TERMS & CONDITIONS
Terms & Conditions and Student Policy
MECCA 2020 PTY LTD, TRADING AS LASHTIQUE PROFESSIONAL
ABN 96 642 471 574
These terms and conditions and student policy (Conditions) as varied from time to time by Lashtique Professional apply to the supply of Courses by Lashtique Professional 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 Lashtique Professional 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 Lashtique Professional at 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.
1.1 In the Conditions, unless the context requires otherwise:
(a) Lashtique Professional means Mecca 2020 Pty Ltd, trading as Lashtique Professional ABN 96 642 471 574
(b) Authorisation means any licence, consent, approval, permit, registration, accreditation, certification or other authorisation given or issued by any Authority that is necessary for Lashtique Professional 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 Queensland, 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 Lashtique Professional for the supply of Courses by Lashtique Professional to the Student.
(g) Course means an educational course provided or made available to Students by Lashtique Professional from time to time.
(h) Course Fee means the fee charged by Lashtique Professional 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, Lashtique Professional.
(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 Lashtique Professional’s suppliers for reasons that are outside of the control of Lashtique Professional that has a material and adverse impact on the Lashtique Professional’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 Lashtique Professional to the Student , including but not limited to Intellectual Property in any Course content, documents and resources.
(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 Lashtique Professional may maintain from time to time.
2. Enrolment, Cooling Off, Transfers, Deferrals and Cancellation
2.1 Lashtique Professional may from time to time make Courses available to prospective Students. Lashtique Professional 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 Lashtique Professional 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 Lashtique Professional 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 Lashtique Professional, 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. Lashtique Professional 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 Lashtique Professional.
2.3 The Student shall be accepted into a Course, and a Contract shall be formed between Lashtique Professional and the Student, upon Lashtique Professional notifying the Student that the Student’s application for Enrolment in the Course has been accepted by Lashtique Professional.
2.4 The Student must apply to Enrol in a Course in such a manner as Lashtique Professional directs. Any failure or refusal to Enrol in such manner may result in Lashtique Professional refusing to accept the Student’s application for Enrolment or cancel any such Enrolment.
2.6 The Student must immediately advise Lashtique Professional of any changes to any information provided by the Student to Lashtique Professional (whether pursuant to clause 2.5 or otherwise).
2.7 The Student warrants to Lashtique Professional that all information provided by the Student to Lashtique Professional is true and correct.
2.8 The Student may withdraw from any Enrolment by notification in writing by email within 24 days of completion of Enrolment, in which case Lashtique Professional 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 Lashtique Professional (which Lashtique Professional 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. Lashtique Professional 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 Lashtique Professional consents in writing (which consent may be given or withheld in Lashtique Professional’s absolute discretion). If Lashtique Professional consents to the cancellation of a Contract or Enrolment, then unless otherwise agreed in writing, the Student indemnifies Lashtique Professional 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 Lashtique Professional 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.
3. 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 Lashtique Professional in such amount and in such manner as is determined by Lashtique Professional 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 Lashtique Professional may 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. Lashtique Professional 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 Lashtique Professional makes no representations, promises or warranties as to the suitability of any financing options to the Student and the Student hereby waives and releases Lashtique Professional from and further indemnifies Lashtique Professional against any loss, cost or expense that Lashtique Professional 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 Lashtique Professional 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 Lashtique Professional except in accordance with these Conditions or otherwise in the absolute discretion of Mecca 2020 Pty Ltd.
3.6 The Student must immediately notify Lashtique Professional 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. Lashtique Professional 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.
4. 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. Lashtique Professional 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 Lashtique Professional) 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 Lashtique Professional for an extension of up to three months Lashtique Professional 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, Lashtique Professional 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.
5. Intellectual Property
5.1 All Intellectual Property remains the property of Lashtique Professional 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 Lashtique Professional;
(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 Lashtique Professional. Failure to comply with the Student’s obligations under this clause 5 shall entitle Lashtique Professional to cancel the Student’s Enrolment and/or terminate any Contract with immediate effect by notice to the Student.
6. Student Conduct and Behaviour
6.1 Lashtique Professional 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 Lashtique Professional 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 Lashtique Professional reasonably believes that any work submitted by the Student is plagiarised or not completed solely by the Student, Lashtique Professional 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.
7. 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 Lashtique Professional .
