Agreement
1. About the Seminar and Services
1.1. Isabella Loneragan Skin (‘Isabella Loneragan Skin’ ABN 61 626 522 021) (‘We’ or ‘Us’) trading as The Skinformé Academy, provides a seminar and workshop where we provide practical training and instruction in the facials and skincare as well as associated products.
1.2. The parties have agreed that Isabella Loneragan Skin will provide to the Customer (‘You’) the Services set out in the Schedule in accordance with the provisions of this Agreement.
2. Services and your obligations
2.1. The Services are provided by way of seminar, workshop or training as set up by us at our discretion and at times specified by us.
2.2. You agree when attending any seminar, workshop training or when or receiving any other Services, you agree to comply with the following:
(a) To register your details with us during attendance (this could include personal details or otherwise required by Isabella Loneragan Skin);
(b) That you will not use the Services in connection with any further commercial endeavours other than using the techniques that you learn at the seminar and workshop, and except those that are specifically endorsed or approved by the management of Isabella Loneragan Skin; and
(c) That you will not use the Services for any illegal and/or unauthorised use.
3. Payment
3.1. You must pay us the Fee for the Services as set out in this Agreement and the Schedule.
3.2. You acknowledge and agree that where a request for the payment of the Services is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services.
3.3. Payment of the Fee must be made to us in full 7 days prior to the delivery date of the Services.
3.4. If you request to defer your attendance for any reason, this will incur a $1,000 fee, which may be applied toward your remaining course balance. If your remaining balance is less than $1,000, the difference becomes payable. If the course is already paid in full, no fee applies for date changes.
3.5. We do not offer refunds of the Fee as a result of a change in your personal circumstances or due to external factors (including but not limited to inclement weather, or other natural disaster). We will only provide a refund if we cancel (this does not include rescheduling) a scheduled seminar, workshop, or training to provide the Services, or to the extent otherwise required by law.
3.6. In the event you cannot attend a scheduled seminar, workshop or training organised by us to provide the Services we agree that you can transfer your right to attend any seminar, workshop or training organised by us to provide the Services to a third party, provided any such third party agrees to sign an agreement in identical terms to this Agreement for the provision of the Services before attending the seminar, workshop or training as scheduled.
4. Copyright and Intellectual Property
4.1. The workshop, seminars, training methods, and all other Services provided, including all of the related products of Isabella Loneragan Skin are subject to copyright. The material made available to you is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the seminar materials, (including but not limited to text, graphics, logos, button icons, video images, audio clips) (‘Intellectual Property’) of the workshops, seminars, training methods and Services are owned or controlled for these purposes, and are reserved by Isabella Loneragan Skin or its contributors.
4.2. All Intellectual Property are owned, registered and/or licensed by Isabella Loneragan Skin, who grants to you (and solely you) a worldwide, non-exclusive, royalty-free, revocable license to use the Intellectual Property pursuant to this Agreement for:
(a) Your personal use.
(b) Your business use, but solely for you (and no other person). Thise license does not extend to you teaching any other person any technique or method taught as part of the Services, or them using the Intellectual Property for any purpose.; and
(c) Print or copy pages from any workshop materials for your own personal and non-commercial use.
4.3. Isabella Loneragan Skin does not grant you any other rights whatsoever in relation to the Services or Intellectual Property, including that you may not teach other persons any technique or method taught as part of the Services. All other rights are expressly reserved by Isabella Loneragan Skin.
4.4. Isabella Loneragan Skin retains all rights, title and interest in all Intellectual Property and all related Services. Nothing you do in using or applying the Services will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
4.5. You may not, without the prior written permission of Isabella Loneragan Skin and the permission of any other relevant rights owners: repurpose, conduct training, educate others, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose. Should you breach this restriction, you acknowledge that Isabella Loneragan Skin will be entitled to damages against you for this breach.
4.6. This clause survives termination of this Agreement.
5. Indemnity
5.1. You agree to indemnify Isabella Loneragan Skin, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of your use of the Services or Intellectual Property;
(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
(c) any breach of this Agreement.
6. Termination
6.1. This Agreement expires and comes to an end on completion of the supply the Services under this Agreement.
6.2. We may immediately terminate this Agreement by written notice if you:
(a) commit a serious breach of any of your obligations under this Agreement;
(b) seriously damage our reputation or the reputation of our business;
(c) commit an act of dishonesty, fraud, or are charged with a criminal offence or you wilfully neglect your obligations under this Agreement.
7. Governing Law
The Services offered by Isabella Loneragan Skin is intended to be viewed by residents of Australia. This Agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia.
8. Severance
If any part of this Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Agreement shall remain in force.
