HOW TO BUY AND REDEEM: CLICK ON YOUR PREFERRED EXPERIENCE AND SELECT BOOK NOW, ACCEPT TERMS AND CONDITIONS, ONCE PAID, A VOUCHER WILL BE SENT TO YOUR NOMINATED EMAIL, PLEASE THEN EMAIL INFO@SYDNEYFLYINGACADEMY.COM.AU WITH YOUR VOUCHER CODE AND PREFERRED DATE AND MORNING/ AFTERNOON PREFERRENCE

 

(a)These terms and conditions (Terms) are entered into between Sydney Flying Academy Pty Ltd ABN 53 621 692 840 (we, our or us) and you, the person that uses our site, available at www.sydneyflyingacademy.com.au (Site) or purchases a flight package from us or participates in a trial flight, flight training or flight experience (Activity) with us, each a Party and collectively the Parties.

(b)These Terms form the agreement under which you will use our Site and we will supply our flight packages and Activities to you. You accept these Terms by the earlier of ticking a box on our Site indicating your acceptance of the Terms, signing and returning these Terms to us or by purchasing a flight package or participating in an Activity (whether through our Site or directly with us).

(c)You must be at least 14 years old to purchase a flight package or to participate in any Activity (excluding Trial Flights) we offer. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to purchase a flight package and/or to participate in any Activity, and they have accepted the Terms on your behalf.

(d)If you are a parent or legal guardian permitting a person who is at least 14 years old but under 18 years old (a Minor) to purchase a flight package and/or to participate in any Activity we offer, you agree to: (i) assume all risks associated with, and liabilities resulting from, the Minor’s participation in an Activity with us; (ii) ensure all information submitted to us by the Minor is accurate; and (iii) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

2. RISK WARNING

Your or your child’s participation in any Activity may expose you to the risk of death, physical harm, personal injury psychological and emotional harm, serious injury, disease, illness and/or loss or damage to your or your child’s property. The risk of death, physical harm, personal injury, psychological and emotional harm, serious injury, disease, illness and/or loss or damage to your property may arise from, but is not limited to, third party participants including fellow participants or instructors, loss of control of an aircraft, pre-existing health conditions, collision with objects (whether animate or inanimate) or property, equipment, engine or aircraft failure, adverse weather conditions, uncontrolled descent or forced landing, misjudgements and any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm, personal injury psychological and emotional harm, serious injury, disease, illness or loss of or damage to your or your child’s personal property may arise from you, your child’s or another party’s acts, omissions or negligence. You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your or your child’s participation in any Activity with us. If you or your child wishes to participate in any of our Activities, you and your child (if applicable) must sign the waiver attached as a schedule to these Terms in person before the Activity commences.

3. Entry Requirements

(a)You will not be permitted to participate in any Activity with us unless you meet the following requirements:

(1)you must be at least 14 years old, Trial Flights for 12 years or older, unless approved by Sydney Flying Academy in writing;

(2)you must provide valid photo identification such as a driver licence;

(3)if you are over the age of 14 years and under the age of 18 years, you must have the permission of your parent or guardian;

(4)you must have a Blood Alcohol Concentration of 0.00% and not be under the influence of non-prescription drugs when at our academy or when participating in any Activity with us and you must declare any medications you are currently taking to our staff which may have an effect on your ability to safely participate in any Activity with us;

(5)you must hold a current and valid Recreational Aviation Australia Membership (if you are flying with a Free Temporary Membership, it will be valid until the earlier of you participating in 3 hours of flight time, or 90 days from the date you received the Free Temporary Membership. It is your responsibility to upgrade to a Full Flying Membership when your temporary membership expires);

(6)you must hold an Aviation Reference Number and a Basic Class 2 Medical Certificate (excludes Trial Flights);

(7)you must be proficient in the English language and you agree to sit an Aviation English Language Proficiency Examination before your first solo flight (you will only be permitted to fly solo if you pass the test); and

(8)if you fly at certain locations, you will be required to hold an Aviation Security Identity Card (ASIC).

(9)you must complete Sydney Flying Academy's online Contact details form, RAAus temporary membership form and sign a Risk Waiver before undertaking any Activity;

(b)If you purchase a flight package from us or make a booking with us for an Activity and are you do not meet the entry requirements, we will not allow you to fly, in which case our refunds and cancellation policy set out below will apply.

4. Flight Packages

(a)Our flight packages are as set out on the Site. You may purchase our flight packages on our Site or by contacting us directly. Any order placed through the Site or by contacting us is an offer by you to purchase a particular flight package for the fee notified at the time you place your order.

