Terms

Fifth Draft – 1 April 2021

The Online Makeup School Terms and Conditions

The Online Makeup School is owned by Farrell Media Pty Ltd (ACN 611787850) (referred to as we/us/our). We operate and manage the https://www.theonlinemakeupschool.com/ website.

Please read all of the important information below. If you do not agree to any of these terms and conditions, please do not continue to use this website.

APPLICATION

                  

  • Definitions

In these terms and conditions:

  1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  2. Course(s) means the makeup courses available on this website.
  3. Customer or You/Your means a natural person, sole trader, partnership, company, trust, institution or government body, its related entities and affiliates or assignees that purchases Courses from us.  
  4. Terms means these terms and conditions.
  5. Website means the website located at https://www.theonlinemakeupschool.com/
  • Application of these terms and conditions
    1. These Terms apply in relation to any Course we sell you.
    2. You accept these Terms by placing an order with us.
  • Application of the Australian Consumer Law
    1. By drawing on our industry experience, we have developed our Courses with quality, relevance and cost in mind. We have developed them in a way that the principles and concepts presented will be understood easily.
    2. If you are a consumer under the Australian Consumer Law, the Australian Consumer Law applies to the extent that it is inconsistent with these Terms.
    3. If there is a minor problem with our Courses (as defined in the Australian Consumer Law), we will fix it.
    4. If there is a major problem with our Courses (as defined in the Australian Consumer Law), a refund will be available.

 

  • Purchasing Courses from this website
    1. You may purchase Courses from us by submitting an order through our Website (referred to as order).
    2. The following Courses are available through our Website: 
      1. Become Your Own Pro Makeup Artist;
      2. Beautiful Bridal Makeup Made Easy;
      3. Jumpstart Your Pro Makeup Career;
      4. Understand Colour & Make It Work For You.
  1. Each Course is delivered by an experienced and qualified makeup artist.
  2. Any order placed through our Website is an offer by you to purchase each particular Course in accordance with these Terms and we reserve the right to accept or reject an order you make using our Website for any reason.
  3. We may cancel your order at any time and for whatever reason. If we do so, we will notify you via email about this change and we will give you a full refund of any monies that you have paid for the unfulfilled order.
  4. Refunds will be made in the form of the original payment.
  • Availability of Courses
    1. You acknowledge and agree that from time to time, some Courses on the Website may not be available and we may not be able to fulfil all or part of your order. If this occurs, we will contact you within a reasonable time to arrange a full refund or change your order to replace or exchange the Course with a comparable Course in a similar price range (where available) as agreed with you or come to an alternative arrangement.
  1. Your obligations
    1. You cannot share the login details of the Course with any third-party.
    2. You will be responsible for purchasing any materials and equipment that are needed for the completion of the Course.
    3. You cannot transfer the Course to any third-party.
    4. You agree not to copy, download, record or stream any of the Courses that are made available to you. You can stream the Courses on your own device only.
    5. If you are under the age of 18, it is your responsibility to seek approval from your parent(s) or legal guardian before joining our Courses. We may , at our own discretion, ask you to furnish us with your parent’s or guardian’s permission letter.
    6. Academic honesty is a cornerstone of our Courses. You must complete all assignments honestly and submit their own independent work for assessment without engaging in plagiarism.
    7. You are responsible for ensuring that you have access to required hardware, software and an Internet connection.
    8. You are responsible for maintaining the security of your usernames, passwords and personally identifiable information.

