Terms and Conditions
A – Overview
- The following terms and conditions apply to the supply of services by Sydney Speaking School Pty Limited (SSS) to the Purchaser (Terms and Conditions).
- These terms and conditions shall apply to all Bookings made by the Purchaser. The Purchaser by its payment of the Booking Fee is deemed to have accepted these Terms and Conditions in full. To the extent that the Purchaser supplies terms and conditions after the Booking Fee is paid, the Purchaser’s terms and conditions shall be of no legal effect and shall not constitute part of the agreement for the purchase and supply of the Services.
- SSS agrees to provide the Services in consideration for the Booking Fee.
- The term “Purchaser” refers to the contact person who made the booking for the Services, and is privy to these Terms and Conditions.
- The term “Child” refers to all children booked into the Services by the Purchaser.
- The Purchaser warrants that they are legally responsible for the Child, and are able to make legally binding guarantees under these Terms and Conditions for and on their behalf.
- The Purchaser authorises SSS and other members of the Australian Speaking Schools group to use any photographs of the Child taken whilst at the Venue for publicity, marketing, promotional and/or advertising purposes. The Purchaser must expressly tell SSS in writing if they do not authorise SSS to do this.
B – The Services
- The term “Services” refers to the course(s) booked by the Purchaser through this website.
- The phrase “Booking Fee” refers to the amount paid for the Services.
- The term “Venue” refers to the location where the Services are held.
- The Purchaser will pay for the Services by way of PayPal, credit card or direct deposit. The Purchaser will only pay in cash if approved in writing by SSS at its absolute discretion.
- The Purchaser provides permission for the Child to participate in the activities organised for the days on which the Child will be attending the Services.
- The Purchaser warrants that they will ensure that the Child is signed in when the Child arrives at the Venue, and that the Child is signed out when the Child leaves the Venue.
- The Purchaser acknowledges and understands that SSS has a zero tolerance policy for any form of bullying or engaging in behaviour that is disruptive or compromises the safety of others (Bullying). The Purchaser further acknowledges that any Child that engages in Bullying, intentionally or otherwise, will be treated in accordance with SSS’s Bullying Policy. SSS will provide a copy of the Bullying Policy upon reasonable request by the Purchaser.
- The Purchaser understands and accepts that if the Child demonstrates inappropriate behaviour (Bullying or otherwise), the Child may be excluded from the Services at SSS absolute discretion and the Purchaser will be responsible for ensuring that the Child is picked up from the Venue. The Purchaser further acknowledges that they will not be entitled to a refund or credit if a Child is excluded from the Services for inappropriate behaviour.
C – Cancellations
- The Purchaser acknowledges and agrees that SSS is entitled to cancel the Services at any time at its absolute discretion.
- If for whatever reason SSS does cancel the Services, SSS will attempt to contact the Purchaser by telephone and the Purchaser will be entitled to either reimbursement of the Booking Fee, or a credit of the Booking Fee to a future Service.
- In the event that the Child does not or is unable to attend the Services for whatever reason after payment of the Booking Fee, SSS at its absolute discretion may provide a refund of the Booking Fee or credit the Booking Fee to a future Service.
- To the fullest extent permitted by law, the Purchaser acknowledges that SSS is under no obligation to provide a refund of or credit for the Booking Fee if the Child does not or is unable to attend the Services for whatever reason.
D – Health and Safety
- The Purchaser authorises SSS, in the event of accident or illness, to obtain all necessary medical aid and treatment for the child and agrees to meet all reasonable expenses associated with the same treatment.
- The Purchaser acknowledges and agrees that the child will not attend the Services if suffering from an infectious or communicable disease as identified by the Department of Health.
- To the maximum extent permitted by law, the Purchaser acknowledges and agrees that neither SSS nor its officers, servants, agents, employees or contractors are responsible for any liability arising from personal injury, property damage, death or any other loss sustained by any Child or Purchaser as a result of of his or her participation in the Services.
- To the maximum extent permitted by law, the Purchaser agrees that no actions will be brought against SSS or its officers, servants, agents, employees or contractors in contract, tort or any other action for any personal injury, property damage, death or any other loss referred to in clause D3.
- Notwithstanding clause D3 and D4, and without limiting the provisions of part D of these Terms and Conditions, the Purchaser agrees that no officer, servant, agent, employee or contractor of SSS will have any separate or individual liability to the Purchaser.
E – Intellectual Property
- The phrase “Intellectual Property” includes but is not limited to to all knowledge imparted, tasks engaged in and documents provided in the course of providing the Services.
- Property, right and title in all Intellectual Property relating to the Services remains with Australian Speaking Schools Pty Limited. The Purchaser will be entitled to a non-exclusive, non-transferable licence to use the Intellectual Property for his or her personal use, and for the personal use of the Child.
- The Purchaser warrants that he or she will take all reasonable steps to prevent the dissemination or use of the Intellectual Property for any purpose other than that outlined in clause E2.
F – General
- The entire Agreement is comprised of these Terms and Conditions and any documents referred to herein. This Agreement supersedes all previous arrangements, correspondence, tenders, proposals, understandings and communications, whether written or oral.
- This Agreement will be governed and construed according to the laws of New South Wales.
- Any provision in these Terms and Condition which is or becomes invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable. In the event that a provision cannot be read down, it is otherwise capable of being severed to the extent of the invalidity, without affecting the remaining provisions of these Terms and Conditions.
- SSS is able to amend or vary these Terms and Conditions at any time without notice. These changes are not binding on any payment for the Goods prior to the changes being available on the SSS website.