fbpx
Terms of Service
Terms of Service

Academy Terms & Conditions

My Rejuvenate Pty Ltd T/A Future Aestheticà 

ABN: 617 399 587 Schedule of Definitions:

Confidential Information includes confidential information about the business, structure, Websites, processes, methods, operating procedures, activities, products and services, trade secrets, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, knowhow, intellectual property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”. This includes the content, resources, materials, handouts, and any login details provided in respect of the Company.

Company means My Rejuvenate Pty Ltd T/A Future Aestheticà (ACN 617 399 587) of Shop 1, 2 Young Street, Annandale NSW 2038. 

Contract means a contract of the sale of services arising out of an order accepted by the Company. 

Course and Courses means a beauty related vocational training course provided or made available to Students by the Company. 

Dispute an unresolved claim which arises under these terms and conditions.

Enrol and Enrolment means the act by the Student of entering into a Contract with, or agreeing to accept the supply of a Course by the Company. 

Force Majeure Event shall include but is not limited to an Act of God, war, natural disaster (including but not limited to an earthquake, hurricane, or volcano event), pandemic, COVID lockdown, terrorism, strike, embargo or unavailability of supply of products or services by the Company for reasons that are outside the Company’s control that has a material and adverse impact on the Company’s ability to supply the Course to the Student. 

Services means any educational materials, products and/or services supplied by the Company. 

GST means services and Services Tax as provided for in A New Tax System (services and Services Tax) Act 1999 (Cth). 

Intellectual Property includes all intellectual property and any type or nature whatsoever involved or associated with the provision of the Course by the Company to the Student, including but not limited to the Intellectual Property in any Course content, documents, and resources. It also includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

Notice means written notice of a dispute in accordance with Clause 13(b).

Parties means the parties to these terms and conditions.

Refund means a refund of the purchase services fee under Clause 3.

Services Address means academy@futureaesthetica.com and Shop 1, 2 Young Street, Annandale NSW 2038. 

Services Fee means the total monetary amount payable for purchase of products on the website including any associated bank, payment gateway or credit card charges.

Terms means the terms and conditions contained herein within this document.

Student means any person who enrols in a Course or supplied by the Company.

1. Background

1.1 The Company conducts business under the name Future Aestheticà, which provides beauty related vocational training delivered through face-to-face courses. 

1.2 The Company provides the Student with beauty related vocational training including but not limited to brow tattooing, cosmetic tattooing, tattoo eyeliner and lip blush (‘the Services’). 

1.3 The Services are delivered in two components including: 

a. online access to pre-learning course content; and 

b. face to face training at the Company premises, based in Annandale Sydney. 

2. Enrolment and Acceptance 

2.1 The Company 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 the Company determines in its discretion is or are not financially viable to proceed with, whether or not such Course(s) has or have commenced. If the Company elects to cancel a Course that the Student is enrolled in, and the Student has paid their deposit, the Company shall refund the Student any fees actually paid by the Student as at the date of the cancellation. 

2.2 Upon the Company accepting the Students enrolment into a Course and notifying the Student of their acceptance, a Contract shall be formed between the Company and the Student. 

2.3 The Company 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. 

2.4 Upon the balance of the Course Fees being received by the Company in accordance with clause 3.2, the Company will provide the Student with access to the online learning materials and resources (‘Materials’) required for the course. 

2.5 The Student is strictly prohibited from sharing their login credentials associated with the online delivery of the Services. 

3. Course Fees and Refund 

3.1 The Student is required to make payment of the Deposit at the time of enrolment, this Deposit is non-refundable. 

3.2 The Student is required to make payment of the balance of the Course Fees two (2) weeks prior to the commencement of the Course.

3.3 In the event the Student needs to reschedule the enrolment date, the Company will facilitate this, provided the Student gives more than two (2) weeks notice prior to the commencement of the Course. 

3.4 If the Student cancels their enrolment in the course within two (2) weeks of the commencement of the Course, their Course Fees will not be refunded. 

3.5 The Student acknowledges that they are not entitled to a refund of any monies paid after the commencement of the course if they elect to withdraw from the course. 

3.6 All amounts are in Australian dollars and include GST. The Company is not responsible for exchange rate fluctuations or changes in GST rates, and reserves the right to increase the gross price should GST and/or any other rates increase.

3.7 The Student understands that the pricing structure, payment methods, payment processes, and these Terms and Conditions may be amended at any given time at the Company’s sole discretion.

4. Intellectual Property 

4.1 The Student understands that the Company owns all intellectual property rights in the materials and resources provided, and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property ownership rights in the materials, except where the Company has expressly authorised the transfer and the authorisation is evidenced in writing.

4.2 The Student must not breach the copyright or intellectual property rights of the Company by:

a. altering or modifying any of the materials; or

b. copying or reproducing the materials without the written consent of the Company; or

c. creating derivative works from the materials; or

d. sharing or making the materials available to or accessible by any third party; or 

e. using any materials for commercial purposes such as on sale to third parties. 

4.3 The Student is permitted to record their sessions for the sole purpose of learning in accordance with the course and these Terms, however the Student is strictly prohibited from disseminating any Materials or sessions to any third parties. 

