GENERAL TERMS AND CONDITIONS
TECHNOLOGY FOR EDUCATION SOLUTIONS PTY LTD ABN 13 615 445 951 T/A LUMINATION
TERMS AND CONDITIONS
The following conditions, provisions and terms (Terms and Conditions) govern the relationship between Technology for Education Solutions Pty Ltd ABN 13 615 445 951 trading as Lumination and the Client in connection with the Program.
1.1 Lumination means Technology for Education Solutions Pty Ltd ABN 13 615 445 951 trading as Lumination or any heir, executor, administrator, successor or assignee of Lumination.
1.3 Access Period means the period of 12 months, or other such period of time as may be communicated to the Client by Lumination.
1.4 Business Day means any day that is not:
1.4.1 a Saturday or Sunday; or
1.4.2 a public holiday in the State of South Australia.
1.5 Commencement Date means the commencement date of the Program.
1.6 Course Materials means courses, documentation, educational materials and other written information (stored in electronic format or otherwise) and any other materials.
1.7 Client means the parent or primary caregiver of the Student attending the Program, as identified in the Sign-Up Form.
1.8 Educators means Lumination personnel, employees, agents or third parties who are engaged to operate the Program.
1.9 Equipment means mobile phones, tablets, handheld virtual reality headsets, immersive virtual reality systems and small indoor drones as supplied by Lumination to the Student.
1.10 Fee means the applicable Program fee, as reflected on the Website and Sign-Up Sheet, including any additional fee for mobile device hire.
1.11 Force Majeure Event includes act of God, global pandemic, war, civil disturbance, riot, lightning, cyclone, earthquake, fire, storm, flood, explosion, governmental action and any other cause, event or circumstance which is not reasonably within the control of either Lumination or the Client.
1.12 IP Rights includes copyrights patents, utility models, trademarks, service marks, design rights (whether registered or unregistered), design rights, proprietary information rights, scripts, tools, programs and all other similar proprietary rights that may exist anywhere in the world.
1.13 Operating Day means 9:00 am to 4:30 pm on any day in which the Program is operating.
1.14 Premises means the location at which the Program is operating, as specified in the Sign-Up Form.
1.15 Program means (as applicable) the Red Planet Rescue two (2) day drone coding camp, the Beyond 2021 three (3) day VR coding camp, or any other Beam Holiday Camp program as may be operated by Lumination from time-to-time.
1.16 Sign-Up Form means the Lumination online webform by which the Client has signed-up for the Program.
1.17 Student means the student enrolled in the Beam Camp, as identified in the Sign-Up Sheet.
1.18 Website means https://www.beamcamp.com.au/, or any website as may supersede or replace the same.
2. TERMS AND CONDITIONS
2.1 Upon completion of the Sign-Up Form, the Client acknowledges and agrees that it has read and understood these Terms and Conditions, and further that it has explained the contents of these Terms and Conditions to the Student in such a way that the Student understands their rights and responsibilities with respect to the same.
3. BEHAVIOURAL EXPECTATIONS
3.1 The Student is expected to act in a manner which is not offensive, harmful or otherwise detrimental to the learning of other Program attendees. The Client remains solely responsible for ensuring that the Student conducts themselves in a responsible, proper and orderly manner, and must not permit or suffer any act, matter or thing which may cause harm or detriment to the Program, Lumination, the Educators, the Premises, the Equipment or any other Program attendees.
3.2 If the Educators consider that the Student is unwilling or unable to improve on any behavioural issues raised during the Program, the Student will be removed from the Program, and the Client will be contacted to arrange for collection of the Student. Where a Student is removed from the Program as a result of poor behaviour or misconduct, the Client will not be entitled to a refund, reimbursement or credit in the amount of the Fees.
3.3 The Student must strictly not permit or cause any unlawful activity to occur on the Premises. Any breach of this clause 3.3 will entitle Lumination to terminate the Agreement immediately and without notice to the Client.
3.4 Although the Educators will take reasonable steps to resolve a behavioural issue with the Student, Lumination reserves the right to remove the Student from a Program subject to any breach of the behaviour requirements set out in this clause 3.
4. MEDICAL REQUIREMENTS AND ABSENCES
4.1 The Client must provide Lumination with the details of any medical condition suffered by a Student which requires treatment or supervision during an Operating Day. Subject to the terms of this cause 4, Educators will not provide or administer medication of any kind to a Student during a Program. If a Student has medication which must be taken during an Operating Day, then the Student or Client will be responsible for taking administration of such medication, and Lumination accepts no responsibility for any missed, incorrect or improperly administered medication.
