DERMA INSTITUTE: TRAINING TERMS AND CONDITIONS

1. Definitions and Interpretation

1.1 In these Conditions, the following words have the following meanings:

Course: courses and training in the provision of aesthetics procedures provided by us;

Course Materials: all information, instructions and materials provided to you before or during the provision of the Course;

Deposit: part payment of the Fee of an amount requested by us;

Fee: the fee due for the Course;

Model: the live model patients attending the Course to allow you to administer the aesthetic procedures;

Personal Data: any information relating to an identified or identifiable individual; and

we, us: Derma Courses Limited, company number 10244032 and registered office at 602/488 Bourke Street, Melbourne Victoria 3000.

1.2 Words in the singular include the plural and in the plural include the singular.

1.3 Headings shall not affect the interpretation of these Conditions.

1.4 References to a Condition are, unless otherwise provided, references to the conditions of these Conditions.

1.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.

1.6 Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.

2. Formation of Contract

2.1 By registering to attend a Course you agree to be bound by these Conditions which apply to the exclusion of all other terms and conditions of business, including any that you may provide, and any terms implied by law, custom or practice to the maximum extent permitted by law.

2.2 Your place on the Course is non-refundable and non-cancellable on the earlier of payment of the Deposit or payment of the Fee.

2.3 You warrant that all information that you provided to us at the time of booking is accurate and complete, including information relating to your profession, experience and your professional identification or registration number. If any information provided to us is false, incomplete or inaccurate, we shall be entitled to cancel your place on the Course without a refund.

3. Provision of the Course

3.1 We intend to provide the Course at the venue and on the date set out at the time of booking and we shall use all reasonable endeavours not to change the venue or date for the Course. But you agree that, due to circumstances beyond our control, we may be required to do so. In such circumstances, we shall notify you as soon as possible, and you may either agreed to the change of venue and/or date as the case may be, or obtain a refund of all sums paid at the date of such notification. We shall have no other liability to you if we do change the date or venue for the Course.

3.2 You shall comply with all rules and regulations of the venue for the course including all security, health and safety and other policies relating to the venue for the course that may be provided to you from time to time.

3.3 We may make changes to the Course from time to time which we consider improvements, which reflect legal or regulatory requirements or which do not materially affect the nature of the Course.

4. Your obligations

4.1 You shall do your best to attend all of the Course and to notify us if you are unable to do so.

4.2 You acknowledge and agree that you may not administer an aesthetic procedure on a Model if you have failed to attend any part of the Course, or if we reasonably believe that you have not made appropriate progress and/or understood in sufficient detail the requirements of the Course.

4.3 Notwithstanding Condition 4.2, you agree that in respect of any aesthetic procedure you administer on a Model you will administer that procedure in accordance with the Course Materials, all instructions we provide to you from time to time and to the best of your ability. You agree that you will not administer an aesthetic procedure on a Model if you are unsure of how best to carry out the aesthetic procedure.

4.4 You agree that you are responsible for arranging and paying all costs of accommodation and transport that you require to attend the Course.

4.5 You agree that we may use your name, photograph and any testimonial or review you give to us in respect of the Courses to promote the Courses in any media, anywhere in the world without restriction.

4.6 You may not assign or otherwise transfer any of your rights or obligations under these Conditions. You cannot send a replacement to attend the Course in your place. If you try to do so, we shall require the replacement to leave the Course and you shall not be entitled to a refund.

5. Deposit and Fees

5.1 We shall invoice you for the Deposit and the remaining Fee. All invoices shall be paid in full without deduction, counterclaim or set off within 30 days of receipt.

5.2 If you fail to pay any sum by the due date, we shall be entitled to refuse to provide the Course to you, and you shall not be entitled to a refund of any sums paid.

5.3 Please change to “All discounted offers on our courses are subject to complete payment by the end date of sale.”

5.4 Derma Institute Models are asked to make a prepayment of $100.00 prior to there booked treatment. This is fully redeemable against the overall cost on the day.

5.5 Derma Institute confirm that are able to redeem $100.00 pre payment if a Model does not attend the pre booked appointment.

5.6 Any changes to the initial booking of your course may incur a $599 fee. This will be payable upon changing of Training Date. Please Note this fee is non-refundable or non-transferable.

