Alliance française de Canberra - terms and conditions

Terms and conditions


These terms and conditions (Terms and Conditions) constitute a legally binding contract Alliance Française de Canberra Inc Registration Number 113999858 of 66 McCaughey Street, Turner, ACT 2601 (we, our, us) and the user (you, your).

We operate the website located http://www.afcanberra.com.au/ (website).  These Terms and Conditions apply to your use of the website, Content and Facilities and the purchase of our goods and services.  By viewing the Content, using the Facilities, creating a Client Account or ordering goods and services from the website, you acknowledge and agree that you have had sufficient opportunity to read and understand these Terms and Conditions, and that you agree to be bound by them.

1. Definitions

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth) and which appears on the website.

Facilities means any feature that appears on the website that enables you to access or use the Content.

Client Account means an account created by you for the purposes of accessing the Content and Facilities.

2. Membership

(a) Subject to clause 3, you must be a registered member of the Alliance Française de Canberra in order to enroll in our courses, receive private tuition and pass the DELF and DALF exams.

(b) Membership is available to all individuals who are at least eighteen (18) years old.

(c) Membership is valid for one (1) year from the date your membership fee is paid, and we will advise you when your membership is due for renewal.

(d) The annual membership fees and membership rights are contained on the website.

(e) Once paid, membership fees are non-refundable, unless membership was purchased simply to access a course, and we cancel the course, or you have withdrawn due to illness, and a medical certificate is presented to the Administration staff. 

(f) Membership fees and membership rights may be varied at our discretion; any variation of the applicable membership fees and corresponding membership rights will take effect upon your membership being renewed.

3. Minors

(a) Students who are under eighteen (18) years of age must pay an annual junior membership fee in order to enroll in our classes, receive private tuition and pass the DELF and DALF exams.

(b) The junior membership fee is valid for one (1) year from the date the junior enrolment fee is paid, and we will advise you when the junior enrolment fee is subsequently due for payment.

(c) The annual junior membership fee and corresponding rights are contained on the website.

(d) Once paid, the junior membership fee is non-refundable, unless membership was purchased simply to access a course, and we cancel the course, or the student withdraws due to illness (supported by a medical certificate).

(e) The junior membership fee and any corresponding rights can be varied by us, in our discretion.  Any variation of the junior enrolment fee and corresponding rights will take effect upon the subsequent junior membership fee being paid.

(f) These Terms and Conditions apply to the parents or guardians of students who are aged less than eighteen (18) years of age.

4. Courses

4.1 Enrolment

(a) The details of our courses, course fees, course materials and commencement and completion dates for courses are located on our website. These terms and conditions cover all classes and programs, including holiday programs and summer intensive courses.  

(b) We will offer face to face classes and online classes.  We may need to change the format of classes from face to face, to online, and no refund or discount will be available if this occurs. 

(b) Unless we advise otherwise, the educational materials required for each course must be purchased separately to that course.

(c) If you are enrolling in a course, you must enrol for a minimum of 8 classes.  Late enrolments to classes may be allowed at our discretion. 

(d) If you cannot attend your regular class, you may attend two catch-up classes per term.  You will need to notify the AFC front office staff before the time of your normal class, seek approval to attend an alternative class, and only attend if approval is granted. 

(e) If you are new to our courses and have previously learnt French, we recommend that you take our online assessment test before enrolling in a course, so that we can determine which course you should enroll in.

(f) To ensure that you are learning effectively, we may redirect you to another course, if we consider that it would be beneficial to your learning.

4.2 Withdrawal

(a) You will be entitled to a refund of:

(i) the full course fees if you withdraw at least five (5) business days prior to the course commencing; and

(ii) sixty percent (60%) of your paid course fees if you withdraw 4 days or less prior to the course commencing. 

Sixty percent (60%) of your paid course fees, less ten percent (10%) of the original total fees for each class you have attended if you withdraw after the course commences. However, if you have not attended any classes and have not advised us beforehand, you will still be charged for the classes you failed to attend.

(b) You will not be entitled to a refund of your course fees once we have taught fifty percent (50%) of the course.

(c) We will consider a request for transferring from one (1) course to another course (1) if there are exceptional circumstances.  We may request evidence of your exceptional circumstances, for instance, in the case of illness, a doctor’s certificate.

(d) You will be entitled to a credit note of:

(i) The full paid course fees if you withdraw at least five (5) business days prior to the course commencing;

(ii) eighty percent (80%) of your paid course fees if you withdraw 4 days or less prior to the course commencing.

