall be the greater of the Course Fee for the cancelled Course and the Course Fee for the replacement Course. Euro Style Beauty Academy further reserves the right to charge to the Student a reasonable administration fee to cover costs associated with the change of Enrolment.
3.11 Access to Course content will be provided upon successful completion of Enrolment. The duration of access to Course content varies from Course to Course, details of which shall be provided as part of the Course content but is typically between 3 and 6 months depending on the Course. The Student is expected to complete the Course within the duration of access to Course content and may be denied access to the Course content at the expiry of duration in which case the Student will not be entitled to any refund of Course Fees or any of the benefits associated with completing the Course.
3.12 Subject to clause 3.9, a Contract once entered into or Enrolment once accepted may be cancelled by the Student only if Euro Style Beauty Academy consents in writing (which consent may be given or withheld in Euro Style Beauty Academy’s absolute discretion). If Euro Style Beauty Academy consents to the cancellation of a Contract or Enrolment, then unless otherwise agreed in writing, the Student indemnifies Euro Style Beauty Academy against all loss, damage and costs or expenses of any kind suffered or that may be suffered by the Student arising directly or indirectly from the cancellation of a Contract.
3.13 Euro Style Beauty Academy does not warrant or guarantee to the Student, and the Student acknowledges that:
- (a) Completion or non-completion of the Course will lead to or result in any satisfactory employment or business outcomes for the Student; or
- (b) The Course content will be to the Student’s liking or satisfaction.
4. Course Fees 4.1 Upon Enrollment in a Course (including but not limited to by entering into a Contract), the Student agrees to pay the Course Fee payable for such Course to Euro Style Beauty Academy in the amount and manner determined by Euro Style Beauty Academy and notified to the Student during Enrollment. Unless otherwise stated, Course Fees are payable in full immediately upon the completion of Enrolment. The Student is responsible for ensuring that they have the financial capability to pay all Course Fees as and when they fall due for payment.
4.2 Euro Style Beauty Academy may (but is not obliged to) offer a payment plan to the Student for the payment of Course Fees. The Student must adhere strictly to the terms of any payment plan agreed upon between Euro Style Beauty Academy and the Student. Euro Style Beauty Academy is entitled to assign, novate or transfer its rights and obligations under any agreed payment plan to a third party without the Student's consent. The Student must not assign, novate or transfer any of their rights and obligations under an agreed payment plan without the written consent of Euro Style Beauty Academy.
4.3 Fee increases. We may increase our Fees by publishing the updated Fees on the Website, with any changes to the Fees taking effect immediately for any orders for Products made after the Website is updated. It is clarified that price increases will not affect the prices of Products for which payment has already been made by the Customer.
4.4 Euro Style Beauty Academy may, as an alternative to offering a payment plan as per clause 4.2, suggest to the Student various third-party finance providers to offer financing options to assist the Student in paying the Course Fee. Any arrangement or agreement regarding the financing of Course Fees is solely between the Student (Customer) and such third-party finance provider and does not affect, diminish, or relieve the Student's obligation to pay the Course Fees in strict accordance with these Conditions. Euro Style Beauty Academy does not and will not retain any information regarding any arrangements or agreements made between the Student and any third-party finance provider.
4.5 Euro Style Beauty Academy does not make any representations, assurances, or warranties regarding the suitability of any financing options for the Student, and the Student hereby waives, releases, and indemnifies Euro Style Beauty Academy from any loss, cost, or expense that Euro Style Beauty Academy may suffer or incur in connection with the Student's decision to enter into an arrangement with a third-party finance provider for the payment of the Course Fee.
4.6 Euro Style Beauty Academy retains the right to terminate or suspend the Student’s involvement in a Course and to discontinue the provision of Course content to the Student without prior notice if the Student neglects to settle any Course Fees by the specified due date.
4.7 Trial Access to Courses: We reserve the right to offer trial access to courses and other incentives to Customers, providing different Courses at a reduced cost compared to what existing Students may be currently paying.
4.8 The Student is not entitled to refund or reimbursement of any amounts (including Course Fees) paid to Euro Style Beauty Academy, except as stipulated in these Conditions or at the sole discretion of Learning Online.
4.9 The Student is required to promptly inform Euro Style Beauty Academy of any issues, problems, or difficulties in fulfilling its obligations under a Contract, including but not limited to any anticipated challenges in meeting Course Fee payments or any other amounts on time. Euro Style Beauty Academy may, without affecting its rights under these Conditions, choose to cancel a Contract wholly or partly in response to such a notification.
