THE CLYNE BUSINESS TRUST
TERMS AND CONDITIONS FOR HAIR BOSS UNIVERSITY™ ONLINE COURSE
Last updated on August 2020
Welcome to Hair Boss University™. Thank you for your interest in our online course.
In these terms, we also refer to Hair Boss University™ as “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you sign up for our online course through our website, being www.hairbossuniversity.co and any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these terms
When we say “Online Course” in these terms, we mean our online upstyling and bridal hairstyling program itself, any additional add-on modules (Modules) and any of the services provided during the Online Course, including access to our social media group, our video content and informational material (Services).
We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these terms
Before you enrol for our Online Course, or otherwise engage with the Online Course, please carefully read these terms. If you don't agree to these terms, please don't enrol in the Online Course. By clicking “accept” when you create an account, or otherwise proceed to engage with the Online Course, you agree to be bound by these terms.
- Enrolling for the Online Course
- To enrol into the Online Course, you will need to create an account (Account) and pay the Fees (as defined in clause 4(a)(i)).
- By creating an Account and paying the Fees or otherwise accessing the Online Course (Course Enrolment) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
- you are authorised to use the debit or credit card you provide for your Course Enrolment.
- In addition to the core materials, you may add additional Modules to the Online Course prior to checkout. We may provide promotional pricing for any Modules if enrolled into at the same time as the Online Course. Any promotional pricing will only be available at the time the Online Course is enrolled into.
- Enrolling in the Online Course constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Online Course (including Modules) you have ordered in exchange for your payment of the total Fees listed upon checkout.
- These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Course Enrolment has been accepted.
- OUR COURSE and Modules
- The Online Course is carefully designed to teach you upstyling and bridal hairstyling.
- We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website.
- Once we have received payment of the Fees you will be granted access to the Online Course. The Online Course is provided in a video format, to be viewed online through your Account and not downloaded.
- If you would like to enrol into a Module, this can be done through the Website and once we have received payment of the Fees for the Module, you will be granted access to the Module. Modules can be accessed through the same method used for the Online Course.
- You are responsible for managing your Account and ensuring that you only access and engage with the Online Course in an appropriate manner.
- (Upstyling and hairstyling disclaimer) The upstyles and hairstyles, and the associated methods and techniques required to achieve these upstyles and hairstyles, we teach in the Online Course have been developed by us, and the Online Course is designed to teach you to reproduce these upstyles and hairstyles. Every hairstylist however has their own skills, abilities and experiences. Many factors will be important in determining your actual results and there is no guarantee that you will be able to reproduce the upstyles and hairstyles we teach in the Online Course. We are not responsible for any of your actions and any methods and techniques implemented by you by are done so at your own risk.
- (Business disclaimer) We makes no representation or guarantee that any of our Services will be useful or relevant to you or that by applying any ideas, recommendations or techniques provided to by us will result in your business developing, growing or that your earnings will increase. Many factors will be important in determining your actual results and there is no guarantee that you will achieve results similar to any other person who has used any of our Services or that any results at all will be achieved. We are not responsible for any of your actions, and any ideas, recommendations or techniques implemented by you are done so at your own risk.
- Your account, Social Media group and licence
- Your Account will be valid for 24 months from the date of your Course Enrolment for the core materials of the Online Course (Course Term). Any Modules purchased after this date does not reset the Course Term.
- In addition to access to the Online Course, you will also be given access to our social media group. Your access to the social media group will be valid for 12 months from the date of your Course Enrolment. Any Modules purchased after this date does not reset your access to our social media group.
- You are granted a limited licence to use the Online Course for your own personal, non-commercial purposes during the Course Term.
- You must not give access to your Account to any other person.
- We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Online Course to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Courses, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
- All Fees are:
- as displayed and accepted by you at the time of checkout (Fees);
- in Australian Dollars; and
- subject to change without notice prior to your Course Enrolment.
- (Payment obligations) You may select to pay for the Fees either in full at the time of your Course Enrolment or over several instalments as set out on the Website. If you select to:
- pay in full, then you must pay for all of the Fees at the time of your Course Enrolment: or
- pay by instalments, then you agree to pay the Fees on the dates agreed to by you at the time of our Course Enrolment.
