Terms & Conditions

1. General

1.1. Australian Style Institute Pty Ltd (ACN 602 540 670) (“we”, “us” or “our”) offers prospective students (“applicants”) the opportunity to enrol in online educational courses relating to style and image training (“Courses”).

1.2. Please read the Terms and Conditions below before signing the digital enrolment form (“Enrolment Form”) to which these Terms and Conditions are enclosed. If the applicant is under 18 years of age, then the applicant must obtain a parent or guardian’s consent before applying with us.

1.3. Any agreement with us is subject to these Terms and Conditions.

2. Course curriculum

2.1. Depending on the Course selected, enrolled students will be provided with training that is delivered online.

2.2. We reserve the right to vary Courses, including content and delivery at our sole discretion from time to time.

3. Entry Requirements

3.1. Australian Style Institute reserves the right to refuse enrolment. In the case of refusal within the same business day, fees may be refunded by ASI. After this period, duration of access to course materials and intellectual property will determine whether ASI provides a refund.

4. Enrolment Procedures

4.1. Enrollees must complete and sign the Enrolment Form and these Terms and Conditions together with either payment in full or initial payment of first payment of payment plan amount. If you are on a payment plan you will be required to sign additional Terms and Conditions.

4.2. If an enrollee is under the age of 18 years, a parent or legal guardian must agree to and sign these Terms and Conditions and will be held responsible for payment of all course fees due and payable to us. The parent or guardian warrants and guarantees the enrollees compliance with its obligations under these Terms and Conditions. A reference to “enrollee” or “student” in these Terms and Conditions means jointly a reference to the applicant/student and their parent/guardian (where under 18 years of age).

5. Acceptance of an Enrolment

5.1. Upon receipt of the signed digital Enrolment Form, we will contact the applicant via email to confirm the details of the enrolment.

5.2. Only accepted enrollees (“students”) with payment made will be entitled to participate in a Course.

6. Special requirements

6.1. At the time of enrolment, students must notify us if they have any special requirements that may hinder them from fully participating in or completing the Course.

6.2. In the event that a student has special requirements, we will endeavour to accommodate such requirements. However, we make no commitment that special requirements can reasonably be accommodated and will not be held responsible nor will there be a refund or reduction of the course fees if such special requirements cannot reasonably be accommodated by us.

7. Online accessibility

7.1. Each student must, at their own cost, acquire and maintain computer hardware and any necessary third party licenses required to participate in online classes.

7.2. We will provide each student with all information necessary to enable the student to access the online classes.

7.3. Whilst we will endeavour to make the classes available at scheduled times, we cannot guarantee that we will do so without any interruption or error.

8. Student obligations

8.1. Upon enrolment, students will be provided with the Course outline and access required to start and successfully complete the course.

8.2. Failure to:

(a) attend a minimum number of classes; or

(b) failure to complete required assessments, as determined by us, may result in non- completion of the course.

8.3. It is the responsibility of the student to review any missed classes. We are under no obligation to provide additional tuition for any missed classes.

8.4. All training sessions (if applicable to the Course) must be completed within the original Course period, or additional fees may apply.

9. Deferment, withdrawal or cancellation of a Course by us

9.1. We reserve the right to defer, cancel and/or reschedule a Course or course class at our sole discretion if any of the following incidents occur:

(a) our trainer is suffering an illness or is unavailable due to an emergency; or

(b) otherwise due to events outside our reasonable control.

9.2. In the event any circumstance outlined in this clause occurs, we will not be liable to refund any part or whole of the course fees and will not provide compensation to any student (other than by way of the rescheduled Course/class).

10. Withdrawal from a Course by a student

10.1. If a student intends to cancel or withdraw their enrolment with us, they must notify us of their intention to cancel or withdraw from the Course as soon as possible.

10.2. Course fees are non-refundable as places within our Courses are strictly limited and often in high demand. In the event that the applicant/student wishes to withdraw, they will be liable for the full Course fees. Any remaining Course fees will be payable on the date the withdrawal is communicated and payment may be automatically deducted by us from the nominated credit card provided by the applicant on the Enrolment Application, without further notice.

10.3. For the avoidance of doubt, we do not offer refunds or credit notes for withdrawals and enrolments and Courses are non-transferrable to third parties.

10.4. If a student ceases to attend the Course for more than two (2) consecutive classes, and has not notified our training staff of the reasons for their absence (noting that requests for deferral are subject to clause 11 ), we may assume that the student is no longer attending the course and we, at our sole

discretion, may cancel the student’s enrolment.

