Academy Policy – Henry Brow Sydney

Terms & Conditions and Student Policy

HOANG LONG NGUYEN TRADING AS HENRY BROW SYDNEY ABN 44 288 342 246

These terms and conditions and student policy (Conditions) as varied from time to time by Henry Brow Sydney apply to the supply of Courses by Henry Brow Sydney to the Student.

The Student agrees that the Conditions apply to the terms on which the supply of Courses (whether or not, but including, pursuant to a Contract) shall proceed. The Conditions apply to the exclusion of and supersede all other discussions, negotiations, warranties proposals or agreements concerning the supply of Courses except and to the extent that Henry Brow Sydney otherwise agrees in writing.

Any terms or conditions that are specific to a Course in which a Student is Enrolled shall form part of these Conditions. In the event of any inconsistency between such terms and conditions and these Conditions, then such terms and conditions shall prevail,

These Conditions may be revised or updated by Henry Brow Sydneyat any time by publishing revised or updated Conditions on its Website, which revised or updated Conditions shall be binding on the Student from the time of publication on the aforementioned website. The Student should check the website regularly for the most up to date version of the Conditions.

Definitions

1.1 In the Conditions, unless the context requires otherwise:

(a) Henry Brow Sydney means HOANG LONG NGUYEN, trading as Henry Brow Sydney ABN 44 288 342 246

(b) Authorisation means any licence, consent, approval, permit, registration, accreditation, certification or other authorisation given or issued by any Authority that is necessary for Henry Brow Sydney to supply Courses.

(c) Authority means any government or local authority and any department, minister or agency of any government, and any other authority, agency, commission or similar entity having powers or jurisdiction under any law or regulation.

(d) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in New South Wales, Australia.

(e) Certificate means a document or other notification confirming that the Student has successfully completed a Course.

(f) Contract means an agreement between the Henry Brow Sydney for the supply of Courses by Henry Brow Sydney to the Student.

(g) Course means an educational course provided or made available to Students by Henry Brow Sydney from time to time.

(h) Course Fee means the fee charged by Henry Brow Sydney to the Student for supplying a Course or Courses.

(i) Enrol and Enrolment means the act by the Student of entering into a Contract with, or otherwise agreeing to accept the supply of a Course or Courses by, Henry Brow Sydney.

(j) Force Majeure Event means an act of God, war, natural disaster (such as an earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo or unavailability of supply of products or services by Henry Brow Sydney’s suppliers for reasons that are outside of the control of Henry Brow Sydney that has a material and adverse impact on the Henry Brow Sydney’s ability to supply Course to the Student.

(k) GST has the same meaning as in the A Tax System (Goods and Services Tax) Act 1999 (Cth).

(l) Intellectual Property means all intellectual property of any type or nature whatsoever involved in or associated with the provision of the Course by Henry Brow Sydneyto the Student , including but not limited to Intellectual Property in any Course content, documents and resources.

(m) Privacy Policy means the privacy policy maintained and applied by Henry Brow Sydneywith respect to personal information of the Student, which Privacy Policy is published on the Website (as updated from time to time).

(n) Security Interest means any:

(i) Security interest under the PPSA or security for payment of money, performance of obligations or protection against default (including retention of title arrangement, charge, lien, right of set-off); and

(ii) thing or preferential interest or arrangement of any kind giving a person priority or preference over claims of other persons or creditors with respect to any property or asset,

and includes any agreement to create any of them or allow them to exist.

(o) Student means any person who Enrols in a Course or Courses.

(p) Website means www.lashtiqueprofessional.com or such other website(s) as Henry Brow Sydney may maintain from time to time.

Enrolment, Cooling Off, Transfers, Deferrals and Cancellation

2.1 Henry Brow Sydney may from time to time make Courses available to prospective Students. Henry Brow Sydney reserves the rights to:

(a) Withdraw any Courses from availability; and

(b) to cancel any Course or Courses in which the Student has Enrolled in the event that Henry Brow Sydney determines in its absolute discretion is or are not financially viable to proceed with, whether or not such Course or Courses has or have commenced. If a Course is cancelled in accordance with this clause then Henry Brow Sydney shall refund to the Student the Course Fee actually paid by the Student as at the date of such cancellation and otherwise without penalty.