 

  1. Course progression
    1. For some of our Courses, you will not have access to all the Course materials as soon as you purchase a Course. Course materials would be made available to you as you progress through our Courses and submit the assignments by the stipulated deadline. For the remaining Courses, you will have access to all the Course materials as soon as you purchase a Course.
    2. If you have opted for a payment plan and fail to honour the plan, we reserve the right to withhold the Course materials until payment has been made.
    3. It is a condition of graduation that you have completed all the assignments and paid the full fees.
  • Facebook page
    1. When you purchase one of our Courses, you will be invited to join our private Facebook page where you will be able to communicate with other participants and tutors.
    2. The Facebook page is for official and professional use and not personal use.
    3. On the Facebook page, you must communicate with other participants with respect and courtesy.
    4. Bullying and harassment will not be tolerated. If you harass or bully other participants, then your access to the Course and Facebook page will be immediately terminated.
    5. If you upload any material or content on our Facebook page, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content. Having said that, we do not claim ownership of intellectual property rights with respect to user content.
    6. You must not act unlawfully (such as intellectual property rights) when using the Facebook page.
    7. You must not make comments and/or post material which is defamatory, sexist, racist, offensive, hateful, threatening or unlawful.
    8. You must be clear that the views expressed on the Facebook page are your personal views and not our views.
  • Zoom calls
    1. When you enrol in some of the Courses with us, you will be assigned a tutor.
    2. All our tutors are experienced makeup artists, and they can answer any questions you have about the Courses.
    3. You will be able to speak with the tutor on a one-to-one basis via Zoom. The number of Zoom sessions available to you will depend on the Course you have enrolled in.
    4. You will also have the ability to purchase additional Zoom sessions with your tutor. Please contact us regarding the pricing for additional Zoom sessions.
    1. Price and GST
    1. Unless otherwise stated, the quoted prices for the Courses are in US dollars.
    2. You agree to pay the stated price and any applicable charges and taxes including GST in US Dollars for all orders.
    3. We reserve the right to change the prices of our Courses at any time without notice, however the price displayed at the time you place your order will continue to apply to you even if the price changes before your order is accepted by us.
  1. Pricing Errors
    1. We reserve the right to amend any pricing errors displayed due to human error, computer malfunction or other reason.
  2. Payment terms
    1. We accept payment by credit card (including Visa, Mastercard, AMEX and JCB Payments), PayPal and gift packages purchased from this Website.
    2. We reserve the right to change our mode of payment at any time.
    3. To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud.
    4. We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.
    5. If your payment is not received in full or declined by your bank or credit card issuer, we cannot hold Courses against your order.
  3. Conversion rates for international orders
    1. You acknowledge that the conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee and you need to contact your bank or credit provider for details.
    2. If, in any part of this Website, there is an estimate of the price of an item in your home currency, these converted prices are for information purposes only, to help you get an idea of the approximate cost of a Course. However, they may not be the exact amounts that will appear on your credit card statement and the final charge to your card is made in US Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason, we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

 

 