4.2 It is the Student’s responsibility to ensure that any emergency medications which they may require, including (but not limited to) epinephrine or asthma medication, are kept on the Student’s person at all times. Medication must be clearly labelled and packaged appropriately. If, at the sole discretion of Educators, administration of emergency medication to a Student is necessary in the circumstances, then the Client gives Educators permission to attend to such administration.
4.3 In the event of a medical emergency involving a Student, Educators may be required to administer emergency first aid. If the Client requires Educators to comply with a personal action plan in the event of a medical emergency involving a Student, then such action plan must be provided prior to the Student’s attendance at the Program. Lumination will endeavour to contact the Client as soon as is reasonably practical in the event of a medical emergency involving the Student.
4.4 If deemed necessary by the Educators, an ambulance will be called by the Educators, and any associated costs will be paid by the Client.
4.5 If a Student is unable to attend whole or part of a Program as a result of illness or a medical condition, a credit may be provided in an amount of the Price which is proportional to the number of Operating Days for which the Student was absent, upon production by the Client of a medical certificate issued by a medical practitioner holding a current registration with the Australian Health Practitioner Regulation Agency Medical Board.
4.6 The Client acknowledges and agrees that the Student will not be permitted to attend the Premises while suffering from an infectious or communicable disease as identified by SA Heath Communicable Disease Control Branch. Lumination will not accept a Student at the Premises if it appears that the Student or the Client is suffering from an infectious or communicable disease, or in the opinion of the Educators the Student or Client is too unwell for the Student to participate in the Program.
4.7 Lumination will take reasonable steps to ensure that food-based allergens are not present at the Premises, however cannot guarantee their exclusion.
4.8 Lumination encourages the Client, and all Program attendees to ensure that Program attendees’ immunisations are up to date, however cannot guarantee that this is the case.
4.9 Lumination will comply with ‘best practice’ guidelines, and SA Health recommendations with respect to the Novel Coronavirus (COVID-19) pandemic. This includes, as applicable:
4.9.1 If required, or otherwise at the sole discretion of Lumination, a COVID-19 Safe Plan will be prepared for the Program, relating specifically to the Premises. Any such COVID-19 Safe Plan will form part of these Terms and Conditions, and the Client and Student will be required to comply with the provisions of the same.
4.9.2 adhering to capacity limits and social distancing requirements;
4.9.3 providing unfettered access to cleaning wipes and hand sanitiser at the Premises;
4.9.4 ensuring that the Student, and other Program attendees, having sufficient access to handwashing facilities, and ensuring that handwashing occurs regularly and as necessary;
4.9.5 disinfecting the Equipment between uses; and
4.9.6 monitoring the general health of the Student and other Program attendees in accordance with clause 4.6 of these Terms and Conditions.
5. ADDITIONAL SUPPORT OR REQUIREMENTS
5.1 Lumination will use its best endeavours to provide the Student with all resources and assistance as may be necessary to allow the Student to benefit from the Program. To the extent that the Student requires additional support, or has requirements which will need to be observed arising from:
5.1.1 a chronic medical ailment;
5.1.2 a developmental disorder; or
5.1.3 a learning difficulty or disability.
the Client is responsible for advising Lumination accordingly, and providing all equipment, materials or information as may be necessary to allow the Educators to provide the Student with adequate support and assistance.
5.2 In such case that the Client has access to a personalised learning plan developed by a medical professional (Plan), Lumination will require a copy of any such Plan no fewer than five (5) Business Days prior to commencement of the Program. The Plan should contain, amongst other things, the proposed adjustments, goals and strategies designed to meet the educational needs of the Student.
5.3 The Educators will take all reasonable steps to ensure Lumination’s compliance with a Plan, and will otherwise ensure that the Program is an inclusive and respectful educational environment.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Client acknowledges and agrees that Lumination shall retain title and all IP Rights in any pre-existing intellectual property which is submitted to the Client or Student in connection with the Program. Nothing in this Agreement will transfer ownership to the Client, Student or any third party of any intellectual property, confidential information, Course Material or IP Rights.
