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1. PAYMENT OF FEES
The payment or promise of any payment of any fee to the OrthoED institute for the full mini masters orthodontic training programme 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.
Any course fees that are paid that require the balance to be paid monthly (for a maximum of 24months) and will require all direct debit authorisation forms to be signed and all necessary forms to be signed through Credabl Pty Ltd and all monthly payments to be paid to either OrthoED Pty Ltd or to Credabl Pty Ltd. There may be further set up fees and credit card transaction fees for the monthly payments.
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, attendance at any webinar, provision of treatment planning services, fabrication of indirect bonding trays or providing orthodontic supplies or ongoing patient support.
2. TRAINING COURSE CANCELLATION
If the full 2-year MiniMasters Training Course is cancelled, we will refund you 100% of your payment.
If you cancel the training course by providing written notice of 150 or more days prior to commencement of the Training Course, we will refund to you 100% your payment.
If you cancel by providing written notice 60 or more days prior to commencement of the Training Course, we will refund to you 50% cost of the Training Course fee that has been paid.
If you cancel by providing less than 60 days written notice, the cost of the Training Course will not be refundable however we will issue you a credit to attend another scheduled Training Course.
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.