Terms and Conditions
The websites at https://www.jnrengineers.com and https://www.jnrengineers.com.au (Website) is owned and operated by Skilligence Pty Ltd (ACN 600 600 164) of 92 Chapel Hill Road, Chapel Hill QLD 4069, Australia “Junior Engineers”. The terms “Junior Engineers”, “we”, “us” or “our” refer to Skilligence Pty Ltd or related body corporate providing the services described below.
We carry on a business to let children pursue their passion for technology by offering hands-on, interactive, after-school workshops, weekend, school holiday and online programs in coding and robotics including through use of our Website and various Software platforms (Services).
“You” or “your” refers to any user of our Website or our Services and includes where the context permits a parent, guardian and or student.
Please read these Terms and Conditions carefully before accessing or using the Website, our Portal or any of our Services.
Should you continue to use this Website, our Portal or accept our Services, you are agreeing to comply with and be bound by our Terms and Conditions. Similarly, by registering as a student or registering a student on their behalf, you agree to be bound by these Terms and Conditions.
Should you not agree to our Terms and Conditions, please do not use our Website, our Portal or our Services.
1. Key Terms
Course means a workshop or program run by us as part of our Services to you.
Data includes all information or data submitted by you or on your behalf via the Website, the Portal, by telephone or otherwise.
Portal means a web portal provided by us that allows us to co-ordinate the provision of the Services.
Products means goods or services offered for sale by a Third-Party Vendor or Junior Engineers.
School means a property or premises (including facilities contained with that premises) that is provided to us for the purposes of running a workshop.
Services means the hands-on, interactive, after school workshops, weekend, school holiday and online programs in coding and robotics offered by us, including through use of our Website and various Portals.
Software means the Portal, any mobile applications, administrative codes, application programming Interfaces (APIs), plug-ins or other software we make available to you, and includes any interfaces, applications and Portals made available in connection with the use of any specific software programs.
Student means an individual that is enrolled in a workshop provided by us.
Third Party Products means goods or services offered for sale by a Third-Party Vendor which may be accessed via our Website.
Tuition Fee means the fees payable to us for registering and enrolling a Student in a Course.
User is an individual who accesses the Website, the Portal or otherwise makes use of our Services. Users include students, parents and guardians, and can be, but are not limited to, your employees, contractors, agents and any third party you invite to use the Service on their behalf.
Workshop means a workshop class run as part of a Course.
- If you accept these Terms and Conditions, you represent that you have the capacity and authority to be bound by them. If you accept or agree to these Terms and Conditions on behalf of each User authorised by you, a company or other legal entity, you represent and warrant that you have the authority to bind that User, company, or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity. If you are under eighteen (18) years of age, then your parents or legal guardians will be required to agree with and by bound by these Terms and Conditions.
- We may amend the Terms and Conditions related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this location or the amended policies on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and Conditions, as amended.
3. How our Services Work
- Unless otherwise agreed by us in a separate written agreement with you, our Services are made available solely to Students and their parent or guardian and is subject to registration and enrolment upon these Terms and Conditions.
- Enrolment and registration: Enrolment is confirmed only when we send you a confirmation email that the Student has been successfully enrolled in the Course. We reserve the right to refuse enrolment to any Student at our sole discretion.
- Try it for free: Students can try the first Workshop of a program delivered throughout the school term as either a before or after school program for free. If for any reason the Student does not wish to continue with the rest of the Course, you may cancel the Student’s enrolment by notifying us in writing at any time prior to the second class, with no further obligation. If the Student chooses to continue then the first Workshop Tuition Fee is payable.
- If the Student is likely to miss a Workshop, please let us know in advance and we will determine if a credit for that session can be applied. However, if a Student does not attend a session and we were not advised prior to the lesson, the Student will forfeit that Workshop without compensation.
- Your general responsibilities:
- You are responsible for Student transport to and from each Workshop and agree to be bound by and to adhere to our Duty of Care Policy which has been developed to ensure the safety and welfare of Students.
