Terms & Conditions
Model School by Brittaney Johnston Terms and Conditions and modelschool.com.au online program Terms and Conditions
Copyright © The Trustee for the Johnston Family Trust ABN 31 303 421 725 This copyright notice belongs to the websites: a) http://www.modelschool.com.au
b) is owned by The Trustee for the Johnston Family Trust ABN 31 303 421 725
Copyright exists in the websites modelschool.com.au and brittaneyjohnston.com and includes all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material.
1.3 Intellectual Property
Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non- existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, conﬁdential information and moral rights as deﬁned in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following deﬁnitions apply:
2.2 our, ourselves, us, we, refer to © Model School Online Programs, © Model School by Brittaney Johnston, The Johnston Family Trust, and its afﬁliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves; 2.3 party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than one person, then these terms and conditions bind them jointly and each of them severally; 2.4 The participant, you or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents; 2.5 Licence means these terms and conditions for use of this website and its contents;
2.6 One gender includes the other gender;
2.7 The single includes the plural and the plural includes the singular;
2.8 Private Facebook Group means the © Model School Online Program’s Private
Facebook Group or Forum where registered members are able to communicate together;
2.9 Course means the © Model School Online Program’s: and;
2.10 Registration means registration to use the website, the Course and/or the Private
2.11 Website means collectively the website http://www.modelschool.com.au, http://www.brittaneyjohnston.com, the Private Facebook Group, products content/or services offered or provided by or in the websites.
2.12 worksheets and/or eBook means the PDF downloadable content that is part of the course.
3. Scope of Licence
3.1 By virtue of these terms and conditions, you are granted a non-exclusive, non- transferable, non- sub-licensable licence to personally access and use, for non- commercial purposes, the website and the services offered on the website.
3.2 By accepting these terms the participant agrees to use the Course materials only for the intended purpose of self education and may not use the Service or any part of it for commercial purposes.
3.3 The participant agrees to only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Model School by Brittaney Johnston and modelschool.com.au. The participant agrees that in using the website and/or the private Facebook group, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or cause distress or inconvenience to any person, or disrupt the normal ﬂow of dialogue within the Service, or facilitate others to commit such acts in whatever format.
3.5 The participant agrees to not reverse engineer, modify or derive content from the website and/or make it available over a network where it could be used by multiple devices at the same time.
3.6 You agree that your use of the website and/or Forum will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
3.7 The participant agrees that you will not post comments about the website’s, Model School, Advanced Model School, Private Facebook Group, any of its content, its individual representatives, ofﬁcers, directors, consultants and/or employees without the prior written consent of ourselves.
4.1 The participant represents and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are accessing and using the website or registering for access to the Model School course or Advanced Model
School course, or any of the website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal
guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
4.2 Without limitation, the website is available only to individuals that can form legally binding contracts under Australian law.
4.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
5. Your Agreement:
5.1 In accessing the website www.modelschool.com.au, including any and all webpages, the private Facebook group and/or the services and products, information, text and images offered or provided on the website, you are deemed to have read and personally agreed to the Terms and Conditions.
6. Course Enrolment
6.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to the website, for the courses and/or inclusion in the private Facebook group and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
6.2 Any password or right given to the participant to obtain access to the “Clients Only” email subscription the Model School and Advanced Model School online courses, Private Facebook Group and the contents or use of either the email subscription, the Model School or Advanced Model School, is not transferrable to any third party.
6.3 If the participant is under 18, the parent/guardian is responsible for giving consent for the participant to partake in the Model School online course and modules.
6.4 Course commencement is the date upon which the participant registers their details. Course commencement for the Advanced Model School occurs on the date speciﬁed and once ﬁnal payment is received from the participant.
6.5 Course enrolment is complete when the participant has been issued a username and password for online course access.
6.6 The Advanced Model School Course enrolment is activated once the relevant payment has been processed and received.
6.7 Course duration is effective from the date access is granted, Course modules unlock immediately after completion of quiz at the end of each video. 6.8 Course commencement is effective from the date access is granted.
