Bookings Terms and Conditions
*Please read section 4 - the parts in red!
1. Definitions
1.1. ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
1.2. Booking means your booking for a particular Course;
1.3. Booking Charge means the cost payable to register and participate in a particular Course;
1.4. Course means any training course provided by SMART Spelling;
1.5. Facilities means the services, facilities and any other relevant tools ordinarily provided by us for use in connection with a Course;
1.6. We/Us/Our means The Trustee for Bram St Ives Trust (ABN 75 491 760 353) trading as SMART Spelling.
2. Application of these Terms
2.1. All Bookings are subject to these Terms and by making a Booking you will be deemed to have accepted these terms.
2.2. These Terms are governed by, and construed in accordance with, Victorian law and by making a Booking you agree to submit to the jurisdiction of the Victorian courts.
2.3. Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under the ACL or any other applicable law.
2.4. If any provision of these Terms is invalid under the ACL or any other applicable law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect at all, then it is to be severed by these Terms and the remainder of these Terms will continue to have full force and effect.
3. Charges & Payment
3.1. The Booking Charge may be made by credit card, Paypal or for schools, by the provision of a purchase order number where a tax invoice will be emailed and payment made by direct bank transfer.
3.2. The Booking Charge is payable by the due date.
3.3. Upon payment of the Booking Charge by the due date, your enrolment, and right to participate, in the Course is confirmed.
4. Cancellation or Non-Attendance
4.1. In the event that you cancel your Booking or you fail to attend the Course subject to any rights you may have under the ACL or any other applicable law:
4.1.1. the Booking Charge will not be refunded; and you may elect a replacement person to participate in the course you were booked in or we will provide you with a login to complete the online course. You will have 1 month of access to complete the online course. We will also post your copy of the manual and notes.
4.2 In the event that we cancel or postpone the Course for which you have paid the Booking Charge due to unforeseeable circumstances beyond our control; 4.2.1. you will be entitled to a full refund of the Booking Charge; 4.2.2. you will not be entitled to reimbursement of any other expense you have incurred at your own behest, such as travel costs, replacement teachers, car-parking, childcare or accommodation.
5. Liability & Indemnity
5.1. Any monies or other valuables that belong to you are to remain your responsibility and we are not responsible for their safekeeping.
5.2. To the extent permitted by the ACL or any other applicable law, you agree to release, indemnify and hold harmless, us and our officers, employees, contractors, sub- contractors, consultants and agents against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury and death) arising out of, or in connection with your Booking, your attendance or your participation in a Course, except to the extent that such expense, cost, liability, claim, action, proceeding, damage, judgement or loss was caused by our negligence, wrongful act or omission or breach of these Terms.
5.3. Each indemnity in these Terms is a continuing and independent obligation and survives the termination or expiry of these Terms.
Booking Terms and Conditions. Updated 8th May 2020
P O Box 600 Somerville Vic 3912
Email: [email protected]