2.2 Unless otherwise agreed by Henry Brow Sydney, Students must be at least 18 years old (or have the consent and support of a parent, family member, or household member who is over 18) and an Australian resident in order to be eligible to Enrol in a Course. Henry Brow Sydney shall be entitled to reject any application for Enrolment that does not meet such requirements. Special consideration may be given upon request, acceptance of which will be at the complete discretion of Henry Brow Sydney.

2.3 The Student shall be accepted into a Course, and a Contract shall be formed between Henry Brow Sydney and the Student, upon Henry Brow Sydney notifying the Student that the Student’s application for Enrolment in the Course has been accepted by Henry Brow Sydney.

2.4 The Student must apply to Enrol in a Course in such a manner as Henry Brow Sydney directs. Any failure or refusal to Enrol in such manner may result in Henry Brow Sydney refusing to accept the Student’s application for Enrolment or cancel any such Enrolment.

2.5 The Student must provide Henry Brow Sydney with all information (including but not limited to personal information) reasonably required by Henry Brow Sydney for the purpose of consideration of the Student’s application for Enrolment. Henry Brow Sydney shall deal with any personal information so provided in accordance with its Privacy Policy and otherwise in accordance with law.

2.6 The Student must immediately advise Henry Brow Sydney of any changes to any information provided by the Student to Henry Brow Sydney(whether pursuant to clause 2.5 or otherwise).

2.7 The Student warrants to Henry Brow Sydney that all information provided by the Student to Henry Brow Sydney is true and correct.

2.8 The Student may withdraw from any Enrolment by notification in writing by email within 24 hours of completion of Enrolment, in which case Henry Brow Sydney shall refund to the Student the Course Fee actually paid by the Student as at the date of such withdrawal.

2.9 With the consent of Henry Brow Sydney (which Henry Brow Sydney may refuse to give in its absolute discretion), the Student may within 14 days of Enrolment in a Course decide to cancel its enrolment in a course and apply for Enrolment in a different Course. The Course Fee payable by the Student in such a situation shall be the greater of the Course Fee for the cancelled Course and the Course Fee for the replacement Course. Henry Brow Sydney further reserves the right to charge to the Student a reasonable administration fee to cover costs associated with the change of Enrolment.

2.10 Access to Course content will be provided upon successful completion of Enrolment. The duration of access to Course content varies from Course to Course, details of which shall be provided as part of the Course content but is typically 12 months depending on the Course. The Student is expected to complete the Course within the duration of access to Course content and may be denied access to the Course content at the expiry of duration in which case the Student will not be entitled to any refund of Course Fees or any of the benefits associated with completing the Course.

2.11 Subject to clause 2.8, a Contract once entered into or Enrolment once accepted may be cancelled by the Student only if Henry Brow Sydney consents in writing (which consent may be given or withheld in Henry Brow Sydney’s absolute discretion). If Henry Brow Sydney consents to the cancellation of a Contract or Enrolment, then unless otherwise agreed in writing, the Student indemnifies Henry Brow Sydney against all loss, damage and costs or expenses of any kind suffered or that may be suffered by the Student arising directly or indirectly from the cancellation of a Contract.

2.12 Henry Brow Sydney does not warrant or guarantee to the Student, and the Student acknowledges that:

(a) Completion or non-completion of the Course will lead to or result in any satisfactory employment or business outcomes for the Student; or

(b) The Course content will be to the Student’s liking or satisfaction.

Course Fees

3.1 By Enrolling in a Course (including but not limited to by entering into a Contract), the Student agrees to pay the Course Fee payable for such Course to Henry Brow Sydney in such amount and in such manner as is determined by Henry Brow Sydney and notified to the Student during Enrolment. In the absence of anything to the contrary, Course Fees are payable in full immediately upon the completion of Enrolment. The Student is obliged to ensure at all times that it is financially capable of paying all Course Fees as and when they fall due for payment.