5. Course Assessment and Completion 5.1 Course requirements, Student work performance and obligations and assessment criteria and timing varies from Course to Course and:
- (a) where applicable or relevant, shall be notified to the Student at the time of Enrolment or during the Course;
- (b) forms part of these Conditions upon notification to the Student.
5.2 The Student shall be issued with a Certificate upon successful completion of a Course, which shall be issued electronically unless the Student requests a hard copy, which shall be issued upon payment of the applicable fee. Euro Style Beauty Academy reserves the right to delay the issuance of a Certificate if the Student is or remains in default under these Conditions (including but not limited to in relation to the payment of any amounts payable to Euro Style Beauty Academy) in any respect until such time as the Student remedies such default. This clause applies specifically to course options for which a certificate is included.
5.3 Courses are designed to be completed within set timeframes, which depend on the Course.
5.4 If the Student requires more time to complete a Course, it may apply to Euro Style Beauty Academy for an extension of up to 12 months Euro Style Beauty Academy must not unreasonably refuse any request for an extension if the extension request is for more than 1 month and is the first extension request made by the Student. Otherwise, Australian Beauty School may refuse to grant any extension request in its absolute discretion. Any extension is subject to the Student having paid all Course Fees due and owing at the time of the extension request and also paying any applicable extension fee. 4.5 A Course shall be deemed to have been abandoned if the Student has not completed the Course or paid the Course Fee in full by the due date for completion (plus any extension period) and the Course content will no longer be accessible.
6. Intellectual Property Rights 6.1 In this document, ‘Intellectual Property Rights’ includes any and all industrial and intellectual property rights now in existence or coming into existence anywhere in the world (whether registered or capable of registration or not and whether protected by statute or common law or not), including copyright, trade marks, patents and designs and any rights to apply for registration of or protection of the foregoing.
6.2 We will own any Intellectual Property Rights in our Teaching Materials and Confidential Information, including any modifications, enhancement or variations of those items (whether made by us, the Customre or any Third Party) and the Customer assigns all rights and interests they have in the foregoing to us.
6.3 The Customer must not (and must ensure its customers do not) disclose, misuse or in any way prejudice our Intellectual Property Rights or Confidential Information, except to the extent expressly permitted by us in writing from time to time. The Customer must immediately return any and all documents or other materials containing our Intellectual Property Rights or Confidential Information on request.
7. Student Conduct and Behaviour 7.1 Euro Style Beauty Academy reserves the right to publish on its Website any code of conduct or other policies pertaining to Student conduct and behaviour. The Student is required to familiarise themselves with any such code or policy and adhere to it.
7.2 Without limitation to the aforementioned, in interactions with other students and Euro Style Beauty Academy personnel, the Student must: (a) conduct themselves in a courteous, fair-minded, and non-disruptive manner; and (b) refrain from engaging in any behavior that is abusive, unreasonable, discriminatory, or threatening, or which constitutes harassment or stalking.
7.3 Plagiarism is strictly prohibited. Students are obligated to ensure that all submitted work is their original creation, articulated in their own words. If Euro Style Beauty Academy reasonably suspects that any work submitted by the Student is plagiarised or not exclusively the work of the Student, Euro Style Beauty Academy retains the right to:
- (a) Request the Student to resubmit the relevant work;
- (b) withhold the issuance of any Certificate; or
- (c) in cases of excessive or repeated plagiarism, terminate the Student’s Enrolment and/or Contract without penalty
8. Complaints, Feedback, and Dispute Resolution 8.1 Students are encouraged to provide feedback on the Course and their learning experience. Feedback may be utilised for marketing purposes. Any student wishing to withhold consent for the use of their feedback for such purposes should notify Euro Style Beauty Academy.
8.2 Any complaints must be documented in writing and submitted to eurostylebeauty2023@gmail.com
8.3 Euro Style Beauty Academy will endeavour to, but is not liable to, respond to and resolve any complaint within 10 Business Days.
8.4 If a complaint remains unresolved or a dispute arises (other than one related to the payment of any fees owed by the Student to Australian Beauty School as outlined in these Conditions), both the Student and Australian Beauty School must first follow the dispute resolution procedure detailed below prior to pursuing any other course of action.
8.5 The dispute resolution procedure is initiated when the disputing party sends a written notice to the non-disputing party, indicating the activation of the dispute resolution procedure and outlining the nature of the dispute.
