Terms and Conditions

All enrolments are subject to the Braz-en Terms and Conditions. Please see the Terms and Conditions detailed below:

1. Definitions

1.1 In this agreement, “Braz-en”, "our", "we" and "us" refers to Braz-en Language Experts Pty Ltd (ACN 137 835 388), and “student” "client", "you", "your", “he”, “his”, “she”, “her”, "they", "their" refers to you, the person;

1.2  “The School” or “classroom” refers to the designated place of learning, tuition, training or external excursion. This may include the “traditional” style classroom or a restaurant, bar, club, theatre, cinema, park, beach or street which the student may visit as part of the program in which they are enrolled;

1.3 “The language” refers to the language that the student intends to learn within the course that he or she is enrolled or is enrolling;

1.4 “The course” refers to the course, training program or proficiency level that the student is enrolling or participating or attempting to enroll or participate.
2. Enrolment

2.1 It remains the student’s responsibility to satisfactorily complete the enrolment process, including accurately and honestly completing any required enrolment forms, prior to the commencement of the course; 

2.2 Students must pay the course fee, in full, prior to the commencement of the course; 

2.3 Students are not considered as being accepted or admitted into a course until a) all enrolment forms have been completed to our satisfaction, b) all monies have been paid in full, c) students have satisfactorily passed (any) entry requirements for the desired course / level, and d) a receipt has been issued by us; 

2.4 If any student does not satisfactorily complete the requirements as set out within 2.1 to 2.3, due to circumstances outside of our control, prior to the course commencement date, any preceding lessons that the student has missed will be forfeited and no refund or reduction will be considered.
3. Payments

3.1 Payment may be made by direct bank deposit, cheque or cash; 

3.2 Payment by cheque must be made at least 5 working days prior to the commencement of the course. All payments made by cheque remain subject to standard clearance periods, usually 3-5 working days (excluding public / bank holidays), unless we have agreed to alternative arrangements;

3.3 In the circumstances where a student’s cheque is returned unpaid (i.e. dishonoured) for any reason, the student must pay any outstanding amounts plus any additional bank charges imposed upon us by our bank, within 7 days or prior to any further lessons, whichever comes first;

3.4 All payments are final and no refunds will be given, except as outlined within section 7;

3.5 We reserve the right to vary prices and amounts due, from time to time. Students will receive a minimum of 14 days notice for any proposed price increases or changes; 

3.6 Course fees and prices will not vary for a particular course, once the student has paid in full, except as may occur in the circumstances of clause 3.3 or 13.
4. Changes

4.1 We will make every effort to provide individual lessons and courses in accordance with our course outline and original commitment to the student. However, from time to time, circumstances may require for a change in school, classroom, teaching material or teacher. If this occurs, where possible, we will make alternative arrangements for a replacement to be made available of a similar standard / qualification; 

4.2 Any additional costs that may be incurred by a student in travelling to or attending alternate classes, venues, dates or times remain the student’s responsibility; 

4.3 If a student wishes to change his or her course, he or she may do so however any change remains subject to a) our acceptance, b) the student’s ability to meet entry requirements for any new course and c) cancellation fees as outlined in 5.2.
5. Cancellations

5.1 We reserve the right to cancel the course 48 hours before the scheduled date. In such circumstances, the student will be offered a full refund of the course fee or a credit for the next suitable course; 

5.2 The student has the right to cancel a private tuition 48 hours before the schedule date. In this case a new class will be arranged between teacher and student. Otherwise, no refund will be given; 

5.3 If the student does not show up for the private tuition no refund will be given; 

5.4 If the student withdraws from the course after the commencement date, no refund will be given. Please note that this includes situations where a student wishes to change to another course level. In this instance, 30% of the student’s fee paid for the cancelled course will be credited towards the course fees of the desired level, if and when the desired level is offered in the future; 

5.5 Where the entire course or individual lesson is cancelled due to our inability to provide the lesson or course, an alternate lesson or course will be offered to the student.
6. Code of Conduct

6.1 Students are expected to behave themselves in a professional, courteous, polite and respectful manner at all times. Any student not behaving in a manner deemed to meet this description may be expelled. In the circumstance where a student is expelled, all course fees and remaining classes will be forfeited; 

