TERMS AND CONDTIONS
Important: Please read the terms of service below. By proceeding beyond this page, you agree to and are bound to the Terms of Service.
Terms & Conditions and Student Policy
MECCA 2020 PTY LTD, TRADING AS INSTITUTE OF
INK
ABN 96 642 471 574
These terms and conditions and
student policy (Conditions) as varied from time to time by Institute of
Ink apply to the supply of Courses by Institute of Ink to the Student.
The Student agrees that the
Conditions apply to the terms on which the supply of Courses (whether or not,
but including, pursuant to a Contract) shall proceed. The Conditions
apply to the exclusion of and supersede all other discussions, negotiations,
warranties proposals or agreements concerning the supply of Courses except and
to the extent that Institute of Ink otherwise agrees in writing.
Any terms or conditions that are
specific to a Course in which a Student is Enrolled shall form part of these
Conditions. In the event of any inconsistency between such terms and
conditions and these Conditions, then such terms and conditions shall prevail,
These Conditions may be revised
or updated by Institute of Ink at any time by publishing revised or updated
Conditions on its Website, which revised or updated Conditions shall be binding
on the Student from the time of publication on the aforementioned
website. The Student should check the website regularly for the most up
to date version of the Conditions.
1. Definitions
1.1 In the
Conditions, unless the context requires otherwise:
(a) Institute of Ink means
Mecca 2020 Pty Ltd, trading as Institute of Ink ABN 96 642 471 574
(b) Authorisation means
any licence, consent, approval, permit, registration, accreditation,
certification or other authorisation given or issued by any Authority that is
necessary for Institute of Ink to supply Courses.
(c) Authority means
any government or local authority and any department, minister or agency of any
government, and any other authority, agency, commission or similar entity
having powers or jurisdiction under any law or regulation.
(d) Business Day means
a day (other than a Saturday, Sunday or public holiday) on which banks are open
for general banking business in Queensland, Australia.
(e) Certificate means
a document or other notification confirming that the Student has successfully
completed a Course.
(f) Contract means
an agreement between the Institute of Ink for the supply of Courses by Institute
of Ink to the Student.
(g) Course means
an educational course provided or made available to Students by Institute of
Ink from time to time.
(h) Course Fee means
the fee charged by Institute of Ink to the Student for supplying a Course
or Courses.
(i) Enrol and Enrolment means
the act by the Student of entering into a Contract with, or otherwise agreeing
to accept the supply of a Course or Courses by, Institute of Ink.
(j) Force
Majeure Event means an act of God, war, natural disaster (such as an
earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo
or unavailability of supply of products or services by Institute of Ink’s
suppliers for reasons that are outside of the control of Institute of Ink that
has a material and adverse impact on the Institute of Ink’s ability to supply
Course to the Student.
(k) GST has the
same meaning as in the A Tax System (Goods and Services Tax) Act
1999 (Cth).
(l) Intellectual
Property means all intellectual property of any type or nature
whatsoever involved in or associated with the provision of the Course by Institute
of Ink to the Student , including but not limited to Intellectual Property in
any Course content, documents and resources.
(m) Privacy Policy means
the privacy policy maintained and applied by Institute of Ink with respect
to personal information of the Student, which Privacy Policy is published on
the Website (as updated from time to time).
(n) Security Interest means
any:
(i) security interest
under the PPSA or security for payment of money, performance of obligations or
protection against default (including retention of title arrangement, charge,
lien, right of set-off); and
(ii) thing or preferential
interest or arrangement of any kind giving a person priority or preference over
claims of other persons or creditors with respect to any property or asset,
and includes any agreement to
create any of them or allow them to exist.
(o) Student means
any person who Enrols in a Course or Courses.
(p) Website means
www.lashtiqueprofessional.com
or such other website(s) as Institute of Ink may maintain from time to
time.
2. Enrolment, Cooling Off,
Transfers, Deferrals and Cancellation
2.1 Institute of Ink may
from time to time make Courses available to prospective Students. Institute
of Ink reserves the rights to:
(a) withdraw any Courses from
availability; and
(b) to cancel any Course or
Courses in which the Student has Enrolled in the event that Institute of Ink determines
in its absolute discretion is or are not financially viable to proceed with,
whether or not such Course or Courses has or have commenced. If a Course
is cancelled in accordance with this clause then Institute of Ink shall
refund to the Student the Course Fee actually paid by the Student as at the
date of such cancellation and otherwise without penalty.