3.2 Henry Brow Sydney may (including as an alternative to offering a payment plan pursuant to clause 3.2) recommend to the Student a range of third party finance providers to provide financing options to assist the Student with paying the Course Fee. Any arrangement or agreement concerning the financing of Course Fees is strictly between the Student and such third party finance provider and does not impact on, negative or reduce the Student’s obligation to pay the Course Fees strictly in accordance with these Conditions. Henry Brow Sydney does not and shall not retain or hold any information concerning any arrangements or agreements entered into between the Student and any third party finance provider.

3.3 Henry Brow Sydney makes no representations, promises or warranties as to the suitability of any financing options to the Student and the Student hereby waives and releases Henry Brow Sydney from and further indemnifies Henry Brow Sydney against any loss, cost or expense that Henry Brow Sydney may suffer of incur in connection with the Student deciding to enter into an arrangement with a third party finance provider in relation to the payment of the Course Fee.

3.4 Henry Brow Sydney reserves the right to cancel or suspend the Student’s participation in a Course and to cease supply of Course content to the Student without notice if the Student fails to pay any Course Fees by the due date for payment.

3.5 The Student shall not be entitled to the refund or repayment of any amounts (including but not limited to Course Fees) paid by it to Henry Brow Sydney except in accordance with these Conditions or otherwise in the absolute discretion of HOANG LONG NGUYEN.

3.6 The Student must immediately notify Henry Brow Sydney in the event of any issue, problem or difficulty in meeting its obligations with respect to a Contract, including but not limited to any anticipated inability to pay Course Fees or any other amounts on time. Henry Brow Sydney may, and without otherwise affecting its rights under these Conditions, at its election cancel a Contract in whole or in part in response to such a notice.

Course Assessment and Completion

4.1 Course requirements, Student work performance and obligations and assessment criteria and timing varies from Course to Course and:

(a) where applicable or relevant, shall be notified to the Student at the time of Enrolment or during the Course;

(b) forms part of these Conditions upon notification to the Student.

4.2 The Student shall be issued with a Certificate upon successful completion of a Course, which shall be issued electronically unless the Student requests a hard copy which shall be issued upon payment of the applicable fee. Henry Brow Sydney reserves the right to delay the issue of a Certificate if the Student is or remains in default under these Conditions (including but not limited to in relation to the payment of any amounts payable to Henry Brow Sydney) in any respect until such time as the Student remedies such default.

4.3 Courses are designed to be completed within set timeframes, which depend on the Course.

4.4 If the Student requires more time to complete a Course, it may apply to Henry Brow Sydney for an extension of up to three months Henry Brow Sydney must not unreasonably refuse any request for an extension if the extension request is for more than 1 month and is the first extension request made by the Student. Otherwise, Henry Brow Sydney may refuse to grant any extension request in its absolute discretion. Any extension is subject to the Student having paid all Course Fees due and owing at the time of the extension request and also paying any applicable extension fee.

4.5 A Course shall be deemed to have been abandoned if the Student has not completed the Course within 12 months or paid the Course Fee in full by the due date for completion (plus any extension period) and the Course content will no longer be accessible.

Intellectual Property

5.1 All Intellectual Property remains the property of Henry Brow Sydney and/or its suppliers and vendors (as applicable).

5.2 The Student must:

(a) at all times keep all Intellectual Property made available to it private and confidential; and

(b) use the Intellectual Property solely for the purpose of completing the Course.

5.3 The Student must not:

(a) assert any ownership or other interest in or to or exploit, modify or develop any of the Intellectual Property;

(b) copy or reproduce the Intellectual Property without the written consent of Henry Brow Sydney;

(c) share or make the Intellectual Property available to or accessible by any third party;

(d) do anything that will or may damage, jeopardise the ownership of or bring into disrepute or question.

5.4 The Student acknowledges that the Intellectual Property is integral to the business of Henry Brow Sydney. Failure to comply with the Student’s obligations under this clause 5 shall entitle Henry Brow Sydney to cancel the Student’s Enrolment and/or terminate any Contract with immediate effect by notice to the Student.

