Terms and Conditions of Sale
1 . Interpretation
1.1 In these Terms:
Hendersons Education means Hendersons’ Educational Services Pty Ltd ABN 97 070 097 639
“Customer” means the purchaser of Services from Hendersons Education.
“Services” means all Services provided by Hendersons Education to the Customer.
“Terms” means these Terms and Conditions of Sale.
“Component” means a complete Workshop – a full Workshop whether that be a single day or multi day Workshop or the first of multiple Prac Exams.
2.1 These Terms apply to all Contracts for the sale of Services by Hendersons Education with the exception of Individual Tuition Services which have their own Terms and Conditions and are available on request.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on Hendersons Education unless confirmed by Hendersons Education in writing.
2.3 The Customer acknowledges that no employee or agent of Hendersons Education has any right to make any representation, warranty or promise in relation to the Services or the sale of the Services other than as contained in these Terms.
2.4 These Terms and Conditions of Sale supersede and take precedence over any prior Terms and Conditions of Sale of Hendersons Education or anything to the contrary contained in any current or former Hendersons Education document, publication, Website etc or any other advice or general understanding in respect to the Hendersons Education Terms and Conditions of Sale with the exception of Individual Tuition Services as outlined in 2.1 above.
3 . PRICES, BILLING & PAYMENT
3.1 Prices are determined at the time of Order and are subject to change without notice.
3.2 Customer Orders for Hendersons Education Services will all be made online via the Hendersons Education Website and once the Order is completed an Enrolment Form Acknowledgement will detail the individual Service components of the Order and their prices. Hendersons Education will then forward by email to the Customer a Tax Invoice detailing the individual components of the Order and their prices, the Venue where each component will be held and the dates of each Class of each Component and the payment requirements for the Tax Invoice.
3.3 Subject to reaching a particular value threshold ($1,000.00) ordered in one single transaction Customers of Hendersons Education will be offered a settlement discount as detailed on the Hendersons Education Tax Invoice or on accompanying documentation. This settlement discount (if applicable) will only apply if the entire Invoice Value is paid within seven (7) days of the date of the Hendersons Education Tax Invoice.
3.4 Where the value of a Hendersons Tax Invoice exceeds the value of $1,000.00, the Customer has the option to pay the Invoice in instalments ie a 40% Deposit within seven (7) days of the date of the Tax Invoice, a 30% Instalment not later than 14 days prior to the date of the first Class to be attended by the Student and a final 30% Instalment not later than 14 days prior to the first day of the final Component.
Depending on the timing of the Booking and the date of the first Class booked there may be a circumstance where the Deposit and the first Instalment may be payable at the same time ie on the date that the Deposit is due.
Customers who opt to pay the Invoice Value in term instalments shall not be entitled to a settlement discount.
3.4 Payments are to be made to Hendersons Education without any deduction, offset or discount other than as stated in these Terms or in the relevant Hendersons Education Tax Invoice.
3.5 Apart from the settlement discount referred to in 3.3 above no other discounts are offered or shall apply to any services offered by Hendersons Education.
3.6 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.75% per month as from the date due for payment until payment is received by Hendersons Education.
3.7 Unpaid and Overdue Invoices may result in the Student being prohibited from entering a Hendersons Education Classroom.
4. CANCELLATION POLICY
4.1 Requests for cancellation of services ordered from Hendersons Education by the Customer must be made via either email contact to Hendersons Education info@hendersons .com.au or by telephone contact to 03 9813 0277.
4.2 Services ordered from Hendersons Education may be cancelled by the Customer up to seven (7) Calendar days prior to the first commencement date of the Course of Study ordered, for a full refund.
4.3. Full Components of Hendersons Education Courses ordered may be cancelled by the Customer up to seven (7) Calendar days prior to the first commencement date of that particular Component for a full refund of that Component.
4.4 Subject to 4.5 below Cancellations of full components of Orders for Hendersons Education services will not be accepted where cancellation is made within seven (7) calendar days of the first commencement date of that particular component and no refund for that component will apply.
4.5 Where extenuating circumstances such as Student illness or injury apply within seven (7) days prior to the first commencement date of a full component of an Order, then subject to review and approval by Hendersons Education a refund of up to 75% of that component may apply.
Consideration for refunds will only apply where in the opinion of Hendersons Education satisfactory supporting documentation is provided such as a Medical Certificate from a qualified Medical Practitioner.
Any refund applicable is solely at the discretion of Hendersons Education.
4.6 Refunds for non attendance by a Student to individual Classes for any other reason whatsoever will not apply.
4.7 If a Student misses any day of a multi day Component they are not permitted to complete that Component. Make up Classes are not offered and no refunds will apply. No Class education material for missed Classes will be provided to any Student.
4.7 Any Refund due as a result of a Cancellation will be made only at the time of completion of the originally ordered Course of Study.
4.8 Any Refund entitlement will be adjusted for any Settlement Discount originally offered and taken up by the Customer as it relates to the Cancellation.
4.9 Hendersons Education reserves the right to cancel or re-schedule a Workshop or Class where there are insufficient Bookings. Customers will be informed at least seven (7) days prior to the first date of the Class.
4.10 Hendersons Education reserves the right to change the location, time or Teacher of a Class where necessary.
5.1 Student Behaviour
Unruly behaviour and/or Class disruption by a Student will not be tolerated under any circumstances and may result in the Student being removed from Class and his remaining Classes cancelled without refund to the Customer.
5.2 . Contract
The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties.
5.3 . Force Majeure
Hendersons Education will not be liable for any breach of Contract due to any matter or thing beyond the control of Hendersons Education (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
5.4 . Waiver of Breach
No failure by Hendersons Education to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Hendersons Education may have, and is not a waiver of any subsequent breach or default by the Customer.
5.5 No Assignment
Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Hendersons Education, which is at Hendersons Education’s absolute discretion.
5.6. . Severability
If any provision contained in these Terms and Conditions is held by a Court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
5.7. Governing Law
These Terms and the Contract shall be governed by the law of Victoria and the parties submit to the Courts of Victoria in respect of any dispute arising.