(iii) Eighty percent (80%) of your paid course fees, less ten percent (10%) for each class you have attended if you withdraw after the course commences. However, if you have not attended any classes and have not advised us beforehand, you will still be charged for the classes you failed to attend.

(e) You will not be entitled to a credit note of your course fees once we have taught fifty percent (50%) of the course or if you fail to advise the Administration by email or mail, as soon as you stop attending classes.

(f) Please note that the credit note is valid for a year and cannot be refunded at any time.

(g) We will consider a request for transferring from one (1) course to another course (1) or deferring a course only in the first three weeks of term, and if there are exceptional circumstances.  We may request evidence of your exceptional circumstances, for instance, in the case of illness, a doctor’s certificate.

(h) All applications for refunds, or course deferments or transfers must be directed to the administration:

    (i) email: administration@afcanberra.com.au ; enquiries@afcanberra.com.au; or

    (ii) by post: PO Box 6125 O’Connor 2602 ACT

4.3 Cancellation

(a) If we have insufficient student numbers for a course, we may within three (3) weeks of that course commencing:

(i) divide, combine or cancel a course;

(ii) adjust the number of hours for the course; or

(iii) continue to offer the course, with a revised course fee.

(b) If we cancel your course, you may request a transfer to another class, a credit note or full refund of your paid fees, less the number of classes you have attended.

(c) Credit notes are not transferable or refundable and must be used within one (1) year of being issued.

4.4 Teachers

We do not guarantee that you will have the same teacher for the duration of your classes.

5. Private tuition

5.1 Enrolment

(a)  Unless we advise otherwise, the educational materials required for your private tuition lessons must be purchased separately to your private tuition lessons.

(b) Private tuition lessons must be completed within six (6) months of being purchased.  Private lessons can only be arranged during teaching terms. 

5.2 Location

(a) Private tuition is available at 66 McCaughey Street, Turner, Australian Capital Territory, 2601, or online. 

5.3 Fees

(a) If you are receiving private tuition, you must pay private tuition in lots of ten (10), fifteen (15), or twenty (20) hours, unless we advise otherwise.

(b) Private tuition fees must be paid in advance, at least 5 days prior to the private tuition commencing. 

(c) There are no refunds for private lessons unless you withdraw for medical reasons and provide us with a medical certificate. 

5.4 Cancellation

(a) You must provide us with at least twenty-four (24) hours’ notice if you would like to cancel your private tuition lesson. 

(b) If your private tuition lesson falls on a Monday, you must notify us if you would like to cancel your private tuition lesson on the Friday.

(c) If notice is not provided, you will be charged for the lesson as if it had taken place. 

(d) If you provide us with 24-hour notice, we will arrange another private lesson time. The teacher for this may not be your usual teacher, and we will only arrange two (2) changed classes per student per term. 

(e) If we cannot arrange another private lesson time, you will be given a credit note for use at the Alliance Française de Canberra.

(f) If you are in a group lesson, mutual consent between participants is required to organize a catch-up.

(g) If you are in a group lesson and cannot attend your class because you are sick and are able to provide us with a medical certificate, we will either offer a credit note of the value of the missed class or offer a catch-up class in a regular class. We will not organize a one-to-one private lesson catch-up.

6. DELF DALF exams

6 Enrolment

Enrolment for the DELF DALF exams must be carried out on the Alliance Française de Canberra website.

(a) Candidates for the DELF DALF exams need to be members of Alliance Française de Canberra to take the exam at Alliance Française de Canberra.

(b) Enrolments will not be confirmed until the full application fee and signed forms have been received by the front desk staff (please consult website or brochure for the most up-to-date costs). Registrations without payment will not be processed.

(c) Enrolments must be made 4 weeks prior to the date of examination. Payment is non-refundable and non-transferable unless a medical certificate is provided.

7. Public holidays

(a) If any of your course classes falls on a public holiday, your teacher will inform you of the time and date the make-up class for that course will be held.

(b) We do not provide discounts or refunds for course classes that fall on a public holiday.

8. Medical attention

(a) If, during the course of your attendance at a course or private tuition lesson, you require medical attention, you authorise us to seek medical, hospital or ambulance services on your behalf, where we consider it necessary or appropriate to do so.

(b) You are responsible for payment of any expenses and fees in relation to these medical, hospital or ambulance services.

(c) If you or your child (taking a course with us) has a serious medical condition or allergy, you must notify us.  If you or your child may suffer anaphylaxis, you must supply your own EpiPen. 