(b)We may, at our absolute discretion, accept or reject an order to purchase a flight package. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c)Each order that we accept results in a separate binding agreement between you and us for the supply of the flight package in accordance with the Terms.

(d)It is your responsibility to check the order details, including the selected flight package and pricing, before you submit your order through the Site or with us directly.

(e)If you make an order through our Site and make your initial payment and your payment has been validated, we will provide you with a an email to confirm payment. You will need to contact us separately to make any booking.

(f)Once you purchase a Flight Package, you will not be able to downgrade it to another flight package.

5. Trial Flights

(a)We offer trial flights on our Site for a discounted fee so that you can see if flying is right for you (Trial Flights).

(b)All Trial Flights must be purchased through our Site.

(c)Once you have purchased a Trial Flight and your payment has been validated, we will provide you with a confirmation email of your payment, and a voucher code and instructions on how you can book your Trial Flight. It is your responsibility to contact us via email with your preferred date, time and voucher code, and we will liaise with you to organise your booking.

(d)If you purchase a Trial Flight, you must book the flight within 6 months of purchasing the Trial Flight.

(e)If you purchase a Trial Flight, you must provide us with at least 48 hours’ notice prior to your booking if you wish to reschedule the booking. If you cancel the booking within 48 hours of the booking time or if you are more than 15 minutes late to your booking, you will forfeit any purchase price paid for the Trial Flight.

6. Videos

(a)When you participate in an Activity, we may offer you the option of purchasing a video or other flight merchandise relating to the Activity or Sydney Flight Academy (Product) for the price notified to you at the time.

(b)If you purchase a Product at the time of flying, you will be required to make payment of the price on the completion of your booking.

(c)If you ask us to ship the Product to you, we will do so in accordance with clause 10.

7. Fees and payments​

(a)We offer different payment options with our flight packages, as set out on the Site or as otherwise agreed with you in writing (Fees). You must pay us the Fees in accordance with this clause. Our flight packages include the following options:

(1)Upfront Payment – if you select Upfront Payment, you agree to pay the Fee upfront as a one-off payment, either using a payment method set out on our site, or by electronic funds transfer, credit card, direct debit or cash payment to us directly. Only once the Fee has been paid in full will we allow you to make any bookings relating to the flight package purchased.

(2)Interest Free Weekly Instalments – if you select Interest Free Weekly Instalments, you must pay us the Fee for your instalments and any other amount payable to us under these Terms, without setoff or delay via credit card or any other payment method agreed between the Parties or set out on the Site in advance of the next weekly cycle. You acknowledge that the weekly instalments are payable for the entire instalment period as set out on the Site or agreed with you directly.

(3)Pay As You Fly – if you select our Pay As You Fly option, you agree to pay us an upfront payment for theory, textbooks, materials, exam and testing fees (Course Materials), as set out on the Site, before participating in any Activity. Following this payment, you may make bookings with us, in which case we will charge you our Pay As You Fly hourly rate, as set out on the Site, at the time of, or within 7 days of your booking. You will not be able to make another booking until you have paid for your previous booking (even if it is within 7 days of the first booking).

(b)You agree that we may amend the Fees or inclusions in any flight package at any time, by providing written notice to you. If you do not agree to any amendment made to the Fee or if the changes to the inclusions in your flight package have a material adverse impact on you, which you can demonstrate, you may terminate this Agreement upon receiving notice by us, by giving us written notice, in which case, you will be entitled to a pro rata refund for any Fees already paid by you to us, we will not charge you any further Fees and we will cease providing the flight package to you. Your continued bookings and use of our services indicate that you accept any amendments to the Fees and inclusions in your flight package.

(c)All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).

(d)You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Fees.

(e)If any payment has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease providing your flight package to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.

(f)If we offer payment via a third party payment processor, such as Square or eWAY, the payment will be subject to Square or eWAYs terms and conditions.

(g)If you make payment in person by credit card, debit card, visa card, master card or AMEX, a surcharge of 1.76% will apply.

(h)If you make payment online, over the phone or by paying an invoice electronically, by credit card, debit card, visa card, master card or AMEX, a surcharge of 1.95% will apply.

8. Bookings and Availability

(a)Once you have purchased a flight package, you may make bookings for any Activities included in your flight package by contacting us.