  1. Gift Packages
    1. You are able to purchase Gift Packages for your loved ones on our Website.
    2. Gift Packages are in US dollars, valid for 12 months from the date of purchase and can only be used to make purchases on this Website.
    3. One Gift Package may be used per transaction, and they are non-refundable and cannot be redeemed for cash.
    4. Promotional codes cannot be combined with or applied to a Gift Package.
    5. You agree that we are not responsible if a Gift Package you buy from this Website is lost, stolen or used without permission.
  2. Details you provide us
    1. It is your responsibility to ensure that the information you provide, including your name, postal address, contact numbers, email address and orders are correct. Please check any details carefully before submitting an order to us.
    2. You acknowledge and agree that we are not responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including, but not limited to, your name, contact address, contact phone numbers or email addresses.
  • Refunds
    1. We provide a 30-day money-back guarantee. If you are unhappy with our Courses, you claim a full 100% refund during your first 30 days. You can send an email to [email protected] from your registered email address and request a refund.
    2. You will not be able to claim a refund if it has been more than 30 days since your first payment.
    3. Refunds are available to new Customers only. If you have done a Course with us previously, you will not be eligible for a refund.
    4. Please note that any refunds will be minus the cost of the makeup kit unless there are obvious defects with the kit or you have not received the kit at all.
  • Limitation of liability
    1. Our Courses are designed to help you enhance your existing makeup skills or learn how to do makeup. We do not provide any job guarantee or job seeking assistance.
    2. We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to this Terms, even if advised of the possibility of such damages.
    3. To the fullest extent permitted by law, and notwithstanding any other provisions of this Agreement, our aggregate liability under or in connection with these Terms, however arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Courses giving rise to the liability.
  • Disclaimer regarding products
    1. Throughout our Courses, we may recommend products to you. Any recommendation or advice given through our Courses is general in nature. It is your responsibility to conduct your own due diligence before purchasing any products.
    2. We will not be liable to you for any special, indirect, consequential or punitive damages, including but not limited to loss of profits, loss of business opportunities, or loss of goodwill, arising out of or related to the products.
    3. We do not receive any commissions or benefits if you purchase the products that we recommend in our Courses.
  • Your use of this website
    1. You are provided with access to this Website for your personal use only. You may not, without our written permission, on sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website.
    2. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software and we take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.
  • Promotions
    1. From time to time, we may offer special discounts and promotions. These can be applied to your order by using a promotional code. In order to benefit from these promotions, you need to type in the promotional code we have allocated in the space provided at the online checkout. The value of the promotion will be automatically applied to your order.
    2. One promotional code may be used per transaction.
    3. Other than as required by the Australian Consumer Law (for example if they are not of merchantable quality, not fit for their purpose or do not match the examples on this Website), we do not provide full refunds on promotional items.
  • Email list
  1. The email addresses we collect are only used internally for advanced notice of sales and new Courses and communicating with you about any changes to our operations and any updates to your existing Courses.
  2. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
  • Intellectual property rights
    1. All intellectual property rights in the Courses and other materials created by us will vest absolutely and automatically on creation, and remain thereafter, in us. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.
    2. When you enrol in a Course with us, we will grant you a non-exclusive, non-transferrable, non-shareable, royalty-free and non-sublicensable licence to you. This aforementioned licence is for your personal use only. You cannot sub-license it to a third-party.
  1. Availability of this Website
    1. From time to time, down-time, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.
  2. Links to third party websites
    1. This Website may contain links to other websites that are operated, controlled or produced by third parties. Unless stated otherwise, this Website does not control, endorse, sponsor or approve any such third-party websites or their contents nor are we are liable for any loss or damage that you may suffer as a result of your visits to any third-party websites.
  3. Interference with this Website
    1. You must not make or attempt to modify, add, remove, hack, deface or otherwise interfere with this Website or to any material or content posted on this Website.
  4. Testimonials
    1. Any review or other matter that could be regarded as a testimonial or endorsement about any Courses does not constitute a guarantee, warranty, or prediction regarding the outcome of any use of such Courses and you acknowledge that testimonials represent the anecdotal experience of individual consumers.
  • Variations
    1. We may vary these Terms by giving you written notice at any time. The variation will only affect future orders.
  • Jurisdiction and governing law
    1. These Terms are governed by the laws of the State of New South Wales, Australia.
  • Events which are out of our control
    1. We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
  • Severability
    1. Any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. Otherwise, any provision in these Terms which is invalid or unenforceable in any jurisdiction is to be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
  • Disclaimer
    1. You acknowledge and agree that, to the extent permissible at law this Website and all content appearing on it are provided on an "as is" and "as available" basis, without warranties of any kind. To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may suffer in connection with your use of this Website, or any other linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website. We also exclude liability in respect of mistakes or inaccuracies on the Website, any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers, bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party or any interruption or cessation of transmission from our Website.
  • General provisions
    1. If we do not take any action with respect to any breach by you or others of these Terms, this does not waive our rights to take action with respect to subsequent or similar breaches. Further, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, then that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses. In the event that we merge, sell or otherwise change control of our business or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or user content that you have provided to us.
  • Privacy Policy
    1. For our privacy and policy statement, please refer to our Privacy Policy.

 

[These terms were last updated on 26 March 2021]

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