2.2 Unless otherwise
agreed by Institute of Ink, Students must be at least 18 years old (or have the
consent and support of a parent, family member, or household member who is over
18) and an Australian resident in order to be eligible to Enrol in a
Course. Institute of Ink shall be entitled to reject any application for
Enrolment that does not meet such requirements. Special consideration may be
given upon request, acceptance of which will be at the complete discretion of Institute
of Ink.
2.3 The Student shall
be accepted into a Course, and a Contract shall be formed between Institute of
Ink and the Student, upon Institute of Ink notifying the Student that
the Student’s application for Enrolment in the Course has been accepted by Institute
of Ink.
2.4 The Student must
apply to Enrol in a Course in such a manner as Institute of Ink directs.
Any failure or refusal to Enrol in such manner may result in Institute of Ink refusing
to accept the Student’s application for Enrolment or cancel any such Enrolment.
2.5 The Student must
provide Institute of Ink with all information (including but not limited
to personal information) reasonably required by Institute of Ink for the
purpose of consideration of the Student’s application for Enrolment. Institute
of Ink shall deal with any personal information so provided in accordance
with its Privacy Policy and otherwise in accordance with law.
2.6 The Student must
immediately advise Institute of Ink of any changes to any information
provided by the Student to Institute of Ink (whether pursuant to clause
2.5 or otherwise).
2.7 The Student
warrants to Institute of Ink that all information provided by the Student
to Institute of Ink is true and correct.
2.8 The Student may
withdraw from any Enrolment by notification in writing by email within 24 days
of completion of Enrolment, in which case Institute of Ink shall refund to
the Student the Course Fee actually paid by the Student as at the date of such
withdrawal.
2.9 With the consent
of Institute of Ink (which Institute of Ink may refuse to give in its
absolute discretion), the Student may within 14 days of Enrolment in a Course
decide to cancel its enrolment in a course and apply for Enrolment in a
different Course. The Course Fee payable by the Student in such a
situation shall be the greater of the Course Fee for the cancelled Course and
the Course Fee for the replacement Course. Institute of Ink further
reserves the right to charge to the Student a reasonable administration fee to
cover costs associated with the change of Enrolment.
2.10 Access to Course content
will be provided upon successful completion of Enrolment. The duration of
access to Course content varies from Course to Course, details of which shall
be provided as part of the Course content but is typically 12 months depending
on the Course. The Student is expected to complete the Course within the
duration of access to Course content and may be denied access to the Course
content at the expiry of duration in which case the Student will not be
entitled to any refund of Course Fees or any of the benefits associated with
completing the Course.
2.11 Subject to clause 2.8, a
Contract once entered into or Enrolment once accepted may be cancelled by the
Student only if Institute of Ink consents in writing (which consent may
be given or withheld in Institute of Ink’s absolute discretion). If Institute
of Ink consents to the cancellation of a Contract or Enrolment, then
unless otherwise agreed in writing, the Student indemnifies Institute of Ink against
all loss, damage and costs or expenses of any kind suffered or that may be
suffered by the Student arising directly or indirectly from the cancellation of
a Contract.
2.12 Institute of Ink does
not warrant or guarantee to the Student, and the Student acknowledges that:
(a) Completion or non-completion
of the Course will lead to or result in any satisfactory employment or business
outcomes for the Student; or
(b) The Course content will be to
the Student’s liking or satisfaction.
3. Course Fees
3.1 By Enrolling in a
Course (including but not limited to by entering into a Contract), the Student
agrees to pay the Course Fee payable for such Course to Institute of Ink in
such amount and in such manner as is determined by Institute of Ink and
notified to the Student during Enrolment. In the absence of anything to
the contrary, Course Fees are payable in full immediately upon the completion
of Enrolment. The Student is obliged to ensure at all times that it is
financially capable of paying all Course Fees as and when they fall due for
payment.
3.2 Institute of Ink may
(including as an alternative to offering a payment plan pursuant to clause 3.2)
recommend to the Student a range of third party finance providers to provide
financing options to assist the Student with paying the Course Fee. Any
arrangement or agreement concerning the financing of Course Fees is strictly
between the Student and such third party finance provider and does not impact
on, negative or reduce the Student’s obligation to pay the Course Fees strictly
in accordance with these Conditions. Institute of Ink does not and shall
not retain or hold any information concerning any arrangements or agreements
entered into between the Student and any third party finance provider.