6. Course Materials

6.1 No copyrights or other intellectual property rights in the Course Materials are assigned to you. You agree that you shall not record, photograph or copy all or part of the Course.

6.2 We grant to you a non-exclusive, non-transferable right to use the Course Materials for your own purposes of professional development and improvement.

6.3 You must not make any copies of the Course Materials or distribute or share the Course Materials with any third party for any purpose, whether commercial or professional. The Course Materials are strictly confidential.

You must not remove, suppress or modify any proprietary marking from the Course Materials.

7. Data Protection and Confidentiality

7.1 You agree that as part of the Course, you will receive Personal Data about the Models. You may consider such Personal Data only to determine what aesthetic procedure is appropriate for that Model and then to administer that aesthetic procedure. You must not retain or copy the Personal Data or use it for any other purposes and you agree that all Personal Data relating to a Model is strictly confidential.

7.2 If during the Course you take a photograph of a Model, you agree only to use that photograph to review the aesthetic procedure you have administered. You may not share the photograph with any individual or on social media or otherwise online, and at the request of the Model, you shall delete the photograph from your device, including any backup made of the photograph.

8. Liability

8.1 Notwithstanding any recommendation made by us, you are solely responsible for ensuring that the Course is appropriate and suitable for your needs and professional purposes.

8.2 We prepare the Course Materials and provide the Courses with reasonable skill and care, and subject to Condition 3.3, in accordance with the Course description on our website, but we make no other warranty in relation to Course Materials and/or the Courses.

8.2 Our total liability to you for all claims or series of claims relating to the Course Materials and/or the Course whether in contract, negligence or otherwise for any damages, losses or expenses shall be limited to the total Fee paid by you to attend the Course. We have no liability to you in excess of a refund of the Fee.

8.3 We do not limit or exclude our liability for (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any loss that cannot lawfully be excluded by applicable laws.

9. General

9.1 No amendment or variation to these Conditions shall be valid unless signed by our authorised representative.

9.2 No failure or delay on our part to exercise any right, power or provision under these Conditions shall operate as a waiver.

9.3 No third party shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce these Conditions.

9.4 Each of the provisions of these Conditions is severable and distinct from the others. If one or more provisions is or becomes unenforceable, the enforceability of the remaining provisions shall not be affected.

9.5 These Conditions shall be governed by and construed in accordance with English law and any proceedings arising out of or connected with the Contract shall be subject to the exclusive jurisdiction of the English courts.

10. Complaints

10.1 Delegates/Models who wish to make a complaint formally will be advised preferably to write to the Complaints Manager at Derma Institute’s Head Office and should be sent to support@dermainstitute.com . For reasons of data protection and confidentiality we will only acknowledge receipt of the complaint by email. Response/s will be sent in writing, therefore the patient’s address will be required. We may also require further information for verification purposes i.e date and location of complaint.

10.2 A written acknowledgement will be sent within two working days.

10.3 Once all relevant information of complaint has been received, the Complaints Manager will carry out a review to establish whether the complaint is upheld or not.

10.4 On completion of the investigation, the complainant will receive a letter from the Complaints Manager containing a full written account of the results of the investigation within 20 working days.

10.5 A complaint should be made as soon as possible and within 6 months of the date of the event which is the subject of the complaint or as soon as the matter first came to the attention of the complainant.

11. Cancellation / Refunds Policy

Derma Institute courses are limited so we therefore operate a cancellation policy regarding refunds.

Derma Institute operates a strict cancellation policy. Without exception, the following cancellation policy will apply to all commercial courses:

11.1 Please be informed that any payments for deposits are merely a provisional booking. A confirmed training booking requires full payment.

11.2 Your deposit will not be refunded if the remaining balance is not paid in full four weeks before the actual training dates.

11.3 Please note that there are cancellation fees. 50% of the course fee is instantly non-refundable after your confirmed booking.

11.4 Less than a month before the course, cancellations of bookings are completely non-refundable.

11.5 Any modifications to your course booking or training dates must be made with at least one month’s written notice. Any training course reservations made within one month of the course date cannot be changed or moved.

11.6 No refund will be made if you cancel, fail to attend or do not finish the course.

11.7 We will give you the option to reschedule your training course booking if we are forced to cancel a course due to an unforeseen circumstance, any requests to cancel a course booking in such cases will be covered by our standard cancellation terms.