10.5. If the student ceases to attend the Course in accordance with clause 10.4 without our consent, the student will forfeit any fees paid and the remainder of the Course fees will be due and payable and may be deducted by us from the nominated credit card provided by the applicant on the Enrolment Application, without any further notice.

11. Deferment of a Course

11.1. A student may request to defer the Course prior to or during the Course. We are not obliged to accept a request for deferment but may do so at our sole discretion.

11.2. A student may request a deferral (a maximum of once) and that student must provide evidence of illness, emergency, family crisis or other reasons preventing that student from attending the Course. There is no obligation for us to accommodate the request for a deferral.

11.3. Approved applications to defer will not attract a deferral fee.

11.4. In the event that an application to defer is not accepted by us and the student does not continue with the Course as required, the student will be deemed to have abandoned the Course and the provisions of Clause 10.4 will apply.

11.5. Until such time as a deferral application has been accepted or rejected, the student will be liable for making all Course fee payments.

11.6. In the event we approve an application to defer, the student’s enrolment will be deferred to the next intake.

12. Fees and Charges

12.1. The fees and charges associated with the Courses are set out in the digital Enrolment Form or as otherwise notified by us in writing. Direct debit payments can only be paid via Credit Card.

12.2. Any fees and charges may be payable by credit card or bank transfer. Such payment methods are the only acceptable forms of payment.

12.3. Fees are payable before commencement of the Course.

12.4. All payments must be made by the due dates in accordance with Terms and Conditions. It is the student’s responsibility, or if they are a minor, the responsibility of the parent or guardian, to make payment of the due amounts in accordance with the scheduled dates. The student agrees to pay to us all costs and expenses incurred by collecting any overdue amount, including legal costs on an indemnity basis.

12.5. In the event a scheduled payment is made late, access to the course will be taken away until such time as the outstanding payment is made. The student may return to the Course if payment of the outstanding amount is made.

13. Refunds

13.1.Payments are strictly non-refundable and non-transferable except for circumstances where the applicant has been refused at the enrolment stage.

13.2. In the event the course has commenced, course fees will be strictly non-refundable and non-transferable.

14. Disciplinary Procedures

14.1. All students must uphold a professional level of conduct by adhering to these Terms and Conditions and any instructions or policies provided by the training staff during the course.

14.2. Students may be expelled from a Course or other disciplinary action taken in our discretion should they engage in any of the following conduct:

(a) failure to abide by these Terms and Conditions or the directions of our staff;

(b) disrupting the Course class;

(c) being under the influence of drugs or alcohol during a Course class, or during any external activities arranged by us;

(d) failure to maintain a polite and respectful demeanor towards others;

(e) failure to submit or complete required tasks;

(f) misuse of any confidential information (including but not limited to, Course materials); or

(g) behaving in a manner that is inconsistent with our expected standards of behavior, as determined by us in our sole discretion.

14.3. A student that has been expelled will not be entitled to a refund of their Course fees nor will they receive any further training or Course materials. They must pay for any remaining course fees.

14.4. For the avoidance of doubt, a student that has been expelled cannot divulge any information in relation to the Course material or the Course material notes to any third party.

15. Non-Complete

15.1. The Course materials and training processes are solely owned, used and supplied by us for the purposes of providing style and image training courses.

15.2. A student who has wholly or partially completed a Course is prohibited from portraying or holding out that they are qualified educators or trainers of that Course or that they have any affiliation with us other than as a student.

15.3. A student who has wholly or partially completed a Course must not be interested or otherwise involved in any business which is the same or similar to our business or provides style and image training within 12 months of completion (whether wholly or partially) of a course. Australian Style Institute’s intellectual property and materials are property of the company and Copyright applies (see 18).

16. RTO

16.1. In the event that we obtain status as a “Registered Training Organisation”, we may make any required changes to the Courses, Course materials and may require students to provide further information, execute additional documentation and/or do all things reasonably necessary to ensure our compliance with our obligations as a Registered Training Organisation. Students acknowledge that we may disclose student enrolment information to the Australian Government as part of our accreditation process and ongoing compliance as a Registered Training Organisation.

17. Warranty and Liability

17.1. We are bound by all legal guarantees and warranties expressed or implied under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other legislation to the equivalent effect, the effect of which cannot be excluded by these Terms and Conditions.