3.3 Institute of Ink makes
no representations, promises or warranties as to the suitability of any
financing options to the Student and the Student hereby waives and releases Institute
of Ink from and further indemnifies Institute of Ink against any loss, cost or
expense that Institute of Ink may suffer of incur in connection with the
Student deciding to enter into an arrangement with a third party finance
provider in relation to the payment of the Course Fee.
3.4 Institute of Ink reserves
the right to cancel or suspend the Student’s participation in a Course and to
cease supply of Course content to the Student without notice if the Student
fails to pay any Course Fees by the due date for payment.
3.5 The Student shall
not be entitled to the refund or repayment of any amounts (including but not
limited to Course Fees) paid by it to Institute of Ink except in
accordance with these Conditions or otherwise in the absolute discretion of Mecca
2020 Pty Ltd.
3.6 The Student must
immediately notify Institute of Ink in the event of any issue, problem or
difficulty in meeting its obligations with respect to a Contract, including but
not limited to any anticipated inability to pay Course Fees or any other
amounts on time. Institute of Ink may, and without otherwise affecting
its rights under these Conditions, at its election cancel a Contract in whole
or in part in response to such a notice.
4. Course Assessment and
Completion
4.1 Course
requirements, Student work performance and obligations and assessment criteria
and timing varies from Course to Course and:
(a) where applicable or
relevant, shall be notified to the Student at the time of Enrolment or during
the Course;
(b) forms part of these
Conditions upon notification to the Student.
4.2 The Student shall
be issued with a Certificate upon successful completion of a Course, which
shall be issued electronically unless the Student requests a hard copy which
shall be issued upon payment of the applicable fee. Institute of Ink reserves
the right to delay the issue of a Certificate if the Student is or remains in
default under these Conditions (including but not limited to in relation to the
payment of any amounts payable to Institute of Ink) in any respect until such
time as the Student remedies such default.
4.3 Courses are
designed to be completed within set timeframes, which depend on the Course.
4.4 If the Student
requires more time to complete a Course, it may apply to Institute of Ink for
an extension of up to three months Institute of Ink must not unreasonably
refuse any request for an extension if the extension request is for more than 1
month and is the first extension request made by the Student. Otherwise, Institute
of Ink may refuse to grant any extension request in its absolute
discretion. Any extension is subject to the Student having paid all
Course Fees due and owing at the time of the extension request and also paying any
applicable extension fee.
4.5 A Course shall be
deemed to have been abandoned if the Student has not completed the Course
within 12 months or paid the Course Fee in full by the due date for completion
(plus any extension period) and the Course content will no longer be
accessible.
5. Intellectual Property
5.1 All Intellectual
Property remains the property of Institute of Ink and/or its suppliers and
vendors (as applicable).
5.2 The Student must:
(a) at all times keep all
Intellectual Property made available to it private and confidential; and
(b) use the Intellectual Property
solely for the purpose of completing the Course.
5.3 The Student must
not:
(a) assert any ownership or other
interest in or to or exploit, modify or develop any of the Intellectual Property;
(b) copy or reproduce the
Intellectual Property without the written consent of Institute of Ink;
(c) share or make the
Intellectual Property available to or accessible by any third party;
(d) do anything that will or may
damage, jeopardise the ownership of or bring into disrepute or question.
5.4 The Student
acknowledges that the Intellectual Property is integral to the business of Institute
of Ink. Failure to comply with the Student’s obligations under this
clause 5 shall entitle Institute of Ink to cancel the Student’s Enrolment
and/or terminate any Contract with immediate effect by notice to the Student.
6. Student Conduct and Behaviour
6.1 Institute of Ink may
publish on its Website any code of conduct or other policies concerning Student
conduct and behaviour. The Student is obliged to familiarise themself
with any such code or policy and abide by it.
6.2 Without
limitation to the aforesaid, in its dealings with other students and Institute
of Ink personnel, the Student must at all times:
(a) behave in a courteous,
fair-minded and non-disruptive manner; and
(b) not engage in any conduct
that is abusive, unreasonable, discriminatory or threatening or which amounts
to harassment or stalking.
6.3 Plagiarism is not
tolerated. Students must ensure that all work submitted is their own
work, written in their own words. If Institute of Ink reasonably believes
that any work submitted by the Student is plagiarised or not completed solely
by the Student, Institute of Ink reserves the right to:
(a) Require the Student to
re-submit the relevant work;
(b) refuse to issue any
Certificate; or
(c) if the plagiarism is
excessive or repeated, cancel the Student’s Enrolment and/or Contract without
penalty.