8.6 Upon activation of the dispute resolution procedure, the parties must convene (via telephone or video conference call) within 10 Business Days following the notice and make efforts to resolve the dispute. Each party may be accompanied by a maximum of 2 support individuals at the meeting.
8.7 If the dispute remains unresolved after the dispute resolution meeting, either party may then take appropriate action regarding the subject matter of the dispute.
9. Default 9.1 If at any time the Student is in breach of a Contract or these Conditions, Euro Style Beauty Academy may issue a notice to the Student setting out details of the default and requiring the Student to remedy such default within a period of not less than 14 days from the date of the default.
9.2 If the Student fails to comply with a notice issued in accordance with clause 9.1, Euro Style Beauty Academy may at its election by further notice to the Student:
- (a) suspend the supply of any Courses to the Student until such time as the Student remedies all applicable breaches; and/or
- (b) cancel any Course or Contract which remains unfulfilled.
9.3 Notwithstanding clauses 9.1 and 9.2, Euro Style Beauty Academy may:
- (a) suspend the supply of any Courses to the Student including any Website access or tutor services; and/or
- (b) cancel any Course or Contract which remains unfulfilled, by notice in writing to the Student with immediate effect if Euro Style Beauty Academy determines in its opinion that:
- (c) the Student has provided any false or misleading information to Euro Style Beauty Academy as part of its Enrolment;
- (d) the Student is not at least 18 years old;
- (e) the Student behaves in a way towards other students or Euro Style Beauty Academy personnel that Euro Style Beauty Academy (in its discretion) considers to be egregiously inconsistent with its policies concerning Student conduct and behaviour or which conduct is repeated despite request from Euro Style Beauty Academy to cease such conduct.
9.4 Euro Style Beauty Academy shall be entitled to recover from the Student, and the Student indemnifies Euro Style Beauty Academy against, all costs, loss and damage suffered or incurred by Euro Style Beauty Academy (including recovery agent fees and legal costs on an indemnity basis) in connection with any breach of a Contract or these Conditions.
9. Force Majeure Events 9.1 If a Force Majeure Event occurs:
- (a) the Student shall not be relieved from its obligations under a Contract or with respect to an Enrolment except as provided for in this clause 9;
- (b) Euro Style Beauty Academy may, at its option:
(i) suspend any Course affected by the Force Majeure Event, for a period of up to 12 months or until the Force Majeure Event has abated (whichever is earlier); or
(ii) if the Force Majeure Event has not abated after the end of any period of suspension, cancel the Contract(s) or Enrolment(s) affected by the Force Majeure Event, in which event any applicable Course Fees shall be supplied as a credit against future Course enrolment(s) by the Student
10. Limitation of Liability 10.1 The Student agrees to the maximum extent lawfully permissible that if Euro Style Beauty Academy breaches the Conditions or any applicable law, then the Student’s remedy is limited to (at Euro Style Beauty Academy’s election):
- (a) The re-supply of any Course in which the Student was Enrolled; or
- (b) Refund of the Course Fees for any Course in which the Student was Enrolled.
10.2 Euro Style Beauty Academy disclaims all liability whatsoever for:
- (a) any consequential or indirect loss and/or expense (including loss of profit) the Student suffers or may suffer; and
- (b) any unlawful or negligent conduct of Euro Style Beauty Academy’s suppliers, agents or contractors.