6.2 Unaccepted behaviour consists of, but is not limited to: 
-      A student arriving to or being in the classroom when intoxicated or under the influence of illegal substances; 
-      Defamation, verbal, emotional or physical abuse, harassment, or otherwise violation of the legal rights (such as rights of privacy and publicity) of others; 
-      Use racially, ethnically, or otherwise offensive language; 
-      Discussion of or incitement of illegal activity; 
-      Use of obscene or offensive language or solicitation / exhibition of sexually explicit images (actual or simulated). 
-      Exhibition of anything that exploits children or minors or that depicts cruelty to animals; 
-      Use of any copyrighted or trademarked materials without the express permission from the owner;
-      Dissemination of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;

6.3 We reserve the right to make an assessment and judgment relating to the student’s conduct, behaviour or intoxication levels, and ultimate suitability to remain in the classroom and course.
7. Refunds

7.1 If a student cancels the course 14 (calendar) days or more prior to the commencement date of his or her course, the student is entitled to a) a full refund of the course fee, or b) a credit, equal to the amount paid, toward an alternate course; 

7.2 If the student cancels a course within 14 (calendar) days of the course commencement date, no refund or credit will apply; 

7.3 Any request for a refund must be made, in writing, to us more than 14 (calendar) days prior to the commencement date of the affected course; 

7.4 When a student has requested that his or her enrolment in a course be cancelled, and a refund to be made, and he or she is eligible for a refund, the refund will be made to the student within 7 (calendar) days of the request being received by us.
8. Certificate of Attendance

8.1 Any student who successfully completes any course will be eligible to receive a certificate of attendance; 

8.2 To successfully complete a course, the student must a) demonstrate proficiency in the language to the level expected of the course, b) achieve 80% attendance of all classes (i.e. 7 of 9 classes), and c) actively participate in class work, class discussion and homework, as requested by us; 

8.3 A student must conclude a course prior to progressing to any higher levels (unless a specific exemption has been granted by the Course Director).
9. Use of Material(s)

9.1 We grant you a limited, personal, non-exclusive and non-transferable license to use our course materials during and for the completion of your course with us. This license includes the use of paper based, video, audio and any “impromptu” additional material that may be developed during individual classes for the purpose of you completing the course; 

9.2 It is strictly forbidden to use, copy, duplicate or distribute any of our course material or content without our express and written permission.
10. Dispute and complaint handling

10.1 All disputes or complaints are to be made directly to our Course Director, in writing, as soon as is practically possible. We will acknowledge receipt of your dispute or complaint within 7 (calendar) days of it being received, with a proposed action plan and timetable for its resolution; 

10.2 We are committed to providing students with a timely, efficient and effective dispute resolution process. The process we will follow consists of, a) reference to the individuals and / or events subject to the dispute or complaint to gain all the facts, b) reference to our terms and conditions (or other relevant laws) to ascertain rights and obligations, c) (where practical) mediation between the parties, and d) a judgment to be made by our Course Director; 

10.3 To the extent permitted by law, all judgments and decisions by our Course Director will be final; 

10.4 In the event that the dispute or complaint involves a criminal matter, it will be referred to the appropriate law enforcement authority.
11. Governing Law

11.1 This Agreement is made under, shall be governed by and construed in accordance with the laws of the state of New South Wales and Australia. The state and federal courts of New South Wales, Australia, will have exclusive jurisdiction.
12. GST and Taxes

12.1 You agree to pay any and all taxes or other fees that are imposed upon us now or in the future, due to the transaction and/or the delivery of products or services that you purchase through us.
13. Guarantees and Indemnities

13.1 You agree to indemnity us against any and all damage or unreasonable expense incurred due to your misconduct or misbehaviour; 

13.2 We do not guarantee or indemnity you for any loss, inconvenience or harm caused by your purchase of any third party products or services that may be advertised or promoted on our website, learning material, publications or via our introduction. Any purchase and subsequent use of any third party products or services remains a transaction between you and the product or service provider. You will need to use your own judgment regarding their suitability and quality levels.
14. Privacy Policy

14.1 We promise to never sell, provide or release our student’s details to any third party without the express written permission of the individual student concerned. Student’s details include their name, address, contact details, photo or any identifiable feature.
15. Force Majeure

15.1 A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity [or telephone service]. No party is entitled to terminate this Agreement under Clause 16 (Termination) in such circumstances.
16. Termination

16.1 If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 15 (Force Majeure).