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 when you accept an offer of enrolment in live, face-to-face courses, tutorials and educational events of a similar nature (collectively the “Services”) for the duration of the selected Services (“Service Period”) and supersede any prior agreements you may have entered with us for Services of a similar nature.

The Parties understand, acknowledge and agree to the following: 

1. Acceptance

1.1. You accept and agree to these Terms and Conditions by completing and submitting the enrolment form 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.

1.3 You agree that we will not commence the delivery of Services until you have completed enrolment and paid the associated Service fees and charges.

2. Service

2.1 We agree to perform the Services in a careful, skilful, diligent, timely and efficient manner and in accordance with all applicable laws and best educational and business practices.

2.2 We will provide the Services to you using our employees, contractors and third-party providers (collectively the “Instructors”), collectively included in these Terms and Conditions.

2.3 The Instructors allocated to Services are subject to change during the Service Period at our discretion. We reserve the right to change Instructors at any time during the Service Period, subject to availability.

2.4 All Services are subject to a minimum and maximum capacity set at our discretion. We reserve the right to change the minimum and maximum capacity of Services at any time during the Service Period at our discretion, subject to demand and Instructor availability.

2.5 We agree to deliver Services during pre-scheduled times (“Classes”), and you agree to attend Classes as scheduled by us at a location set by us.

2.6 You agree to behave appropriately and respectfully during Service delivery. If you engage in disruptive or inappropriate behaviour, you may be asked to leave the Class, and we reserve the right to discontinue Service delivery to you if the inappropriate behaviour persists.

2.6 Should you miss a scheduled Class, we agree to provide you with one opportunity for a make-up Class, provided there is an alternative Class of the same nature and a seat is available in that Class.

2.7 Should you miss a make-up Class or a make-up Class is not available, for an additional fee, we agree to provide you with opportunities for a catch-up Class subject to Class and Instructor availability.

2.8 We reserve the right to reschedule Classes to a later date and time due to events beyond our control (power outage, natural disaster, disease outbreak, etc.) when and where possible.

2.9 You agree not to attempt to employ or otherwise engage any Instructor employed or contracted by us during the Service Term and the 12 calendar months after the Service Term.

2.10 You consent to us using videos and photographs of you for promotional purposes and public announcement unless otherwise notified in writing by you.

3. Fees, Payments and Refunds

3.1 You agree to pay all fees and charges set out by us for the Services provided in full before the commencement of the Service Period.

3.2 At our sole discretion, we may agree to a payment plan to assist you in paying the fees and charges for the Services provided. We will suspend providing Services to you if we do not receive scheduled payments as agreed.

3.3 Should you miss scheduled, rescheduled, make-up and catch-up Classes due to illness, leave, suspension or otherwise, we will not provide credit or refund in part or full of fees and charges.

3.4 At our absolute discretion, in extraordinary circumstances, and during the Service Period, if you are unable to attend Classes for the remainder of the Service Period, we may agree to apply credit or refund back to you.

3.5 You agree to pay all charges related to default on payments and any dishonour fees for failed transactions.

3.6 If and when applicable, GST payable will be shown on our invoices, and you agree to pay us the amount equivalent to the GST payable as shown on our invoices.

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 Service is inappropriate, improper or unlawful; (b) you continue to display inappropriate behaviour after receiving warnings from us; (c) you fail to pay the fees and charges for the Service as agreed; (d) you commit a non-remediable breach of these Terms and Conditions; (e) You commit a remediable breach of these Terms and Conditions and do not remedy the breach after receiving a notice from us.

4.3 On termination of these Terms and Conditions, you agree to pay all unpaid fees and charges for the Services provided to you and forfeit all paid fees and charges prior to the termination.

5. Intellectual Property

5.1 The work and materials we provide to you in carrying out the Service (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 Service Term 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. General

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. Revisions

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