Terms and Conditions

Student Agreement

These terms and conditions are subject to any and all rights you may have under Australian Consumer Law (ACL).  For more information about your consumer rights visit the Australian Competition and Consumer Commission website at www.accc.gov.au or view the Competition and Consumer Act and the ACL via www.austliiedu.au.
 

Terms and conditions of enrolment and course participation – Please read carefully.

1. Upon proceeding with your online enrolment you are offering to enrol in an Infant Massage Information Service IMIS course.  Your offer is subject to acceptance by IMIS and if accepted, you will be subject to the terms and conditions of this Agreement. 
2. By proceeding with an enrolment application, if you are accepted into an IMIS course(s) you agree to be bound by its terms and conditions and pay the course fee(s) for the course(s) you have selected under this Agreement.  Upon acceptance IMIS agrees to:
    
   1. Supply to you all the materials listed by IMIS for your course(s)
   2. Mark and report on your assignment submission
   3. Answer queries about your course(s) and 
   4. Meet the cost of all return postage to you for assignment submissions and certification.

3.  The course(s) fee(s) does not cover postage to IMIS, nor any materials that are not listed in the course(s) package you have selected.    Please note that you may be required to purchase additional equipment or materials, at your cost, as required for the course(s) you have selected.  Subject to successful completion of all assignments and examinations and the course(s) fee(s) being paid in full, IMIS will issue you with appropriate certification.
4. Course materials will be sent to you from IMIS as per the conditions outlined in your personalised payment plan, or after receiving full course(s) fee(s) payment.  IMIS reserves the right to withhold provision of course materials in the event that you fail to pay any part of the course(s) fee(s) as and when it becomes payable. If you are paying by installments you must:
   
   a. pay all such installments on or before the due date; and
   
   b. in the event that the installments are to be paid by way of direct debit to a credit card, ensure that you maintain sufficient funds in your account to meet the installment payments.

5. The course materials that IMIS provide to you shall become your property when paid for in full.  The content of the course materials, including copyright and all other such intellectual property rights contained therein, remain the property of IMIS. You may not reproduce any part of the course materials without the prior written consent of IMIS.
6. The maximum duration of your enrolment is 3 months from day one of a group training or from the date of enrolment processing for correspondence students. In the event that you do not complete the course(s) within the given timeframe, your course(s) will be immediately cancelled without refund.  Extensions may be granted, but are strictly subject to availability and IMIS retains the right to refuse an extension in its absolute discretion.  Additional fees will apply if an extension is granted.  Applications for extensions must be made within 4 months of acceptance of your enrolment.
7. If you fail for whatever reason to participate in or complete your course(s), there may be no refund or discount of fees.*
8. If during the term of your course(s) you wish to transfer courses, you may do so subject to the following conditions:
    
   1. Your installment payments are fully paid up to date and there are no other overdue monies owing to IMIS
   2. You pay an additional fee of $100 per transfer
   3. You pay the difference between your original course(s) fee(s) and your new course(s) fee(s)
   4. Any credit to your account may not be refunded but you may use such credit for further IMIS courses provided that such credit is used prior to the expiration of your course(s) in accordance with the provisions of clause 7 of this Agreement.*
   5. Your request to transfer courses must be received by IMIS not less than 28 days prior to commencement of the training you were originally booked into (for group training students)

9. Students are responsible for establishing their own eligibility for examinations and assessments and are responsible for making arrangements to attend all in class examinations.
10. If you are under 18 years of age, IMIS will process this Agreement and the enrolment application attached hereto but only if it has been signed by your parent or guardian. By signing this Agreement, the parent or guardian agrees to be bound by the terms contained herein as if it was the student and shall become legally responsible for all payments to IMIS with respect to your course(s).
11. Amounts remitted for enrolment applications are non-refundable.* Course fees received are transferable, to alternate trainings for a transfer fee of $100. This must be paid not less than 28 days prior to the course(s) taking place.
12. IMIS reserves the right at its sole and absolute discretion to remove any student from the course in the following circumstances:
     
    1. A student physically or verbally abuses an IMIS staff member or another IMIS student;
    2. A student engages in conduct that is reasonably likely to disturb other students and prevent them from receiving adequate training or inhibit the students’ ability to otherwise obtain maximum benefit from course instruction;
    3. A student exhibits anti-social behaviour contrary to that reasonably expected of a student in a teaching/learning environment.
    4. In circumstances where a student is removed from a course pursuant to this clause, the student may not be entitled to a refund of any fees paid.* 
    5. A student removed from a course may apply to IMIS to complete the course as an external student.  Continuation as an external student shall be at the sole and absolute discretion of IMIS and where such application is granted, additional fees may apply.

13. For group trainings IMIS reserves the right to alter training dates and locations at its absolute discretion.  Should this occur, all reasonable effort will be made to contact each student to advise of any changes prior to their course commencement date. All course fees are non-refundable notwithstanding that students may transfer to an alternate course if unable to attend the new location or attend on the new dates provided.*
14. All sums of money referred to in this Agreement are expressed in Australian Dollars. 
15. The student acknowledges that course material is the intellectual property of IMIS and the reproduction by any means (including recording of class presentations) of course material is strictly prohibited without the prior written consent of IMIS.
16. The student acknowledges and agrees that it has not relied upon or been induced by any representation by IMIS not set out in writing by IMIS.  Please be aware that on acceptance of your offer, you will have entered into a legally binding agreement with IMIS.  Should you not understand the legal or financial implications of this Agreement, IMIS suggests that you obtain independent legal or financial advice which will be at your cost.
17. All risks including loss and damage are assumed by the student and IMIS shall be under no liability for any injury, loss or damage of whatsoever kind and howsoever caused to the student or the student’s property except where such injury, loss or damage is a direct and sole consequence of IMIS’ negligent act or omission.
18. This Agreement constitutes the entire agreement between the student and IMIS and supersedes and negatives all previous agreements.
19. Each clause in this Agreement is severable from any other and if any clause or part thereof is found to be defective or unenforceable for any reason by any Court of competent jurisdiction, then the remaining clauses shall remain in full force and effect.
20. All notices given pursuant to this Agreement shall be deemed to have been received:
     
    1. if posted by prepaid post two (2) days after the date of posting;
    2. if delivered by hand, on the date of the delivery;
    3. if sent by facsimile transmission, on receipt by the sender of the Activity Report as to the successful transmission;
    4. if given by email, on the date that the email was transmitted.

21. This Agreement shall be governed by the laws of the State of New South Wales as in force from time to time and the parties hereto irrevocably submit to the exclusive jurisdiction of the Courts of that State.

*except as provided for under Australian Consumer Law.