Terms and Conditions

Online Group Education Terms 

These terms and conditions apply to the booking of any activities or services provided online (and any ancillary products) with Beswick Education Services Pty Ltd ABN 48 623 716 192 (BES, we, us, our), including online training and education seminars and workshops (Online Education). Once accepted by you (by clicking on the [Accept/Agree] icon), these terms and constitute a binding agreement between you and BES (agreement).

In consideration of your participation in the Online Education, by clicking on the [Accept/Agree] icon when you book to join the Online Education, you acknowledge and agree that you have read, understood and agree to be bound by the following terms and conditions in connection with your participation in the Online Education for which you are making a booking.

  1. Cancellation and Transfer
    1. BES understands that circumstances change and you may be forced to cancel or reschedule. We make every effort to meet your needs and wherever we can, to be flexible, but if you wish to cancel or reschedule the Online Education, you must contact BES immediately. You may cancel your booking or transfer your booking or receive a credit for a future online education session, if you give us at least 48 hours’ notice before the scheduled start time of the Online Education (or if the Online Education is held on more than one date, the first date of the Online Education). If you cancel your booking and request a refund, we will refund the booking fee that you paid to us in full.
    2. If you need to cancel your attendance in the 48 hours before the schedule start time of the Online Education, we will provide you with a credit for another Online Education, but will not provide you with a refund. You acknowledge that this is fair and reasonable having regard to the costs that BES incurs in arranging and being available to perform the Online Education.  
    3. You agree to pay to BES all fees (plus GST) for the Online Education at the time you make the booking and all other fees and charges (plus GST) payable pursuant to these terms and conditions and in connection with the Online Education as required.
    4. If we need to cancel or reschedule the Online Education (or any part of it), we will give you as much notice as we can. If the Online Education is cancelled in full, we will refund to you the fees you have paid for the Online Education. If the Online Education (or any part of it) is rescheduled, your booking will be transferred to replacement Online Education session (but you will be given the opportunity to receive a refund for that part of the booking fee that relates to the rescheduled session if you cannot attend on the rescheduled date). 
  2. Warranty and Acknowledgement in relation to Online Education
    1. You acknowledge and agree that:
      1. the Online Education and the information, materials, documents or techniques provided in connection with the Online Education (Information) is provided for the benefit of, and must be relied on only by you and the staff named in your booking only (Staff); 
      2. you must not share, or provide access to, the Online Education or Information to any other person;
      3. you must not record (either video or audio), take a screen shot or photograph any part of the Online Training; 
    2. You warrant in favour of BES that: 
      1. all Staff named in your booking are employees or contractors to you or your business;
      2. you are at least 18 years of age, all of your Staff (if any) are at least 18 years of age, and you possess the legal authority to enter into this agreement;
      3. your participation and the participation of your Staff (if any) in the Online Education, will be in accordance with this agreement; and
      4. you are responsible for your participation, and the participation of your Staff (if any), in the Online Education.
    3. You must:
      1. ensure that your access to the Online Education and the platform through which it is provided is not illegal or prohibited by laws which apply to you;
      2. take your own precautions to ensure that the process through which you access the Online Education does not expose you to the risk of viruses, malicious computer code or any other form of interference or disruption which may damage your own computer system or network. For the avoidance of doubt, we do not accept responsibility for any interference, disruption or damage to your own computer system or network which arises in connection with your use of this website or any linked website;
      3. not post or transmit, and ensure your Staff do not post or transmit, any non-authorised material including, but not limited to, material that is, or in our opinion is, likely to cause annoyance or offence, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
    4. While BES will try to ensure that the Online Education is accessible to you and your Staff (if any) at the times/dates on which the Online Education is scheduled, we do not warrant:
      1. that access to the Online Education will be uninterrupted or error free;
      2. that you and your Staff (if any) will have continuous access to the Online Education; or
      3. that data, information or files provided to you in connection with the Online Education will be free of faults, errors, viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
    5. BES will not be liable in the event that the Online Education is unavailable to you or your Staff (if any) due to:
      1. any events caused by BES, whether negligent or not; or
      2. any events beyond the control of BES, including but not limited to, unavailability or inaccessibility of the platform through which the Online Training is provided, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
  3. Disclaimer
    1. You acknowledge that:
      1. the Information provided by BES as part of or in connection with the Online Education is provided in good faith and intended to be general in nature only; and accordingly
      2. BES:
        1. does not warrant that any part of the Online Education or Information is appropriate for your specific circumstances, salon, staff or for use with your clients;
        2. does not make any representations or warranties that the Online Education and Information we provide is reliable, accurate or complete for your particular circumstances, salon, staff or for use with your clients; 
        3. does not, except as set out in this agreement, accept responsibility for any loss or damage, howsoever caused (including through negligence), which you or your Staff may directly or indirectly suffer in connection with your participation in the Online Education or from action taken nor reliance made by you or any of your Staff on any Information given to you by BES; and
        4. will provide you with certain tools and Information, but you must correctly apply those tools and the Information to your own business, salon, staff and clients. You are solely responsible for the implementation of any techniques or strategies in your business, salon or with your staff or clients;
    2. The Online Education specifically excludes the provision of any psychological, health, taxation, accounting, financial, legal, employment or other advice to you or your Staff. Any business insights given in the course of the provision of the Online Education are based on BES’s industry experience only. Neither the you nor your staff may rely on any information or advice of this nature that is discussed in connection with the Online Education. 
    3. BES may introduce you to products provided by third parties (Products), or third party service providers (Providers). If BES introduces you to any Products or Providers, we are not representing or warranting the suitability of any Products or Providers, or its products or services, to your needs or the needs of your salon, staff or clients. You should make your own diligent enquiries as to the suitability of the Product or Providers (and the Provider’s services) to your business and the needs of your clients. You must use any Products solely in accordance with the terms of the relevant provider and in accordance with all instructions given by the provider.
  4. Liability 
    1. To the extent permitted by law, any guarantee, condition or warranty which would otherwise be implied into this agreement is hereby excluded. Where legislation implies any guarantee, condition or warranty, and that legislation prohibits us from excluding the application of, or our liability under, any such guarantee, condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of the guarantee, condition or warranty to one or more of the following:
      1. if the breach relates to goods,
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of such goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      2. if the breach relates to services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
    2. The disclaimer set out in this agreement does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
    3. To the maximum extent permitted by law, the aggregate total liability of BES arising from or relating to the Online Education in any way (except in respect of fraud, breach of confidentiality, breach of intellectual property rights, personal injury or death), will not exceed an amount equivalent to the fees you have paid to BES in connection with the Online Education.
    4. BES expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of opportunity, pure economic loss, loss of profit, loss of or damage to reputation or goodwill or loss of anticipated savings, howsoever caused
  5. Release and indemnity