(b)We may, at any time and at our absolute discretion, accept or reject any booking for any reason, including instructor and aircraft availability and adverse weather conditions. We will endeavour to notify you of a rejection at the time of the booking or within a reasonable time after becoming aware that we will not be able to fulfill the booking. In this case, we will assist you to reschedule the booking to another time, and you will have no Liability to pay for the cancelled booking.

(c)If we accept your booking, a confirmation email will be sent to you attaching details of your booking including the date and time.

(d)Our courses require regular flight sessions and we take our certifications seriously. If you have purchased a course as part of your flight package, you must complete the course within 12 months of the date of your initial booking, otherwise we may, at our discretion, withdraw you from the course, in which case clause 11(d) will apply.

9. Refunds and Cancellation Policy

(a)You must provide us with at least 48 hours’ notice prior to your booking if you wish to reschedule the booking.

(b)Any requests to reschedule your booking which occur with less than 48 hours’ notice, will result in us charging you a $100 cancelation fee for every hour of your booking slot. By way of example, for the cancellation of a 2 hour booking, we will charge you a cancellation fee of $200 (for Trial Flights, please see clause 5(e)).

(c)Failure to show up for your booking, or showing up more than 15 minutes late, will result in a forfeit of the Fee paid or payable by you for that booking.

(d)Despite anything to the contrary, we may, in our absolute discretion, refund or waive the Fee payable for a booking, in circumstances where you succumb to a recognised health condition or injury that prohibits you from participating in your booking (and you provide sufficient evidence of the same to our reasonable satisfaction).

(e)We do not offer refunds for change of mind or if your visa to stay in Australia is cancelled or unable to be renewed.

(f)If you cancel your flight package during your program and you have made Upfront Payment or are on an Interest Free Weekly Instalment Plan, we will charge you for the payment costs for theory, course materials, exams and testing fees provided to you as part of your program and an administration fee of $200 ex GST (Early Termination Fee).

(g)If you wish to cancel your flight package during your program, you must give us notice in writing, in which case the following will occur:

(1)if you made Upfront Payment, we will refund you on a pro rata basis for the unused Flying Fees only, less the Early Termination Fee;

(2)if you are on an Interest Free Weekly Instalment Plan, we will collect the full amount of Fees for the remainder of that week, any arrears and the Early Termination Fee;

(3)if you are on a Pay As You Fly plan, you will not be entitled to any payment amount already paid to us; and

(4)both Parties will be discharged from any obligations and/or Liabilities under these Terms from the date we receive notice of your cancellation and we have received the Early Termination Fee, or immediately if you are on our Pay As You Fly package.

10. Delivery

(a)If you request, we may deliver a Product or the Course Materials to you, for the delivery cost agreed between the Parties.

(b)You must provide us with your delivery address and if you need to change the delivery address, immediately notify us in writing.

(c)We may deliver the products using a range of delivery methods such as Australia Post and we may provide you with a tracking number. You may need to sign for some deliveries.If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.

(d)Title to the Products and Course Materials will remain with us until you have paid us the price in full in accordance with the Terms.

(e)Risk in the Products or Course Materials will transfer to you on dispatch of the Products or Course Materials from our academy. Once risk in the products passes, you will be solely responsible for them.

11. Termination

(a)These Terms will commence on the date you enter into these Terms and continue until these Terms expire or are terminated in accordance with their terms.

(b)You may terminate these Terms immediately upon written notice, if we commit a material breach of these Terms and we do not remedy the breach within 14 days of you giving us notice to do so, in which case you will be entitled to a pro rata refund for any Fee already by you to us, we will not charge you any further Fees and we will cease providing your flight package to you.

(c)We may terminate these Terms, immediately upon written notice, if:

(1)you commit a serious breach of these Terms;

(2)you breach these Terms and you breach these Terms and you do not remedy the breach within 14 days of us giving you notice to do so;

(3)you do not complete your course within 12 months of your initial booking;

(4)you do not have a valid visa or are in breach of your visa;

(5)you act in a manner that is dangerous to or abusive of any person;

(6)you cancel or reschedule bookings 4 or more times within 48 hours of the scheduled booking time in a 30-day period; or

(7)any payment has not been made within 7 days of the due date set out in clause7.

(d)If we terminate your these Terms for any reason outlined in clause 11(c) we may (without limiting any other right or remedy) recover any reasonable costs and expenses we incur as a result of your breach and:

(1)if you have made Upfront Payment, nil refund;

(2)if you are on Interest Free Weekly Instalments, collect the full amount of Fees for the remainder of that week, any arrears and the Early Termination Fee; and

(3)if you are on a Pay As You Fly plan, you will not be entitled to a refund of any amount already paid to us.

