TERMS & CONDITIONS
1. GENERAL
1.1: National Fashion College Pty Ltd (ABN 76 654 657 146 | ACN 654 657 146) (“we”, “us or “our”) offers prospective students (“applicants”) the opportunity to enrol in online and face-to- face educational courses relating to fashion business and design (“Courses”).
1.2: Please read the Terms and Conditions below before signing the enrolment application (“Enrolment Application”) to which these Terms and Conditions are enclosed. If the applicant is under 18 years of age, then the applicant must obtain a parent or guardian’s consent before applying with us.
1.3: Any agreement with us is subject to these Terms and Conditions.
2. COURSE CURRICULUM
2.1: Depending on the option of study, enrolled students will be provided with training that is delivered face-to-face, online or a combination of both.
2.2: Students understand that the course is non-accredited and only offered at National Fashion College.
2.3: We reserve the right to vary course, including content and delivery in our sole discretion from time to time.
3. ENTRY REQUIREMENTS
3.1: All applicants are required to attend a preliminary interview with the Director (either virtual or on-campus) in order to assess eligibility to study.
3.2: For students under the age of 18, a parent or guardian must be present during this interview. A letter from the student’s parent/guardian as well as their School Principal must also be presented.
3.3: If an applicant does not meet the enrolment pre-requisites as determined by us in our sole discretion, we reserve the right to refuse enrolment for that applicant.
4. ENROLMENT PROCEDURES
4:1: Applicants must complete, sign and return the Enrolment Form and these Terms and Conditions together with their $1,000 AUD deposit to secure their place into the course.
4:2: If an applicant is under the age of 18 years, a parent or legal guardian must agree to and sign these Terms and Conditions and will be held responsible for payment of all course fees due and payable to us. The parent or guardian warrants and guarantees the applicant’s compliance with its obligations under these Terms and Conditions. A reference to “applicant” or “student” in these Terms and Conditions means jointly a reference to the applicant/student and their parent/guardian (where under 18 years of age).
5. ACCEPTANCE OR REJECTION OF AN ENROLMENT
5.1: Upon receipt of the signed Enrolment Application, we will contact the applicant to confirm the details of the enrolment and/or to notify the applicant if a preliminary interview is required. The requirement for an interview is at our sole discretion.
5.2: If an applicant is required to attend a preliminary interview to assess eligibility to attend the course, and is eligible for enrolment, the deposit paid by the applicant will be processed.
5.3: If an applicant does not meet the eligibility requirements as determined by us in our discretion, the deposit will be refunded to the applicant in full. Only accepted applicants (“students”) will be entitled to participate in a Course.
6. SPECIAL REQUIREMENTS
6.1: At the time of enrolment, students must notify us if they have any special requirements that may hinder them from fully participating in or completing the Course.
6.2: In the event that a student has special requirements, we will endeavour to accommodate such requirements. However, we make no commitment that special requirements can reasonably be accommodated and will not be held responsible, nor will there be a refund or reduction of the course fees if such special requirements cannot reasonably be accommodated by us.
7. ONLINE ACCESSABILITY
7.1: Each student must, at their own cost, acquire and maintain computer hardware and any necessary third-party licenses required to participate in online classes.
7.2: We will provide each student with all information necessary to enable the student to access the online classes.
7.3: Whilst we will endeavour to make the classes available at scheduled times, we cannot guarantee that we will do so without any interruption or error.
8. STUDENT OBLIGATIONS
8.1: Upon enrolment, students will be provided with the Course outline, dates and times.
8.2: Failure to:
(a) attend a minimum number of classes; or
(b) failure to complete required assessments, as determined by us, may result in non-completion of the course.
8.3: It is the responsibility of the student to review any missed classes. We are under no obligation to provide additional tuition for any missed classes.
8.4: All live training sessions (if applicable to the Course) must be completed within the original Course period, or additional fees may apply.
9. DEFERMENT, WITHDRAWAL OR CANCELLATION OF A COURSE BY US
9.1: We reserve the right to defer, cancel and/or reschedule a Course or course class at our sole discretion if any of the following incidents occur:
(a) we observe an attendance of less than fifteen (15) applicants or attendees in any Course or course class;
(b) our trainer is suffering an illness or is unavailable due to an emergency; or
(c) otherwise due to events outside our reasonable control.