To the extent permitted by law, you:

      1. release BES from all claims, rights or causes of action (excluding gross negligence or breach of statute) that you, your staff (including your Staff) or clients may have or which arises out of your participation in the Online Education or reliance on the Information; and
      2. indemnify and will keep indemnified BES in respect of any actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgments by any persons:
        1. arising as a result of or in connection with your participation in the Online Education or the participation of your Staff in the Online Education;
        2. against BES in respect of any injury, loss or damage arising out of or in connection with your failure or the failure of your Staff to comply with BES’s directions, 

except that the above releases and indemnities shall not apply to the extent that the loss, damage or claim is caused or contributed to by the fraudulent or negligent act or omission of BES.

  1. Use of image

You acknowledge and consent to photographs, electronic images, videos and/or audio recordings being taken of you during your participation in the Online Education.  You acknowledge and agree that these photographs, electronic images, videos or audio recordings are owned by BES and BES may use them (together with the name of your business) for promotional or other purposes without your further consent. If you do not agree with your image or business name being used for promotional or other public purposes, please let us know prior to the Online Education. You agree to ask your staff to the use of their image in this way, by asking them to sign a consent form given to you by BES.

  1. Privacy and Use of Personal Information
    1. BES understands that you value your privacy and wish to have your personal information kept secure. We will take reasonable steps to protect your personal information from misuse, loss, interference and unauthorised access or disclosure.
    2. You agree that BES may retain and use your personal information for the purpose of informing you (including via email or SMS) of our other products, services or workshops which may be of interest to you. You agree to obtain the consent of your Staff to the use of their information in this way.
  2. Intellectual Property
    1. All copyright and trade marks in the material given to you by BES (including Information) and any techniques used in the Online Education are owned by or licensed to BES. You agree that no part of the Online Education or the material or Information or techniques may be used, modified, adapted, copied, published, communicated, used or reproduced by any process without the specific written permission of BES. BES agrees that you may use the material, Information and techniques in your own salon with your own clients, with proper and clear attribution to BES.
    2. All intellectual property made or created by BES or you in the course of, as a consequence of, or in relation to the Online Education or in connection with this agreement (including any material or Information provided by BES to you) is owned by, vests in and, as necessary to achieve such ownership, is hereby assigned absolutely to BES. You agree to do all things including signing all documents required to give effect to this assignment or vesting 
  3. General
    1. This agreement is governed by and construed in accordance with the laws of Victoria, Australia and the parties irrevocably submit to the courts of or in that State and the courts of appeal therefrom.
    2. If any provision of this agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, ordinance or regulation it is to be severed from this agreement so that the validity and enforceability of the remaining provisions are not affected.
    3. This agreement constitutes the entire agreement between the parties in respect of its subject matter, and supersedes all prior agreements, representations, negotiations and correspondence.
    4. Each party must do all acts and execute all documents necessary to give effect to this agreement.
    5. You must not assign or novate this agreement or otherwise deal with the benefit of it or a right under it, or purport to do so, without the prior written consent of BES. 
    6. Each party must do all acts and execute all documents necessary to give effect to this agreement.
    7. BES reserves the right to modify, cancel or limit any Online Education.