6.2 As concerns intellectual property provided to Lumination by the Client or Student in connection with the Program, the Client hereby warrants that:
6.2.1 they own the IP Rights in that content;
6.2.2 the content does not infringe the IP Rights of a third party;
6.2.3 that content is not fraudulent, stolen or otherwise unlawful; and
6.2.4 that content does not violate any applicable law, statute, ordinance or regulation.
7. THIRD-PARTY SOFTWARE
7.1 The Student may, from time-to-time, be permitted to use third-party software which is owned by, or otherwise licenced to, Lumination. The Client acknowledges and agrees that:
7.1.1 Lumination provides access to such third-party software “as is” and “as available”;
7.1.2 Student access to third-party software is provided by Lumination without any warranties, representations or conditions of any kind and without any endorsement; and
7.1.3 Lumination shall have no liability whatsoever arising from or relating to the Student’s use of third-party software.
7.2 At the conclusion of a Program, all Student works, documents, data or other materials saved on Equipment will be deleted. Lumination accepts no liability for the loss of any such works, documents, data or other materials which were not saved or backed-up by Students outside of the Equipment.
7.3 Lumination may, at its sole discretion, allow Students to retain access to third-party software for the Access Period. During the Access Period, Lumination will be unable to monitor, interact with or otherwise assist the Student in operating the third-party software. Notwithstanding this, if at any stage during the Access Period the Student or Client become aware that the Student’s third-party software account has been, or may be, accessed by an unauthorised third party, the Client must notify Lumination as a matter of urgency.
7.4 Where the Student will require access to third-party software during a Program which is publicly available free of charge, the Student will be required to create an account in preparation for the Program. Lumination will advise the Client of any such required account registration in advance of the Commencement Date.
7.5 At the end of the Access Period, Lumination will revoke the Student’s access to third-party software, and the Student’s account will be suspended pending deletion to ensure the security of the Student’s information.
7.6 The Student must not utilise an account username which is offensive, inappropriate or unlawful. Lumination retains the right to remove a Student from the Program subject to a breach of this clause 7.6.
8.1 The Student may, at the sole discretion of Lumination, be provided access to the Equipment during the course of the Program. Throughout the term of the Program, the Student shall be solely responsible for the Equipment, and the Client will be liable for any destruction or damage caused by the Student to the same.
8.2 The Student must strictly not:
8.2.1 permit or cause any of the Equipment to be removed from the Premises, unless expressly permitted to do so by Lumination;
8.2.2 permit or cause any of the Equipment to be damaged or destroyed;
8.2.3 use the Equipment in such a manner that breaches the provisions of these Terms and Conditions;
8.2.4 forward, send or otherwise disseminate material that may place Lumination at risk of breaching relevant copyright laws, bring Lumination or any of the Educators into disrepute, or otherwise may cause harm or offence to other Program attendees;
8.2.5 download or import onto the Equipment any programs or software generally which has not first been approved by Lumination or the Educators; or
8.2.6 use the Equipment in any manner, or for any purpose, other than as required for the purposes of the Program.
8.3 To minimise the risk of harm or damage to Lumination, the Student must strictly not open or download an email or document received by Equipment, or otherwise by the Student’s personal electronic device while at the Premises, unless they recognise the sender and are expecting to receive the email or document. If there is any doubt whatsoever as to the authenticity of an email, attachment or link, the Student must notify an Educator for guidance before opening the same.
8.4 Students must not for any purpose disable, modify or attempt to circumvent any anti-virus or cybersecurity software which is installed on the Equipment.
9. SUN AND WEATHER PROTECTION
9.1 The Student must bring a suitable sunhat, being either a wide-brimmed or legionnaire style hat. For health and safety reasons, Lumination will not supply a Student with a spare hat, nor will the sharing of hats between the Student and other Program attendees be permitted.
9.2 If a Student does not bring a suitable sunhat, the Student will be restricted to shaded outdoor areas only.
9.3 The Client must ensure that the Student arrives at the Premises with sunscreen already applied. Lumination will ensure that children provided with, and are reminded to reapply, sunscreen during recess and lunch breaks throughout the Operating Day. If the Student requires specialty sunscreen to accommodate allergies or sensitivities, the Client is solely responsible for providing the same.
10. PHOTOGRAPHS, VIDEOS AND SOUND RECORDINGS
10.1 The Client acknowledges and agrees that in the course of the Program, Lumination may (from time-to-time) take photographs, videos and sound recordings of the Program attendees, including the Student, which may be used for the following purposes:
10.1.1 reporting to the Client;
10.1.2 recording the Student’s educational development;
10.1.3 development of the Program Course Materials; and
10.1.4 training purposes and internal Lumination communications relating to the same.