(e)Termination of these Terms will not affect any rights or liabilities which a party has accrued under it.

(f)This clause 11 will survive the termination or expiry of these Terms.

12. Intellectual property

(a)All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Site, flight packages, Activities and any Course Materials) will at all times vest, or remain vested, in us.

(b)You must not, without our prior written consent:

(1)copy or use, in whole or in part, any of our intellectual property;

(2)reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3)breach any intellectual property rights connected with the Site, flight packages, Activities or the Course Materials, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

13. Rules

(a)Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree:

(1)to comply with these Terms, all applicable laws, and all of our reasonable requests or requirements at all times during the term of these Terms;

(2)to observe any applicable house rules or conditions that are introduced or otherwise communicated by us, from time to time;

(3)to arrive on time for your scheduled booking;

(4)to have a Blood Alcohol Concentration of 0.00% and not be under the influence of non-prescription drugs when at the academy or when participating in any Activity and declare any medications you are currently taking to our staff which may have an effect on your ability to safely participate in any Activity;

(5)not engage in reckless, foolish or negligent behaviour, or any other behaviour, which may, in our reasonable opinion, create a risk of injury to you or any third party;

(6)respect all staff, instructors, fellow participants, planes, equipment and facilities and participate with a positive attitude;

(7)keep any belongings and valuables you bring to the academy safe;

(8)if you are under 18 years, to have the consent of your legal guardian to participate in any Activity;

(9)to wear suitable clothing at all times; and

(10)comply with all of our reasonable instructions including any instruction to leave the academy.

14. Your acknowledgements and warranties

(a)Despite anything to the contrary, to the maximum extent permitted by law, you acknowledge and agree that:

(1)RISK WARNING: Your or your child’s participation in any Activity may expose you to the risk of death, physical harm, personal injury, psychological and emotional harm, serious injury, disease, illness and/or loss or damage to your property. The risk of death, physical harm, personal injury , psychological and emotional harm, or serious injury, disease, illness and/or loss or damage to your property may arise from, but is not limited to, third party participants including fellow participants or instructors, loss of control of an aircraft, pre-existing health conditions, collision with objects (whether animate or inanimate) or property, equipment, engine or aircraft failure, adverse weather conditions, uncontrolled descent or forced landing, misjudgements and any failure to comply with our instructions or directions. You acknowledge and agree that death, physical harm, personal injury, psychological and emotional harm, serious injury, disease, illness or loss of or damage to your or your child’s personal property may arise from you or your child’s or another party’s acts, omissions or negligence. You have read this risk warning and you are aware of and voluntarily accept any risk that may arise from your or your child’s participation (if applicable) in any Activity with us;

(2)recreational aircraft used for pilot training are constructed, operated and maintained under exemptions from the Civil Aviation Regulations and as such, while there are standards in place, the overall safety of recreational flying is generally below the general standard of commercial air transport standards in Australia;

(3)in the event that you become aware at any time of any medical, physical or psychological condition, injury or impairment that may be detrimental to your health or affect your proper and safe participation in an Activity, you must immediately notify us, cancel any relevant bookings and contact your medical provider; and

(4)you are solely responsible for determining the suitability of our flight packages and Activities and your reliance on any information that is provided to you is at your own risk.

(b)You represent and warrant that:

(1)you meet the eligibility requirements outlined in clause 3;

(2)if you are signing on behalf of your child, you have informed your child of the rules of flying with the Sydney Flying Academy;

(3)there are no legal restrictions preventing you from agreeing to these Terms;

(4)you will cooperate with us, and provide us with information and instructions that are reasonably necessary to enable us to provide any Activity to you, as requested by us from time to time, and will comply with these requests in a timely manner;

(5)you will at all times comply with the rules of conduct set out in clause 13;

(6)any information you provide to us is true, correct and complete;

(7)where you are aware of or become aware of, any physical or medical conditions that prevent you from participating in an Activity, you will inform us and either, you will not participate in an Activity; or you have received consent from a medical professional to participate in the Activity;

(8)you will follow our reasonable instructions;

(9)you will inform us if you have reasonable concerns relating to our provision of our Activities or flight packages under these Terms, with the aim that the parties will use all reasonable efforts to resolve your concerns;

(10)you are responsible for obtaining any consents, licences and permissions from other parties (such as medical practitioners) necessary for an Activity, at your cost, and for providing us with the necessary consents, licences and permissions which we may require; and

(11)you will not participate an Activity if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other Personnel.

