TERMS AND CONDITIONS
This website, www.learntofilm.com.au (“the Site”), is owned and operated by Learn to Film Pty Ltd (“Supplier”).
For the avoidance of any doubt, Learn to Film Pty Ltd is comprised of the following entities: Learn to Film of Learn to Film Pty Ltd (“Learn to Film”). The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees.
By using, browsing and/or accessing the pages or services in the Site, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If You do not agree to these T&C’s, please do not use the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers liability to You. You further agree that You will not use the Site for any unlawful purpose. In the event that You do not wish to be bound by these T&C’s, please do not use browse or access the Site.
The provision of all services and/or orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the Site/s.
- Governing law
The Supplier controls and operates this site on servers in a secure hosting facility in Sydney, NSW Australia. These T & C’s are governed by the parliament laws of Australia. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to You.
- Revisions to T & C’s
The Supplier may at its absolute discretion, revise or amend these T&C’s by posted revised T&C’s. Any revisions made will be in force effective immediately, and You agree to any revisions to the T&C’s by your continued use of the Site. If You do not agree to the newly posted T&C’s, You agree that your only remedy is to discontinue your use of the Site.
The Supplier shall always use reasonable endeavours to ensure that correct and up to date information is posted on the Site, however does not guarantee that the correct and relevant information will always be available on the Site. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
- Site content, ownership, and use restrictions
The material on the Site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier.
The display of the Contents is not intended to be a comprehensive compilation of all of the Suppliers worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.
- Advertising & Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and/or Learn to Film and the Supplier and/or Learn to Film shall not be held responsible for the contents of any such information or website. The Supplier and/or Learn to Film do not endorse any of the linked websites, rather these are provided for Your convenience. Third parties are solely responsible to You, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services You purchase on the third-party website and you use any third party websites at your own risk.
You further agree that the personal data You choose to give to unrelated third parties is not covered by the Supplier’s privacy policy and You are encouraged to review the privacy policy of any company or website before submitting your Personal Information. Some third parties may choose to share their personal data with the Supplier and/or Learn to Film and You acknowledge any such sharing is governed by that third-party company’s privacy policy.
- Personal, non-commercial use
You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
We encourage You to carefully read the Suppliers Privacy Policy (“the Privacy Policy”). You agree, and unless other consents or notices are required by law, that using, browsing and/or accessing the pages or services in the Site, that You will be bound by the terms of the Privacy Policy and to the use of such personal information and any submissions by the Supplier and/or Learn to Film in accordance with the Privacy Policy.
You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the T&C’s, or to cause damage on or through use of the Site. You warrant to the Supplier that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material.
- Prohibited conduct
You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that You access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.
All intellectual property rights, including all content and materials on the Site, are retained by The Supplier and/or Learn to Film. Any unlawful use or modification of the content and materials of the Site, will be found to violate the intellectual property rights of the Supplier and/or Learn to Film. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
- Licence to use
You grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that You transmit to this site or otherwise provide to the Supplier from the time You authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to You or any third party.
You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of the Supplier and/or Learn to Film or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, You warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.
Any and all photos, footage & or filming of you and filming content/production made or done during the course you take with Learn to Film is owned by Learn to Film and we can use it for any web, online, sales, broadcast or advertising use with an unlimited restriction period.
Learn to Film is the rightful owner and producer for any content create or developed during your course.
- User conduct
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&C’s.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Indemnity
You agree to indemnify and will keep the Supplier and/or Learn to Film indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.
- Intellectual Property
Intellectual Property developed throughout the Supplier’s dealings with You remains the property of the Supplier unless specifically stated otherwise. Any unauthorised use of the Intellectual Property of the Supplier and/or Learn to Film, will be considered a breach of these T&C’s and may attract further consequences, including but not limited to legal action. Any sharing of any of the Intellectual Property of the Supplier and/or Learn to Film shall be considered a strict breach of these T&C’s. Should You undertake any action breaching the Intellectual Property rights of the Supplier and/or Learn to Film, further action may be taken against you, including but not limited to the immediate termination of any existing agreement between You and the Supplier.