7. Course Materials and Access
7.1 Course Materials are supplied in an online environment, unless otherwise stated in the course description, and are available for viewing online and may not be downloaded with the exception of the worksheets, which may only be used for the intended purpose.
7.2 The content of the online Course Materials, including copyright and all other such intellectual property rights contained therein, remain the property of Model School by Brittaney Johnston. You may not reproduce any part of the online Course Materials
without the prior written consent of Model School by Brittaney Johnston, http://www.modelschool.com.au or The Trustee of the Johnston Family Trust.
7.3 Course materials are provided online via our Learning Management System 24/7. The site may occasionally be unavailable during scheduled maintenance. Should this occur, try logging in again later and if still having problems, send an email to email@example.com
8. Private Facebook Group Membership
8.1 You acknowledge that Facebook Group access provides for public communications. 8.2 To become a Facebook Group member you agree to provide truthful, accurate personal details about yourself as required on sign up.
8.3 You will use the Facebook Group only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Group, either on the Facebook Page itself or otherwise, or the website, the Courses, the Private Facebook Group and/or the individuals representing the website and/or their employees.
8.4 You will not use the Facebook forum for:
a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise
9. objectionable purpose;
b) to incite others to conduct the activities described in sub-paragraph
c) to interfere with the lawful and reasonable use of the Facebook Group Forum by others; and
d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Facebook Group Forum through your registration.
e) to sell or promote any services or products to other Facebook Group forum members.
f) Participants subscribed who cancel will be removed from the Facebook Group Forum within 48 (forty eight) hours of receipt of written advice of cancellation by firstname.lastname@example.org.
10.1 We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modiﬁcation, reproduction or disclosure of that information.
10.2 We will only disclose information that we have about you:
a) to the extent speciﬁcally required by law; or
b) for the purposes of this agreement (including disclosing information in connection with any query)
c) information provided by you is considered conﬁdential and will not be divulged to any third party, nor will it be sold.
d) Upon enrolment into the model school, we may use the content from your emails in our marketing materials, on our Facebook and private Facebook pages and on our website testimonials page. Your identity will never be revealed, unless you have given prior consent, however we will use your initials and your City. Please be assured that we respect your privacy and only comments related to course outcomes and student experiences will be mentioned.
e) We will manage your personal information in accordance with the requirements of Australian laws.
f) We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can
be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.
In accepting the terms and conditions of the website, you give
© http://www.modelschool.com.au and the Trustee for the Johnston Family Trust, and its authorised representatives, the right and permission to use photographs and video footage of you undertaking training and activities that you have provided to us. You grant permission to the © http://www.modelschool.com.au and the Trustee of the Johnston Family Trust and its authorised representatives to use these photographs and video footage for the purpose of promoting, advertisement, marketing, publicity or any other lawful purpose. You waive any right to inspect and approve the ﬁnished product that may be used or to which it may be applied now and/or in the future, whether that use is known to you or unknown, and you waive any right to royalties or other compensation arising from or related to the use of the image whether intentional or otherwise.
12.Code of Practice
12.1 Model School by Brittaney Johnston and http://www.modelschool.com.au has responsibilities to you as a student to provide you with a quality of service that will assist you as much as possible in attaining your course completion. We undertake to abide by all our policies and procedures.
12.2 Model School by Brittaney Johnston and http://www.model school.com.au agrees to:
a) provide login details to access the online Course Materials and provide feedback where applicable on submitted tasks
b) provide feedback on videos and photographs as outlined throughout the modules in as timely manner as possible (please consider there may be delays due to the number of participants)
13.1 Participants of Model School by Brittaney Johnston and http://www.modelschool.com.au are required to:
a) Ensure that all the information provided to Model School by Brittaney Johnston and http://www.modelschool.com.au is accurate;
b) Notify Model School by Brittaney Johnston and http://www.modelschool.com.au of any contact changes (email address etc.);
c) Advise Model School by Brittaney Johnston and http://www.modelschool.com.au of any difﬁculties or problems they may experience with procedures or training;
d) Achieve satisfactory progress through participation and completion of modules; and
e) NOT submit or claim as their own, videos derived from other source or completed by another person.
