terms and conditions

 
  

The following sets forth the terms and Conditions for the ACA Sydney Pty Ltd (ABN 13 601 586 467), trading as Actors Centre Australia (ACA) and website, www.acasydney.com.au and associated sites.
The following terms and conditions govern your use of the ACA website and the materials and information accessible on or from the website. ACA may from time to time change this website (including these terms and conditions of use). Your use of the website means you accept these terms and conditions. If you do not agree with these terms and conditions, please do not visit or use the website.


1. Acceptance of terms of use and amendments
Each time you use or cause access to this web site, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this web site or accessed via this web site, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site's Privacy policy, which is incorporated within these Terms of use by reference.

2. The site editor's service
This web site and the services provided to you on and via this web site are provided on an "AS IS" basis. You agree that the site editor reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Exclusion of Liability and Overall Disclaimer
The materials and information provided on this website and related communications are provided on and "as is" basis. ACA assumes no responsibility for, and makes no representations to you or any other person with respect to the accuracy or availability of the information on this website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by ACA. Subject to any non-excludable provisions in the Trade Practices Act, 1974 (Australia), ACA expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website. ACA shall not be liable to you for any damages whatsoever including, but without limitation, special, indirect, consequential or incidental damages, and including, but without limitation, damages resulting from use of or reliance on the materials or information presented on this website, loss of profits, payments or revenues, business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if ACA is expressly advised of the possibility of such loss or damages.

4. Confidentiality
You should not send any information or material that you consider to be confidential or proprietary, to ACA or any other person, through this website. Any information or material sent to ACA at, or through this website, is deemed to be not confidential. You are deemed to grant to ACA an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through this website. ACA is free to use any ideas, concepts, know-how or techniques that you send to ACA, for any purpose unless limited by law.

5. Copyright
You must comply with all proprietary and copyright notices on this website.
This website is owned by ACA, and subject to copyright. The information on this website is protected under Australian copyright laws.
Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means: copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this website; alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this website which can be accessed through this website; or use or apply, for commercial purposes any material or information on this website, without the prior written consent of ACA.
Any software which you download from this website is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this website are the property of their respective owners.
Nothing contained on this website is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.


6. Links and Third-Party Statements on this website
ACA makes no representations or warranties about any other website which you may access through this website. When you access another website, that Other website is independent from this website, and ACA has no control over the content on that Other website. Any link to another website is provided as a convenience to users of this website. Other websites are not under the control of ACA, and ACA is not responsible for the accuracy of any information on any Other website. ACA does not monitor or review the content of any Other website. You must take your own precautions to ensure that any other website that you access by link from this website is free from viruses, worms, trojan horses and other material of a destructive nature.
ACA will not monitor or review statements made by persons other than ACA ("Third Parties") on this website. Third Parties may post statements or information on some portion of this website, from time to time ("Third Party Posted Material"). ACA makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. ACA expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, ACA is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this website, the use of any other hyper linked website, the use of any Other website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if ACA has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified ACA in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other website, or both.

7. Governing Law
Your rights and obligations under these terms and conditions are governed by the law in force in New South Wales, from time to time.
You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from the courts of New South Wales.

8. Limitations on Use
ACA may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this website. Users are responsible for reviewing this website from time to time to ensure compliance. If ACA makes a request to you to stop using this website or to promptly return or destroy copies of information provided on this website, you must immediately comply with that request, and confirm in writing to ACA within five (5) business days after that request, that you have done so.

9. Product and Services
Products and Services offered by ACA Sydney Pty Ltd (ABN 13 601 586 467) are covered by these terms and conditions. ACA will not guarantee be held liable with respect to third party product or services offered on this site or within its facilities, refer to the terms and conditions of those third parties in all cases.

10. Placement of Order
Any order placed by you from this website is an offer by you to purchase a particular product or service for the stated price (including delivery and other charges) specified in this website at the time you place your order.

11. Acceptance of Order
We reserve the right to accept or reject your offer for any reason, such as the unavailability of any product or service, an error in the price of the product or service or an error in your order. As there may be reasons why we cannot fulfil your order, your contract with us will only come into existence when we advise you that we have accepted your order and receipt of your payment has been confirmed.

12. Pricing
Prices of goods and services and delivery and other charges displayed on the ACA website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing.

13. Payments
Payment of all fees must be made by the date(s) indicated or before receiving the product or service. All payments are to be made in Australian currency, additional fees may apply, however these will be made clear at the point of purchase.

14. Credit Card Payments
Please note ACA accepts VISA and Mastercard for credit card transactions.

15. GST
The prices displayed will be the total purchase price, inclusive of GST.

16. Invoices/Receipts
At the end of the payment process you will be issued a tax invoice/receipt for taxation purposes in the mail or via email.

17. Cancellation by Us
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

18. Cancellation by You
If you need to cancel an order, please contact us immediately. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges. In respect of membership and service subscriptions, ACA's practice is to send a renewal letter prior to the anniversary date of joining or subscribing, with the membership or subscription fee being payable within seven (7) days from the anniversary date. To cancel a membership or subscription during its term, you must notify ACA in writing but no refunds (partial or full) will be issued for any unused portion of the membership or subscription, unless otherwise agreed with ACA.

19. Returns and Exchanges
ACA's terms, conditions and policies relating to Returns and Exchanges are as follows. They apply where a contract has been entered into between us.

20. Refunds
Refund conditions (unless otherwise stated)
i) all deposits are non-refundable
ii) if a student does not make full payment of the specified amount prior to the course commencement date the student will be unable to commence the course, and no refund will be given.
iii) of a student, does not commence a course on the notified date, the student remains liable for the total course fees, and no refund will be given
iv) where a student does not complete a course, the student will remain liable for the total course fees, no refund will be given
v) tuition fees will not be refunded after a student bas commenced a course

21. Events or Shows
We have a no refund policy except for when required to by law or at the discretion of ACA.
ACA reserves the right to cancel or postpone an event to an alternative date. All registered participants affected by such a cancellation will receive a full refund or be offered the opportunity to transfer to the next available event but ACA will not otherwise be liable for any loss, damage or expense arising from the cancellation or postponing of the event.

22. Training
i) In relation to courses ACA reserves the right to;
(a) substitute the advertised tutor for another tutor
(b) substitute an element of training with a similar element
(c) change course information
(d) change course dates and time
ii) For terms and conditions of training refer to course documentation
iii) Payment must be received following the approval of registration form to secure a place in the course.
iv) All students must abide by ACA’s policies and procedures
v) ACA reserves the right to cancel or postpone a course to an alternative date. All registered participants will be offered the opportunity to transfer to the next available course, or elect to receive a full refund for monies paid.

23. Government Funded Courses
Please refer to the policies around the type of Government funding as displayed in relation to the course offering.

24. Protection of fees paid in advance
ACA's Financial Delegations Policy implements rigorous measures to ensure the protection of tuition fees paid in advance by its participants to provide guarantee for these sums.

25. Complaints
Please address all complaints to the General Manager at Actors Centre Australia in writing either via email on management@acasydney.com.au or via post to General Manager, Actors Centre Australia PO Box 361 Leichhardt, NSW 2