Terms & Conditions

1. General

a) This website at https://australianstyleinstitute.com.au/  (Site) is a website where you can browse, select and enroll in online fashion styling courses (Courses) and access other intangible and digital knowledge Services (including but not limited to information, text, displays, images, illustrations, photographs, video, audio, video and audio sequences, recordings, webinars, podcasts, and the design, selection and arrangement thereof) and related fashion styling services (collectively Services) advertised and described on the Site by Australian Style Institute Pty Ltd and its personnel and related entities (Australian Style Institute, us or we).

b) Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

c) Your access to and use of the Site, including your order of Services through the Site, is subject to these terms and conditions.

d) These terms and conditions also apply to the sale of any Services/Courses via methods other than the Site, including sales by telephone, email, in person or other means, unless otherwise agreed in writing.

2. Disclaimer

Your use of the Site, participation in any Courses and Services obtained through the Site is at your own risk. The information contained or provided in the Site, during the Courses and the Services is provided in good faith on an “as is” basis derived from industry experience. Neither Australian Style Institute, nor any person associated with Australian Style Institute makes any promise, warranty or representation with respect to the reliability, accuracy, completeness, security or availability of the information contained on this Site and in the Services, or that the Site or the Services obtained through the Site will otherwise meet your needs, expectations or provide to you a return on investment. 

The Courses/Services do not contain advice tailored to your individual circumstances, unless expressly stated.

To the extent permitted by law, Australian Style Institute is not responsible or liable for any Liabilities (including direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site and/or the Services. Your remedy for any dissatisfaction with the Site and/ or the Courses/Services is to stop using the Site. Please refer to any specific Terms and Conditions set out in your Enrolment Agreement with us (for enrolled students) in respect of any terms applicable to your particular Courses.  The terms of your Enrolment Agreement prevail to the extent of any inconsistency with these Terms. 

3. Site Intellectual Property

a) You:

      1. acknowledge that the copyright in the Site, Services, the Courses, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us;
      2. must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Material without our prior written consent; and
      3. must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

b) You may:

  1. store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
  2. print hard copies of the content and Materials for the sole purpose of viewing and purchasing Services but not for any other use, including commercial use.

c) This Site, the Services, the Courses (any the Materials) and any ancillary materials or documents owned or used by us in connection with the sale of the Services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Australian Style Institute. You must not use any of the marks or trademarks appearing on the Site and/or on or within Services or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.

4. Viruses

a) Australian Style Institute does not claim that any information (including any files or Services) obtained from, through or in connection with this Site or during the Courses is free from viruses or other faults or defects.

b) You are responsible for scanning any information for viruses.

c) You agree that Australian Style Institute has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.

d) If Australian Style Institute is found to be liable this will be limited to the cost of supplying the information or Services again.

5. Compliance with these Terms and Conditions

You agree to bound by, and comply with, these terms and conditions by:

a) accessing or using, or continuing to access or use, the Site;

b) participating in any Courses and/or enrolling or applying to enroll in any Course;

c) completing an account registration through the Site; and/or

d) obtaining or ordering Services from us using the Site or by any other method of sale.

6. Changes to these Terms and Conditions

    1. If you have an order or Course enrolment that has been accepted by us, the terms and conditions that will apply to that order or enrolment are the terms and conditions that applied at the time you placed your order. 
    2. Subject to clause 6(a), we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted on this Site. By continuing to use the Site and/or placing an order for Services, participating in a Course after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.

7. Registration

You may complete a customer registration process through the Site if such process is made available to you. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site.

8. Placing an Order for Services

a) You may order Services/enroll in Courses by selecting and submitting your order/enrolment through the Site in accordance with these terms and conditions.

b) Any order placed through this Site for a Service is an offer by you to purchase the particular Service for the price notified at the time you place the order.

c) We may ask you to provide additional details or require you to confirm your details to enable us to process any orders (and enrolments) placed through the Site.

d) You agree to provide us with current, complete and accurate details when asked to do so by the Site.