9.2: In the case that on-campus students cannot safely attend (ie: COVID-19 lockdowns), on-campus students will transition to online study until it is safe to return to campus. No fees will be refunded or adjusted.
9.3: In the event any circumstance outlined this clause occurs, we will not be liable to refund any part or whole of the course fees and will not provide compensation to any student (other than by way of the rescheduled Course/class).
10. WITHDRAWAL FROM A COURSE BY A STUDENT
10.1: If a student intends to cancel or withdraw their enrolment with us, they must notify us of their intention to cancel or withdraw from the Course as soon as possible.
10.2: Course fees are non-refundable as places within our Courses are strictly limited and often in high demand. If the applicant/student wishes to withdraw, they will be liable for the full Course fees. Any remaining Course fees will be payable on the date the withdrawal is communicated and payment may be automatically deducted by us.
10.3: For the avoidance of doubt, we do not offer refunds or credit notes for withdrawals and enrolments and Courses are non-transferrable to third parties.
10.4: If a student ceases to attend the Course for more than two (2) consecutive classes, and has not notified our training staff of the reasons for their absence (noting that requests for deferral are subject to clause 11), we may assume that the student is no longer attending the course and we, at our sole discretion, may cancel the student’s enrolment.
10.5: If the student ceases to attend the Course in accordance with clause 10.4 without our consent, the student will forfeit any fees paid and the remainder of the Course fees will be due and payable.
11. DERFERMENT OF A COURSE
11.1: A student may request to defer the Course prior to or during the Course. We are not obliged to accept a request for deferment but may do so in our sole discretion.
11.2: A student may request a deferral (a maximum of once) and that student must provide evidence of illness, emergency, family crisis or other reasons preventing the student from attending the Course. There is no obligation for us to accommodate the request for a deferral.
11.3: Approved applications to defer will not attract a deferral fee.
11.4: In the event that an application to defer is not accepted by us and the student does not continue with the Course as required, the student will be deemed to have abandoned the Course and the provisions of Clause 10.4 will apply.
11.5: Until such time as a deferral application has been accepted or rejected, the student will be liable for making all Course fee payments.
11.6: In the event we approve an application to defer, the student’s enrolment will be deferred to the next intake.
12. FEES AND CHARGES
12.1: The fees and charges associated with the Courses are set out in the Enrolment Application or as otherwise notified by us in writing.
12.2: Any fees and charges are payable by bank transfer only.
12.3: The deposit is payable not less than five (5) days before commencement of the Course. Failure to make payment of the deposit by this time will result in the enrolment application being rejected without further notice to the applicant.
12.4: The deposit secures the students place in the course. Due to the limited spaces, we encourage students to pay their deposit as soon as possible to ensure a space has been successfully reserved. There are no guarantees for a space into the course until this has been finalised.
12.5: All payments must be made by the due dates in accordance with the Enrolment Form. It is the student’s responsibility, or if they are a minor, the responsibility of the parent or guardian, to make payment of the due amounts in accordance with the scheduled dates. The student agrees to pay to us all costs and expenses incurred by is in collecting any overdue amount, including legal costs on an indemnity basis.
12.6: In the event a scheduled payment is made late, the student will not be permitted to attend the Course or if in attendance, will be requested to leave the Course until such time as the outstanding payment and late fees have been finalised. The student may return to the Course if payment of the outstanding amount is made.
13. REFUNDS
13.1: Deposits are strictly non-refundable and non-transferable except for circumstances where the applicant has been refused at the enrolment stage.
13.2: In the event the course has commenced, course fees will be strictly non-refundable and non-transferable.
14. DISCIPLINARY PROCEDURES
14.1: All students must uphold a professional level of conduct by adhering to these Terms and Conditions and any instructions or policies provided by the training staff during the course.