15. Australian Consumer Law

(a)Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to our provision of our Activities which cannot be excluded, restricted or modified (Statutory Rights). Nothing in this Agreement excludes your Statutory Rights as a consumer under the ACL.

(b)You agree that our Liability for the provision of any Activity is governed solely by the ACL and these Terms.

(c)Subject to your Statutory Rights, we exclude all express and implied warranties, representations and guarantees of any kind (whether under statute, law, equity or on any other basis) and all materials, work, goods and services (including any Activity) are provided to you without warranties, representations and guarantees of any kind.

(d)This clause 15 will survive the termination or expiry of these Terms.

16. Liability – Recreational Activities

WARNING UNDER THE AUSTRALIAN CONSUMER LAW and CIVIL LIABILITY ACT 2002 (NSW)

(a)By accepting these Terms, you agree that you have read the risk warning on the front page of these Terms and at clause 14(a)(1), and you are aware that flying lessons, recreational flying and solo flights are a recreational activity (as that term is defined in the Civil Liability Act 2002 (NSW)) and a recreational service (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and that they can be dangerous. Recreational activities include your participating in flying lessons, whether with an instructor by your side or on the ground, your use of our planes and facilities and recreational solo flights. You accept that there is a degree of risk and you acknowledge that by participating in flying lessons, recreational flying or solo flights you do so at your own risk.

(b)You agree to release Sydney Flying Academy Pty Ltd and any affiliates and all parties (including our Personnel) associated with organising and delivering the flight packages and Activities to you from any responsibility or legal liability in connection with the recreational activities or services. You agree that any liability in relation to recreational activities or services for death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or the contraction, aggravation or acceleration of a disease or the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you,

(1)that is or may be harmful or disadvantageous to your or the community; or

(2)that may result in harm or disadvantage to you or the community in connection with the recreational activity or your attendance at the academy or your participation in flying lessons, recreational flying or solo flights is excluded.

(c)This release does not apply to significant personal injury caused by reckless conduct by Sydney Flying Academy Pty Ltd. If you have accepted these Terms on behalf of your child, you agree to the release and exclusion of liability above in relation to your child’s participation in the recreational activities and services.

(d)This clause 16 will survive the termination or expiry of these Terms.

17. Limitations

(a)Despite anything to the contrary, to the maximum extent permitted by law:

(1)you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us;

(2)you agree that these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms;

(3)our maximum aggregate Liability arising from or in connection with these Terms is limited to us re-supplying the flight package to you, or, at our option, refunding to you the amount you have paid us for the flight package;

(4)we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with:

i.any event or circumstance beyond our reasonable control;

ii.any loss, theft or damage to your property (including personal items);

iii.any negligent acts or omissions of you or any third party or any other participant in the academy;

iv.lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the flight package you purchased or are participating in; and/or

v.once you have been awarded your Recreational Pilot Certificate by us, any flight you command or take that does not form part of a flight package purchased from us.

(b)You agree that you are liable for, and you agree to indemnify, hold harmless, release and discharge us from any Liability we suffer or incur as a result of:

(1)any use or operation of any aircraft by you during a solo flight or where you are the pilot in command;

(2)any property, equipment or aircraft loss or damage arising from or in connection with your (or any passenger you bring on board’s) acts or omissions;

(3)any loss, damage, or injury suffered by a third party, caused by any negligence, or deliberate act by you (or any passenger you bring on board) during your participation in an Activity; or

(4)any breach by you of these Terms.

(c)Notwithstanding this clause 17, we insure our aircraft against risks in connection with the Activities, however, you acknowledge and agree that if an aircraft is damaged, and you have taken a solo flight or are the pilot in command and you are responsible for the damage, you will be liable to pay the full amount of excess on any valid claim on the insurance.

(d)This clause 1717 will survive the termination or expiry of these Terms.

18. General

(a)Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b)Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c)Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d)Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e)Photographs: If you provide us with photographs or videos of you at our flying academy on participating in an Activity, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media. Please let us know if you would not like us to use such photographs or videos.

(f)Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g)Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(h)Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(i)Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(j)Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to making any purchase, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(k)Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

19. Definitions

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Personnel means, any of our employees, consultants, suppliers, subcontractors, agents, instructors, trainers, affiliates and members.

Last update of online version: 30 April 2020

PARTICIPANT EXECUTION is assumed as accepted by clicking I agree to the Terms & Conditions on our website or by purchasing any activity via email or phone or in person