WEBSITE TERMS AND CONDITIONS

These terms and conditions apply to your use of the AestheticsED website. Importantly, these terms are to be read in conjunction with our privacy policy.

By using this website, you agree to comply with these Terms and Conditions and any changes that we, HYMACK Group Pty Ltd T/A AestheticsED, (and sometimes referred to as ‘AED’), make to them from time to time. If you do not agree with our Terms and Conditions, then please do not use this site.

Disclaimer

Our website, and the materials and information available from it, are provided for general guidance purposes only. Nothing on this site, including materials and information available from this site or subsequently shared with you, represents professional advice in any way. AestheticsED will take reasonable care in the presentation of information on this site however, we make no representations or warranty whatsoever regarding the accuracy, currency, completeness or suitability of this website, or any information that we may share with you for your particular circumstances. Reliance on any information on this site, or shared with you by us, is done so solely at your risk.

We do not warrant and do not represent that our website and the content on our website, or third-party websites, are free from viruses or other defects. We provide content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and our materials regardless of how those materials are provided.

We do not warrant that your access of our website will be uninterrupted, timely, secure or error-free. Your access to this website may be suspended in the case of system failure, maintenance, repair or any reason beyond our control.

To the maximum extent permitted by law, we exclude all liability to you or anyone else for any loss, liability or any damage suffered or arising from or relating in any way to:

• any access to or use of this site or any of the materials and information available from this site or materials and information otherwise made available to you;
  any reliance on, or decision made on the basis of, information or material available (or omitted) from this website, or materials and information otherwise made available to you
• any representation relating to the existence or availability of any education or training course or qualification advertised on this site or otherwise marketed by us;
• any representation relating to the existence or availability of any government funding advertised on this site or otherwise marketed by us;
  any fault, delays, interruptions or lack of availability of this website for any reason; and
• any information or material carried on any website operated by a third party which may be accessed from this website.

If any warranty cannot be excluded, then to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services. Neither you or us will be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.

Links to or from other sites

If we link to other sites, we do so because we believe they may be of interest to you. We make no representations about the accuracy of third-party sites linked from this site. Further, AestheticsED does not accept any responsibility for the content of any third party sites linked from this site.

Copyright and trademarks

AestheticsED™ and any other trademarks, trade names, logos on this site are the property of HYMACK Group Pty Ltd (ABN 13 642 891 192) and its licensors.

This website represents the copyright of HYMACK Group Pty Ltd (ABN 13 642 891 192). You may only access, use and print the information and material on this website for non-commercial or personal use provided that you keep intact all copyright and proprietary notices. Any unauthorised reproduction is prohibited.

Governing law

AestheticsED is an Australian business owned by HYMACK Group Pty Ltd (ABN 13 642 891 192). Although information from this website may be accessible in other jurisdictions, we do not represent that we hold any authorisations or approvals required to provide our services in any or all jurisdictions where this website, and our material, is accessed.

STUDENT TERMS AND CONDITIONS

These terms and conditions (terms) govern AestheticsED and each student that has registered to undertake an AestheticsED training course (Course).

Please read the terms carefully. By accepting enrolment into one of our courses, you are taken to have accepted these terms and conditions and agree to be bound by them. These terms of use will continue to operate until terminated by AestheticsED.

Definitions

The following terms are used in these terms of service and means as follows:

Course means an online training course offered by or on behalf of AestheticsED and delivered via the Platform.

Course Fee means the fees charged by AestheticsED to register and participate in the Course, including to access and use the Platform.

Course Materials means all content and materials relating to Courses provided via the Platform.

Platform means the online learning management system accessible by students for the provision of Courses, including access to Course Materials.

Registration and your student account

To participate in a Course, you must successfully apply and establish an account with us.

Your registration is subject to acceptance by AestheticsED, such acceptance to be confirmed in writing after AestheticsED has received your fully completed registration and payment of required fees. We may in our absolute discretion and for any reason refuse to accept your registration.

When creating an account, you acknowledge and agree that:

1. all information provided by you is complete, true and correct;
2. you must keep your account information current and up to date;
3. you must keep your account information, including your username and password, secure at all times and you must notify AestheticsED immediately if you become aware of any actual or potential unauthorised access to your account;
4. you must not allow another person to access your account and the Course Materials;
5. by creating an account and enrolling in a Course, you warrant to AestheticsED that you are at least 18 years of age, or if you are under 18 you confirm that you have a parent or guardian’s permission to register for a Course; and
6. you must not create an account on behalf of someone else.

Registering in an AestheticsED Course

If you register in any course or other education / training program offered by AestheticsED, you must ensure that the details provided by you are accurate, current and complete. Personal information you provide to us is managed and subject to our privacy policy the terms to which you agree by using our services.

You must immediately update and inform us of any changes to your information. This will ensure we can communicate relevant changes to potential education or training providers.

Equipment

You are responsible for ensuring you have all necessary equipment and software to enable access to the Platform and Course Materials to complete a Course.

Certificate of completion

Upon your successful completion of a Course, and assuming all fees have been paid in full, AestheticsED will issue you with a certificate of completion.

Course Materials

You acknowledge and agree that all Course Materials represents the exclusive copyright of AestheticsED and/or our licensors. You must not copy, reproduce, vary, distribute or otherwise exploit the Course Materials without AestheticsED express prior written consent, or permit any third party to do so.