9. Acceptance or Rejection of an Order/Enrolment 

a) We reserve the right to accept or reject your order or enrolment for any reason, including (without limitation) if the requested Service or Course is not available (or at capacity), if there is an error in the price or the product description posted on the Site or in your order.

b) Each order placed for Services through the Site or any other means which we accept results in a separate binding agreement between you and us for the supply of those Services. For each order accepted by us, we will supply the Services in that order to you in accordance with these terms and conditions and the terms of your Enrolment Agreement. 

c) f we reject an order or enrolment, then we will endeavour to notify you of that rejection at the time you place the order/enrol or within a reasonable time after you submit your order.

10 Cancelling an Order or Enrolment Request (by Us)

a) Prior to the delivery of an order or commencement of the Services/Course, we may cancel all or any part of an order/Service (including any orders/Services/Enrolments that we have accepted) without any liability to you. This includes, but is not limited to, circumstances where:

      1. the requested Services/Courses in that order are not available; or
      2. there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Service/Course in that order; or
      3. that order on enrolment has been placed in breach of these terms and conditions.

b) If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you (or will refund you as soon as reasonably practicable if you have already been charged) for the cancelled order if you are not at fault or in breach of these terms and conditions.

11. Cancelling an Order (by You)

Orders and enrollments may not be cancelled once submitted via this Site or via any other method of sale. Should you wish to amend your order, enrolment or contact details, please contact us and we will endeavor to assist you, however we are not obliged to amend any order.

12. Delivery of Services/Provision of Courses

a) Delivery of Courses will typically occur in the manner Australian Style Institute deems appropriate in its sole discretion and generally as described on the Site or in the enrolment materials. This may include, without limitation, delivery by way of Australian Style Institute making a download link available to you to download a virtual Course to your computer or similar device or to access an online digital forum. You may also receive an activation key or similar product licence descriptor via a separate communication which may be required to active or use the Services. For the avoidance of doubt, delivery will be completed and Australian Style Institute’s obligations in respect thereof satisfied upon Australian Style Institute making the Course content available. For face-to-face Courses, you will be required to attend Australian Style Institute’s nominated locations and/or access content online via the designated means. 

b) You are responsible for all costs and expenses associated with downloading, running, accessing or using the Site and any Services you purchase, including, without limitation, any costs associated with computing hardware, maintenance, server and data storage and internet access and any costs associated with attending face-to-face Courses. 

13. Licence of Services

a) All orders for Services/Courses constitute orders for licences only. No order for any Services/Courses constitutes the transfer of any right, title or interest in or to any ownership of all or part of any Service or Course, and all rights not expressly granted, are reserved by Australian Style Institute. These terms and conditions permit you to use the Site and any Services for your non-commercial use only.  

b) Upon:

      1. submitting any order for Services or enrolment in any Course to Australian Style Institute;
      2. payment of the purchase price for a Service/Course; and/or
      3. downloading, installing, accessing or participating in any Service or Course (whichever comes first);

you are granted a revocable, non-transferable, non-exclusive and limited licence (Licence) strictly in accordance with these terms and conditions.

c) The Licence may be for the term applicable to the particular Service/Course as detailed on the Site or otherwise notified to you prior to or at the point of your order being accepted (Licence Term). If applicable, the Licence will expire automatically at the conclusion of the Licence Term, unless terminated earlier in accordance with these terms and conditions. 

d) If no Licence Term is specified, the Licence of the Services is a revocable, non-transferable, non-exclusive, perpetual licence subject to these terms and conditions.

e) Each and any recurring subscription payment for Services made by you will, upon being made by you and being received by Australian Style Institute, constitute an offer by you to enter into a new Licence in respect of the Services on Australian Style Institute’s then current licence terms and conditions.

f) In respect of virtual/online Courses or Course content, the Licence entitles you, for the Licence Term, to:

      1. download, install and use a single copy of the Course materials on a single computer or mobile device for your own personal, non- commercial use; or
      2. download, install, use and make a single archival copy of the Course materials on a storage medium other than a hard drive, and may only be used for the reinstallation of the Course and for your own personal, non-commercial use.