Student Conduct and Behaviour

6.1 Henry Brow Sydney may publish on its Website any code of conduct or other policies concerning Student conduct and behaviour. The Student is obliged to familiarise themself with any such code or policy and abide by it.

6.2 Without limitation to the aforesaid, in its dealings with other students and Henry Brow Sydney personnel, the Student must at all times:

(a) behave in a courteous, fair-minded and non-disruptive manner; and

(b) not engage in any conduct that is abusive, unreasonable, discriminatory or threatening or which amounts to harassment or stalking.

6.3 Plagiarism is not tolerated. Students must ensure that all work submitted is their own work, written in their own words. If Henry Brow Sydney reasonably believes that any work submitted by the Student is plagiarised or not completed solely by the Student, Henry Brow Sydney reserves the right to:

(a) Require the Student to re-submit the relevant work;

(b) refuse to issue any Certificate; or

(c) if the plagiarism is excessive or repeated, cancel the Student’s Enrolment and/or Contract without penalty.

Complaint, Feedback and Dispute Resolution

7.1 The Student is encouraged to provide feedback on the Course and their learning experience. Feedback may be used for marketing purposes. If a student does not wish their feedback to be used in this way, they should advise Henry Brow Sydney.

7.2 Any complaints must be made in writing and submitted to; [email protected]

7.3 Henry Brow Sydney shall endeavour to, but shall not be liable to, respond to and resolve any complaint within 10 Business Days.

Default

8.1 If at any time the Student is in breach of a Contract or these Conditions, Henry Brow Sydney may issue a notice to the Student setting out details of the default and requiring the Student to remedy such default within a period of not less than 14 days from the date of the default.

8.2 If the Student fails to comply with a notice issued in accordance with clause 8.1, Henry Brow Sydney may at its election by further notice to the Student:

(a) suspend the supply of any Courses to the Student until such time as the Student remedies all applicable breaches; and/or

(b) cancel any Course or Contract which remains unfulfilled.

8.3 Notwithstanding clauses 8.1 and 8.2, Henry Brow Sydney may:

(a) suspend the supply of any Courses to the Student including any Website access or tutor services; and/or

(b) cancel any Course or Contract which remains unfulfilled,

by notice in writing to the Student with immediate effect if Henry Brow Sydney determines in its opinion that:

(d) the Student is not at least 18 years old or an Australian Resident;

(e) the Student behaves in a way towards other students or Henry Brow Sydney personnel that Henry Brow Sydney (in its discretion) considers to be egregiously inconsistent with its policies concerning Student conduct and behaviour or which conduct is repeated despite request from Henry Brow Sydney to cease such conduct.

8.4 Henry Brow Sydney shall be entitled to recover from the Student, and the Student indemnifies Henry Brow Sydney against, all costs, loss and damage suffered or incurred by Henry Brow Sydney (including recovery agent fees and legal costs on an indemnity basis) in connection with any breach of a Contract or these Conditions.

Force Majeure Events

9.1 If a Force Majeure Event occurs:

(a) the Student shall not be relieved from its obligations under a Contract or with respect to an Enrolment except as provided for in this clause 9;

(b) Henry Brow Sydney may, at its option:

(i) suspend any Course affected by the Force Majeure Event, for a period of up to 12 months or until the Force Majeure Event has abated (whichever is earlier); or

(ii) if the Force Majeure Event has not abated after the end of any period of suspension, cancel the Contract(s) or Enrolment(s) affected by the Force Majeure Event, in which event any applicable Course Fees shall be supplied as a credit against future Course enrolment(s) by the Student

Limitation of Liability

10.1 The Student agrees to the maximum extent lawfully permissible that if Henry Brow Sydney breaches the Conditions or any applicable law, then the Student’s remedy is limited to (at Henry Brow Sydney’s election):

(a) The re-supply of any Course in which the Student was Enrolled; or

(b) Refund of the Course Fees for any Course in which the Student was Enrolled.

10.2 Henry Brow Sydney disclaims all liability whatsoever for:

(a) any consequential or indirect loss and/or expense (including loss of profit) the Student suffers or may suffer; and

(b) any unlawful or negligent conduct of Henry Brow Sydney’s suppliers, agents or contractors.

