International Dermal Institute (“We/Us”)
On line Workshop Booking Terms and Conditions
Set out below are the terms and conditions on which a training course can be booked (a “workshop”), listed on either of the following websites
-www.dermalogica.com.au, www.dermalinstitute.com.au, http://education.dermalogica.com.au or http://education.dermalinstitute.com.au for
any of our registered users (“You”). The International Dermal Institute is a division of Dermalogica Pty Ltd, with whom You are contracting.
Please read these terms and conditions carefully before booking any Workshops on any of the websites (the “Sites”).
You should understand that by booking any Workshop, you agree to be bound by these terms and conditions and should print a copy for future
reference.
There are two types of Workshop which you can book: an International Dermal Institute Workshop (for which a fee is payable) and a Dermalogica Workshop
(which is free of charge).
You should click on the button marked “Accept” in the section below these terms and conditions if you accept them.
If You do not accept these terms and conditions, You will not be able to book any Workshop from the Site.
- 1. Your Status By booking a Workshop through Our site, You agree that :-
- 1.1 You are legally capable of entering into binding contracts; and
- 1.2 You are at least 18 years old.
- 2. Formation of Contract
- 2.1 A booking placed by You constitutes an offer to Us to buy an International Dermal Institute Workshop or an offer to Us
to attend a Dermalogica Workshop. All bookings are subject to acceptance by Us.
- 2.2 International Dermal Institute: after booking an International Dermal Institute Workshop online, You will receive a call
from Us within 2 working days of making the booking where You will be requested to make payment for the Workshop.
Please note that this does not mean that a booking has been accepted.
- 2.3 Where payment is necessary we will only deduct it from your credit or debit card once we have accepted the booking.
- 2.4 We will confirm acceptance of the booking of a Workshop by sending You confirmation that the Workshop has been booked
(“Confirmation Letter”) and it is only at that point that the contract between Us and You (“Contract”) will be formed.
The Confirmation Letter will contain details of all Workshop(s) booked, timings and training centre address.
Details of how to reach the training centres are available on the International Dermal Institute website, the Dermalogica
website, http://education.dermalinstitute.com.au or http://education.dermalogica.com.au.
- 2.5 The Contract will relate only to Dermalogica Workshops whose bookings We have confirmed in the Confirmation Letter
and to International Dermal Institute Workshops which have been paid for in full by debit or credit card.
- 3. Price and Payment
- 3.1 International Dermal Institute Workshop prices are listed per student and include all tuition fees, use of equipment
and all course materials. The price of any Workshops will be as quoted on the Sites from time to time, except in cases
of obvious error. These prices, where applicable, include GST. Prices are liable to change at any time, but changes
will not affect any bookings We have accepted.
- 3.2 Payment for International Dermal Institute Workshops must be made in full prior to the course by credit or debit card.
We accept payment with AMEX, Mastercard & VISA. We will charge your credit or debit card at the time of the call we make
to you to take payment.
- 3.3 We will not be liable for any travel or other expenses incurred by You attending any Workshop.
Lunch is not provided unless otherwise specified in the Confirmation Letter.
Complimentary refreshments are available in each Training Centre.
- 4. Certification
- 4.1 Dermalogica: Certificates for Dermalogica Workshops are awarded to students upon successful completion of all aspects
of the Workshop. No certificate will be awarded if a student misses 30 minutes or more of a Workshop.
- 4.2 International Dermal Institute: Certificates for International Dermal Institute Workshops are awarded to students upon
successful completion of each Workshop. Due to the importance of all information covered in Workshop, You must be present
for the entire duration and pass the final exam (if there is one) in order to receive the certificate.
- 5. Cancellation
- 5.1 Workshops will be run on the dates specified online at the time of booking, unless they have to be cancelled for an
unforeseen reason, whereupon You will be informed as soon as practicable. We reserve the right to cancel Workshops,
but will endeavour to inform You as soon as possible in any such instance.
- 5.2 Dermalogica Workshops – if You are unable to attend a Dermalogica Workshop booked at any of our locations, please contact
Us as soon as possible to give another student from the waiting list the opportunity to take your place.
If We receive less than 2 days notice of non-attendance You will be invoiced a cancellation fee of $15 per student per
Theory Workshop or $30 per student per Practical Workshop.
- 5.3 International Dermal Institute Workshops – if You are unable to attend an International Dermal Institute Workshop booked
at any of our locations, please contact Us as soon as possible to give another student from the waiting list the opportunity
to take your place. If the cancellation is made:
- 5.3.1 Within 4 weeks or more of the start date of the Workshop, We will transfer the booking to a different date
or Workshop at no charge, or give a full refund if required;
- 5.3.2 Within less than 1 week’s notice prior to the start date of the Workshop, this will result in the booking being
cancelled and no refund of fees will be made. Any monies retained due to cancellation are not transferable as
credit towards other Workshops.