g) The Licence does not permit the installation or use of any Course content or materials:

      1. on more than one computer at any given time;
      2. on a system that allows shared use of applications;
      3. on a multi-user network; or
      4. on any configuration or system of computers that allow multiple users;
      5. unless you have a license for each separate computer on which the product is installed and run.

h) You may not access or use for any commercial purposes any part of the Site, Courses or any Services available through the Site. 

i) You may not assign your rights and obligations under the Licence, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Courses or Services.

j) You may not:

      1. share the Licence, or contents of the Courses, with others;
      2. copy, install or use the Services/Courses on any system with more than one computer; or
      3. permit the use, copying or installation of the Service/Courses by more than one user or on more than one computer;

unless you hold multiple, validly, licensed copies.

k) You may not:

      1. decompile, “reverse engineer”, disassemble, or otherwise attempt to derive the source code of the Site;
      2. broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Service or Course materials;
      3. post the Course materials on any website; or
      4. use the Services/Courses for commercial purposes other than any commercial purposes made known to and consented to by Australian Style Institute at or prior to ordering.

l) You may not modify the Services, Site or Course materials, create derivative works based upon the Services, Site or Course materials or use the Services, Site or Course materials to develop any product having the same primary function as the Services or Courses. 

m) You may not modify the Services, Site or Course materials or create any derivative work of the Services, Site or Course materials or any accompanying documentation. 

n) You may not copy any part of the Services, Site or Course materials except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium.

o) Australian Style Institute or its subsidiaries, affiliates, and suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the Services, Site and Course materials and all copies thereof.

p) You will indemnify Australian Style Institute, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Services, Site and Course materials including but not limited to, any modification by you of the Services, Site or Course materials which causes the Services, Site or Course materials to infringe the intellectual property rights of a third party.

14. Prices, Fees and Charges

a) The prices of Services and delivery and other charges displayed on this Site are current at the time of issue, however, Australian Style Institute reserves the right to change prices at any time before we accept an order from you.

b) All prices shown on this Site are in Australian Dollars (AUD).

c) You will ordinarily be required to supply payment information to Australian Style Institute (or an authorised billing representative of Australian Style Institute) upon ordering Service and/or registering to access the Site/Courses. This payment information may include, for example, credit/debit card or bank account details (Payment Details). All Payment Details supplied to Australian Style Institute will be retained and used by Australian Style Institute (or its third party payment provider) in accordance with these terms and conditions and Australian Style Institute’s Privacy Policy available on the Site. 

d) You must ensure that the Payment Details you supply are correct, complete and continually updated. Failure to pay a subscription Purchase Price when due may result your Licence and/or your account being suspended or cancelled. You agree to pay Australian Style Institute upon demand all Australian Style Institute’s fees, costs and expenses it occurs in connection with any failed payment, including the recovery thereof from you.

e) In ordering any Services/Courses, you agree to pay Australian Style Institute the applicable price for the Services as outlined on the Site or as otherwise notified to you in advance of purchase (Purchase Price). You authorise Australian Style Institute (and/or any third party payment processor of Australian Style Institute from time to time) to charge and deduct the Purchase Price from you using the Payment Details:

      1. immediately upon accepting your order or enrolment; and
      2. continually and automatically on an ongoing, recurring basis as displayed on the Site or Enrolment Agreement.

f)Ongoing subscription payments will continue until terminated in accordance with these terms and conditions.

g) All fees and charges identified in these terms and conditions and all prices for the Services/Courses as shown on the Site are inclusive of GST (unless otherwise indicated). 

h) All amounts owed to Australian Style Institute under or in connection with these terms and conditions constitute debts due and payable by you to Australian Style Institute until paid in full. 