General

11.1 If any provision of the Conditions is illegal or unenforceable this does not affect the remaining provisions.

11.2 Henry Brow Sydney is entitled to assign any or all of its rights under these Conditions, and any Enrolment or Contract, by notice to the Student. The Student is not entitled to assign any of its rights or obligations under these Conditions or under any Enrolment or Contract without the consent of Henry Brow Sydney, which Henry Brow Sydney may withhold in its absolute discretion.

11.3 Time is of the essence with respect to the performance of the Student’s obligations under these Conditions and under any Contract.

11.4 The Conditions and any Contract shall be construed and applied in accordance with the laws of New South Wales, Australia and are subject to the exclusive jurisdiction of the courts of New South Wales , Australia.

11.5 Henry Brow Sydney reserves the right to vary or amend the Conditions at any time, and any variation or amendment will take effect with respect to Contracts entered into from the date the Student is notified.

Refunds Henry Brow Sydney does not offer refunds on any courses once commenced.
Declaration

12.1 By accepting these Conditions, the Student acknowledges, agrees and warrants that it:

(a) Has read and understood these Conditions and any documents provided by Henry Brow Sydney during the Enrolment Process (including any Student code of conduct or Student behavioural policy published on the Website);

(b) Understands that by signing these Conditions and having its Enrolment accepted, it is entering into a binding Contract with Henry Brow Sydney;

(d) Has reliable access to a stable, virus-free computer or laptop and a reliable internet connection;

(e) Does not have any medical, physical or behavioural conditions that would prevent it from completing the Course or abiding with these Conditions that it has not disclosed to Henry Brow Sydney;

(f) Has disclosed all relevant information in the course of applying for Enrolment.

TERMS OF USE AGREEMENT:

Henry Brow Sydney courses (“Course” or “Courses”) provide training and information in connection with aesthetic procedures (“Procedures”) to a wide range of individuals who utilize the Courses (“Student” or “Students”). Students include, but are not limited to, physicians, nurses, estheticians, medical aestheticians, body workers, cosmetologists, healthcare practitioners and tattoo artists. The Courses are open to the general public. Henry Brow Sydney does not pre-screen Students as to any particular Student’s background, expertise and licensing. The Procedures may be used by a wide range of providers depending upon the providers’ licensing and level of expertise. Henry Brow Sydney makes clear to the Students, and the Students understand that the Courses do not provide advice as to what Procedures Students may lawfully engage in performing. Henry Brow Sydney makes no representations nor advises its Students as to the licensing, if any, that is required to engage in the performance of the Procedures.

Therefore, and based upon the foregoing, Students must research and acquaint themselves with the laws applicable to the legality of the Students’ performance of the Procedures. It is up to each Student to make sure that before any Procedure is performed by that Student, the Student is compliant with all state and federal laws, rules and regulations including but not limited to any regulations that govern that Student’s legal ability to perform a Procedure.

Henry Brow Sydney makes no representations and/or warranties in connections with the Courses. The Courses are not a substitute for medical advice, diagnosis or treatment. Reliance on the information in the Courses for procedural purposes is to be used at your own risk. If you have questions or concerns, contact a medical professional prior to treatment. Henry Brow Sydney is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them.

Henry Brow Sydney is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects pertaining to procedural operation.

Students release Henry Brow Sydney trading of all liability regarding the use of the Course and associated training material and/or any products or devices manufactured or sold by any other company.

Henry Brow Sydney trading grants Students who purchase a Course a non-exclusive, non-transferable, revocable access and use Henry Brow Sydney copyrighted Course and any associated materials solely for your own personal and non-commercial, non-duplicatable use (unless stated otherwise e.g., downloadable intake forms). The Courses are protected under copyright law. The copying, redistribution, use or publication by you of any of the content within our course is strictly prohibited (again, unless stated otherwise). A Student’s purchase of a Course does not grant the Student any ownership rights to our Course. Any breach in the terms of this Agreement may result in termination of your access to the Course materials and can be subject to a fine up to $500,000.

