Terms & Conditions - TechED
This document sets out the terms and conditions which apply to participation in LSC’s courses. By submitting a Registration Form or otherwise participating in a Course, the Customer agrees that they have read, understood and will be bound by these Terms.
In these Terms, the words below have the following meanings:
Agreement has the meaning provided to it in clause 2.2.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Business Day means any day except a Saturday, Sunday or public holiday in Victoria.
Consequential Loss means:
(a) loss of reputation, loss of revenue, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and
(b) any special, indirect or consequential loss.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Course means the course set out or otherwise described in the Registration Form.
Course Materials means the equipment, books and manuals together with any other training or educational information or materials supplied to the Customer by LSC for the Student to use as part of the Course and to retain once the Course is completed.
Customer means the applicant named in the Registration Form, being the Student or a person for whom the Student works.
Due Date means any date by which payment of the Tuition Fees is required to be made by the Customer, as described in clause 3.1.
First Cut Off Date means the date which is 10 days before the scheduled commencement of the Course or such other date as notified by LSC to the Customer from time to time.
Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all renewals and extensions.
Learning Materials means the equipment, books and manuals together with any other training or educational information or materials supplied to the Customer by LSC for the Student to use as part of the Course and which are to be returned to LSC prior to the conclusion of the Course.
Lesson means a scheduled session during which the Course is taught to the Student and which is to be held at the Premises.
Lesson Fee means the amount determined by dividing the total Tuition Fees by the number of Lessons in the Course.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
LSC means Locksmiths Nominees Pty. Ltd. as trustee of the Locksmiths Supply Trust (ABN 73 809 492 283).
Offer has the meaning provided to it in clause 2.1.
Payment Facility means any credit card, bank card, bank account or other payment facility, details for which are provided by the Customer to LSC in connection with the payment of the Tuition Fees.
PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
Premises means the premises where, from time to time, the Lessons will be held as set out in the Registration Form or as otherwise notified by LSC to the Customer from time to time.
Registration Form means the registration or other form prescribed by LSC and submitted by the Customer to LSC for LSC to supply to the Customer the Tuition Services and Course Materials.
Second Cut Off Date means the date which is 5 days before the scheduled commencement of the Course or such other date as notified by LSC to the Customer from time to time.
Student means the individual set out in the Registration Form who will attend the Course.
Tuition Fees means the fees payable by the Customer for the Tuition Services and the Course Materials, as specified in the Registration Form.
Tuition Services means the services provided by LSC in respect of the participation by the Student in the Course.
Terms means these Terms and Conditions.
2 Formation of Agreement
2.1 The Customer acknowledges and agrees that by submitting the Registration Form the Customer has made an irrevocable offer to LSC for LSC to supply it with the Tuition Services and Course Materials on the terms of these Terms and the Registration Form (Offer).
2.2 An agreement will be formed between LSC and the Customer in respect of the Offer upon the earlier of LSC:
(a) notifying the Customer, either verbally or in writing, that it accepts the Customer’s Offer and/or has enrolled the Student in the relevant Course;
(b) accepting, in full or part, payment from the Customer for the Tuition Fees the subject of the Offer; or
(c) performing the Tuition Services or making delivery of the Course Materials the subject of the Offer,
2.3 The Agreement formed under clause 2.2 will comprise these Terms and the Registration Form.
2.4 LSC is not bound to accept any Offer and may not accept any Offer or decline to enrol a Student in a Course for any reason and in the sole discretion of LSC.
3 Tuition Fees and payment
3.1 Unless otherwise agreed in writing by LSC, the Tuition Fees must be paid to LSC in full by the Customer prior to the commencement of the first Lesson of the Course.
3.2 Without limiting LSC’s rights under clause 3.2, if the Customer fails to make any payment by the Due Date (including if any payment via a Payment Facility is declined), then, without prejudice to any other right or remedy available to LSC, LSC may, in its sole discretion:
(a) terminate the Agreement and cease providing the Tuition Services to the Customer; or
(b) suspend the Agreement and the provision of the Tuition Services to the Customer until such time as the relevant outstanding amount is paid in full, with such suspension effective immediately upon LSC providing the Customer with written notice of suspension and the Customer will continue to be liable for the payment of the Tuition Fees in respect of any Lessons held during the suspension notwithstanding the Student will not be entitled to attend those Lessons.