11. Warranties and liability Warranties by Customer (Student) To the extent permitted by law, the Customer warrants, acknowledges and agrees at all times that:
- (a) any person signing up to a Product warrants that they are duly authorised to bind the Customer;
- (b) all information provided to us in connection with this Agreement are true, correct and not misleading in any respect (including by way of omission);
- (c) the Customer is using the Product for personal use and not for business or distribution purposes;
- (d) the Customer already can read English and has a reasonable comprehension of the English language, as the Products are intended to only assist those who have a reasonable comprehension of the English language;
- (e) we are not liable for any technical difficulties related to accessing or downloading any Teaching Materials or Products, including difficulties caused or contributed to by the Customer’s own device, network or other outage issues (whether affecting us, any Third Party, the Customer or otherwise);
- (f) the Customer has read, understood and agreed to any Our Policies (including any privacy policy), codes of conduct or terms of use published on the Website from time to time, and all required consents, waivers or agreements are in place to ensure continued compliance with the foregoing;
- (g) except to the extent required by law, while all reasonable efforts have been made to ensure that the Products and Teaching Materials are accurate, we are not liable to the Customer or any third party for any harm or injury caused in relation to the use of the Products, Teaching Materials or this Agreement;
- (i) we may record and use any teleconferences with you and any feedback from you for marketing, advertising or other business-related purposes, unless you expressly notify us in writing that you do not consent to us doing so;
- (j) you acknowledge that any breach of the Third Party Terms may cause us significant loss and you will at all times comply with (and will ensure any persons who access your Account on your behalf, whether in breach of this Agreement or not, will comply with) all Third Party Terms;
- (k) you will routinely review our Website or other notifications on the Website in respect of any Third Party Terms, will promptly notify us of any breach by you of any Third Party Terms and acknowledge that any information or data made available by a Third Party is subject to any disclaimers, limitations of liability and other acknowledgements contained in any Third Party Terms (which are enforceable by us and any Third Party);
- (l) the Teaching Materials (or any other material made available to you by us) may be made available or accessed in connection with a Third Party and content that we do not control, different terms or policies (including the Third Party Terms) may apply to your use of such third party services and content and we do not endorse (nor are we liable for) any such third party services or content; and
- (m) if any Third Party who hosts any Teaching Materials restricts access to such Teaching Materials, we will use our best endeavours to provide an alternative means to access such Teaching Materials, but if we are unable to do so within a reasonable time (and at a reasonable cost), we may vary the provision of the Product (including the Teaching Materials) and/or cease access to the relevant Teaching Materials and the provision of the Product, in which case will not be liable to refund any Fees paid for the Product (unless the law requires us to provide a refund of the Fee).
11.1 Allocation of risk To the extent the law permits, the Customer indemnifies and must keep indemnified us (including our related bodies corporate and their respective officers, employees, contractors and agents) against any and all costs, expenses, claims, damages or liabilities incurred, suffered or otherwise arising in connection with any breach by the Customer of its covenants in favour of us in connection with this Agreement. To the extent the law permits, we are not liable for any direct, indirect, punitive, incidental, special, consequential losses or damages (including damages for loss of use, data or profits) arising out of or in any way connected with the provision of or failure to provide the Products or any technology systems through which we communicate with the Customer, whether based on terms of trade, negligence, strict liability or otherwise, even if we have been advised of the possibility of such losses or damages.
11.2 Promotions (a) We may display short-term offers, promotion or advertisements to you (whether via our Website or otherwise) in respect of our Products (Promotions). We may create promotional codes that may be redeemed for features or benefits related to the Products, subject to any additional terms that are established on a per promotional code basis (Promo Codes). You agree that Promo Codes:
- (i) must be used for the intended audience and purpose, and in a lawful manner;
- (ii) are not valid for cash, may expire prior to your use and may be disabled by us at any time for any reason without liability;
- (iii) may not be duplicated, sold or transferred in any manner, or made available to the general public;
- (iv) are only valid for redemption with us or the relevant Third Party (if applicable) to which they relate and are always subject to any additional conditions imposed by the relevant Third Party to which they relate; and
- (v) may only be used pursuant to the specific terms that we or the relevant Third Party establish for such Promo Code. (b) We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we reasonably determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Standard Terms.
12. General Provisions Translation 12.1 Language Translation In the event that a version of these Standard Terms is provided on the Website in a language other than English, only the English language version shall be legally binding on the concerned parties. 12.2 Communication and Notices Any notice, demand, or other correspondence concerning this Agreement must be in written form. These may be served by personal delivery to a party, left at the party's most recent address, sent to a party's last known address through pre-paid ordinary mail, express mail, or registered mail, in which case it shall be deemed as served after five days from posting. Alternatively, notices may be sent by email to the party's last known email address, in which case it shall be deemed as served on the same day, provided it is sent before 4:00 p.m. in the place of dispatch.
12.3 Additional Obligations Upon our request, the Customer must promptly carry out any further act and complete the execution and delivery of any additional documents which we may reasonably request to facilitate the finalization of the Agreement.
12.4 Amendment and Waiver Any modification to this Agreement will only be effective if it is reduced to writing and signed by us. Moreover, the failure of us to exercise any or all of our rights or powers under this Agreement at any time and for any period of time shall not be construed as a waiver of any of our rights or powers arising under this Agreement.
12.5 Force Majeure Should the performance of this Agreement or any obligation under it (excluding any payment obligation) be impeded, restricted, interfered with, or substantially prejudiced due to circumstances beyond the reasonable control of the party obligated to perform (including but not limited to, any Act of God, actions of governmental or competent authorities, the imposition of new taxes, excise fees, tariffs, or other mandatory charges or an increase in the same, default of any suppliers under any contract to which we are a party, or seizure or stoppage of Products in transit), the affected party (upon promptly notifying the other party) shall be excused from performance to the extent of the prevention, restriction, or interference. However, the affected party shall make every effort to avoid or eliminate the causes of non-performance and shall resume performance under this Agreement promptly once such causes are resolved or mitigated. If such causes cannot reasonably be overcome, the parties will negotiate alternative arrangements for the performance of this Agreement in good faith.