Henry Brow Sydney not responsible for purchases made without prior knowledge resulting in attempted return or exchange. As stated in our Refund Policy and Terms of Use Agreement “ALL SALES ARE FINAL” for all purchases made from Henry Brow Sydney under all circumstances.

All customers and students release Henry Brow Sydney of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.

Henry Brow Sydney respects the intellectual property rights of others and Henry Brow Sydney asks that you do the same. Except for any third-party content used as part of the Henry Brow Sydney site, training and materials, please understand that the data and materials on the Henry Brow Sydney site, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Henry Brow Sydney site (collectively, “all course content”) are the intellectual property of Henry Brow Sydney. Henry Brow Sydney content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. Henry Brow Sydney reserves all rights in and to Henry Brow Sydney content. Henry Brow Sydney content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of Henry Brow Sydney. Henry Brow Sydney reserves the right to take any legal or technical remedies to prevent the violation of the Henry Brow Sydney terms and to protect the Henry Brow Sydneyservices, users and the rights and property of Henry Brow Sydney and its affiliates. If you violate these Terms, your permission to use the Henry Brow Sydneyservices automatically terminate, and you must immediately destroy any copies you have made of the Henry Brow Sydney content. Any actions on your behalf to contrary could result in litigation.

If you wish to request permission to use any Henry Brow Sydney content in a manner otherwise prohibited under these Terms, please contact us using the information provided below.

Our courses may contain references or links to materials from third parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

All enrollees will be given 12 months access. When you complete the purchase process, you will be asked to register with the use of an email and password, which allows you one seat in the online training for your personal use only. You agree to maintain the confidentiality of your account username, login information and password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality You agree to immediately notify us of any authorized use of your password or any other breach of security.

The content provided in our courses is provided “as is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our website and content may contain bugs, errors, problems or other limitations. Henry Brow Sydney, including all our affiliates, have no liability whatsoever for your use of our website or content. Henry Brow Sydney trading cannot guarantee and does not promise any specific results from use of our website or content. Henry Brow Sydney does not represent or warrant that our content or our services found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content and services is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

In no event will Henry Brow Sydney or its, employees, contractors, vendors, affiliates or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use or misuse of videos whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. Notwithstanding anything to the contrary contained herein, Henry Brow Sydney liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the video(s) we provide prior to the event giving rise to liability.

This Agreement applies to all online training courses provided by Henry Brow Sydney trading.

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Copyright/Trademark Information. Copyright © 202 HENRY BROW SYDNEY AND HOANG LONG NGUYEN. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.

DISPUTE RESOLUTION AND ARBITRATION

This Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Australia without giving effect to the principles of conflict of laws. Any claims, controversies and/or causes of action (“Claim” or “Claims”) by any Student with respect to or arising from Henry Brow Sydney website(s), content, this Agreement, Courses and/or products must be instituted within one (1) year after the Claim arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, the remaining portions shall remain in full force and effect.

Neither the Students nor Henry Brow Sydney shall be entitled to join or consolidate any claims whatsoever, including but not limited to claims in arbitration, by or against each other, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Any arbitration between the Henry Brow Sydney and the Students may not be arbitrated on a collective or class wide basis.

If any portion of this arbitration clause is found to be unenforceable, then this arbitration clause shall still remain in full force and effect.

This Agreement will be interpreted under and according to the laws of the State of New South Wales Australia.

COURSE TERMS AND CONDITIONS

By accepting the following terms and conditions you have acknowledged that you will:

Undertake the training in a responsible manner ensuring that you read and understand the course material, including material the client is directed;

The student warrants that the information which it provides to Henry Brow Sydney, whether directly or indirectly, or through the website, or which is otherwise displayed on this website is provided in good faith and is true and correct to the best of its knowledge, information, and belief. That is, that the student is declaring that all information it provides is true and correct.

COVID 19.
Anyone that has contacted Covid-19 course transfer will be granted upon submission of your positive be required to provide Henry Brow Sydney with A rapid antigen test (RAT) Or a doctor’s certificate in writing. Course/courses will be transferred to the next available dates only.