15. Your Obligations

a) You covenant and warrant that:

      1. all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
      2. the person receiving, accessing or using the Services is authorised by you to do so;
      3. you have and will comply with all relevant laws relating to your use of the Site and your placement of any order or enrolment to us;
      4. you will ensure that any log in information and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
      5. you will promptly notify us if you are or become aware that there is or has been an unauthorised use of account, or any other security breach relating to your account;
      6. you will promptly advise us of any changes to your information provided to us as part of any customer registration process;
      7. you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
      8. you are responsible and liable for any person that uses your user access details and/or password to order Services through the Site;
      9. you agree that we may charge you for all Services that we agree to supply to you that have been ordered by you or using your account through the Site; and

b)  You must not:

      1. use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
      2. use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
      3. you agree not to broadcast, publish, upload, transmit, post or distribute on the Application abusive or objectionable content, including but not limited to discriminatory, racists, pornographic, threatening or abusive material.
      4. make fraudulent or speculative enquiries, purchases or requests through the Site;
      5. use another person’s details without their permission or impersonate another person when using the Site;
      6. post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
      7. tamper with or hinder the operation of the Site;
      8. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
      9. use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
      10. modify, adapt, translate or reverse engineer any portion of the Site;
      11. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
      12. reformat or frame any portion of the web pages that are part of the Site;
      13. create accounts by automated means or under false or fraudulent pretences;
      14. use the Site to violate the security of any computer or other network or engage in illegal conduct;
      15. take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
      16. use the Site other than in accordance with these terms and conditions; or
      17. attempt any of the above acts or engage or permit another person to do any of the above acts.

16. Warranty and Liability

a) Australian Style Institute accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

b) Where we are permitted by law (and subject to clause 16(a)):

      1. we do not warrant or represent the suitability of the Services, Site or Courses for any purpose; and
      2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Services, Site or Courses.

c) To the extent permitted by the Australian Consumer Law any other law, our liability in connection with this agreement and the Services is limited to the price of the Services.

d) To the extent permitted by the Australian Consumer Law any other law, you release and indemnify us in respect of all claims and losses in connection with this agreement or the Services, unless caused by our gross negligence.

e) Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

17. Termination and/or Suspension

a) Australian Style Institute may terminate any subscription and/or this agreement in its sole discretion at any time. Without qualifying the foregoing, Australian Style Institute may immediately suspend, terminate or limit your access to and use of the Site, the Courses and (where relevant) your account and any Services if Australian Style Institute suspects that you have committed a fraudulent act and/or you have, or you intend to, breach these terms and conditions.

b) Any cancellation by Australian Style Institute in circumstances where you are not in default of your obligations under these terms and conditions will take effect at the conclusion of the then current Licence Term or billing period (as applicable).

c) Any cancellation by Australian Style Institute in circumstances where you are either in material default of your obligations under these terms and conditions, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by Australian Style Institute, will be of immediate effect. 

d) In the event a subscription, Licence and/or any agreement arising under or in connection with these terms and conditions is cancelled, Australian Style Institute may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, any Services, including but not limited to deactivating your Licence and blocking your access

18. General Provisions

a) If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

b) This agreement is governed by the laws of the State of Victoria in Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

19. Privacy Policy and Your Personal Information

Refer to Australian Style Institute’s Privacy Policy available on the Site.

20. Definitions

a) Capitalised terms used are defined in these terms and conditions. 

b) In these terms:

      1. “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
      2. “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.

Promotions & Promotional Codes  

a) From time to time we may run promotions on our website which are subject to both these Terms and any additional promotion-specific Terms which are incorporated into these Terms by reference. You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the Terms of the applicable promotion(s).

b) Promotional offers are only available for a limited time only, for as long as it is advertised on austraianstyleinstitute.com.au. We have the right to cancel or change any promotion at any time without notice and in its sole discretion.

c) Promotions are not valid for cash or cash equivalent. Promotions cannot be applied to previous purchases nor combined with any other offers.

d) Offers are non-transferable. All monetary amounts specified in these terms and conditions are in Australian dollars (AUD).

e) To redeem an offer during an Offer Period, enter the advertised promo code into the promo code box when submitting an Enrolment Application. You can only use the redemption code once unless otherwise stated.

 

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