9. Materials

(a) Course and private tuition materials cannot be returned or exchanged, unless we change the course or private tuition lesson requirements and these changes result in you purchasing new materials

(b) Materials that are returned subject to clause 8(a) must be unused and in new condition, and within our reasonable timeframes, unless we agree otherwise

(c) The materials used during the various courses may not be used in an exhaustive manner. Teachers and the Deputy Director devise the programs for all courses and may decide to overlook certain parts of certain materials.

10. Resources

You may access our resources subject to payment of your membership fee (or administrative fee, if applicable) and compliance with our rules of access.

11. Events and linguistic stays

(a) We may advertise events and linguistic stays for you to attend.  These events and linguistic stays are subject to any additional terms and conditions we advertise, including payment of fees.

(b) Your attendance at the event or linguistic stay indicates your acceptance of the additional terms and conditions.

12. Discounts

(a) We may offer discounts for classes, private tuition and educational materials, and these discounts may apply for a limited time only.

(b) Unless advised otherwise, you cannot combine multiple discounts for the purchase of courses, private tuition and educational materials.

13. Payment

13.1 Purchase

(a) You are, by completing and providing us with the relevant forms for the purchase of courses, private tuition or educational material, making an offer to purchase.

(b) Your offer to purchase is accepted by us, once we receive payment from you.

(c) Once we accept your offer, we are deemed to have sold to you and you have bought from us the relevant courses, private tuition or educational material.

13.2 Prices

All prices on this website apply to the purchase of the courses, private tuition and educational material at the time you offer to purchase the course, private tuition and/or educational material and not at any other time.

13.3 Goods and Services Tax

Unless stated otherwise, all prices are inclusive of Goods and Services Tax and are in Australian currency.

13.4 Payment

Unless we advise otherwise, payment can be made by cash, cheque, or credit card.  Payments by credit card can be made at our front desk, on the telephone, or online.

13.5 Payment for courses and private tuition

(a) All fees for courses and private tuition must be received by us prior to the course or private tuition commencing.

(b) Enrolment in a course or private tuition will only be confirmed upon payment of all fees prior to the first lesson commencing.

(c) If your payment has not been received by us prior to the course or private tuition commencing, you may be refused access to the classes or private tuition until we receive your payment.

(d) We may, in our discretion and if requested, provide you with the option to pay the required course fees by instalment. Payment in instalments must commence with a 25% deposit, and full payment for a course must be received by the fifth week of classes.  Membership fees and materials cannot be paid in instalments.

(e) We will not provide a refund to you for any class or private tuition lesson you have failed to attend.

13.6 Credit cards

Payments by credit card will incur a surcharge of 1.2%.  Payments by American Express card will not be accepted. 

13.7 Other purchases

Unless we advise otherwise, these Terms and Conditions will apply to other purchases you make with us.

14. Deliveries

All educational material purchased or ordered must be picked up at our premises (66 McCaughey Street, Turner, Australian Capital Territory, 2601) before or on the day you commence your course or private tuition. 

 

In exceptional circumstances where members cannot pick up educational material, we may, at our discretion, post material to your nominated address.  Shipping costs will be at the expense of the member. 

15. Client Account

(a) You may be required to establish a Client Account in order to purchase goods and services from us.

(b) You agree to keep any password provided in relation to your Client Account confidential and you must not share the details of your Client Account with third parties.

(c) We reserve the right to limit, cancel, suspend, or terminate your Client Account without notice and without providing a reason if we believe you are breaching any of these Terms and Conditions or are of the opinion that your use of the Client Account may be a breach of a third party’s intellectual property rights.

(d) You agree not to hold us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Client Account.

16. Content

(a) Unless otherwise indicated, we reserve all copyright in the Content and design of the website.  We own all such copyright or provide it to you under the terms of a limited licence embodied in these Terms and Conditions each time you visit the website.

(b) You may download, print, or copy Content for your own use. Unless we agree otherwise, you must not sell, lease, furnish or otherwise permit or cause others to provide access to the website.

(c) You must not use, reproduce, communicate, publish, or distribute any of the Content, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act).  In particular, you must not reproduce or use any of the Content for commercial benefit.

(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, micro copying, photocopying, or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

17. Prohibitions on use of website

This website, Content and Facilities must not be used in any manner that infringes our rights. In using the website, you must not:

(a) data mine or conduct automated searches on the website or the Content, whether through the use of additional software or otherwise;

(b) frame or mirror the website;

(c) tamper with, hinder the operation of, or make unauthorised modifications to the website or any of its content;

(d) transmit any virus, worm or other disabling feature to or via the website;

(e) abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;

(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the website or the domain;

(g) use the website to send commercial, unsolicited, or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

18. Policy

In using the website, you are deemed to accept the terms and conditions of our Privacy Policy.