COURSE REFUNDS REFUND POLICY

ANY COURSES OFFERED FROM HENRY BROW SYDNEY. ARE NON-REFUNDABLE.

3.4 CHARGEBACKS

If a user falsely, fraudulently, or otherwise dishonestly disputes the payment for a Course that was ordered from us, to the extent that a chargeback is fully or partially issued against Henry Brow Sydney. , you agree to indemnify us for the full amount of the payment of the chargeback, in addition to any associated fees, fines, expenses, penalties. This includes associated fees, fines, expenses, and penalties that are assessed by our payment processor or the financial institutions handling the transaction.

SECTION 4 – OWNERSHIP OF CONTENT

4.1 OUR CONTENT

In these Terms, “Content” refers to all materials and content, which includes designs, editorial, text, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data, and any other work available through our Service.

4.3 YOUR CONTENT

All right, title, and interest in and to comments, suggestions, ideas, and impressions of the Service (for greater certainty, Henry Brow Sydney. Courses) given by you to Henry Brow Sydney. (collectively the “Feedback”) is and shall be deemed to be property of Henry Brow Sydney. By submitting Feedback to us, you assign to us all rights, title, and interests to such Feedback.

COURSE TRANSFERS

1) Course transfers on full course rates require 14 days’ notice in writing. Within 14 days will incur $250 course transfer fee will be. STRICTLY NO COURSE TRANSFERS WITHIN 7 DAYS PRIOR TO COMMENCEMENT.

2) Course transfers on discounted courses. Any courses purchased at a discounted rate will be required to pay the difference of the discounted rate and full course rate. No exception. The the terms and conditions for discounted courses as they are discounted solely on particular dates.

COPYRIGHT

All content is copyright © Henry Brow Sydney unless otherwise stated. This includes, but is not limited to: all text, images, graphics, audio commentary, visual presentations, and any course related files. Material cannot be copied, reproduced, or distributed in any form without prior written consent. All material provided and presented during training is for the sole use of the company and/or individual.

CONDITIONS

Henry Brow Sydney reserves the right to modify, cancel and limit any training, service, or promotion. We reserve the right to refuse participants for any reason. Purchasing training course allows one person to access the training course. Courses are not transferable. By accepting enrolment terms and conditions, you are warranting that you are the person completing the course.

WARRANTY

No warranties or guarantees are made in any of the material. By using any of the material provided you accept all liability for your actions. Except for the express representations and warranties stated in this agreement, Henry Brow Sydney makes no warranties whatsoever. Henry Brow Sydney explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the product or services.

FEES & TERMS OF PAYMENT

In consideration of the services to be provided by Henry Brow Sydney, the client shall pay to Henry Brow Sydney fees and expenses in the amounts and according to the payment schedule, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule. Terms of payment will be included in the schedule or invoice. Course deposits are non – refundable. Refunds on full course payments (less deposits) may be granted 21 days prior course commencement. Refund request must be in writing and written by the client. No refund will be granted within 21 days prior to commencement, upon commencement or after course completion.

INDEMNIFICATION/LIABILITY

The products and services of Henry Brow Sydney Training are sold “as is”. In all circumstances, in no event shall Henry Brow Sydney be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the products or materials or services provided by Henry Brow Sydney, even if Henry Brow Sydney has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

MODIFICATION OF TERMS AND CONDITIONS

Henry Brow Sydney reserves the right to update and change the terms and conditions from time to time without notice. Any alterations to products or services shall be subject to the terms and conditions. Continued use of a product or service after any such changes shall constitute consent to such changes.

STUDENT MODEL POLICY

All students are responsible for the supply of their models and to act professionally at all times, provide all pre-procedure information and aftercare information that is issued to students upon the finalization of enrolment.

The general nature of cosmetic tattooing as well as the (procedure) to be performed has been explained to me and I understand work is from an entry level / learner artist.

While the highest care is taken, I understand works undertaken may not be as refined as a more experienced artist. This includes but not limited to shape and symmetry, colour selection, technique application, pigment consistency and pigment retention.

