DEFINITIONS:
a) ACL – Australian Consumer Law.
b) Attendee – The person engaging the services of the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS under the Enrolment.
c) Enrolment – The enrolment by the Attendee into a course provided by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS.
d) AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS – means Australian Institute of Medical Aesthetics Pty. Ltd. ABN 14 660 773 188 CAN 660 773 188 Intellectual Property – All forms of intellectual property rights throughout the world including but not limited to present and future copyright, registered and unregistered trademarks, patent, design, rights, trade mark, any other intellectual or industrial property rights, discovery, invention, secret process or improvement in the procedure of any kind whether arising from statute, under common law or in equity and confidential information including know-howand trade secrets, including Moral Rights as defined in the Copyright Act 1968 (Cth) and includes rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world over any document or works.
f) Services – The services AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS provides through its courses, including content, tools, printed and digital material, teachings, and creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, executable files or graphics and any other documents which may be generated, provided, or otherwise made accessible on or through the services provided by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS.
OBLIGATIONS OF THE ATTENDEE
1. All information provided to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS by the Attendee must be accurate and correct to the best of the Attendee’s knowledge.
2. Not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights.
3. The Attendee will do all things required to allow the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS to fulfill its obligations under this agreement and provide the services without hindrance, delay or impediment from the Attendee.
4. The Attendee acknowledges and accepts that a failure to comply with these obligations may result in delays or difficulties in providing the Services and other issues. Any additional costs will be passed on to the Attendee by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS and any delays or difficulties will be accepted by the Attendee, without objection.
5. The Attendee undertakes to comply with any reasonable directions given by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, to allow the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS to fulfill the tasks and obligations required for the Services.
6. The Attendee will not hinder the ability of AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS to engage with the Attendee’s own Attendees and associates for the provision of further, private or one on one services which AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS may provide to that Attendee or associate in future in the furtherance of AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS’ business. For the avoidance of doubt, the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS is not restrained in any way from contacting persons introduced to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS by the Attendee.
DATA SECURITY
1. The Attendee MUST NOT make any replication, copy, or take any image of the documents, data information or otherwise deal with any intellectual property provided by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS as part of the Services.
2. Must not Share any reports, advice, or other information provided by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS as a result of or part of the Services.
3. Must not Operate any business in direct competition with AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS with the use of any materials or knowledge provided by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS under this agreement, or at any time.
4. Must not Disseminate, or allow others to disseminate, any intellectual property of AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS provided to the Attendee through the provision of the Services.
5. Must not share login information or passwords with a third party. A breach in data security of this type will result in the termination of the attendee from the course.
REPRESENTATIONS
1. Any representation or advice not contained in writing within these terms and conditions or in the Enrolment does not form part of the agreement between the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS and the Attendee and is expressly excluded from the agreement between the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS and the Attendee.
2. The scope of the Services and any advice provided by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS is at its discretion and it may vary the Services and advice from time to time.
3. AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS provides the Services to the Attendee in good faith and in reliance on the representations made by the Attendee.
4. The Attendee indemnifies and releases AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS from any loss or damage arising from any misrepresentations by the Attendee to AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS.
MODELS-ATTENDEES NO GUARANTEE
1. The model attendee and/or attendee enrolled in the course acknowledges and agrees that the Services provided by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS do not guarantee any particular result.
2. The Services of the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS may differ from time to time and the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS cannot warrant a particular effect, outcome or result from the provision of the Services.
3. The model attendee and/or attendee enrolled in the course holds the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS harmless in relation to any dissatisfaction with any expected outcomes of the Services, which may be the subject of numerous other factors external to the Services which are not within AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS’ control.
4. Under no circumstances will the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS be liable for any loss, damage or injury, including consequential, indirect, or special loss, of any kind whatsoever suffered by the model attendee and/or attendee enrolled in the course, it’s servants, agents, and contractors and the model attendee and/or attendee enrolled in the course acknowledges this express limitation of liability and agrees to limit any claim accordingly.
