- Definitions
Terms & Conditions
- These are the Terms & Conditions to the Training Agreement referred to in that Agreement, and form part of that Agreement.
- By signing the Training Agreement, the Student agrees that these Terms and Conditions form part of the Training Agreement and is bound by the same as if such Terms and Agreement were included or attached to the same.
- These Terms may be modified, varied or amended from time to time without further Notice other than being displayed here and in such event the Student has agreed to such modifications, variations or amendments as if the same was originally included in the Training Agreement.
Trainer
XOBROW BY LEILA PTY LTD
Student
As set out in the Training Agreement
Class
The Training Class as agreed to be offered by the Trainer.
Intellectual Property Rights
Includes copyrights, trademark rights, patent rights, design rights, trade name rights, databank rights as well as domain names and knowhow and related rights.
2. Cancellation
2.1 Should for any reason the Trainer is not able to conduct a training class as planned, whether caused by failure of equipment or information technology, line drop out, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Trainer, in its sole discretion the Trainer reserves the right, (subject to any legislation or notice given by any relevant Authority), to cancel, terminate, modify or suspend the Class Provided notice is provided to students.
2.2 Where a Class cannot be held, it will be rescheduled, if deemed possible,with the Student being notified by telephone, text message, email or other form of electronic communication.
4. Severance
3.1 If any of these Terms and Conditions is determined to be unlawful, unenforceable or void, such term or condition or the part thereof, that is unenforceable will be severed and excluded from these Terms and Conditions.
3.2 Any failure to exercise any right under these Terms and Conditions does not constitute a waiver of that right or prevent the exercise of any other right.
4. Qualification of a Student
4.1 A Student cannot participate in our Class if:
(a) under the age of 18; and
(b) have not obtained Maintain Infection Control Certificate, which is required in order to perform microblading on live models.
4.2 The Trainer reserves the right to confirm a Student’s identity by identification documents such as driver’s license, Medicare, or passport.
4.3 Should the Trainer determine that a Student’s participation in the Class may not be suitable given the information provided, the Trainer has the right to refuse to offer the Class.
5. Consent
5.1 The Student agrees and consents to the following:
(a) being courteous at all given times during the Class to other students, staff members of the Trainer and models;
(b) partaking in tattooing the models provided by the Trainer and/or models provided by the Student;
(c) the items in the Full Kit provided by the Trainer are subject to change or be updated;
(d) in respect of any issues regarding the Class, the Student will consult with the staff members of the Trainer directly either during or after class; and
(e) have their photo taken and the work conducted during and/or after the Class by the Trainer and which may be used, from time to time, on the Trainer’s social media page.
6. Non-Provision of the Class
6.1 The Trainer may refuse to provide the Class at any time if, for reasons other than those set out in Condition 2, in its sole discretion decides to do so.
6.2 The Trainer, in its sole discretion and without having to provide a reason to the Student may refuse to allow a Student to participate in the Class.
7. Price and Payment
7.1 The cost of the Class is listed on the Trainer’s Brochure/Website.
7.2 Acceptance is made for the Class upon payment of the initial deposit for the quote provided by the Trainer.
7.3 The Trainer reserves its right to alter the Price of the Class in accordance with condition 1.1, prior to acceptance.
7.4 An initial deposit of $500.00 is required to be paid by the Student to confirm their place in the Class. The balance of the payment for the Class is due one week prior to the commencement of the Class.
7.5 Payment may be made by Cash, EFT or a PayRight payment plan
8. Start-Up Kit
8.1 A Start-Up Kit is provided to Students as part of the training.
8.2 The Trainer makes no warranty, express or implied, in respect of any item contained within the Kit.
8.3 No refund of any part of the training fee is repayable to the Student in the event that the Student is dissatisfied for any reason with either the Kit or any item contained therein.
8.4 The Trainer agrees to supply any item in the Kit that the Student wishes to have replaced, other than due to use or wear and tear, within three(3) months of the date of the Agreement, at cost price.
9. Refunds
Subject to exercising the cooling-off period, the initial deposit, once paid, is non-refundable.
9 Liability & Indemnity
9.1 The Trainer is not liable to the Student for any consequential loss or damage suffered by the Student as a direct or indirect result of providing the Class;
9.2 The Student indemnifies the Trainer against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be incurred or suffered as a result of any breach of these Terms and Conditions.
10. Warranties & Guarantee
10.1 Whilst every care is taken to ensure that the Class is provided to the highest possible standards, the Trainer make NO guarantee or warranty of the learning capabilities of any student.
10.2 No warranty or condition, whether express or implied, is made in relation to the Student obtaining or being able to obtain any work upon the completion of the training.
10.3 The Class is provided on an “as is” and “as available” basis with no express or implied warranty or condition as to merchantability, merchantable quality, or fitness for a particular purpose.
11. Copyright & Trademarks
11.1 All rights intellectual property rights are reserved by the Trainer.
11.2 The Trainer is the owner of and at all times, retain all intellectual property rights in the materials posted on its website and social media including (but not limited to) watermarked photos, pictures and videos. Unless otherwise expressly authorised by the Trainer, a Student may only use this site for personal use. A Student may not sell or otherwise commercially exploit any information available on this site.
11.3 If a Student submits material in connection with their use of any of the Trainer’s client’s social media, all intellectual property rights in such material is hereby assigned to the Trainer. A Student must not submit material to the Trainer’s social media in which a third party has any intellectual property rights.