- (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
- (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees is made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for Online Courses. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
- (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Course Enrolment, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of enrolling in the Online Course at the correct Fees or cancelling your Course Enrolment. If you choose to cancel your Course Enrolment and the Fees have already been debited, the full amount will be credited back to your original method of payment.
- All Fees are:
- VOUCHERS and Discount Codes
- We may provide promotional offers and codes offering a discount on the Online Course (including Modules) (Voucher). To use a Voucher, you will need to enter its code at checkout.
- A Voucher may not be applied retrospectively. Vouchers are non-transferrable and cannot be redeemed for cash or credit. Additional terms or conditions may apply and these will be set out on the Voucher.
- INTELLECTUAL PROPERTY
- OUR IP
Intellectual Property Rights in the Online Course and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
You will not under these terms acquire Intellectual Property Rights in any of Our IP.
For the purposes of this clause 6:
- “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
- “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world, including copyright, trademarks, designs, patents or other proprietary rights, confidential information and the right to have information kept confidential, or any rights to registration of such rights whether created before or after the date of these terms, whether registered or unregistered.
Once we confirm your Course Enrolment, your Course Enrolment is binding and cannot be changed by you.
- Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund.
- Nothing in this clause 7 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
- PUBLISHING PHOTOS ONLINE / ON SOCIAL MEDIA
- Subject to your agreement of non-disparagement of us and the Online Course, you may publish photos of your work applying what you have learnt from the Online Course, online or on social media (or both), and we ask that you please provide accreditation to Hair Boss University by reference or hashtag. We reserve the right to require you to remove any posts that feature your work or remove any accreditation to us.
- If you provide photos to us of your work applying what you have learnt from the Online Course, or provide us with a testimonial of the Online Course, we may publish those photos or testimonials online, including on our Website or social media accounts, without any rights of accreditation to you. We may accredit you if appropriate information is provided.
- DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Online Course will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- LINKS TO OTHER WEBSITES
- The Online Course may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
- Inclusion of any linked website on the Online Course does not imply our approval or endorsement of the linked website.
- THIRD PARTY PLATFORM
- The Online Course is powered by a third party platform and the terms and conditions of that third party may apply to your use of the Online Course to the extent applicable to you. Those terms can be accessed
- To the maximum extent permitted under applicable law and our agreement with our third-party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Online Course or any issues experienced in Course Enrolment.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Course. You should take your own precautions to ensure that the process that you employ for accessing the Online Course does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Online Course by any person, any errors in the material in the Online Course or any difficulty in accessing or using the Online Course, please contact us immediately using the contact details or form provided on our Website.
- SERVICE LIMITATIONS
The Online Course is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
- the Online Course will be free from errors or defects;
- the Online Course will be accessible at all times;
- information you receive or supply through the Online Course will be secure or confidential; or
- any information provided through the Online Course is accurate or true.
- A notice or other communication to a party under these terms must be:
- in writing and in English; and
- delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party's Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
- A notice or other communication to a party under these terms must be:
whichever is earlier.
- To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Online Course (including any Module), the Website, the Services these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for the Online Course. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
- All express or implied representations and warranties in relation to the Online Course (including any Module), the Website, the Services these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
- Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
- (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
- breach of any of these terms;
- use of the Online Course (including any Module), the Website, the Services or any other goods or services provided by us; or
- use of any other goods or services provided by us.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Online Course (including any Module), the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- DISPUTE RESOLUTION
- A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
Your Account will terminate automatically at the end of the Course Term.
- TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these terms for convenience at any time by providing 7 days’ written notice to you.
Either party may immediately terminate these terms by written notice to the other party if:
- the other party is in default or breach of these terms;
- the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;
- the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
- the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
- your Account will be terminated, and you will no longer have access to the Online Course;
- your access to our social media group will be revoked;
- any Fees paid are non-refundable (except in accordance with clause 2) and any portion of the Fees remaining to be paid is immediately due and payable and recoverable as a debt owed by you to us; and
- you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
- GOVERNING LAW AND JURISDICTION
These terms are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
- ENTIRE AGREEMENT
These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word "includes" and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.