- Fees and Payments
All prices are exclusive of GST unless otherwise specified. Prices displayed on the Site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales.
You may enter into a finance arrangement with the Supplier for the payment of services available through the Site. The minimum deposit payable by You, for services offered through the Site is ten percent (10%) dependent on the payment plan you’ve chosen.
Our payment options are as follows: (DISCOUNTS DO NOT APPLY TO PAYMENT PLANS)
These are our 2 finance payment options:
Plan 1 – Pay 10% deposit and monthly instalments each month for 6 months interest free.
Plan 2 – Pay a 30% deposit upfront only, nothing else to pay for 6 months after the last day of course completion.
Any of our Pay later (finance) options have a minimum courses spend of $999, you cannot utilise any of our discount offers when taking up any of our payment plans.
Should you choose to enter into a finance arrangement with the Supplier, this may be subject to further terms and conditions as outlined.
In any event, any payments that become overdue may be collected through debt collection services, at the expense of You. Further, overdue payments will attract interest at a rate in line with the current local court interest rate accruing from the day that the payment becomes due, until full payment is received by the supplier.
In the event that any payment becomes overdue the Supplier may immediately cease providing services to You until such date as payment is made. For the avoidance of any doubt, the Supplier and/or Learn to Film will not be liable for any loss or damage you may suffer due to the fact that the Supplier was exercising their right under this clause.
Further, you agree to indemnify and keep indemnified the Supplier and/or Learn to Film against all costs and disbursements, including legal costs, incurred by the Supplier as a result of any defaults on payment.
All prices are in the Australian Dollar.
- 100% Money Back Guarantee
If you’re not satisfied, we’re not satisfied. That’s why we’ll happily refund your course fee if you don’t find any value from what you’ve learnt with us. The conditions of our money back offer is that you must advise us no later than 30% of your course duration. A good guide would be a 5 day course runs 5 days and each days value is 20% as five lots of twenty percent make 100%. So if 20% equals one day, then 30% equals 1.5 days, meaning you must advise us that you are unsatisfied with your course half way through your second day of a 5 day course and so on with all other courses.
To be eligible for the money back guarantee you must satisfy our conditions that you are not a competitor seeking to learn our systems, processes and or module content. This would deem a breach of our code of conduct.
- Hiring of Equipment
The Supplier and/or Learn to Film may from time to time, offer You the opportunity to hire equipment from third parties at a discounted rate on completion of your course.
- Confidential Information
During the course of any dealings with the Supplier and/or Learn to Film confidential information may be shared between the parties. Confidential Information means information/material relating to a party which comes into the possession or knowledge of the other party, and includes but is not limited to, strategic, corporate and financial information. A party to the Confidential Information agrees that during the term of the agreement, and at all times after that, they will not disclose any Confidential Information, directly or indirectly, to any third party. Should You disclose any Confidential Information this will be considered a breach of these T&C’s.
- Limitation of liability
Our total liability to You (if any) in connection with the Site, or with these T&C’s or any goods or services supplied under them, will be limited to your discontinued use of the Site. To the maximum extent permitted by any applicable law, the Supplier, Learn to Film and any other party (whether or not involved in the creation, maintenance, development or delivery of the Site) and the directors, officers, managers, employees, members, shareholders or agents of the Supplier and/or Learn to Film exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind that may result to You or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Site or any website linked to the Site.
Further, the Supplier and/or Learn to Film will not be held liable for server outages, including but not limited to software failure, hardware failure or internet connection failure. The Supplier and/or Learn to Film will not be held responsible for any losses or damages that may occur due to these server outages.
Nothing in these T&C’s shall limit or exclude the Suppliers or Learn to Film liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or Learn to Film liability shall be limited by the maximum extent permitted by law.
