1 . INTERPRETATION
1.1 In these Terms:
“Hendersons” means Hendersons Educational Services Pty Ltd - ABN 97 070 097 639.
“Customer” means the purchaser of Services from Hendersons.
“Services” means all Services provided by Hendersons to the Customer.
“Terms” means these Terms and Conditions of Sale.
“Workshop” means a Hendersons Workshop – a full Workshop whether that be a single day or multi-day Workshop. NB: Each Practice Exam provided by Hendersons is an individual Workshop for the purposes of these Terms.
“Session” is an individual day of a multi-day Workshop.
2.1 These Terms apply to all Contracts for the Sale of Services by Hendersons with the sole exception of Individual Tuition. Terms for Individual Tuition are detailed at Section 5 of these Terms.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on Hendersons unless confirmed by Hendersons in writing.
2.3 The Customer acknowledges that no employee or agent of Hendersons 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, or anything to the contrary contained in any current or former Hendersons document, publication, website etc; or any other advice or general understanding in respect to the Hendersons Terms and Conditions of Sale, with the exception of Individual Tuition.
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 Services must be made online via the Hendersons Website.
3.3 On Completion of the Order a Tax Invoice and Booking Schedule will be emailed to the Customer. The Tax Invoice will detail the total value of the Order for the Workshop Booking/s together with payment requirements. The Booking Schedule will detail the Individual Workshops ordered, their prices, the scheduled date, time and venue of each Workshop.
3.4 Invoices are payable within 7 days of Receipt of Invoice, for all orders under $1000.
3.5 Subject to reaching the value threshold of One Thousand Dollars ($1,000.00) ordered in one single transaction, Customers of Hendersons will be offered a five (5) per cent settlement discount, as detailed on the Hendersons Tax Invoice, or on accompanying documentation.
This settlement discount will only apply if the entire Invoice Value is paid within seven (7) days of the date of the Hendersons Tax Invoice.
3.6 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 Workshop booked, there may be a circumstance where both the Deposit and the first Instalment may be payable at the same time, ie: on the date the Deposit is due (7 days from Invoice date).
Customers who opt to pay the Invoice Value in instalments shall not be entitled to a settlement discount.
3.7 Payments are to be made to Hendersons without any deduction, or discount, other than as stated in these Terms, or in the relevant Hendersons Tax Invoice.
3.8 Apart from the settlement discount referred to in 3.5 above, no other discounts are offered or shall apply to any of the Services offered by Hendersons.
3.9 Interest is payable on all overdue accounts and is calculated on a daily basis at a rate of 1.75% per month from the due date for payment until payment is received by Hendersons.
3.10 Unpaid and Overdue Invoices may result in the Student being prohibited from entering a Hendersons Classroom.
4. CANCELLATION POLICY
4.1 Requests for cancellation of services ordered from Hendersons by the Customer must be made by email: [email protected]
4.2 Workshops or Sessions ordered from Hendersons may be cancelled by the Customer not later than seven (7) Calendar days prior to the date of the Workshop or Session for a full refund of that Workshop or Session, as the case may be. No refund will apply if a Workshop or Workshop Session is cancelled within seven (7) days unless that Workshop or Session/s is re-ordered (subject to availability). In that circumstance a 50% refund will be applied to any fee levied for the cancelled Workshop or Session. The refund is payable only at the completion of the re-ordered Workshop or Session/s. If one Session of a Workshop is cancelled, then all subsequent Sessions of that Workshop will automatically be cancelled and refunded. No refund will apply to any Session already completed.
4.3. Where extenuating circumstances such as Student illness or injury apply within seven (7) days prior to the commencement date of a Henderson Workshop or Session, then Hendersons Management may approve a full refund for any uncompleted Session/s within that Workshop. This will only apply where requests for cancellation are accompanied by a Certificate from a qualified Medical Practitioner. Any refund applicable is solely at the discretion of Hendersons.