11.8 Any training schedule or venue may be changed or cancelled at our discretion. Should this be necessary, our team will get in touch with the delegates right once to set up a new date. We do not assume liability for any lodging or travel fees incurred by delegates.

11.9 We have the right to refuse bookings for courses or remove participants who we deem to be disruptive, slanderous, or otherwise hindering our courses.

11.10 All cancellations and transfers must be made within the hours of 9am – 5pm in writing. Any cancellations and transfers falling outside such hours will be deemed to fall within the next business day where a ‘business day’ is any day except a Saturday, Sunday or public holiday. The day the Training Course is to commence will not be counted.

11.11 Derma Institute reserves the right to cancel/reschedule a course if insufficient bookings have been received. Delegates will be offered an alternative date, transfer or a full refund of the course fee.

Please note that the Derma Institute is not liable for any costs incurred by delegates in the event of a course being cancelled/rescheduled

Training Course Bookings:

1.1 Booking requires payment in advance. Privacy statement – We don’t keep a record of payment card information or give it to any parties.

1.2 Following completion of the course, a certificate of completion will be given.

1.3 There will be models of training courses available for educational purposes. Delegates are not required to bring their own models.

1.4 On the training day, participants will share the overall consultation and treatment plans for each model in order to support a team learning exercise and facilitate interactive practical sessions. To provide variety in the theory and practical sessions, there could be various instructors for each course.

1.5 While we make every effort to include a complete list of models for each training session, we cannot promise that there will be models for every single treatment area, and we will not be held liable if models are missing due to unavoidable circumstances.

1.6 The company will offer food; if you have any specific dietary needs, please let us know a week before the session so we can accommodate you.

1.7 Please be advised that late delegates may not be able to participate in the course or receive a certificate.

1.8 All delegates must ensure that they have booked and received the necessary approval for study/annual leave prior to booking on a course with Derma Institute.

Please Note: We cannot guarantee employment for every delegate because we are primarily a training provider rather than a recruitment firm.

Level 7 Courses:

1.1 All Delegates must meet the entry requirements

1.2 Qualifications Regulator and Body (OTHM) sets our Level 7 Diploma in Aesthetic Medicine.

1.3 Neither the specification of this qualification nor any future modifications to the qualification are the responsibility of Derma Institute.

1.4 In order to account for such changes, it might be essential for us to modify our upcoming training programmes to meet the qualification standardisation.

1.5 The same cancellation policy applies to delegates attending our Supervised Practical/guided days, as it does to all of our training courses.

1.6 Delegates forfeit their whole booking fee if they fail to cancel or reschedule Module 2 Supervised Practical/Guided Days with at least one month’s notice.

1.7 If any Supervised dates are missed and are not cancelled in accordance with our usual course cancellation terms and conditions.

1.8 All delegates who have registered for Level 7 Module 2 will be charged a cost of $999 (including GST) per Guided day which has not been attended.

Company Offers

1.1 Please be advised that Derma Institute reserves the right to revoke any discounted offers.

1.2 Offer prices must be fully paid to ensure course placement.

1.3 No extensions will be granted following the end of the offer date.

Travel/Accommodation

The cost of any travel or hotel/accommodation expenditures incurred by delegates to attend our courses is not something we accept responsibility for.

Photography:

1.1 We ask participants not to record any of our training sessions on camera or with a video camera.

1.2 The before-and-after pictures are for your training portfolio and are still Derma Institute’s property to be used to document your progress.

1.3 Delegates are not permitted to use these pictures in their personal or professional websites or on social media.

1.4 On the training day, Derma Institute may capture pictures for use on our website, social media pages, and marketing initiatives. At the start of the day, upon completing the course registration, all delegates will be asked if they want to participate, and we will gain your consent.

1.5 Please let the organiser know on the day of the training if you do not want to appear in any images. Please email info@dermainstitute.com.au if you have any questions or if you want us to take down a photo of you.

Online Training Videos:

1.1 Experienced Aesthetic Practitioners who have already attended courses are encouraged to check out our online training videos.

1.2 Delegates will have 12-month online access to videos after making a purchase. After then, access can be renewed for a repeat purchase cost.

1.3 Our online training video purchases are not refundable.

Last updated: January 2023