- Disclaimer of warranty
The Supplier is providing the Site and the Supplier information, contents, materials and services on an ‘as is’ basis and use of this site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
- IP Protocol Addresses and Web Logs
The Site’s web servers will automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever You visit the Site, along with the time(s) of your visit(s) and the page(s) that You visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Site usage levels, helping diagnose problems with the Site’s servers and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.
- No Assignment and Waiver
You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void.
- Applicable Law, Jurisdiction and Severability
Access to and use of the Site and these T&C’s are governed by the laws of Australia without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Site or compliance with these T&C’s shall be in the jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to You.
In the event that any provision of these T&C’s is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&C’s, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Headings
You agree that the headings used in these T&C’s are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these Terms and Conditions.
- Complete Understanding
You warrant and agree with the Supplier that these T&C’s and the Learn to Film privacy policy, constitute the entire understanding between the Supplier, Learn to Film and You with respect to your use of the Site, including, but not limited to, all orders placed through the Site.
- Dispute Resolution
In the event that You are not satisfied with the Supplier and/or Learn to Film You must initially attempt to resolve the dispute internally. You must notify the Supplier and/or Learn to Film of the dispute and seek discussion and compromise to resolve the dispute. If the dispute is not able to be resolved internally, through informal means, then You must partake in mediation to resolve the dispute, on the same terms as those ordered by the Supreme Court of New South Wales and the costs of the mediation shall be borne equally by You.
Only once You have attempted to resolve the dispute through the above specified methods may You pursue other methods.
- Termination
If at any time any of the above T&C’s are not complied with by You then the Supplier and/or Learn to Film reserve the right to terminate any Agreement that may exist between the parties.
Further, the Supplier and/or Learn to Film reserve the right to terminate the agreement at any time, for any reason whatsoever.
If a student is disruptive, intoxicated, bullying and or disorderly during class, they will be given a reasonable warning but not limited to any number of warnings. Their course can be terminated without refund on the spot.
- Registration, Show Price & Student Info
All information provided to the Supplier and/or Learn to Film, must be complete, accurate and current information. By continuing the use of this Site you agree to comply with any additional copyright notices, information, or restrictions contained in any keywords or other material available on or accessed through the Site.
We will send you emails from time to time where you have to option to opt out from. When clicking the show price button you we automatically be added to our email mailing list for ongoing sales and educational communication.
By submitting information to the Supplier and/or Learn to Film you are granting an irrevocable right to edit, copy, publish, distribute and otherwise use any such content that is posted. All risk and responsibility attached to the distributing of any information on the public domain remains, at all time, with you. By providing any information to the Site You represent and warrant that you are authorised to grant all the preceding rights, and those set out throughout these T&C’s by continued use of the Site.
- Contacting Us
For more information, or if You have any questions about these T & C’s, please contact us at admin@learntofilm.com.au.
- Offers & Discounts
Any offers or discounts only apply to courses that are paid in full on purchase of enrolments. If you choose to take up any of our payment plan options we cannot offer any discounts or promotions.
- Finance & Payment Plans
All our pay later (finance) options come interest free for a total duration of 6 (six) months. We do not offer refinance options thereafter, and full payment of the purchased course is required on the anniversary of 6 months from purchase if you’ve chosen ‘Plan 1’ which is our 10% deposit offer with monthly instalment payments or 6 months from the last day of your course if you’ve chosen ‘Plan 2’ which is our 30% upfront payment offer and nothing to pay until the 6 month anniversary from the last day of the courses completion date regardless of whether you were present or not.
If the payment anniversary arrives and full payment cannot be met, we request you contact us 30 days prior to your 6 month full payment date requirement so that we can offer you a one time only additional 30 day *leniency period. *Leniency period is assessed case by case and we do not promise to approve any and all students who request this, documentation to support your request may be a requirement.
If payment isn’t received in full by your anniversary date or by the last day of your leniency period if approved, then the total debt minus your deposit and or instalments that have already been paid will be assigned to a debt collection house where any additional costs or fees incurred by Learn to Film will be passed on to you.