You are granted a non-exclusive and revocable licence to use the Course Materials for your own personal learning purposes and as necessary to undertake the Course. Your right to use and access the Course Materials is subject to your compliance with these terms of use including your obligation to pay the Course Fee.

Regarding Fees

You must pay the Course Fee to complete a Course and receive any certificate of completion applicable to your Course.

AestheticsED provides students with access to a direct debit service. Course fees are otherwise payable upfront in full.

If you elect to pay via the direct debit payment option, you will be bound by the relevant direct debit provider’s terms & conditions. Subject to the cooling-off right referred to below, if you cancel AestheticsED authority to debit your account, this will not have the effect of terminating your liability to pay Fees under these terms.

If you elect to pay via the direct debit payment option, your access to the Platform will be suspended if you fall two (2) payments in arrears. Access will then only be restored once you are current with all outstanding payments in line with the relevant direct debit provider's terms & conditions.

The Course is online and self-paced. The Course Fee is payable in full regardless of whether you complete the Course before all of your instalments of the Course Fee have been paid.

GST is applicable to any Fees charged by us to you. Unless expressed otherwise, all fees are deemed inclusive of GST. We will provide you with a tax invoice for any payments.

Cooling off

You have a three day cooling off period, commencing from the date of your enrolment, during which you may elect to cancel your enrolment and receive a full refund of any fees paid. You may cancel your enrolment during the three day cooling off period by written request to AestheticsED.

Your training kit will be dispatched at the completion of your cooling off period. You may elect to waive your cooling off period in order to have your training kit sent out immediately by advising AestheticsED in writing. Once your training kit has been dispatched, AestheticsED reserves the right to refuse any request for cancellation.

Subject to any rights you may have at law, including under the Australian Consumer law, no refunds are offered on the Course Fee.

Shipment of training kits

Shipment of training kits to Australian and New Zealand students is free. For all other countries, you will be advised of shipping costs prior to enrolment.

Stand alone purchase of training kits

Any request for a refund of monies paid for a Pro Starter Kit (not associated with enrolment into a Course) will incur a $50.00 handling fee.

Your conduct on our platform

To undertake the Course you may be granted access to the Platform.

Subject to your compliance with these terms, AestheticsED grants you a limited, non- exclusive and revocable licence to access and use the Platform, in accordance with these Terms of Service and solely for the purpose of undertaking the Course.

By accessing and participating in the Course you acknowledge and agree as follows:

• you must conduct yourself and interact with AestheticsED, our instructors and other students in a respectful and professional manner, and in particular not in a rude, offensive and/or harassing manner;
• you must not post any content that plagiarises another person’s content or infringes another person’s rights including another person’s intellectual property rights or rights to privacy; and
• you must not post any content that is illegal, offensive, indecent or objectionable.

AestheticsED may suspend your access to the Platform and/or otherwise remove any of your content on the Platform that we determine to be in breach of these terms.

Under no circumstances is AestheticsED liable or responsible for content contributed by a student on the Platform.

You must not plagiarise another person’s work. Without limiting our rights to suspend or cancel your enrolment, if AestheticsED reasonably believes that you have submitted plagiarised work, we may require you to re-complete and re-submit the relevant task.

Limitations of liability

1. Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may impose guarantees, warranties, conditions and obligations on AestheticsED (implied terms). If any implied terms apply, to the extent permitted by law AestheticsED’s liability and your sole remedy will be limited to the refund of any fee you paid to AestheticsED.
2. Subject to any implied terms, all guarantees, representations, conditions and warranties of any nature are expressly excluded.
3. Subject to any implied terms and to the maximum extent permitted by applicable law, AestheticsED, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) that you may incur or suffer arising out of or in connection with the Course.
4. AestheticsED is not a government accredited training provider and there is no guarantee that our courses are suitable for persons seeking continuous professional development points for any professional qualification.
5. You agree to fully indemnify and hold AestheticsED, its employees, agents, contractors and sub-contractors (Representatives) harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by AestheticsED and/or its Representatives arising out of or in connection with the Course, including but not limited to: (i) a breach of these terms; (ii) any damage to Platform; or (iii) the infringement of any intellectual property or other right of any third party.

Suspension and termination

AestheticsED may, without penalty or liability to you, suspend your access to the Platform and/or your enrolment in the Course if we believe you are in breach of these terms.

AestheticsED may terminate this agreement if you are in breach of these terms and you fail to remedy the breach within 5 days of being notified by AestheticsED of details of the breach. If a breach is incapable of remedy then AestheticsED may terminate this agreement with immediate effect by written notice to you.

Termination is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination, in particular your obligation to pay the Course Fee.

General

These terms are governed by and are to be construed in accordance with the laws in force in the State of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and waives any objection that it may have that proceedings have been brought in an inconvenient forum.

If any provision of these terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these terms and will not affect the validity or enforceability of the remaining provisions of these terms.

These terms are effective from January 2021. We reserve the right to update these terms, our policies at any time without notice and by posting changes on our website. You should ensure you are aware of our current terms by checking our website regularly. You will be subject to the terms and conditions of enrolment available on this website at the time of your enrolment in a Course with us.

If any of these terms is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.