- We request that you remain with the Student until the Student has been signed in and until the instructor is ready to start the class, to ensure that the Student is not left unsupervised in or around the classroom.
- Please note that we cannot supervise Students outside of Workshop times, nor can we adjust starting times for Students who arrive early or late.
- Please keep us notified of your current contact details, including any updates from time to time. Each parent or guardian agrees to submit up to date and accurate data about their personal information together with such other Data relevant to the performance of the Services and our Duty of Care.
- We try to accommodate Student special needs or particular areas of interest. If you have any concerns please let us know.
- Parents and siblings are not allowed to stay at the class as this can disrupt other Students.
- Parents are required to collect Students directly from the classroom at the end of class. If a Parent authorises the Student to make their own way home after class or meet at an alternative location for collection, the Parent assumes full responsibility and duty of care for the Student, once the student has left the classroom at the conclusion of the Workshop.
- Tuition Services
- Scheduling of Workshops: We will use reasonable efforts to run Workshops according to schedule. In rare circumstances, Workshops may be rescheduled or moved to different classrooms due to circumstances outside of our control. However, we will give you as much advance notice as possible of any changes.
- Cancelling a Course: We may cancel the Course, even after we have confirmed the Student’s enrolment, if:
- there are insufficient Student enrolments; or
- the instructor or the venue becomes permanently unavailable, in which case we will give you a pro rata refund of the Tuition Fees.
- Behavioural issues: We will abide by our Duty of Care Policy to all Students and work hard to ensure that all Students realise their full potential. We will consult with you if either you or the instructor feel that the Student is affected by behavioural or other factors in class. However, if the issues cannot be resolved, we reserve the right to cancel the Student’s enrolment, in which case we will give you a pro rata refund of the Tuition Fees.
- Student progress in the Course depends on a wide variety of factors, including the Student’s own level of interest, motivation, enthusiasm, effort and aptitude. Merely attending the Course doesn’t guarantee that the Student will learn new skills or attain any particular level of competency.
- Permission for use of photographs/videos of students:
- Participants at Junior engineers’ Workshops will be involved in various activities where they may be photographed and/or be filmed. Photographs and/or videos of Students may be reproduced in our publications, marketing materials and website for promotional purposes.
- By accepting our Terms and Conditions parents/guardians have given consent for Junior Engineers’ to use and publish photographs and/or videos of your child for promotional purposes. However, a parent/guardian is also able to give Junior Engineers’ written notification that photo and video consent has not been given.
- Course Materials & Equipment
- We may provide the Student with Course materials in which we own the copyright.
- Students may make copies or modify the Course materials for their own use and private study, but Course materials may not be used, distributed or copied for any other purposes.
- During the Course, the Student may use equipment belonging to the School, or to us. If the Student takes any such equipment home, you must ensure the Student looks after it and returns it to us in good condition at the end of the Course, or upon our request.
- Use of Software: As part of our Services, Junior Engineers grants you the right to access and use its Software. This right is non-exclusive, non-transferable, and limited by and subject to these Terms and Conditions. You acknowledge and agree that, subject to any applicable written agreement between you and Junior Engineers, or any other applicable laws:
- you are responsible for all appointed Users’ use of the Software;
- Junior Engineers may suspend or terminate your use of the Software at any time including but not limited to any non-payment of any fees due to Junior Engineers; and
- You must only use the Software for your own lawful purpose, in accordance with these Terms and Conditions and any notice sent by Junior Engineers or condition posted on the Website. You may use the Software on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom Services are provided comply with and accept all the Terms and Conditions that apply to you.
- As a condition of you using the Software: You must:
- not attempt to undermine the security or integrity of Junior Engineers’ computing systems or networks or, where the Software is hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Software in any way which may impair the functionality of the Software, or other systems used to deliver the Software or impair the ability of any other user to use the Software;
- not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted;
- not transmit, or input into the Software, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Software or to operate the Website except as is strictly necessary to use either of them for normal operation.
