Academy Terms & Conditions
TERMS OF SERVICE
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: INKOLOGY CLINICS Pty Ltd T/A OHMYBROW Academy
Our address is: SHOP G01 / 48 Hawker Street, BROMPTON SA 5007, Australia
You are: a visitor to Our Website / our customer
The terms and conditions:
1. DEFINITIONS
In this agreement:
“The OHMYBROW Shop & The OHMYBROW Academy” means INKOLOGY CLINICS Pty Ltd
2. OUR CONTRACT TO YOU
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, does not rely on any representation, warranty, information or document or another term not forming part of this agreement. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission made by you.
Because we rely on our trainers and suppliers, we do not guarantee that the Goods or Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. The price of Goods and Services may be changed by us at any time. We will never change a price to affect the price charged to you at the time when you buy those Goods or Services. If in the future, you buy Goods or Services from us under any arrangement that does not involve your payment via Our Website; these terms still apply so far as they can be applied. We do not sell Goods and Services in all countries. We may refuse to deliver the Goods or Services if you live in a country we do not serve.
3. SECURITY OF YOUR CREDIT CARD
We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions that you have initiated.
4. DISCLAIMERS
The law differs from one location to another. This paragraph applies so far as the applicable law allows. All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods or Services, at any time and without advance notice. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find. We give no warranty and make no representation, express or implied, as to:the quality of the Goods or Services; any implied warranty or condition as to merchantability or fitness of the Goods or Services for a particular purpose; the correspondence of the Goods with any description; the adequacy or appropriateness of the Goods or Services for your purpose; the truth of any Content on Our Website; non-infringement of any right. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods or Services. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods or Services you have purchased.
5. YOUR ACCOUNT WITH US
You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Goods and Services. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password as soon as possible.
6. RESTRICTIONS ON WHAT YOU MAY POST ON OUR WEBSITE OR EDUCATIONAL PLATFORMS
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may: be malicious or defamatory; consist in commercial audio, video or music files; be illegal, obscene, offensive, threatening or violent; be sexually explicit or pornographic; be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business; solicit passwords or personal information from anyone; be used to sell any goods or services or for any other commercial use; link to any of the material specified above, in this paragraphs: engage in age-inappropriate communications or Content to anyone under the age of 18.
7. HOW WE HANDLE YOUR CONTENT
Our privacy policy is strong and precise. It complies fully with current law. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights. We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential. Please notify us of any security breach or unauthorised use of your account.
8. INDEMNITY
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: your failure to comply with the law of any country; your breach of this agreement; any act, neglect or default by any agent, employee, licensee or customer of yours; a contractual claim arising from your use of the Goods or Services; a breach of the intellectual property rights of any person.
9. INTELLECTUAL PROPERTY
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). Except as set out below ,that you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10. COURSE REGISTRATION
Enrolling in the course ensures your reservation for the upcoming session. To secure your seat, please complete the online registration process, which includes a payment of $750.
Registrations for training are taken very seriously and we have a team of organisers who make arrangements upon your deposit being placed. Calendars are blocked out and the mechanics to organise such a complex event begin almost immediately. For this reason, we strictly DO NOT ACCEPT requests for refunds. Please note OHMYBROW Academy complies with Australian Consumer Law in regard to refunds. We are not required to provide a refund if you change your mind about the course that you chose to enroll in.
11. FINAL PAYMENT
Your final invoice is due no later than 14 days prior to the live course commencement date (unless otherwise discussed in writing). You should receive an email with payment instructions. It will be assumed your registration has been canceled if payment is not received/arranged by this time and the deposit will be lost.
10. STUDENT LOANS
No course will be scheduled unless full payment has been recieived. We can not hold spaces in upcoming classes.
Pre-Payments are final and strictly non-refundable.
Students may submit a written request to temporarily suspend pre-payments. The payment hold will be applicable for a one-month duration. Additional hold requests must be submitted separately, and the administration will approve a maximum of two holds per account.
11. COURSE RESCHEDULING AND CANCELLATIONS
21 days notice must be provided if you wish to reschedule your course so the trainer can reopen their calendar again (if required). We will hold your deposit for 3 months and apply it to any future course. Please note, deposits will be lost if you make any changes to the booking date after the 21-day cut-off period.
Rescheduling and Cancellations made by conditions outside the control of an individual will be handled on a case-by-case basis. e.g. Covid, accident or another illness. Proof will need to be supplied along with any provisions to the trainer that they require. e.g. medical certificate. A reschedule fee may be required depending on the date notified to cover the costs incurred that cannot be recovered during this period e.g catering costs, printed certificates, rostered staff, etc. We only allow for a total of one (1) reschedule per course registration. If the trainer needs to make a change to the event date or venue for any reason, students are given the option to reschedule or cancel with no financial penalty.
Cancellations made by change of mind or for other reasons that cannot be supported with evidence, within 7 days of the workshop date may result in the student being charged 50% of the total training cost.
12. STUDENT MODELS
Models may be required to complete your training. Models CANNOT be pregnant and must have NO allergies or health conditions that may prevent the treatment from being completed. It is the student’s sole responsibility to find a suitable candidate for the training exercises. It is highly recommended students secure a "refundable" deposit from the model to ensure that they are committed. In the event the student has not been able to acquire a model, they will need to return at a later date with an additional cost of $400 Plus GST to fulfill the remainder of the training for practical certification. We simply cannot ensure the student is industry ready without this component completed. Cancelling or rescheduling the entire course due to the lack of obtaining a model is NOT a valid reason.
13. CROWD NOTICE AND RELEASE
Please note that there may be filming and photography during this class that we may use for our promotional purposes. If you choose not to be involved, please let your trainer know in advance.