14. By registering the participant agrees to the above Terms and Conditions of Enrolment. Terms and Conditions are subject to change. Updated 29/06/2016.
15. Payment Plans: Description and Refund Policy
15.1 Your Advanced Model School Online Course Program can be paid;
As a deposit payment of $AU50.00, then a further payment of $AU200.00 payable prior to course commencement
15.2 During the contract period your membership may be cancelled and you may apply for a
refund by completing the following process:
a) Advise http://www.modelschool.com.au in writing of your intention to cancel your membership via email to email@example.com
b) Refund Policy is for a period of 30 days, from and inclusive of the date you registered and paid your deposit payment, until midnight on day 30 from this date.
c) Complete the Model School Online Client Cancellation form if this is sent to you. Once your client cancellation form has been completed and submitted, your access and membership will be cancelled.
d) Your cancellation and refund request must include the same full name and email address used for your initial registration. Once received and actioned, your membership of the website and any account in your name will be deactivated. Any information about you or your account will be archived and stored in our database for a period of 7 (seven) years from the date of purchase and/or registration. After the expiration of the mandatory 7(seven) year period, your information will be deleted and destroyed. The provision of all information pertaining to
© http://www.modelschool.com.au Online Course Program will cease on deactivation of your account. A conﬁrmation email will be sent to you within 48 (forty eight) hours conﬁrming your cancellation.
e) Notiﬁcation provided to any other person, location or sent to any other email address other than firstname.lastname@example.org will not be accepted as valid.
f) You will be refunded the amount you have paid, once conﬁrmation of your cancellation and refund has been processed and the amount will be credited to the account the payment was made from.
16.1 In purchasing any product or services from the website (‘the purchase’) you agree to Pay using a valid PayPal Account (or other form of payment or use of payment provider as http://www.modelschool.com.au may allow) in the manner required by and under the terms and conditions outlined by the nominated payment system provider;
16.2 Provide http://www.modelschool.com.au with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, account details and billing information as required without limiting any of http://www.modelschool.com.au rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
16.3 You agree to pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase (“the costs”); and
16.4 All costs are in Australian dollars (AUD) unless otherwise indicated.
17. Termination of Membership by http://www.modelschool.com.au or the Trustee for The
Johnston Family Trust
17.1 We reserve the right to terminate this contract in accordance with the following conditions:
a) Failure to abide by rules of use of the website and the Facebook forum
b) Action upon a complaint by either another member or an employee or contractor of http://www.modelschool.com.au.
c) If we believe you are or you have been facilitating the unlawful activity of a third party in respect of the website and further, we are at liberty to take any other action necessary to enforce the terms and conditions of this license.
d) Refund of any membership fees will be based on the nature of the reason for membership termination and at the sole discretion of http://www.modelschool.com.au and the Trustee for The Johnston Family Trust.
17.2 Membership Termination Process by http://www.modelschool.com.au or The Trustee for The Johnston Family Trust. If for any reason stated in clause 17. http://www.modelschool.com.au or The Trustee for The Johnston Family trust terminates your membership, the following process will be followed:
18. to: a), b), c), d)
18.1 a), b), c) Advice in writing of pending termination no later than 7 (seven) days prior to the proposed date of termination (except where the reason for termination presents a risk to other clients or Model School staff).
d) Refund of any membership fees will be based on the nature of the reason for membership termination and at the sole discretion of http://www.modelschool.com.au or The Trustee for The Johnston Family Trust.
19. Model Search and Prizes
19.1 To enter our Model Search, entrants must complete all requirements as listed on the website and entries must be received by the promoter by the close of business on the speciﬁed closing date.
