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1. PAYMENT OF FEES
The payment or promise of any payment of any fee to the OrthoED Institute (“Company”) for any service or part thereof (including any extra paths such as but not limited to the “Postgraduate Diploma In Orthodontics”) is deemed to be a binding agreement that you will attend the course and adhere to all the conditions as set out below in clause 2, 3 and 4.1.1 Paid in Full
Any services purchased using the Payment in Full option must be fully paid, in advance, prior to receiving any learning material, content, bonus offers or the ability to attend face-to-face modules.
1.2 Payment Plans
Any services purchased using any payment plan option (inclusive of any payment option that is not considered a Payment in Full) must be set up using a Direct Debit. The purchaser agrees to submit all required information for Direct Debit authorisation through our payment facility.
Additional surcharges including, but not limited to bank charges, service fees, merchant fees or card surcharge fees may be passed onto the customer at the discretion of the Company.
Any unpaid or overdue fees will result in suspension or cessation of any services from the OrthoED Institute including but not limited to attendance at any course module, access to OrthoED or OrthoED related websites, attendance at any webinar, provision of treatment planning services, fabrication of indirect bonding trays or providing orthodontic supplies or ongoing patient support.
2. CANCELLATIONS & REFUNDS
2.1 Cancellations by the OrthoED Institute
In the event a course is cancelled by the Company, then customers who have paid for that course will be entitled to a refund of 100% of the amount they paid. For the purposes of this clause, a course is cancelled where a substitute or alternative is not offered.
For Face-to-Face courses, a substitute may include, but is not limited to, an online live streaming of the course.
For Face-to-Face courses, an alternative may include, but is not limited to, access to a pre-recorded video of the course with the option to attend the next available Face-to-Face module.
2.2 Cancellations by the Customer
In the event a customer voluntarily withdraws from the course and wishes to cancel their enrolment:
Paid in Full Customers
Customers who have paid in full for a course and:
– Cancel 150, or more, days prior to the commencement of their course will be provided 100% refund on fees they have paid.
– Cancel between 60 and 149 days prior to the commencement of their course will be provided 50% refund on fees they have paid.
– Cancel less than 60 days prior to the commencement of their course will not be entitled to a refund. They will receive a credit to use towards other services provided by the Company.
Customers must provide their intention to cancel or withdraw from the course via written notice to the Company.
Post Graduate Diploma
Payment in Full Customers enrolled in the Post Graduate Diploma who withdraw from their course will be entitled to the following refund:
– Customers who have completed four modules or less, will be entitled to a refund of 100% of the amount they paid, less $1,800
– Customers who have completed five modules or more, will be entitled to a refund of 100% of the amount they paid, less $3,600
Payment Plan Customers
Customers paying for their course in instalments using a payment plan option, will have their payment plan cancelled and not be entitled to any refund of prior fees paid. Customers must provide at least 35 days written notice
Payment Plan customers enrolled in the Post Graduate Diploma who withdraw from their course will not be entitled to a refund for any prior amounts paid.
The Company will not be responsible for any changes in the provision of any of its courses or service offerings that occur as a result of a pandemic(s), including but not limited to COVID-19. The Company may have to cancel or reschedule courses, due to:
– Enforceable Government Directions
– Flight restrictions
– Any other Federal, or State, government direction(s)
– Any situation that the company thinks may affect the health and safety of its members.
3. LIMITATION OF LIABILITY
You acknowledge and agree:
a: that we are not responsible for the learning outcomes of the education resources provided in the Course Materials and you acknowledge that the results of implementing the techniques set out in the Course Materials may vary from patient to patient and business to business;
b: that the Australian Competition and Consumer Act 2010 (Cth) as amended from time to time and other similar Australian State and Territory legislation may provide you with certain rights and remedies in respect of goods and services provided to you by us which cannot be excluded, restricted or modified (“statutory rights”). We do not exclude any such statutory rights, but exclude all other conditions and warranties specified or implied by custom, law or statue;
c: that to the fullest extent permitted by law:
i. all information and materials contained in the Materials is provided “as is” and without warranty of any kind, express or implied;
ii. all implied warranties as to merchantability and fitness for a particular use or purpose are excluded; and
iii. we make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information in the Materials;
d: that our liability for the breach of any warranty or condition which cannot by law be excluded will, at our option, be limited to the following:
a. in the case of services supplied by us:
i. the supply of the services again; or
ii: the payment of the cost of having the services supplied again; and
b.in the case of goods supplied by us:
i. the replacement of the goods or the supply of equivalent goods;
ii. the payment of the cost of replacing the goods or the supply of equivalent goods; or
iii. the payment of the cost of having the goods repaired;
e: that under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our employees, directors, officers or associated companies be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of the Materials or any part thereof.
a: This Agreement is personal to you, and may not be assigned, transferred, or notated by you to any other party. This Agreement may be assigned by us to another party upon written notice to you provided that the terms of the Agreement remain the same or substantially the same.
b: This Agreement is governed by the laws of the State of Victoria, Australia, and the parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.
c: In the event of the invalidity or any part or provision of this Agreement that invalidity shall not affect the enforceability of any other part or provision of this Agreement. The conditions and every part of the conditions contained in this Agreement shall be construed so as not to infringe the provisions of any legislative enactment (“Act”) whether State or Federal. If any condition on its true interpretation does infringe any Act or if any provision of this Agreement is invalid, that condition or part of the condition shall be read down to such extent as may be necessary to ensure that it does not infringe the Act so as to give it a: valid operation of a partial character. Should a condition to be read down pursuant to this clause not be capable of reading down it should be deemed to be void and severable from this Agreement.
b: This Agreement constitutes the entire agreement between the parties in regard to the Program and supersedes any prior representations, understandings or arrangements given or made by the parties whether orally or in writing.
c: This Agreement may not be altered or modified other than by a subsequent written agreement signed by the parties.
d: Nothing in this Agreement will be deemed to constitute a partnership or joint venture between the parties.
e: Any waiver of any provision or condition of this Agreement must be in writing and is effective only to the extent in such writing specifically set forth. A waiver by either party of a breach of the other party of any covenant obligation or provision in this Agreement contained or implied will not operate as a waiver of another or continuing breach of the same or of any other covenant obligation or provision in this Agreement contained or implied.
f: You acknowledge and agree that in addition to being subject to copyright, the Materials and all parts thereof constitute our trade secrets and confidential information and IP and you agree not to disclose any such information or Materials to any third party other than as expressly authorised in writing by us.
5. CASE SUPPORT
Twelve months complimentary case support (not including Video Case Support) is included with all purchases of the two-year Mini Master’s Program. Complimentary case support will expire on 30th June of the second year of the Customer’s course. For example, if the Customer commences their course in March 2022, they will receive complimentary case support until 30 June 2023.
To access further case support, customers must pay in advance of any support being received and have the follow payment options:
5.2 Warrant of the Customers
The Customer warrants to the Company that:
5.3 Indemnity Clause
The Customer indemnifies the Company, and any employee, officer, contractor, or agent of the Company and holds the Company and its Associates harmless from and against:
5.4 Limitation of Liability
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