3.3 LSC may set off any amount it may owe the Customer under the Agreement (including any refund or credit) against any amount that the Customer owes, or LSC reasonably expects the Customer will owe, LSC under the Agreement or under any other agreement or arrangement with LSC.
4 Provision of Tuition Services and Course Materials
4.1 LSC will provide the Tuition Services and deliver the Course Materials to the Customer during Lessons and in the manner:
(a) determined by LSC (including any published schedule of Lessons); or
(b) as otherwise notified to the Customer by LSC.
4.2 If a Student does not attend any Lesson then, subject to clause 4.3, LSC may retain any Tuition Fees paid in respect of that Lesson and LSC will be entitled to treat the obligation to supply the Tuition Services in respect of that Lesson as having been satisfied.
4.3 If the Customer believes that the Student has been unable to attend any Lesson because of special or extenuating circumstances the Customer may apply in writing to LSC for a reduction in, or credit of, the Tuition Fees for an amount up to the Lesson Fee. Any reduction in, or credit of, the Tuition Fees, including the amount of any reduction or credit, will be at LSC’s sole and absolute discretion.
4.4 The Customer may retain any Course Materials provided to the Student but it must, prior to the conclusion of the Course, return any Learning Materials to LSC in the same condition as they were in at the time they were provided to the Student.
5.1 LSC acknowledges that if the Customer is a Consumer then the Customer may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods or Services supplied by LSC under the Agreement and nothing in these Terms or the Agreement should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
5.2 If the Customer is a Consumer and any goods or services supplied by LSC to the Customer are non PDH Goods or Services, LSC’s liability to the Customer in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at LSC’s discretion) to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
5.3 If the Customer makes a claim against LSC in connection with the Agreement (including in connection with the Tuition Services or Course Materials) which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, LSC expressly excludes all liability in respect of the goods or services supplied by LSC to the Customer under the Agreement.
6 Intellectual Property
6.1 The Customer acknowledges and agrees that as between the Customer and LSC, LSC owns all of the Intellectual Property Rights in the Course Materials, Learning Materials, materials created as part of the Tuition Services and any other Intellectual Property Rights owned by or licensed to LSC (LSC IP) and nothing in these Terms or the Agreement grants the Customer or Student any ownership of, or rights in respect of, any LSC IP.
6.2 The Customer agrees that it must not, and must ensure that the Student does not:
(a) infringe or use the Intellectual Property Rights of LSC or any other third party which exist in the Course Materials, Learning Materials or materials created as part of the Tuition Services for anything other than for the sole purpose of using the Course Materials and Learning Materials and participating in the Course; and
(b) use the Course Materials and Learning Materials for any purpose other than participating in the Course.
6.3 Except as expressly permitted under these Terms, the Customer must not, and must ensure that the Student does not, copy, reproduce, re-use, publish, communicate, sell, transfer, lease or commercially exploit the Course Materials or Learning Materials.
7 Acknowledgements and Warranties
7.1 If an Offer has been accepted by LSC, the Customer acknowledges that the Offer was accepted by LSC on the basis of, and in reliance upon, any information, representations, statements and documents provided by the Customer.
7.2 The Customer acknowledges that:
(a) the Course may be made up of a number of Lessons and that, subject to these Terms, the Student is required to attend all of the Lessons;
(b) the Student may not obtain the full benefit of the Course and the Tuition Services if they do not attend all of the Lessons.
7.3 The Customer represents and warrants to LSC that:
(a) the information set out in the Registration Form and otherwise submitted by the Customer to LSC is true and correct;
(b) it has not relied on any representations, inducements or statements made to it by LSC regarding the supply of Tuition Services or the Course Materials and it has satisfied itself that Tuition Services and the Course Materials are appropriate for the Student;
(c) it understands that LSC does not provide any warranties that participation in the Course will have any particular outcome, benefit or result for the Student;
(d) it has considered the Student's level of experience, skills, ability and suitability for the Course; and
(e) it has read and understood these Terms prior to making the Offer, and agrees to be bound by them in full.
8 Withdrawal of Student and termination by Customer
8.1 The Customer may withdraw the Student from the Course and terminate the Agreement at any time by written notice to LSC and, upon provision of such notice, any Tuition Fees for the Course not already paid immediately become due and payable.