19.2 The winner/s may be required to take part in promotional activity related to the prize and the winner/s shall participate in such activities at our reasonable request. The winner/s consent to the use by us and our related entities, both before and after the closing date of the Model Search for an unlimited time, of the winner’s voice, image, photograph, video and name for publicity purposes (in any medium, including still photographs and ﬁlms, and on the internet, including any websites hosted by us and our related entities) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Model Search, all entrants consent to the same.
19.3 The winner/s are judged by a Panel of fashion experts, which may consist of Agencies, their staff, Magazine editors, Photographers and Designers. The judges’ decision is ﬁnal and binding. As such, no correspondence will be entered into.
19.4 We accept no responsibility for any damage loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our Model Search, or accepting the prize. If any prize is unavailable, for whatever reason, the promoter reserves the right to substitute the prize for a prize of equal or greater value.
19.5 Each entrant’s personal information is collected to enable the promoter to administer and promote the Model Search and the winner/s. The personal information of winners may be provided to third parties who are assisting the promoter, including prize suppliers, deliverers and authorities that regulate model searches and competitions. Entrants who fail to provide all requested personal information, may be determined by the promoter at its sole discretion, to be ineligible to win the Model Search or receive the prize. Errors and omissions may be accepted at the promoter’s discretion. Failure by the promoter to enforce any of its rights at any state does not constitute a waiver of those rights.
19.6 The promoter reserves the right at its sole discretion to disqualify any individual who the promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Model Search. The promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
19.7 All entrants agree upon entry that they are responsible to ensure they can obtain a current passport to be able to take delivery of the prize, should they be selected as a winner. Any costs associated with obtaining a passport and/or visa to be able to enter Australia to take collection of the prize will be at the responsibility and cost of the entrant.
19.8 All Model Search prizes including Economy Airfares, Accommodation, Meals, Travel, Entertainment, Shoots and Photographs that form part of the prize are non-transferrable and cannot be redeemed for cash.
19.9 Model Search winners are responsible for ensuring they allow enough time to arrive at airport speciﬁed on ticket and meet all airport, security, and baggage guidelines. The promotor takes no responsibility for missed ﬂights. Tickets are non-transferrable and non-refundable.
20.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the products and services offered by the Website, and as we
make no representations to you in respect of your use of the course material, video’s and/or the products or services offered by the Website, ©http://www.modelschool.com.au and The Trustee for The Johnston Family Trust provides no warranty as to any results or outcomes associated with using the course material, nor in respect of any use of the products or services offered by the Website.
20.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
21. Medical Disclaimer
21.1 We are not a medical organisation and Model School by Brittaney Johnston,
http://www.modelschool.com.au and The Trustee for The Johnston Family Trust do not and cannot give or purport to give you any medical advice or assistance in any form. Nothing in the Website, Course or Forum or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualiﬁed practitioners for your particular circumstances and needs.
21.2 You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website,Courses, the Forum and/or its products and services. Model School by Brittaney Johnston,
http://www.modelschool.com.au and The Trustee for The Johnston Family Trust, encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Courses and/or its products or services.
21.3 You agree that neither Model School by Brittaney Johnston, http://www.modelschool.com.au, or the Trustee for the Johnston Family Trust nor any of our afﬁliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services, offers or results referred to in the Website, and speciﬁcally do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the forum, the Courses, or its products and services, is at your sole risk. 22. Limitation of Liability
Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
23. Our Rights to Modify Services
23.1 You acknowledge that Model School by Brittaney Johnston, http://www.modelschool.com.au and The Trustee for The Johnston Family Trust are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see ﬁt.
23.2 Model School by Brittaney Johnston and http://www.modelschool.com.au will publish any intended changes on the website and/or Facebook Forum and you will be deemed to have accepted such changes when you ﬁrst access the Website and/or Forum following our publication of the notice of change on the website.
These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
25.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
25.2 You are liable for all content posted by you on the Facebook Group Forum.
25.3 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in
relation to the Website or that by your actions of conduct.
25.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.
26.1 Entire agreement: These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date. 26.3 Model Search start dates may vary and are at the discretion of the website owner.
Model School by Brittaney Johnston terms and conditions current 29/06/2016