- 5.4 We reserve the right to refuse admission to a Workshop for any reason but unless there has been a misrepresentation
on your behalf regarding your qualifications or You have not made payment for the Workshop prior to the Workshop start date then
We will refund the monies paid by You for the Workshop.
- 5.5 By initially accepting a booking, We are under no obligation to supply the Workshop booked.
Save for as noted in this clause above or under the Consumer Rights clause below, no additions or changes may be made
to a booking once placed.
- 6. Consumer Rights
- 6.1 If You are contracting as a consumer, You may cancel a Contract at any time within seven working days,
beginning on the day after You paid for the Workshop. In this case, You will receive a full refund of the price paid
for the Workshop unless You have waived this right by attending a Workshop before the end of this seven day period.
- 6.2 To cancel a Contract, You must inform Us in writing.
- 6.3 This provision does not affect your statutory rights.
- 7. Our Liability
- 7.1 Subject to clause 7.2, We do not give any express warranty as to fitness for purpose or otherwise of the Workshops
and, in particular, We do not warrant that the Workshops will meet Your requirements.
- 7.2 Where conditions, warranties or other rights for Your benefit are implied or given in respect of a Contract by
the Trade Practices Act 1974 or other laws and it is not lawful or possible to exclude them, then such conditions,
warranties or other rights will only apply to a Contract to the to the extent required by law.
- 7.3 To the extent that We may limit Our liability for breach of implied conditions and warranties, Our liability for
any breach of any such condition or warranty will be limited to Our choice of:
- 7.3.1 the supplying of the Workshop again; or
- 7.3.2 the payment of the cost of having the Workshop supplied again.
- 7.4 Subject to this clause 7 and despite any implications arising from any other provisions in these terms and conditions,
Our total liability in contract, in tort (excluding negligence), under statute (to the extent permitted by law) or
otherwise for, or in respect of, any loss or damage arising out of any breach or other act or omission in connection
with a Workshop, together with any amounts payable under obligations of indemnity, restitution or other entitlements
that You may have to compensation, will not exceed the amount of fees paid by You to Us under the relevant Contract.
In no circumstances will we be liable for any loss of profits, revenues, business goodwill, or any indirect,
consequential or economic loss, however arising, in relation to or otherwise in connection with a Workshop,
or any act or omission by Us in relation to a Workshop.
- 8. Written Communications
Applicable laws require that some of the information or communications We send to You should be in writing.
When using our Site, You accept that communication with Us will be mainly electronic.
We will contact You by e-mail or provide You with information by posting notices on Our website.
For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts,
notices, information and other communications that We provide to You electronically comply with any legal requirement
that such communications be in writing. This condition does not affect Your statutory rights.
- 9. Notices
- 9.1 All notices given by You to Us must be given to Dermalogica Pty Ltd at 111 Chandos Street, Crows Nest, NSW 2065 OR enquiry@dermalinstitute.com.au. We may give notice to You at either the e-mail or postal address You
provide to Us when you registered to become a registered user with Us, or updated details as held within the Website on
‘My Details’. Notice will be deemed received and properly served immediately when posted on Our website, 24 hours after
an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will
be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 9.2 Confirmation Letters for International Dermal Institute and/or Dermalogica Workshops will be sent to the address provided
to Us by You via the Site.
- 10. Transfer of rights and obligations
- 10.1 The contract between You and Us is binding on You and Us and on our respective successors and assigns.
- 10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations
arising under it, without our prior written consent.
- 10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or
obligations arising under it, at any time during the term of the Contract.
- 11. Events outside our control
- 11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations
under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
- 11.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues,
and We will have an extension of time for performance for the duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract
may be performed despite the Force Majeure Event.
- 12. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms,
conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 13. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation
to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral
or in writing.
- 14. General
- 14.1 The information and materials contained in these pages - and the terms, conditions, and descriptions that appear -
are subject to change by Us. Not all Workshops are available in all geographic areas. Your eligibility for particular Workshops
is subject to final determination and acceptance by Us.
- 14.2 Any and all disputes arising between You and Us will be subject to the non-exclusive jurisdiction of the New South
Wales courts and the Contract shall be governed by Australian law.
- 14.3 You must also adhere to the Terms of Website Use governing the use of our Site, and our Privacy Policy which are
deemed to be incorporated in these terms and conditions.