I fully understand this is a tattoo process and therefore not a science but an artistic skill. I understand this is training of a skin pigmentation procedure and accept the permanence of the (procedure) as well as the possible complications and consequences of the (procedure).

I agree that in the event of an adverse reaction or unforeseen unfavourable results or infections or above-mentioned taking place, that you will not hold the trainer, or associated business liable for any tattoo removal, medical compensation, financial compensation, and you agree to make zero negative reviews of this on any platform or portal.

PRIVACY POLICY

Henry Brow Sydney regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all Henry Brow Sydney users, and conforms to Internet privacy standards. If you have any questions or concerns regarding this statement, you should first contact Henry Brow Sydney.

By answering submitting acceptance of these terms and conditions you have confirmed that the information you provide to Henry Brow Sydney, whether directly or indirectly, or through the website, or is otherwise displayed on this website is provided in good faith and is true and correct to the best of your knowledge, information, and belief. That is, that all information you provide is true and correct. You also declare that all assessment work will be your own.

COLLECTION OF INFORMATION

In order to use the Henry Brow Sydney website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly regarding sales, support, and accounts, including Email. Any information collected by Henry Brow Sydney is collected via correspondence from you or your company. This may be via telephone, Email, mail, fax or directly through our website.

USE OF COLLECTION INFORMATION

Any details collected from Henry Brow Sydney customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.

STORAGE OF COLLECTED INFORMATION

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our website, you can email us.

ACCESS TO COLLECTED INFORMATION

If your personal identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us.

ORDERS

If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

MODIFICATION OF TERMS AND CONDITIONS

Henry Brow Sydney Training trading for HOANG LONG NGUYEN reserves the right to update and change the terms and conditions from time to time without notice. Any alterations to products or services shall be subject to the terms and conditions. Continued use of a product or service after any such changes shall constitute consent to such changes.

COMMUNICATIONS

Henry Brow Sydney Training trading for HOANG LONG NGUYEN uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

THIRD PARTIES

Henry Brow Sydney trading for HOANG LONG NGUYEN may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service such as certificates issued. These third parties are prohibited from using your personally identifiable information for any other purpose. Henry Brow Sydney does not share any information with third parties for any unknown or unrelated uses.

LEGAL

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

Links

Links on the Henry Brow Sydney trading for HOANG LONG NGUYEN site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.henrybrowsydney.com.au

CHANGES TO PRIVACY POLICY

If we decide to change our privacy policy, we will post these changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email or by means of a notice on our homepage.

DELIVERY POLICY

After ordering online, you will receive an email confirmation from Henry Brow Sydney containing your order details (if you have provided your email address). We will normally confirm receipt of your order within 24 hours of ordering.

PREREQUISITES

By accepting these terms and conditions I acknowledge that I have met the prerequisite requirements applicable to the course selection.

MODIFICATION OF TERMS AND CONDITIONS

WEBSITE DISCLAIMER

NO WARRANTIES

This website is provided “as is” without any representations or warranties, express or implied. Henry Brow Sydney trading for HOANG LONG NGUYEN makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph. Henry Brow Sydney trading for HOANG LONG NGUYEN does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

LIMITATIONS OF LIABILITY

Henry Brow Sydney trading for HOANG LONG NGUYEN will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; o for any indirect, special or consequential loss; or o for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Henry Brow Sydney trading for HOANG LONG NGUYEN has been expressly advised of the potential loss.
Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Henry Brow Sydney liability in respect of any: o death or personal injury caused by Henry Brow Sydney negligence; o fraud or fraudulent misrepresentation on the part of Henry Brow Sydney Training; or on matter which it would be illegal or unlawful for Henry Brow Sydney to exclude or limit, or to attempt or purport to exclude or limit, its liability.

REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties.

You accept that, as a limited liability entity, Henry Brow Sydney has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Henry Brow Sydney, Henry Brow Sydney Training’s officers or Henry Brow Sydney employees in respect of any losses you suffer in connection with the website or training. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect Henry Brow Sydney, Henry Brow Sydney Training’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Henry Brow Sydney. Unenforceable provisions. If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer

MODIFICATION OF TERMS AND CONDITIONS

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