4.4 Refunds for non-attendance by a Student to Workshops or Sessions for any other reason whatsoever will not apply. Make up Classes are not offered. No Class education material for missed Classes will be provided to any Student.
4.5 Any Refund due as a result of a Cancellation will be made only at the time of completion of the originally ordered Workshop/s.
4.6 Any Refund entitlement will be adjusted for any Settlement Discount originally offered and taken up by the Customer as it relates to the Cancellation.
4.7 Hendersons reserves the right to cancel or re-schedule a Workshop or Session where there are insufficient Bookings. Customers will be informed at least seven (7) days prior to the first and/or subsequent Sessions.
4.8 Hendersons reserves the right to change the location, time or teacher of a Session, where necessary.
5. INDIVIDUAL TUITION
5.1 Individual Tuition is available only as a single Term Package, ranging from 7 to 9 weeks in duration. Prices will vary in accordance with the length of the School Term. Details are available on the Hendersons Website.
5.2 On Completion of the Order for Individual Tuition a Tax Invoice and Booking Schedule will be emailed to the Customer. The Tax Invoice will detail the total value of the Order for the Individual Tuition Booking together with payment requirements for the Tax Invoice. The Booking Schedule will detail the Individual Tuition Package/s ordered, their prices and the scheduled date and time of each Session.
5.3 Payment requirements for Individual Tuition are payment in full within seven (7) days of the Tax Invoice. No settlement discount applies to Individual Tuition Orders.
5.4 . Cancellation of Individual Tuition Orders may be made by a Customer not later than seven (7) days prior to the first Session of an Individual Package for a full refund. Cancellations of the Package or Individual Sessions after that date will not be accepted and no refunds will apply.
5.5 Hendersons accept no responsibility for any Student arriving late to a Session and the Session duration will not be extended under any circumstances.
5.6 Hendersons Tutors are only available to discuss the Student’s needs or progress within the Tuition Session. That generally takes place within the first or last few minutes of a Session.
5.7 As a courtesy to the Students Tutor, Hendersons request the Customer to advise Hendersons Staff prior to a scheduled Tuition Session if the Student will not be attending that Session.
5.8 Sections 1, 2, 6 and 7 of these Terms apply to Individual Tuition as for all Hendersons Services.
6. STUDENTS WITH A MEDICAL CONDITION
6.1 Hendersons request parents/guardians to refrain from sending their child to a session, when they are too unwell to learn. The teacher of an individual workshop has the right to refuse to teach a child who they believe is too unwell to proceed. In such circumstances, the parent will be called and will be required to collect their child immediately. No refund will apply. See item 4.3 for cancellation where a medical certificate has been provided.
6.2 Any Customer booking a Hendersons Workshop/s for a Student that has a Medical Condition, or Allergy that requires medication, or possible medical intervention, must declare that in writing to Hendersons at the time of the initial Workshop Booking.
6.3 Any action plan devised by a qualified Medical Practitioner for the Student must be provided to Hendersons Staff prior to the commencement of the first Workshop.
6.4 Medications such as an Asthma Pump and Epi-Pen must accompany the Student and be sighted by Hendersons Staff on every occasion that the Student enters Hendersons premises. Failure to comply with this requirement will result in the Student not being permitted to attend the Session and in the Customer being required to remove the Student from Hendersons premises. No refunds will apply in these circumstances.
7.1 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 the Workshop. Remaining Sessions will be cancelled and no refund will be issued to the Customer.
The Terms of the Contract are wholly contained in these Terms and any other writing signed by both parties.
7.3 Force Majeure
Hendersons will not be liable for any breach of Contract due to any matter or thing beyond the control of Hendersons (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).
7.4 Waiver of Breach
No failure by Hendersons to insist on strict performance of any of these Terms is a waiver of any right or remedy which Hendersons may have and is not a waiver of any subsequent breach or default by the Customer.
7.5 No Assignment
Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of Hendersons, which is at Hendersons absolute discretion.
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.
7.7 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.
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