1.1. These general terms and conditions apply to the management of events such as: open training courses; in-house events; seminars; training sessions; and workshops.
1.2. Eye Design Academy (EDA) offerings and services are governed exclusively by these general terms and conditions. Changes are valid only insofar as they are agreed in writing.
2.) Offering, contract signing, withdrawal:
2.1. The offerings of EDA are subject to confirmation and are non-binding. This applies also to the pricing. The subject of the contract is the agreed activity or other service and not a result.
2.2. The Participant may register or place an order in writing, by telephone, in person, or email with EDA. The declaration or order placement is binding as soon as the Participant pays a deposit amounting of at least $250.
2.3. It is possible to cancel a registration by means of an order in writing (by email). In the case of a cancellation order that is received:
- No later than four (4) weeks prior to the start of the event, the deposit will be refunded minus a $200 administration fee per deposit taken;
- Deposits will not be refunded for any cancellation during the 4 weeks prior to the training commencing date.
- Full payment for the course is due 14 days before commencing date of the course, via bank transfer, cash or credit card payment over the phone. Full payment at this stage is non-refundable. The date of receipt of the cancellation order is determinative in ascertaining compliance with the above deadlines. The designation of a suitable replacement Participant is possible.
2.4. Once the event has begun, cancellation is not possible and EDA will not refund the payment or reschedule the training under any circumstances.
2.5. EDA may without the consent of the Participant disclose parts of an order to third parties in the case of subcontracting if it has been ascertained that the subcontractors meet the Institute’s quality management requirements.
3.) Payment conditions:
3.1. Unless individual contractual terms have been agreed, the currently valid prices are those listed in the current published event programs. Amounts due are to be paid immediately upon receipt of the invoice without deductions into one of the listed bank accounts or in cash on the first day of the event if agreed with the Course Coordinator. Reference to the invoice number must be included with payment. EDA reserves the right to require cash payments and pre-payment from Participants at events as a prerequisite for participation. Payment of the full price must always be made prior to or on the first day of the event.
3.2. The price stated on invoices for an event includes the cost of attendance, examination fees, administration fees, and all costs for learning materials. Extras (if any) such as National Accreditation Certificate, meals, accommodation, and data storage media are billed separately.
3.3. Event participation cannot be divided among several Participants. A partial booking involving a price reduction is not possible.
4.) Event production:
4.1. Events are conducted according to the published program of events or as agreed separately with the Participants. EDA reserves the right, however, to make changes as long as they do not fundamentally alter the main objective of the event.
4.2. Participants have no right to demand that the event be led by a particular instructor or that it take place at a particular location. Participants may also not claim compensation for any days of the event on which they fail to attend.
4.3. EDA reserves the right to postpone or cancel an event for reasons which it has no control over, such as illness on the part of an instructor, bad weather conditions or not achieving the required minimum quantity of participation, etc. Registered Participants will be notified of any such cancellation via the email address they provided on registration and by making a phone call attempt. Participation fees that have already been paid for an event that is cancelled will be credited towards a future training session. Subject to the provisions of Section 6 below, EDA is not responsible for wasted expenses or other losses incurred by Participants on account of a training session that has been cancelled or rescheduled.
5.) Property rights, copyright, social media material and marketing:
5.1. The documents, software, and other media shown or issued to Participants for the purpose of the event are protected by copyrights. The reproduction, transmission, or other use of the materials handed out – even in part – is prohibited without the express written consent of EDA management.
5.2. USB flash drives and booklets that are purchased by Participants, as well as any related documentation, are intended for the personal use of the Participant, who is granted a simple, not transferable right of use. With the conclusion of the contract of sale or on delivery, the Participant agrees to the applicable licensing terms and conditions.
5.3. EDA staff members may take photos and video material of the training session and the Participant and use this material on social media and websites for marketing, training and educational purposes and the Participant will not seek compensation of any nature, especially monetary.
5.4. The Participant is allowed to take photos and video images during the training session and post on their social media with the appropriate referencing to @eyedesignacademy/ @eyedesignsydney/ @eyedesignprofessional (Instagram) or Eye Design Academy/ Eye Design Sydney/ Eye Design Professional (Facebook).
5.5. The Participant is not to use pictures and video images taken at EDA to damage EDA’s image or brand, and must not use these material to profit/commercial use.
5.6. You hereby acknowledge that (1) EDA will suffer irreparable harm if you breach your obligations under this Agreement; and (2) that only monetary damages will be inadequate to compensate the Company for such a breach. Therefore, if you breach any of such provisions, then EDA shall also be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce such provisions.
6.1. EDA liability is limited to: (a) In the event that, in providing the training/course to the Participant, EDA breach any of the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth) (“the Act”), and at our sole discretion, the supply of the training again or the cost of having the training supplied again; and (b) In any other circumstance, and to the fullest extent permitted by law, and at our sole discretion, the supply of the training again or the cost of having the training supplied again. You acknowledge and agree that, to the fullest extent permitted by law: (c) We will not be liable for, and you indemnify us against, any consequential loss or damage suffered by you or any other party as a direct or indirect result of us providing the training to you; and
(d) Nothing in these Terms and Conditions has the effect of contracting out of the Act.
6.2. If the Participant breaches any of these terms, the Participant indemnifies EDA against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against us or suffered by us arising from your breach of these Terms and Conditions.
6.3. EDA does not guarantee to the Participant a specific outcome or level of proficiency or knowledge upon completion of any of our courses, the Participant indemnifies EDA against all claims and liabilities regarding an unsatisfactory outcome upon completion of any of our courses.
6.4. EDA reserves the rights to grant a certificate to the Participant, and will only grant a certificate upon satisfactory completion of all tasks and assessments arranged for the Participant during the course and or after the course if further training is required.
6.5. EDA will not refund the cost of the course to the Participant if the Participant does not satisfactorily complete the course for any reason. 6.6. In the event that, the Participant suffers an injury due to inappropriate use of equipment or EDA installations, we will not be liable for, and you indemnify us against, any compensation claim and consequential loss or damage suffered by you or any other party.
7.) Data protection:
7.1. The Participant agrees that the personal data provided by her or him, as well as data relating to her or his training history, may be subject to automated processing and storing by the Institute and may be used for the authentication of her or his status as a Participant.
7.2. In the case of funding, personal data may furthermore be transmitted to funding institutions.
8.) Refunds, Cancellations & Rescheduling:
8.1. If after the initial deposit, the Participants wish to cancel, the initial deposit is partially refundable as per section 2.3 in this agreement form.
8.2. EDA reserves its right, in its sole discretion, to have Participants initial deposit refunded. This is on a case to case basis and, in special circumstances, it may be refunded.
8.3. Participants are able to reschedule an event’s booking date anytime up to two (2) weeks prior to the commencing date of the event that has been booked. You may incur additional charges if you wish to reschedule to an event session date that has a different price or does not include a discount offer.
8.4. If Participants become aware that are unable to attend the event, Participants must inform us by email and phone call to either cancel or reschedule the event booking in accordance with section 2.3 and section 8.3 in this agreement form, failure to provide adequate notice will result in your deposit/payments being forfeited.
8.5 – In the event that Participants are unable to attend the event and have complied with section 8.4, EDA reserves the right to reschedule Participants' event booking at its discretion and in accordance with EDA schedule/calendar.