5. The model attendee and/or attendee enrolled in the course acknowledges and agrees that the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS’ liability is limited to the amount equivalent to the cost of the Services supplied by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS for the Services provided in any one transaction.
INDEMNITY
1. The Attendee indemnifies AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS for any loss or damage suffered by any act or omission of the Attendee which may result in any loss or damage, including to AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS’ directors, officers, employees, suppliers, contractors, agents or associates.
2. The Attendee indemnifies the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS for any injury or loss caused to any of its directors, officers, employees, suppliers, contractors, agents, or associates unless the such injury was caused by the negligence of that person.
3. The Attendee at all times indemnifies, holds harmless, and defends AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, its officers, and employees from and against any loss (including legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising directly from any claim, suit, demand, action or proceeding by any person against any of those indemnified where such loss or liability was as a direct result of a wrongful, unlawful or negligent act or omission of AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS its employees, agents or sub-contractors in connection with these terms.
4. The Attendee confirms that it is appropriately insured for any venues, places, and works where the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS is required to provide services and will produce evidence of such insurance upon request from the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS.
SERVICE LOCATION
1. The Attendee acknowledges that at times the Services of the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS will be provided at a particular location that is not managed or maintained by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, including the use of equipment and parking at that location.
2. The Attendee acknowledges that the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS has no control over the location, or its equipment, and is not responsible or liable for the obligations of the location and any problems which may arise.
3. The Attendee holds harmless, releases, and indemnifies AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS from any and all loss, damage, or injury which may occur to the Attendee, its directors, officers, employees, suppliers, contractors, agents, associates, and its own Attendees at any location which is not managed by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS.
PAYMENT
The fees payable to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS:
1. Must be paid in full at the time of enrollment
2. Afterpay may be used by the attendee when enrolling to pay for the course in full
REFUND & CANCELLATION
Cancellation by the Attendee will incur fees as follows:
1. Any failure to attend a course by an Attendee without prior notice to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, does not entitle the Attendee to any refund.
2. Any amounts due and payable under these terms will incur interest at a rate equivalent to the interest rate fixed under Section 2 of the Penalty Interest Rates Act 1983, if not paid within 24 hours of that amount becoming payable.
3. Payment terms may be varied by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS from time to time, in writing.
4. AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS reserves the right to specific payment and cancellation terms for the Enrolment in special courses or services provided from time to time, including but not limited to coaching and cadaver courses, to which no refunds will be given, and fees (paid or unpaid) will be forfeited in full upon cancellation at any time by the Attendee.
REFUND POLICY
We have a strict no-refund policy, except in cases of valid medical reasons. To qualify for a refund, you must provide proper proof and documentation of your medical condition.
Important Conditions:
1. No refunds will be given once access to our online study materials (portal access) has been shared with you.
2. In cases of medical emergencies, a refund may be considered, but an administrative fee of $500 will be deducted.
3. Please understand that by blocking a seat, we invest resources and incur costs. If you don't attend, the seat remains vacant and can't be filled by another candidate.
NO EXCEPTIONS
1. There are no exceptions to this policy.
2. We cannot offer refunds for any other reason than a valid medical emergency.
By enrolling in our course, you acknowledge that you have read, understood, and agreed to our refund policy and its terms.
INTELLECTUAL PROPERTY RIGHTS
1. The Attendee acknowledges and agrees that the rights to any Intellectual Property used to provide the Services is the property of the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS only and remain the sole property of the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS.
2. The Attendee understands and agrees that all the Intellectual Property, tools, data, images, platforms, digital media and information or any other tangible and intangible property and data provided by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, its directors, officers, employees, suppliers, contractors, agents or associates as part of the Services remains the property of AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS and at no time does the title or any interest to these items transfer to the Attendee.
3. The Attendee undertakes that all Intellectual Property made available to the Attendee, its directors, officers, employees, suppliers, contractors, agents, associates, and its own Attendees will be kept confidential and will not be disseminated or distributed in any way without the express consent of AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS and only in accordance with any requirements and conditions required by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, at its discretion.