7. Complaint, Feedback and
Dispute Resolution
7.1 The Student is
encouraged to provide feedback on the Course and their learning experience.
Feedback may be used for marketing purposes. If a student does not wish their
feedback to be used in this way, they should advise Institute of Ink .
7.2 Any complaints
must be made in writing and submitted to; info@lashtiqueprofessional.com
7.3 Institute of Ink
shall endeavour to, but shall not be liable to, respond to and resolve any complaint
within 10 Business Days.
8. Default
8.1 If at any time
the Student is in breach of a Contract or these Conditions, Institute of Ink may
issue a notice to the Student setting out details of the default and requiring
the Student to remedy such default within a period of not less than 14 days
from the date of the default.
8.2 If the Student
fails to comply with a notice issued in accordance with clause 8.1, Institute
of Ink may at its election by further notice to the Student:
(a) suspend the supply of any
Courses to the Student until such time as the Student remedies all applicable
breaches; and/or
(b) cancel any Course or Contract
which remains unfulfilled.
8.3 Notwithstanding
clauses 8.1 and 8.2, Institute of Ink may:
(a) suspend the supply of any
Courses to the Student including any Website access or tutor services; and/or
(b) cancel any Course or Contract
which remains unfulfilled,
by notice in writing to the
Student with immediate effect if Institute of Ink determines in its opinion
that:
(c) the Student has provided any
false or misleading information to Institute of Ink as part of its Enrolment;
(d) the Student is not at least
18 years old or an Australian Resident;
(e) the Student behaves in a way
towards other students or Institute of Ink personnel that Institute of Ink
(in its discretion) considers to be egregiously inconsistent with its policies
concerning Student conduct and behaviour or which conduct is repeated despite
request from Institute of Ink to cease such conduct.
8.4 Institute of Ink shall
be entitled to recover from the Student, and the Student indemnifies Institute
of Ink against, all costs, loss and damage suffered or incurred by Institute
of Ink (including recovery agent fees and legal costs on an indemnity
basis) in connection with any breach of a Contract or these Conditions.
9. Force Majeure Events
9.1 If a Force
Majeure Event occurs:
(a) the Student shall not be
relieved from its obligations under a Contract or with respect to an Enrolment
except as provided for in this clause 9;
(b) Institute of Ink may, at its
option:
(i) suspend any Course
affected by the Force Majeure Event, for a period of up to 12 months or until
the Force Majeure Event has abated (whichever is earlier); or
(ii) if the Force Majeure
Event has not abated after the end of any period of suspension, cancel the
Contract(s) or Enrolment(s) affected by the Force Majeure Event, in which
event any applicable Course Fees shall be supplied as a credit against future
Course enrolment(s) by the Student
10. Limitation of Liability
10.1 The Student agrees to the
maximum extent lawfully permissible that if Institute of Ink breaches the
Conditions or any applicable law, then the Student’s remedy is limited to (at Institute
of Ink’s election):
(a) The re-supply of any Course
in which the Student was Enrolled; or
(b) Refund of the Course Fees for
any Course in which the Student was Enrolled.
10.2 Institute of Ink disclaims
all liability whatsoever for:
(a) any consequential or indirect
loss and/or expense (including loss of profit) the Student suffers or may
suffer; and
(b) any unlawful or negligent
conduct of Institute of Ink’s suppliers, agents or contractors.
11. General
11.1 If any provision of the
Conditions is illegal or unenforceable this does not affect the remaining
provisions.
11.2 Institute of Ink is entitled
to assign any or all of its rights under these Conditions, and any Enrolment or
Contract, by notice to the Student. The Student is not entitled to assign
any of its rights or obligations under these Conditions or under any Enrolment
or Contract without the consent of Institute of Ink, which Institute of Ink may
withhold in its absolute discretion.
11.3 Time is of the essence with
respect to the performance of the Student’s obligations under these Conditions
and under any Contract.
11.4 The Conditions and any
Contract shall be construed and applied in accordance with the laws of Queensland,
Australia and are subject to the exclusive jurisdiction of the courts of Queensland,
Australia.
11.5 Institute of Ink reserves
the right to vary or amend the Conditions at any time, and any variation or
amendment will take effect with respect to Contracts entered into from the date
the Student is notified.
12. Refunds Institute of Ink does not offer
refunds on any courses once commenced.
