TERMS AND CONDITIONS OF SERVICES PROVIDED AND WEBSITE TERMS OF USE

 

BRIGHTSPACE LEARNING– GENERAL TERMS & CONDITIONS

Photos and video recordings

The Brightspace learning may film and photograph Events (workshops, classes and events) and Tutoring. You consent to participants booked on your behalf, to being filmed or photographed by The Brightspace Learning (or its representatives) and to The Brightspace Learning using your images and/or recordings for the purpose of promoting and advertising events, services and products including but not limited to digital, web, social media, online and offline. No remuneration is payable for such use.

If you do not wish yourself or your child to be photographed or filmed, please advise The Brightspace Learning by emailing hello@thebrightspace.com.au prior to your/their attendance.

Event and Tutoring conduct

The Brightspace Learning reserves the right to refuse entry or require you to leave if your behaviour is deemed unacceptable.

 

THE BRIGHTSPACE LEARNING– EVENTS TERMS & CONDITIONS

These Event Terms (Terms) govern your purchase of tickets for, and attendance at courses, workshops and events held by The Brightspace Learning (Event/s). It is your responsibility to review these Terms prior to the purchase of tickets. By purchasing tickets you agree to be bound by these Terms. We reserve the right to amend these Terms at any time but in line with consumer law and will provide the most recent version on our website.

Throughout these Terms, the terms “The Brightspace”, “we”, “us” and “our” refer to The Brightspace Learning and its associated entities, and “you” refers to the individual or business purchasing tickets or attending Events.

Event booking and ticket purchase

  1. You must pay GST and the processing fee as listed at checkout
  2. Prices are subject to change, and The Brightspace Learning will use best endeavours to inform you if there is a change.
  3. Full payment must be received prior to the event
  4. Your booking is confirmed when you receive an email notification and receipt from The Brightspace Learning
  5. Your ticket includes all materials required for the session unless stated otherwise in your booking
  6. Your ticket does not include food/drink unless stated otherwise in your booking
  7. Doors open 10 minutes before the session begins. Please arrive on time.
  8. For children Events, nut free snacks and food are permitted on site.
  9. For adult Events, bringing your own wine and beer is permitted. No spirits permitted.

Refunds, credits and transfers

  1. All ticket sales are final
  2. A ticket is transferable to another person if requested in writing to hello@thebrightspace.com.au with the person’s full name and email address, prior to the Event beginning.
  3. At least 3 days written notice is required to cancel, in which a credit will be issued for use within 12 months. Email hello@thebrightspace.com.au.
  4. If cancelled within 3 days, no credit or refund will be issued.
  5. No refund or credits will be issued for absences.

Event cancellation and postponement

  1. Sometimes Events are cancelled, varied, rescheduled or postponed due to Force Majeure Events, situations which affect the artist or other causes.
  2. Further, minimum numbers will be required for the event to proceed.
  3. If the event is cancelled or postponed by us, a credit will be issued for use within 12 months

 

THE BRIGHTSPACE LEARNING– TUTORING TERMS & CONDITIONS

These Tutoring Terms (Terms) govern your purchase of tutoring services for your child, held by The Brightspace Learning (Tutoring). It is your responsibility to review these Terms prior to the purchase of services. By purchasing the service you agree to be bound by these Terms. We reserve the right to amend these Terms at any time but in line with consumer law and will provide the most recent version on our website.

Throughout these Terms, the terms “The Brightspace”, “we”, “us” and “our” refer to The Brightspace Learning and its associated entities, and “you” refers to the individual or business purchasing Tutoring services.

Tutoring booking and purchase

  1. Once your day and time is confirmed, you must pay online, including GST and the processing fee as listed at checkout
  2. Prices are subject to change, and The Brightspace Learning will use best endeavours to inform you if there is a change.
  3. Full payment must be received prior to the Tutoring
  4. Your booking is confirmed when you receive an email notification and receipt from The Brightspace Learning
  5. Nut free snacks and food are permitted on site.
  6. Tutoring sessions run up to 55 minutes each

Refunds and credits

  1. All term purchases are final
  2. At least 24 hours written notice must be provided to hello@thebrightspace.com.au if unable to attend, in which a make-up session can be scheduled. 
  3. If a make-up session is not feasible, a credit will be issued for use in the following term
  4. For cancellations within 24 hours, no credit or refund will be issued.

Tutoring cancellation and postponement

  1. Sometimes Tutoring is cancelled, varied, rescheduled or postponed due to Force Majeure Events, situations which affect the tutors or other causes.
  2. If Tutoring is cancelled by us, a make-up session can be scheduled
  3. If a make-up session is not feasible, a credit will be issued for use in the following term

 

THE BRIGHTSPACE LEARNING– GIFT VOUCHER TERMS & CONDITIONS

These Voucher Terms (Voucher) govern your purchase of gift vouchers for activities held by The Brightspace Learning (Voucher). It is your responsibility to review these Terms prior to the purchase of products or services. By purchasing the product or service you agree to be bound by these Terms. We reserve the right to amend these Terms at any time but in line with consumer law and will provide the most recent version on our website.

  1. Vouchers expire 3 years from date of purchase
  2. Vouchers can only be redeemed at The Brightspace Learning for any scheduled art class or tutoring session
  3. They can not be redeemed for cash and no change or refund will be given.
  4. Vouchers can be used for services of higher value with payment of the difference
  5. Booking fees may still apply

 

THE BRIGHTSPACE LEARNING– WEBSITE TERMS OF USE

This website (Site) is operated by The Brightspace Learning ABN 43 971 379 936 (we, our or us).  It is available at: www.thebrightspace.com.au and may be available through other addresses or channels.

Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (available on our Site). (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.  

No commercial use: Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.]

Information: The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law. 

Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

  1. copy or use, in whole or in part, any Content; 
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

Third party sites: Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; 
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our Site may be accessed throughout Australia and overseas.  We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

For any questions and notices, please contact us at:

The Trustee for JMB Family Trust, trading as The Brightspace Learning, ABN 43 971 379 936

Email: hello@thebrightspace.com.au

Last update: 17-10-2023