4.4 The obligations under this clause will survive termination of these Agreement.

5. Confidential Information

5.1 The Student agrees not to disclose any private or confidential information (‘Confidential Information’) to any third party; and to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure. 

5.2 The Student agrees to only use the Confidential Information for the purpose for which it was disclosed or provided by the Company, and not for any other purpose.

5.3 The obligations under this clause will survive termination of these Agreement.

6. Student Conduct and Behaviour  

6.1 The Company may provide the Student with any code of conduct or other policies concerning the Student’s conduct and behaviour. The Student is obliged to familiarise themself with any such code or policy and abide by the same. 

6.2 Without limiting clause 6.1, during their dealings with other students and the Company personnel, the Student must at all times: 

a. behave in a courteous, fair-minded, and non-disruptive manner; and 

b. not engage in any conduct that is abusive, unreasonable, discriminatory, or threatening or which amounts to harassment or stalking.

7. Marketing & Social Media 

7.1 The Student is encouraged to provide feedback on the Course and their learning experience. Feedback may be used for marketing purposes. If a Student does not wish for their feedback to be used for marketing purposes, they should advise the Company in writing. 

7.2 The Student consents to the Company taking photos and videos content during the course of the Course and uploading the content on their Social Media accounts and for the purposes of marketing. 

7.3 The Company agrees to the Student uploading the photo and video content on their Social Media, subject to clause 12.   

8. Force Majeure

8.1 If a Force Majeure Event occurs: 

a. the Student is not relieved from its obligations under this Contract with respect to an enrolment, except as provided for in this clause.

b. the Company may, at its option:

i. suspend and Course affected by the Force Majeure Event, for a period of at least six (6) months or until the Force Majeure Event has ended (whichever is earlier); or 

ii. if the Force Majeure Event has not ended after the end of any period of suspension, cancel any Contract affected by the Force Majeure Event, in which event any applicable Course Fees shall be supplied as a credit against future Course enrolments by the Student. 

8.2 The Company is not liable for any loss caused to the Student by a Force Majeure Event and shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by a Force Majeure Event. If your need for the Course is reduced or suspended as a result of the Force Majeure Event, and notification is within reasonable time of acceptance of the Purchase Services and prior to the delivery of the Services, the Company reserves the right to terminate the Agreement and provide a refund. 

9. Liability and Indemnity

9.1 The Company will not be liable for any costs associated with travel or accommodation in the event that the Course is delayed or cancelled due to a Force Majeure Event 

9.2 The Student agrees to indemnify, defend and hold the Company harmless for and against any and all costs, claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

a. any indirect or consequential loss or damage; or

b. any loss or damage to business, goodwill, or reputation and loss of revenue and profits; or

c. any breach of these Terms and Conditions.

9.3 The Student understands that the Course is designed to assist them in learning the Services through the provision of face to face sessions, materials and resources. The Company does not warrant or guarantee the success of their service or business through any service or materials offered and cannot be held liable for any damages arising out of the use of such services or materials.

9.4 The Student agrees to the maximum extent lawfully permissible that if the Company breaches the Conditions or any applicable law, then the Student’s remedy is limited to (at the Company’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. 

9.5 The Company 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 the Company’s suppliers, agents or contractors.  

9.6 The obligations under this clause will survive termination of these Terms. 

10. General

10.1 The Company is entitled to assign any and all of its rights under these Terms and 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 written consent of the Company, which the Company may withhold in its absolute discretion. 

10.2 Children, animals and/or other people are not allowed to be present for any training session unless authorised by the Company. 

10.3 The Terms and Conditions of this Agreement are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

10.4 The Company reserves the right to vary or amend these Terms and 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. 

11. Severance and Termination 

11.1 If any provision (or part of it) of the Terms and Conditions is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of these Terms and Conditions cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and Conditions and the remaining provisions (and remaining part of the provision) will be valid and enforceable.

11.2 The Company may also terminate this Agreement immediately by written notice if, in their reasonable opinion, the provision of Services breaches any applicable laws, regulations, professional or ethical standards or codes, has the potential to bring them into disrepute, or may expose them to unreasonable personal risk. 

11.3 Termination does not affect any accrued rights of either party, including your obligation to pay the Company’s fees, expenses and charges for work performed up to the effective date of termination. 

12. Defamation 

The Student agrees not to post any content on any website(s) or social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring the Company into disrepute.

13. Dispute Resolution

a. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

b. Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

c. Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

i. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of Australian Mediation Association or his or her nominee;

iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

iv. The mediation will be held in Sydney, Australia.

d. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

e. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Notice

Any notice required or permitted to be given by either party to the other under these conditions will be sent by way of email to the address provided by the Student at the time of sending. Sufficient notice will be deemed to have been served on the expiry of 24 hours after the email correspondence has been sent.

15. Jurisdiction

The Terms and Conditions contained within this Agreement are governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales. The Student cannot bring a claim, suit or action arising out of any part of this Agreement in a different jurisdiction, regardless of the Student’s geographical location.

16. Entire Agreement 

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between the Student and the Company and supersedes any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.