4. The Attendee undertakes to ensure that the Attendee, its directors, officers, employees, suppliers, contractors, agents, associates, and any of its own Attendees will not take any photographs, copies, video recordings, or make any other copy whatsoever of the material and information provided for the Services for the purpose of providing those copies to any third party.
5. The reproduction of any Intellectual Property that is part of the Service is prohibited and the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS may require the Attendee to provide evidence of compliance with this term from time to time.
6. The Attendee indemnifies the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS in relation to any loss of ownership, claim, change in possession, or otherwise caused by a breach of this term by the Attendee.
ATTENDEE CONTENT
For content uploaded by the Attendee, or given to AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, for use of the Service, the Attendee retains ownership, and grants AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for the use of any such content:
1. That is not personal information or confidential information, for any purpose.
2. That is personal information or confidential information, for the purpose of providing the Service.
3. The Attendee grants to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS an unlimited non-exclusive license to use any trademarks, logos, or other branding images owned or controlled by the Attendee for marketing and promotional purposes.
4. The Attendee irrevocably releases the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS in relation to any claim which may arise in relation to the use of such data referred to in this clause.
PRIVACY
1. AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS will take all reasonable steps to ensure adequate security of the private information of the Attendee or provided by the Attendee.
2. The Attendee acknowledges that notwithstanding any and all efforts by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, its employees, contractors, or associates, no data transmission over the Internet or wireless network can be guaranteed.
3. The Attendee acknowledges that security and privacy limitations exist which are beyond reasonable control and the security, integrity, and privacy of any and all information and data exchanged between the Attendee and may be at risk of being accessed or tampered with in transit by a third party.
4. The Attendee irrevocably releases the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS in relation to any claim which may arise in relation to any unauthorized access, use, loss, replication, or any other dealing of any kind which arises under any situation applicable to this clause.
LOSS OR DAMAGE FROM THE PROVISION OF SERVICES
1. AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS undertakes to use all reasonable care in the provision of the Services to the Attendee. However, the Attendee acknowledges that the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS does not warrant that the Services are fit for any particular purpose other than as a guide to assist the Attendee as an education tool.
2. The Attendee hereby releases AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS from all indirect or consequential loss or damage which the Attendee may suffer as a result of any of the Services or otherwise may be reasonably considered as being too remote, in AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS’ sole discretion.
TERMINATION
AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS has the right to terminate its agreement with the Attendee in the event of any breach of the terms herein in AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS’ sole discretion, acting reasonably. For the purpose of subparagraph a), this may include but is not limited to:
1. Failure to make prompt payment by the Attendee.
2. The Attendee breaching any of these terms.
3. The Attendee causing any form of loss or damage to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS
4. The Attendee providing to the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS any false or misleading information.
5. In the event of termination by the AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS, in accordance with this clause, the Attendee will not be entitled to any partial or full refund of any kind.
FORCE MAJEURE
1. If, as a result of some fact, circumstance, matter, or thing beyond the reasonable control of a party (“Force Majeure”), that party becomes unable, wholly or in part, to perform any of its obligations under these terms:
2. The party is to give the other party prompt notice of the relevant event of Force Majeure with reasonable particulars and, in so far as known to it, the probable extent to which it will be unable to perform, or be delayed in performing, the relevant obligations
3. The relevant obligation(s), other than an obligation to pay money, is suspended but only so far as, and for so long as, it is affected by the relevant event of Force Majeure
4. The party is to use all possible diligence to overcome or remove the relevant event of force majeure as quickly as possible where possible.
5. The obligation of the affected party to perform its obligations, resumes as soon as it is no longer affected by the relevant event of Force Majeure.
GENERAL
1. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable.
2. If that provision cannot be read down, then it is capable of being severed to the extent of invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
3. These terms and conditions are governed by the laws of the State of Victoria and the jurisdiction thereof.
4. All terms and conditions are subject to the Australian Consumer Law, and the Attendee’s rights as a consumer under that law are not affected by anything contained in this Agreement.
5. These terms may only be varied by AUSTRALIAN INSTITUTE OF MEDICAL AESTHETICS from time to time, at its discretion.