13. Declaration
12.1 By accepting these
Conditions, the Student acknowledges, agrees and warrants that it:
(a) Has read and understood these
Conditions and any documents provided by Institute of Ink during the Enrolment
Process (including any Student code of conduct or Student behavioural policy
published on the Website);
(b) Understands that by signing
these Conditions and having its Enrolment accepted, it is entering into a
binding Contract with Institute of Ink;
(c) Subject to clause 2.2 is over
the age of 18 and an Australian resident and can provide evidence of same on
request;
(d) Has reliable access to a
stable, virus-free computer or laptop and a reliable internet connection;
(e) Does not have any medical,
physical or behavioural conditions that would prevent it from completing the
Course or abiding with these Conditions that it has not disclosed to Institute
of Ink;
(f) Has disclosed all relevant
information in the course of applying for Enrolment.
Therefore, and based upon the foregoing, Students must research and acquaint themselves with the laws applicable to the legality of the Students’ performance of the Procedures. It is up to each Student to make sure that before any Procedure is performed by that Student, the Student is compliant with all state and federal laws, rules and regulations including but not limited to any regulations that govern that Student’s legal ability to perform a Procedure.
Institute of Ink makes no representations and/or warranties in connections with the Courses. The Courses are not a substitute for medical advice, diagnosis or treatment. Reliance on the information in the Courses for procedural purposes is to be used at your own risk. If you have questions or concerns, contact a medical professional prior to treatment. Institute of Ink is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them.
Institute of Ink is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects pertaining to procedural operation.
Students release Institute of Ink trading of all liability regarding the use of the Course and associated training material and/or any products or devices manufactured or sold by any other company.
Institute of Ink trading grants Students who purchase a Course a non-exclusive, non-transferable, revocable access and use Institute of Ink copyrighted Course and any associated materials solely for your own personal and non-commercial, non-duplicatable use (unless stated otherwise e.g., downloadable intake forms). The Courses are protected under copyright law. The copying, redistribution, use or publication by you of any of the content within our course is strictly prohibited (again, unless stated otherwise). A Student’s purchase of a Course does not grant the Student any ownership rights to our Course. Any breach in the terms of this Agreement may result in termination of your access to the Course materials and can be subject to a fine up to $500,000.
Institute of Ink not responsible for purchases made without prior knowledge resulting in attempted return or exchange. As stated in our Refund Policy and Terms of Use Agreement “ALL SALES ARE FINAL” for all purchases made from Institute of Ink under all circumstances.
All customers and students release Institute of Ink of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.
Institute of Ink respects the intellectual property rights of others and Institute of Ink asks that you do the same. Except for any third-party content used as part of the Institute of Ink site, training and materials, please understand that the data and materials on the Institute of Ink site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Institute of Ink site (collectively, “all course content”) are the intellectual property of Institute of Ink. Institute of Ink content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. Institute of Ink reserves all rights in and to Institute of Ink content. Institute of Ink content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Institute of Ink. Institute of Ink reserves the right to take any legal or technical remedies to prevent the violation of the Institute of Ink terms and to protect the Institute of Ink services, users and the rights and property of Institute of Ink and its affiliates. If you violate these Terms, your permission to use the Institute of Ink services automatically terminate, and you must immediately destroy any copies you have made of the Institute of Ink content. Any actions on your behalf to contrary could result in litigation.
If you wish to request permission to use any Institute of Ink content in a manner otherwise prohibited under these Terms, please contact us using the information provided below.
Our courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
All enrollees will be given 12 months access. When you complete the purchase process, you will be asked to register with the use of an email and password, which allows you one seat in the online training for your personal use only. You agree to maintain the confidentiality of your account username, login information and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality You agree to immediately notify us of any authorized use of your password or any other breach of security.
The content provided in our courses is provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems or other limitations. Institute of Ink, including all our affiliates, have no liability whatsoever for your use of our website or content. Institute of Ink trading cannot guarantee and does not promise any specific results from use of our website or content. Institute of Ink does not represent or warrant that our content or our services found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
In no event will Institute of Ink or its, employees, contractors, vendors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of videos whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, Institute of Ink liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the video(s) we provide prior to the event giving rise to liability.
This Agreement applies to all online training courses provided by Institute of Ink trading.
To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Copyright/Trademark Information. Copyright © 202 INSTITUTE OF INK AND MECCA 2020 PTY LTD. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.
This Agreement will be interpreted under and according to the laws of the State of Queensland Australia.