7.2 Any complaints must be made in writing and submitted to; email@example.com
7.3 Lashtique Professional shall endeavour to, but shall not be liable to, respond to and resolve any complaint within 10 Business Days.
8.1 If at any time the Student is in breach of a Contract or these Conditions, Lashtique Professional 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, Lashtique Professional 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, Lashtique Professional 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 Lashtique Professional determines in its opinion that:
(c) the Student has provided any false or misleading information to Lashtique Professional as part of its Enrolment;
(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 Lashtique Professional personnel that Lashtique Professional (in its discretion) considers to be egregiously inconsistent with its policies concerning Student conduct and behaviour or which conduct is repeated despite request from Lashtique Professional to cease such conduct.
8.4 Lashtique Professional shall be entitled to recover from the Student, and the Student indemnifies Lashtique Professional against, all costs, loss and damage suffered or incurred by Lashtique Professional (including recovery agent fees and legal costs on an indemnity basis) in connection with any breach of a Contract or these Conditions.
9. 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) Lashtique Professional 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
10. Limitation of Liability
10.1 The Student agrees to the maximum extent lawfully permissible that if Lashtique Professional breaches the Conditions or any applicable law, then the Student’s remedy is limited to (at Lashtique Professional’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 Lashtique Professional 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 Lashtique Professional’s suppliers, agents or contractors.
11.1 If any provision of the Conditions is illegal or unenforceable this does not affect the remaining provisions.
11.2 Lashtique Professional 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 Lashtique Professional, which Lashtique Professional 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 Queensland, Australia and are subject to the exclusive jurisdiction of the courts of Queensland, Australia.
11.5 Lashtique Professional 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.
12. Refunds Lashtique Professional does not offer refunds on any courses once commenced.
13.1 By accepting these Conditions, the Student acknowledges, agrees and warrants that it:
(a) Has read and understood these Conditions and any documents provided by Lashtique Professional 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 Lashtique Professional;
(c) Subject to clause 2.2 is over the age of 18 and an Australian resident and can provide evidence of same on request;
(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 Lashtique Professional;
(f) Has disclosed all relevant information in the course of applying for Enrolment.
Lashtique Professional 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. Lashtique Professional 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. Lashtique Professional 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. Lashtique Professional 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.
Lashtique Professional 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. Lashtique Professional is not responsible nor liable for risks involved with this procedure. Students assume the risk of and liability for any procedures performed by them. Lashtique Professional is not responsible or liable for legal encounters regarding licensing, regulations, or other legal aspects pertaining to procedural operation.
Students release Lashtique Professional 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.
Lashtique Professional trading grants Students who purchase a Course a non-exclusive, non-transferable, revocable access and use Lashtique Professional 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 fines.
Lashtique Professional not responsible for purchases made without prior knowledge resulting in attempted return or exchange.
All customers and students release Lashtique Professional of all liability regarding the use of our training material and/or any products or devices manufactured or sold by any other company.
Lashtique Professional respects the intellectual property rights of others and Lashtique Professional asks that you do the same. Except for any third-party content used as part of the Lashtique Professional site, training and materials, please understand that the data and materials on the Lashtique Professional 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 Lashtique Professional site (collectively, “all course content”) are the intellectual property of Lashtique Professional. Lashtique Professional content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. Lashtique Professional reserves all rights in and to Lashtique Professional content. Lashtique Professional 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 Lashtique Professional.
Lashtique Professional reserves the right to take any legal or technical remedies to prevent the violation of the Lashtique Professional terms and to protect the Lashtique Professional services, users and the rights and property of Lashtique Professional and its affiliates. If you violate these Terms, your permission to use the Lashtique Professional services automatically terminate, and you must immediately destroy any copies you have made of the Lashtique Professional content. Any actions on your behalf to contrary could result in litigation.
If you wish to request permission to use any Lashtique Professional 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. Lashtique Professional, including all our affiliates, have no liability whatsoever for your use of our website or content. Lashtique Professional trading cannot guarantee and does not promise any specific results from use of our website or content. Lashtique Professional 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 Lashtique Professional 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, Lashtique Professional 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 Lashtique Professional.
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 LASHTIQUE PROFESSIONAL AND MECCA 2020 PTY LTD. 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.
Neither the Students nor Lashtique Professional 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 Lashtique Professional 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 Queensland Australia.