These Terms and Conditions are between Intelligo Academy Pty Ltd - ACN 664 303 753 – (referred to as “Intelligo Academy”, “we”, “us”, and “our”) and you, the person, organisation or entity (referred to as “you” and “your”) including the enrolled student (collectively the “Parties”).
These Terms and Conditions apply should you wish to apply for the Free Trial Lesson promotion (“Promotion”) and receive any benefits under the Promotion.
The Parties understand, acknowledge and agree to the following:
1.1. You accept and agree to these Terms and Conditions by completing and submitting the application form for the Promotion on our website, www.intelligoacademy.com.au (“Website”).
1.2 You agree that these Terms and Conditions supplement and incorporate the Intelligo Academy policies, including without limitation the (i) Privacy Policy and (ii) Website Terms of Use.
2.1 The Promotion is available to you if you are a new Intelligo Academy customer who has not enrolled or attended any lessons at Intelligo Academy.
2.2 We will assess your application against the eligibility criteria and if the application is deemed successful, we will place you on the Promotion waiting list.
2.3 We reserve the right to decline any application.
2.4 This Promotion is not transferrable.
2.5 This Promotion is not available in conjunction with any other promotion of a similar nature.
3.1 We agree to provide you with one opportunity to receive the benefits of the Promotion at a time and place set by us (“Promotion Class”).
3.2 You agree to attend at the Promotion Class at the scheduled time and place.
3.3 Should you miss a scheduled Promotion Class, you will not be eligible for this Promotion again.
3.4 We reserve the right to reschedule Promotion Classes to a later date and time due to events beyond our control (power outage, natural disaster, disease outbreak, etc.) when and where possible.
3.5 Should you miss a rescheduled Promotion Class, you will not be eligible for this Promotion again.
3.6 We reserve the right to cancel Promotion Classes at our sole discretion.
3.7 Should we cancel a Promotion Class, we agree to provide you with one opportunity for a make-up Promotion Class.
3.8 Should you miss a make-up Promotion Class, you will not be eligible for this Promotion again.
3.9 We will provide the Promotion to you using our employees, contractors and third-party providers (collectively the “Instructors”), collectively included in these Terms and Conditions.
3.10 You agree not to attempt to employ or otherwise engage any Instructor employed or contracted by us before and while receiving the benefits of the Promotion and the 12 calendar months after receiving the benefits of the Promotion.
3.11 You consent to us using videos and photographs of you for promotional purposes and public announcement unless otherwise notified in writing by you.
4. Termination
4.1 Either Party may terminate these Terms and Conditions if there has been a material breach by the other Party.
4.2 We may terminate these Terms and Conditions immediately and at our sole discretion if: (a) we consider that the request for Promotion is inappropriate, improper or unlawful; (b) you continue to display inappropriate behaviour after receiving warnings from us; (c) you commit a non-remediable breach of these Terms and Conditions; (d) you commit a remediable breach of these Terms and Conditions and do not remedy the breach after receiving a notice from us.
5.1 The work and materials we provide to you in carrying out the Promotion (collectively “Intellectual Property”) contain materials owned by or licensed to us and protected by Australian and international laws.
5.2 You agree that we own the rights to all Intellectual Property and that nothing in these Terms constitutes a transfer of any Intellectual Property rights to you.
5.3 Your use of the Intellectual Property does not grant you a license or act as a right to use any Intellectual Property, registered or otherwise, except as stated in these Terms and Conditions.
5.4 We grant you a non-perpetual, non-exclusive license to use the Intellectual Property for learning purposes only and during the Promotion only.
5.5 You agree not to copy, print, upload to any digital source or public domain, sell in any capacity or disclose any Intellectual Property.
5.6 You agree not to breach our Intellectual Property right by, including and not limited to: (a) altering or modifying; (b) creating derivative works; (c) selling to a third party; (d) providing services of a similar nature.
5.7 You agree to keep confidential and protect all access credentials that we give you to access our Intellectual Property and agree to notify us if you suspect unauthorised use of the access credentials immediately when you become aware of unauthorised use.
5.8 On termination of these Terms and Conditions, you agree to promptly return or destroy, where not possible to return promptly, all Intellectual Property in your possession.
6.1 We will not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay is due to circumstances beyond our control.
6.2 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then these Terms and Conditions, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
6.3 The failure of either Party at any time to enforce any right or remedy available to it under these Terms and Conditions or otherwise with respect to any breach or failure by the other Party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other Party.
6.4 No amendment or modification of this agreement shall be valid or binding on the Parties unless made in writing and agreed by both Parties.
6.5 These Terms and Conditions shall be interpreted and construed in accordance with the Laws of the State of New South Wales, Australia.
6.6 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
7.1 From time to time, we may change these Terms and Conditions. Any changes will be published on our Website. You should visit these pages from time to time to determine the current Terms and Conditions.
Last update: 16/10/2023