Terms and Conditions
Hendersons Education means Hendersons’ Educational Services Pty Ltd
ABN 97 070 097 639
“Customer” means the purchaser of Services from Hendersons Education.
“Services” mean all Services provided by Hendersons Education to the Customer.
“Terms” means these Terms and Conditions of Sale.
2.1 These Terms apply to all Contracts for the sale of Services by Hendersons Education.
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.
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 the Checkout Screen will detail the individual Service components of the Order and their prices, an Invoice Value and payment options (where applicable).
3.3 Subject to reaching a particular value threshold ordered in one single transaction Customers of Hendersons Education may be offered a settlement discount as detailed at Checkout and on the HES Tax Invoice. This settlement discount (if applicable) will only apply if the entire Invoice Value is paid at the time of Order. Customers who opt to pay the Invoice Value in term instalments shall not be entitled to a settlement discount.
3.4 For Hendersons Education Services ordered online by the Customer for the Student the Customer will receive a confirmation email and Tax Invoice from Hendersons Education also detailing the individual Service components of the Order and their prices, the Invoice Value and indicating the deposit payment made and for term payments the dates and amounts due for future payments.
3.5 Payments are to be made to Hendersons Education without any deduction or discount other than as stated in these Terms or in the relevant HES Tax Invoice.
3.6 Apart from the settlement discount referred to in 3.4 above no other discounts are offered or shall apply to any services offered by Hendersons Education.
3.7 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 HES.
3.8 Unpaid and Overdue Invoices may result in the Student being prohibited from entering a HES Classroom.
4. CANCELLATION POLICY
4.1 Requests for cancellation of services ordered from Hendersons Education will be managed by the Customer via the Hendersons Education Website.
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 (which must be supported by the provision of a Medical Certificate from a qualified Medical Practitioner to Hendersons Education) 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.
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.
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.
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.
Hendersons Educational Services Pty Ltd materials, including workbooks and practice exams, are protected by the Copyright Laws of Australia. All rights are reserved. No material may be reproduced, photocopied or used by any person other than the original client. © Hendersons Educational Services Pty Ltd 2018