12.6 Entire Agreement To the fullest extent permitted by law, this Agreement constitutes all the terms and conditions between the parties. The Customer acknowledges that it has not entered into this Agreement relying on, or as a result of, any promise, representation, statement, conduct, or inducement of any kind related to any matter in connection with this Agreement from us or our agents. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is not applicable to this Agreement or the supply of any Products.
12.7 Counterparts Any documents forming part of this Agreement may be executed and exchanged in any number of counterparts, all of which taken together constitute one and the same document.
12.8 Severance If any provision of this Agreement in favour of us exceeds what is permitted by law (Void Term), then the following provisions will apply:
- (a) the Void Term shall be read down to the extent required to ensure it is enforceable;
- (b) if the Void Term imposes liability on the Customer, then the Customer shall only be liable to the extent that the Customer caused or contributed to the liability;
- (c) if the Void Term releases us from any legal obligation, we will still be liable to perform that obligation to the extent we either caused or contributed to the event giving rise to the obligation or breached this Agreement or terms implied by law that cannot legally be excluded,
- and if the foregoing does not cure the invalidity or unenforceability (or the provision is void or unenforceable for any other reason), this Agreement does not include the provision and the remainder of this Agreement continues in full force.
12.9 Multiple parties
If the Customer consists of more than one person, or a term is used in this document to refer to more than one person comprising the Customer, each obligation is imposed on each person jointly and severally and each right is granted on each person severally.
12.10 Interpretation
In these Standard Terms:
- (a) headings are for convenience only and do not affect interpretation of this document;
- (b) the provisions of this Agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for proposing or preparing the Agreement;
- (c) the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included, and unless the context otherwise requires:
- (d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- (e) a reference to a party includes that party’s executors, administrators, successors, permitted assigns and, in the case of a trustee, includes any substituted or additional trustee;
- (f) singular includes the plural and vice versa and a reference to person includes a corporation, trust, partnership, unincorporated body, government agency, or other entity whether or not it comprises a separate legal entity;
- (g) a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
- (h) a reference to any document includes any agreement or other legally enforceable arrangement created by it (whether an agreement, deed or otherwise) and includes any variation, replacement or novation of it from time to time
13. General 13.1 If any provision of the Conditions is illegal or unenforceable this does not affect the remaining provisions.
13.2 any consequential or indirect loss and/or expense (including loss of profit) the Student suffers or may suffer; and (b) any unlawful or negligent conduct of Euro Style Beauty Academy’s suppliers, agents or contractors is entitled to assign any or all of its rights under these Conditions, and any Enrolment or Contract, by notice to the Student. The Student is not entitled to assign any of its rights or obligations under these Conditions or under any Enrolment or Contract without the consent of Euro Style Beauty Academy, which Euro Style Beauty Academy may withhold in its absolute discretion.
13.3 Time is of the essence with respect to the performance of the Student’s obligations under these Conditions and under any Contract.
13.4 The Conditions and any Contract shall be construed and applied in accordance with the laws of NSW, Australia and are subject to the exclusive jurisdiction of the courts of NSW, Australia. 13.5 Euro Style Beauty Academy reserves the right to vary or amend the Conditions at any time, and any variation or amendment will take effect with respect to Contracts entered into from the date the Student is notified.
14. Declaration 14.1 By accepting these Conditions, the Student (Customer) acknowledges, agrees and warrants that it:
- (a) Has read and understood these Conditions and any documents provided by Euro Style Beauty Academy during the Enrolment Process (including any Student code of conduct or Student behavioural policy published on the Website);
- (b) Understands that by signing these Conditions and having its Enrolment accepted, it is entering into a binding Contract with Euro Style Beauty Academy;
- (c) Subject to clause 3.2 is over the age of 18 and can provide evidence of same on request;
- (d) Has reliable access to a stable, virus-free computer or laptop and a reliable internet connection;
- (e) Does not have any medical, physical or behavioural conditions that would prevent it from completing the Course or abiding with these Conditions that it has not disclosed to Euro Style Beauty Academy;
- (f) Has disclosed all relevant information in the course of applying for Enrolment.