17.2. To the maximum extent permitted by law (and subject to clause 17.1 ):

(a) we do not warrant or represent the suitability of the Course or the Course materials for any purpose;

(b) we do not claim, represent or warrant the suitability of any Courses for any person;

(c) the student agrees that Course materials are intended as a learning aid and guide only and are not a substitute for tailored advice or private study;

(d) the applicant/student acknowledges that it has not relied on any representation, warranty, promise, forecast or statement made by us in deciding to enter into these Terms and Conditions;

(e) we will not be liable to any student for any loss, whether direct, indirect, incidental to or consequential, under any statute or otherwise (including negligence) arising from or connected to a student’s participation in the Course or reliance upon any Course materials; and

(f) to the extent we are liable in relation to the supply of services, our liability is limited (at our election) to supplying the services again or payment of the cost of having the services supplied again.

17.3. Our liability for loss or damage of any kind arising under or in connection with a Course or these Terms and Conditions is reduced to the extent (if any) that the student causes or

contributes to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

18. Confidentiality and Intellectual Property

18.1. The student acknowledges that the Courses and the Course materials (“Materials”) are owned by us.

18.2. Students must not modify, copy, adapt, store in a system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Materials, under any circumstances.

18.3. Enrolled students may retain Materials provided during a Course for the sole purpose of reviewing the content and Materials.

18.4. The Materials and any ancillary materials or documents owned or used by us in connection with the sale of the Courses and promotion of its business contains intellectual property which is owned by us and protected by law.

19. Force majeure

19.1. We will not be liable for any delay or failure to perform under these Terms and Conditions if and to the extent that such failure is due to matters beyond our reasonable control. Matters beyond our reasonable control include acts of God, pandemic, changes in law or regulation or other acts of any governmental authority, strikes, lockouts, boycotts, adverse weather conditions, disruption to transportation and civil disorders or other similar acts or causes beyond our reasonable control.

20. Severability

20.1. If the whole or any part of a provision of these Terms and Conditions is rendered void, illegal or otherwise unenforceable in a particular jurisdiction, it is severed for that particular jurisdiction.

20.2. The remainder of these Terms and Conditions has full force, effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

20.3. This clause will have no effect if the severance of the whole or part of a provision alters the basic nature of these Terms and Conditions or is contrary to public policy.

21. General provisions

21.1. These Terms and Conditions may only be varied or replaced by written agreement.

21.2. These Terms and Conditions and the Enrolment constitute the entire agreement between us and the applicant/student and supersedes any prior written or verbal agreements, arrangements, contracts or prior communications between us and any applicant/student.

21.3. These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts.

Understanding payment obligations on a Payment Plan

We are excited that you’ve taken the next steps into your styling journey and chosen to study with Australian Style Institute (ASI).

While fashion and learning can be fun, we take payment of fees seriously.

It’s important that we spend our resources supporting and championing our community as they grow and thrive, not pursuing unpaid accounts.

That’s why we want to ensure that you understand our payment requirements before you enrol. Please read the payment obligations carefully.

Payment obligations:

• Australian Style Institute offers payment plans to provide students a method of payment of their course fees over a set period of time. You understand that by enrolling in your selected course that payment is to be made in its entirety over the outlined number of payments.
• You will be charged an additional $500 on top of your course fees to be on a payment plan.
• Payments are debited monthly on the same day as your date of enrolment (this date can be changed once to a date that is best suited to your finances).
• You agree to having the funds available on the designated day, so that payment can be successfully processed. If you fail to make a payment on the designated day, the first time you will receive a reminder to make payment available for ASI to attempt to process again. Funds must be made available within 48 hours for this retry. After this first attempt, a late fee of $30 per day will be incurred if communication has not been made with Australian Style Institute on [email protected] (you will require an email response for this email to be valid).
• Payments more than 14 days overdue (without contact to Australian Style Institute for possible alternative arrangements) forfeit the monthly payment schedule. ASI will be entitled to balance of payment in full at this time.
• Failed payments may be escalated to ASI’s legal representative or a collections agency, where any expenses incurred will be required to be paid by you.
• You cannot withdraw or cancel your course once you are enrolled. Should you wish to discontinue your studies, payment will still be required within the timeframe outlined in your enrolment terms and conditions. ASI will not refund your course fees if you change your mind and you will be required to pay your course fees within the agreed timeframe on your enrolment (this includes a medical certificate). It is up to ASI to determine whether they provide a payment or study extension in this case).
• If another person, parent or guardian is nominated to pay for your course fees and for any reason they decide to discontinue payment, please note that payment will still be required by you.

If you have more questions about the course you are enrolling in, the duration or payments, please contact the Australian Style Institute team.