19. Purchase of goods and services

In purchasing goods and services from the website, you are deemed to accept these Terms and Conditions and any other terms and conditions applicable to the purchase of those goods and services which you have been advised of prior to your purchase.

20. Website access

(a) We may without notice suspend access to the website or disconnect or deny you access to any part of the website during any technical failure or maintenance period.

(b) We may also choose at our sole discretion to block or deny you access to any of the Content or Facilities contained on the website.

(c) We may make improvements and or changes to the website and the Content at any time without notice.  We do not warrant that the information architecture or navigation will not change now or at any time in the future.

21. Disclaimer and limitation of liability

21.1 No duty of care

(a) You access this website at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to those contained in these Terms and Conditions.

(b) We make the website available for you to use, however we do not assume a duty of care to you.  We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability, or fitness for purpose of the Content and the Facilities.

(c) You must make your own investigations to ensure the Content is accurate before you rely on it.

21.2 Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

(a) your use of the website is at your sole risk.  The service is provided on an "as is" and "as available" basis. We, and our officers, employees and agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b) we make no warranty that:

(i) the Content and Facilities will meet your requirements;

(ii) the Content is accurate or reliable;

(iii) the Content and Facilities will be uninterrupted, timely, secure or error-free;

(iv) the quality the Content, or other material obtained by you will meet your expectations; and

(v) any errors or will be corrected;

(c) any Content downloaded or otherwise obtained through your use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Content; and

(d) no advice or information, whether oral or written, obtained by you from us, or through or from the Content creates any warranty not expressly stated herein;

21.3 Limitation of liability

(a) Except for certain statutory warranties under consumer protection laws we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content and Facilities or your use of the Content and Facilities.

(b) Subject to any claims available under consumer protection laws, we and our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

(i) any inaccurate or incorrect Content;

(ii) your use of the Content and Facilities;

(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content and Facilities;

(iv) any interference with or damage to your computer systems which occurs in connection with use of the Content and Facilities;

(v) the cost of procurements of substitute goods and services resulting from any goods or services purchased or obtained through the Content and Facilities;

(vi) any unauthorised access to or alteration of your Client Account information.

(c) for claims that cannot be excluded or restricted under consumer protection laws, our liability for such a claim will (at our option and to the extent permitted by law) be limited to:

(i) in the case of goods:

    I. repairing or replacing those goods; or

    II. paying the cost of having those goods repaired or replaced; and

(i) in the case of services:

    I. resupplying those or equivalent services;

    II. paying the cost of having those services resupplied.

22. Miscellaneous provisions

22.1 the jurisdiction

No representation or warranty is made that the Content and the Facilities complies with the laws of any country outside of Australia.  If you access the website from outside Australia, you do so at your own risk.

22.2 RSS Feeds

If you utilise any of the Facilities on the website such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with.  You must include the back link to the full article on the website and show any included attestation.

22.3 Trademarks

We may be the owner of several common law (or where indicated), registered trademarks which appear on the website.  Unauthorised use of these trademarks will infringe our intellectual property rights.  If you have infringed our rights in this regard, we reserve our right to take action against you.

22.4 Changes to Terms and Conditions

We may change the Terms and Conditions at our discretion by providing notice on the website.  The version of the Terms and Conditions that applies to you will be available on the website each time you visit the website.

22.5 Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement between you and us.  Any contact with us, our officers, employees, and agents which includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

22.6 Indemnity

By using this website, you indemnify us and our officers, employees and agents against any claim or proceeding that is made, threatened, or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur or suffer as a direct or indirect result of:

(a) a breach of these Terms and Conditions;

(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the website;

(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trademark.

22.7 Governing law and jurisdiction

The laws of the Australian Capital Territory and Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of the Supreme Court of the Australian Capital Territory and the Federal Court of Australia.

22.8 Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

22.9 Waiver

If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver of our right to act with respect to subsequent or similar breaches.

22.10 Headings

Headings are for convenience only and do not form part or affect the interpretation of these Terms and Conditions.

 

23. Health requirements

We prioritise the health of our staff and students, and we will follow ACT Government requirements to maintain a safe and healthy environment for teaching and learning.  This may, for example require us to move classes from face-to-face to online, and to require masks to be worn on our premises. 

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