- At any time and in its sole discretion Junior Engineers reserves the right to discontinue, update, revise, remove or otherwise change Software features and functionality, and the right to revise, update and modify the Terms and Conditions. Such modifications to this document will be effective immediately or at such future date as may be specified by Junior Engineers. Your continued use of the Software and/or the Services thereafter will be deemed acceptance of such changes to the Terms and Conditions and/or the Software.
- You and each of your invited Users must, and must ensure that they, comply with any rules, regulations, guidelines or similar documentation posted or otherwise made available by Junior Engineers in respect of the Software.
- The provision of, access to, and use of, the Software is on an “as is” basis and at your own risk.
- Links to other websites: The Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, we do not control, endorse, sponsor or approve any such third-party websites or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
- Security: You responsible for maintaining the confidentiality of any passwords used by you to access the Website and must not disclose such passwords to any unauthorised third parties.
Junior Engineers has no obligation to monitor the Website or its use but may do so in its discretion. We do have the right to monitor use of the Website and to disclose any information arising out of it, including without limitation and contribution to the extent necessary to satisfy any law, regulation, or demand of government or of internal auditors or to protect us or our Students. We can, but are not obliged to, remove or refuse to post any materials that it finds, at its sole discretion, to be offensive, undesirable, in violation of the Terms and Conditions, or otherwise unacceptable.
- Third Party Products: Each Third-Party Vendor applies their own terms and conditions to the use of their Products. Your use of any information or materials pertaining to Third Party Products is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any Products, made available through Third Party Vendors meet your specific requirements and that you have entered into appropriate terms of supply with those vendors.
- In agreeing to these Terms and Conditions and as a condition of using our Services, you understand and agree that this Website and other materials provided as part of our Services may, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
- Interactive services
- We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- Online education via webinars.
- Where we do provide any interactive service, we will do our best to assess any possible risks for Users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
- We may from time to time provide interactive services on our site, including, without limitation:
- Content standards: These content standards apply to any and all material which you contribute to our Website (contributions), and to any interactive services associated with it. You must comply with the following standards. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in Australia and in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Contributions must:
- Tuition Fees:
- We will send you a confirmation email for the Tuition Fees upon successful enrolment. Tuition Fees are collected up front and are payable via credit/debit card payment or Zip Pay.
- If you fail to pay the Tuition Fees, we reserve the right to cancel the Student’s enrolment in the Course, in which case the Student will not be allowed to attend any further classes.
- Cancellations: Tuition Fees are not generally refundable where Students cancel their enrolment. However, we may at our discretion approve refunds on compassionate grounds, so please let us know at the time of cancellation.
- GST: If a Party makes a taxable supply under any agreement subject to these Terms and Conditions, except where the agreement states otherwise, the payment made by a Party for the taxable supply is expressed as a GST inclusive amount. The Party liable to pay for a taxable supply to which these Terms and Conditions apply, must also pay the amount of any GST payable in respect of the taxable supply on the date on which payment for the taxable supply is due. A Party is not obliged under these Terms and Conditions to pay the GST on a taxable supply to it, until given a valid tax invoice for the supply.
5. User Responsibilities
- Each User represents and warrants that:
- It will comply with all applicable federal, territory and state laws and regulations in the performance of its obligations under these Terms and Conditions;
- It has all necessary rights and licenses, consents, permissions, waivers and releases to use the Data and submit it via the Software, including in respect of use and management of Data in accordance with these Terms and Conditions; and
- if you are an individual, that you are at least eighteen (18) years of age and have the legal capacity or permission of a legal guardian to use the Software.
6. Intellectual Property
- The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, Data, and other content made available through the Services (collectively, the “Junior Engineers Content”) are provided by Junior Engineers or its partners or licensors solely to support your permitted use of the Services. The Junior Engineers Content may be modified from time to time by Junior Engineers in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or Junior Engineers Content by you shall constitute a material breach of these Terms and Conditions. Junior Engineers and its partners or licensors retain all rights in the Services and Junior Engineers Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Junior Engineers or any third party is granted under the Terms and Conditions.