14. WORKSHOP EXPECTATIONS
14.1 NON-DISCRIMINATION: The principle of non-discrimination seeks “to guarantee that human rights are exercised without discrimination of any kind, based on race, color, sex, language, religion, political or others opinions, national or social origin, property, birth or another status such as disability, age, marital and family status, sexual orientation and gender identity, health status, place of residence, the economic and social situation”. All students are expected to follow this policy. If you feel that any of our content or behavior falls outside of these guidelines please bring it to our attention immediately.
14.2 COURSE FEEDBACK forms will be provided at the end of your workshop. Please fill them out as accurately and honestly as possible. Feedback is highly encouraged and will be used to amend future course structure if required. If you need to add any further feedback privately, please do so within 72 hours via email to: academy(at)ohmybrow.com.au and we will respond in a timely manner. Course feedback after this date will not be considered as there may be students who lose interest and complain to seek refunds. Student opinions regarding the course ‘effectiveness’ or ‘suitability’ will not be considered until they have given it a fair attempt to complete the program in its entirety.
15. ONGOING LEARNING AND SUPPORT
15.1 DIDACTIC LEARNING is a teacher-centered method of instruction in which teachers deliver and students receive lessons, best suited to the brief delivery of factual information. Training is designed to be consumed and practiced over a 3 month period. Such training requires a lot of practice and determination to achieve great results. Course outcomes are acquired when students have completed the program in FULL therefore, we cannot guarantee individual student results until such time. Change of mind or loss of interest after the workshop without completion of all tasks and activities to the teacher’s standard DOES NOT warrant a refund.
15.2 SUPPORT GROUP
At some time between course registration and the workshop date, you will receive an email that provides you exclusive access to a Facebook group. This group allows you the opportunity to ask your fellow peers as well as your trainer, training-related questions.
15.3 GUIDED EXERCISES
Your trainer will provide practical exercises as part of your guided support to help you refine your technique and artistic ability. Each of these should only take 5 minutes to complete. These practical exercises will be available on your student vault. If you cannot find them please contact admin via email at admin@ohmybrow.com.au. Guided exercises are an optional component of training and no refund will be given if the student chooses not to fulfill this additional home-based task. Exercises are to be submitted to the Facebook Group for feedback.
15.4 SUPPORT ETIQUETTE
Your trainer will respond to Facebook group submissions within 24 hours, however most times they will reply immediately. All messages sent through this group must be course-related as outlined in the guided support program. Students are required to initiate all communication. Teachers will not prompt students for action or follow up on their progress. The trainer will match the level of energy input by a student. We are not responsible for the sloppy use of the platform. If you are unsatisfied with the trainer’s response or if it requires further feedback please reach out again or schedule a call so we can understand your individual learning needs.
15.5 1HR BUSINESS STRATEGY CALL
Access to your 1 Hour Business Strategy Call with Sara Mac will be granted only when ALL theory and quizzes have been completed online. To respect the trainer’s busy schedule, any business strategy calls canceled within 72 hours will not be able to be rescheduled. The service will be forfeited.
15.6 FREE BED HIRE
To help you overcome any roadblocks, OHMYBROW has included free bed hire at our studio so you can complete your first treatment(s) within arms reach of a trained professional. Access to the free studio bed hire at OHMYBROW will be granted only when ALL theory and quizzes have been completed online. A maximum of two (2) free bed hires per student per workshop is available. Your time here will be lightly supervised as you demonstrate the learned procedure independently. If you choose to use our studio, you MUST bring your tools and the sterile pack we provided as part of your student kit. Forgetting them will result in you purchasing missing items from the shop. A booking link will be provided to you to arrange this component. Please note: this is NOT 1:1 training.
15.7 COURSE MATERIAL EXTENSIONS
This application is for an OHMYBROW Academy student who is seeking an extension of online materials. Request for an extension can be made using the link supplied in the course follow-up email. A $200 fee will be payable to extend a 3-month extension.
15.8 INDUSTRY-READY GUARANTEE
Industry-Ready Guarantee means students can re-attend the EXACT same workshop as many times as necessary within 12 months of the original workshop date. Referred to as a “re-sit”. Offer only applies for confirmed workshops that have other (paid) student registrations. The Re-Sit offer does NOT INCLUDE ongoing vault access, student kit, catered lunch, certificate renewal or shadowing of models. In some circumstances and for good reason these details can be negotiated directly with Sara Mac and the final decision will be up to her discretion. If a student needs tools to complete the workshop again, they are expected to purchase these items.
Terms that void the “Industry Ready Guarantee”:
Breach of any training contractual terms and conditions
Giving less than 21 days’ notice to reschedule/cancel will void the re-sit
Failing to show up to a confirmed re-sit.
16. STUDENT BRECH
16.1 OHMYBROW RIGHT TO CANCEL STUDENT CONTRACT
OHMYBROW has the right to cancel the contract if the student breaches any terms or displays behavior that jeopardizes mutual respect or business relationships. Professional betrayal can include but is not limited to; intentions of misusing intellectual property, contacting OHMYBROW trainers directly (such as Instagram) in attempts to undercut the academy, slandering the company or its representative’s publicity, displaying extreme negativity on community platforms and any type of bullying or harassment directly or on any supportive platform to name a few. Initiating complaints to third parties or legal proceedings without giving OHMYBROW a fair chance and/or reasonable time to meet student expectations will also result in being removed from all program materials, contact, and platforms indefinitely or until the matter is resolved.
16.2 NON-SOLICITATION
During the term of this Agreement and for twelve (12) months thereafter, students shall not solicit, induce, or encourage any employee, trainer or contractor of OHMYBROW to accept an offer of employment, training, or any other service-related engagement.
17. CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to: academy(at)ohmybrow.com.au
Updated 1 Dec 2023