14.2: Students may be expelled from a Course or other disciplinary action taken in our discretion should they engage in any of the following conduct:
(a) failure to abide by these Terms and Conditions or the directions of our staff;
(b) disrupting the Course class or unreasonably refusing to participate in class activities;
(c) being under the influence of drugs or alcohol during a Course class, or during any external activities arranged by us;
(d) failure to maintain a polite and respectful demeanour towards others;
(e) failure to submit or complete required tasks;
(f) misuse of any confidential information (including but not limited to, Course materials); or
(g) behaving in a manner that is inconsistent with our expected standards of behaviour, as determined by us in our sole discretion.
14.3: A student that has been expelled will not be entitled to a refund of their Course fees nor will they receive any further training or Course materials.
14.4: For the avoidance of doubt, a student that has been expelled cannot divulge any information in relation to the Course material or the Course material notes to any third party.
15. NON-COMPETE
15.1: The Course materials and training processes are solely owned, used and supplied by us for the purposes of providing fashion business and design training courses.
15.2: A student who has wholly or partially completed a Course is prohibited from portraying or holding out that they are qualified educators or trainers of that Course or that they have any affiliation with us other than as a student.
15.3: A student who has wholly or partially completed a Course must not be interested or otherwise involved in any business which is the same or similar to our business or provides fashion business or design training within 12 months of completion (whether wholly or partial) of a Course.
16. WARRANTY & LIABILITY
16.1: We are bound by all legal guarantees and warranties expressed or implied under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other legislation to the equivalent effect, the effect of which cannot be excluded by these Terms and Conditions.
16.2: To the maximum extent permitted by law (and subject to clause 17.1):
(a) we do not warrant or represent the suitability of the Course or the Course materials for any purpose;
(b) we do not claim, represent or warrant the suitability of any Courses for any person;
(c) the student agrees that Course materials are intended as a learning aid and guide only and are not a substitute for tailored advice or private study;
(d) the applicant/student acknowledges that it has not relied on any representation, warranty, promise, forecast or statement made by us in deciding to enter into these Terms and Conditions;
(e) we will not be liable to any student for any loss, whether direct, indirect, incidental to or consequential, under any statute or otherwise (including negligence) arising from or connected to a student’s participation in the Course or reliance upon any Course materials; and
(f) to the extent we are liable in relation to the supply of services, our liability is limited (at our election) to supplying the services again or payment of the cost of having the services supplied again.
16.3: Our liability for loss or damage of any kind arising under or in connection with a Course or these Terms and Conditions is reduced to the extent (if any) that the student causes or contributes to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
17. CONFIDENTIALITY & INTELLECTUAL PROPERTY
17.1: The student acknowledges that the Courses and the Course materials (“Materials”) are owned by us.
17.2: Students must not modify, copy, adapt, store in a system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Materials, under any circumstances.
17.3: Enrolled students may retain Materials provided during a Course for the sole purpose of reviewing the content and Materials.
17.4: The Materials and any ancillary materials or documents owned or used by us in connection with the sale of the Courses and promotion of its business contains intellectual property which is owned by us and protected by law.
18. FORCE MAJEURE
18.1: We will not be liable for any delay or failure to perform under these Terms and Conditions if and to the extent that such failure is due to matters beyond our reasonable control. Matters beyond our reasonable control include pandemic, changes in law or regulation or other acts of any governmental authority, strikes, lockouts, boycotts, adverse weather conditions, disruption to transportation and civil disorders or other similar acts or causes beyond our reasonable control.
19. SEVERABILITY
19.1: If the whole or any part of a provision of these Terms and Conditions is rendered void, illegal or otherwise unenforceable in a particular jurisdiction, it is severed for that particular jurisdiction.
19.2: The remainder of these Terms and Conditions has full force, effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
19.3: This clause will have no effect if the severance of the whole or part of a provision alters the basic nature of these Terms and Conditions or is contrary to public policy.
20. GENERAL PROVISIONS
20.1: These Terms and Conditions may only be varied or replaced by written agreement.
20.2: These Terms and Conditions and the Enrolment Application constitute the entire agreement between us and the applicant/student and supersedes any prior written or verbal agreements, arrangements, contracts or prior communications between us and any applicant/student.
20.3: These Terms and Conditions are governed by and is to be construed in accordance with the laws applicable in Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Australia and any courts which have jurisdiction to hear appeals from any of those courts.