- As a User, you may post, upload, publish, submit or transmit Data, text, graphics, images, information or other materials to be made available through the Website, the Software and Services (“User Content”, together with Junior Engineers Content, the “Content”). By making available any User Content, you hereby grant to Junior Engineers a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Software and the Services. Junior Engineers does not claim any ownership rights in any such User Content and nothing in these Term of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.
- We do not screen User Content (including information posted by Referrers or Customers) or information on the Website and we cannot give any assurance as to its accuracy or completeness. You are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other person’s intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The relevant User responsible for posting the User Content will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
7. Disclaimers, Limitation of Liability and Indemnity
- The Services are provided “as is” and “as available.”
- To the maximum extent permitted by law:
- Junior Engineers disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Products requested through the use of the Services, or that the services will be uninterrupted or error-free;
- Junior Engineers does not warrant that the Software or Services (or any part of them) will be error free, or that the use of the Software will be uninterrupted, or meet the requirements of the User;
- Junior Engineers will not be liable for any damages arising out of or related to interruption of, or defects in use or transmission of, the Software, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of, or defects in use or transmission of, the Software; and
- To the extent permitted by law, your sole and exclusive remedy, if it is dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Junior Engineers is to discontinue using the Website and/or its Services.
- Limitation of liability
- Junior Engineers shall not be liable in contract (including under any indemnity), tort (including in negligence or for breach of statutory duty) or otherwise, for:
- any loss of profit, loss of revenue, loss of business, loss of contracts or loss of anticipated savings, loss of property, alternative accommodation costs, costs of delay, lost data, or any indirect, incidental, special, exemplary, punitive or consequential damages related to or otherwise resulting from any use of the Website and/or the provision of the Services, even if we have been advised of the possibility of such damages;
- any damages, liability or losses arising out of: (i) your use of, or reliance on, the Services, or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third-party provider, even if we have been advised of the possibility of such damages;
- any delay or failure in performance resulting from the provision of the Services.
- The limitations of liability do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law. To the extent you have a statutory right under Australian Consumer Laws which cannot be excluded by these Terms and Conditions and:
- For any minor problems with the Service provided by us which falls short of the contracted obligations to you, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction; and
- To the extent you have a major problem the Services provided directly by us, we will use reasonable endeavours (at our discretion) to resolve this to your reasonable satisfaction but in all cases your sole remedy will be to reperformance of the Services, to receive compensation for the drop-in value in the Services received below the price paid, or a full refund.
- Junior Engineers shall not be liable in contract (including under any indemnity), tort (including in negligence or for breach of statutory duty) or otherwise, for:
You agree to indemnify and hold Junior Engineers and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including Solicitors’ fees) arising out of or in connection with:
- any claims made by any other person or entity in relation to the Services to the extent arising from a breach of these Terms and Conditions, any breach of statutory duty or negligence on yours or the Students part;
- Your access to, or use of, the Website, Software, Services or products obtained through your use of the Services;
- Your breach or violation of any of these Terms and Conditions;
- Our use of your Content or Data; and
- Your violation of the rights of any third party.
- Your use of this Website and Junior Engineers’ Services and any dispute arising out of your use of it is subject to the laws of New South Wales. The Vienna Convention on the International Sale of Goods of 1980 (cisg) shall not apply.
- We may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent to your address provided to us as part of your agreement. You may give notice to us by written communication to admin[email protected]
- You may not assign or transfer these Terms and Conditions in whole or in part without our prior written approval. You give your approval to us to assign or transfer these Terms and Conditions in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of equity in Junior Engineers, business or assets; or (iii) a successor by merger.
- No joint venture, partnership, employment or agency relationship exists between you, us, the Student or any School as a result of any agreement arising out of, or related to, the use of the Services.
- If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these Terms and Conditions shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms and Conditions.
- These Terms and Conditions constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter.
Skilligence Pty Ltd ACN 600 600 164 trading as Junior Engineers – Terms and Conditions
LAST MODIFIED: 12 September 2018
Contact: If you have any questions about these Terms, please contact Junior Engineers at [email protected]