8.2 If the Customer provides written notice to LSC under clause 8.1:
(a) prior to the First Cut Off Date, LSC will either (in its absolute discretion):
(i) refund to the Customer 100% of the Tuition Fees for the Course already paid by the Customer to LSC for the Course; or
(ii) credit 100% of the Tuition Fees for the Course already paid by the Customer for the Course towards payment of the fees for attendance at a future course of LSC; and
(b) prior to the Second Cut Off Date, LSC will either (in its absolute discretion):
(i) refund to the Customer 50% of the Tuition Fees for the Course (but to a maximum of any Tuition Fees already paid by the Customer to LSC for the Course); or
(ii) credit 100% of the Tuition Fees already paid by the Customer for the Course towards payment of the fees for attendance at a future course of LSC; and
(c) after the Second Cut Off Date, subject to clause 8.3, LSC may retain all of the Tuition Fees and Tuition Fees not already paid immediately become due and payable.
8.3 If the Customer wishes to withdraw the Student from the Course and terminate the Agreement after the Second Cut Off Date and believes there are special or extenuating circumstances the Customer may apply to LSC for relief and any grant of relief under this clause 8.3 will be at LSC’s sole and absolute discretion.
9.1 Without limiting LSC’s other rights under these Terms, LSC may terminate the Agreement with immediate effect by written notice to the Customer:
(a) at any time if LSC is prevented from providing the Tuition Services because of any event arising from, or attributable to, acts, events, omissions, accidents or circumstances beyond its control;
(b) if the Customer has breached any material term of the Agreement (including these Terms) which is not capable of remedy;
(c) if the Customer has breached a term of the Agreement (including these Terms) and, if the breach is capable of remedy, has not remedied the breach within 5 Business Days after being required to do so by written notice from LSC;
(d) if LSC is of the opinion that:
(i) the Student’s conduct or behaviour is unsatisfactory or detrimental to other students attending the course or the employees or contractors of LSC; or
(ii) the Student has broken any law or otherwise acted illegally; or
(e) in accordance with clause 3.3(a).
10 Effect of termination
Upon termination of the Agreement:
(a) subject to clause 8, LSC may retain all of the Tuition Fees and any Tuition Fees which have not yet been paid will immediately become due and payable;
(b) LSC is released from its obligations to provide the Tuition Services; and
(c) each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
If the Customer wishes to enrol the Student in other courses or lessons after the completion of the Course the Customer must complete an application for enrolment in that course or lessons by the date specified by LSC and in accordance with any other conditions specified by LSC.
12.1 In the event of an inconsistency between any of the documents listed in clause 2.3, the following order of precedence shall apply to the extent of the inconsistency:
(a) the Registration Form;
(b) these Terms; and
(c) without limiting clause 12.2, any terms which are accepted by LSC in writing.
12.2 These Terms shall prevail over any Customer terms and conditions, except to the extent specifically agreed by LSC in writing and any terms or conditions included in any document provided or issued by the Customer will only be binding on LSC if expressly agreed by LSC in writing.
13.1 LSC may cancel a Lesson where LSC believes (for any reason) that it will be unable to supply the Tuition Services during the Lesson.
13.2 If LSC cancels a Lesson under clause 13.1 and does not reschedule the Lesson it will refund to the Customer an amount equal to the Lesson Fee.
13.3 Subject to clause 5.1, the refund of any such amounts under clause 13.2 will be the Customer’s sole remedy against the Customer in respect of any Lesson cancellation pursuant to clause 13.1.
14.1 In these Terms:
(a) no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
(b) unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
14.2 A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future.
14.3 If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
14.4 These Terms and the accepted Agreement constitute the entire agreement between the Customer and LSC in respect of the supply of the Tuition Services and Course Materials the subject of the Agreement and supersede all previous communications, representations, understandings or agreements.
14.5 The parties acknowledge that LSC enters into this Agreement in its capacity as trustee of a trust and not in its own capacity.
14.6 These Terms are governed by the laws in force in Victoria, and the Customer and LSC submit to the non-exclusive jurisdiction of the courts of Victoria.
14.7 The provisions of clauses 1, 3.2, 3.4, 5, 6, 7, 8, 10, 11, 12 and 14 of these Terms survive the expiry or termination of the Agreement.