10.2 The Client further authorises, which authorisation may be withdrawn by way selecting the corresponding option on the Sign-Up Form, Lumination to use any images taken during the Program which may display the Student in marketing material, or on social media accounts operated by Lumination.
11. GENERAL WARRANTIES, INDEMNITIES AND LIMITATION OF LIABILITY
11.1 Lumination is not liable for any personal injury, property damage, damage or destruction of the Student’s personal items, or any other loss arising from any cause whatsoever which is sustained or caused by the Student in the course of Program. The Client agrees and acknowledges that it will indemnify Lumination (including its directors, officers and employees) and the Educators against any such damage and loss to the extent permissible by law.
11.2 The Client indemnifies and release Lumination from any costs, expenses or liability incurred as a result of any injury to another Program attendee, or any loss or damage to property or the Equipment, which is caused by the Student.
11.3 Lumination will not be liable or responsible for any property brought to, or left at, the Premises by the Student or Client, and may dispose of any such property if not claimed and collected by the Client within seven (7) days of the conclusion of the Program.
12.1 The Client authorises Lumination to charge the Fee and any other charges which the Client may incur during the Program via the Sign-Up Form. No booking shall be valid or binding until payment has been received in clear funds by Lumination.
12.2 If, for any reason whatsoever, the Fee is unable to be withdrawn from the Client’s account via the nominated payment method, Lumination may charge the Client additional administration fees or late fees incurred by Lumination, and the Student’s participation in the Program may be suspended subject to receipt of the outstanding payment.
12.3 The Client acknowledges and agrees that clerical errors in computations, typing, the Website or any Lumination advertisement are shall be subject to correction, and shall not bind Lumination.
13. GENERAL PROVISIONS
13.1 Lumination must be notified of any change in address, contact information or alternate contact person after the Sign-Up Form has been submitted.
13.2 No person acting or purporting to act on Lumination’s behalf has the authority to make any promise, representation or undertaking or to add to or change in any way these Terms and Conditions. Any variation to these Terms and Conditions must be in writing, and signed by Edward Carlson.
13.3 The warranties, rights and remedies of the Client as outlined in the Competition & Consumer Act 2010 (Cth) (Act) are not intended to be compromised as a result of anything contained in these Terms and Conditions, except to the degree permitted by the Act.
13.4 Completion of Lumination’s Sign-Up Form, and payment of the Fee will constitute acceptance of the Agreement.
13.5 Clerical, administrative or typographical errors are subject to correction and do not bind Lumination.
13.6 The Client’s rights under the Terms and Conditions are not assignable or transferable.
13.7 The failure of Lumination to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect Lumination’s right to subsequently enforce that provision.
13.8 Possession and consumption of alcohol, tobacco or drugs by the Student or Client at the Premises is strictly prohibited. A breach of this clause 13.8 will result in immediate removal of the Student from the Program, and the Client will not be entitled to any refund or credit in relation to the Fees.
14. STUDENT COLLECTION
14.1 The Program will conclude at 3:30pm on any Operating Day. If the Student is not collected from the Premises by 3:45 pm on an Operating Day, then the Educators will act in accordance with the following procedure:
14.1.1 Educators will attempt to contact the Client by way of the contact information provided on the Sign-Up Sheet;
14.1.2 if Educators are unable to contact the Client, the emergency contact person nominated by the Client will be contacted to arrange for immediate collection of the Student; and
14.1.3 if the emergency contact person does not respond, is unavailable, or suitable arrangements cannot be made within 30 minutes of the conclusion of the Program, the nearest police station will be contacted, and provided with the Client’s personal and contact information. The Student will be left in the care of the police, at which point the Client acknowledge and agrees that Lumination will be discharged from any other care, responsibilities or obligations with respect to the Student.
14.2 A late collection fee may apply where the Student is not collected from the Premises by 3:45 pm on an Operating Day calculated at a rate of $15.00 per 15 minutes, unless otherwise agreed upon by Lumination.
15. FORCE MAJEURE
15.1 The Client acknowledges and agrees that Lumination will not be responsible for, nor be deemed to be in default of the Agreement, by reason of delays in or failure to operate the Program due to a Force Majeure Event.
16. CANCELLATION AND TERMINATION
16.1 A Student registration for attendance at Program may be terminated by giving four weeks’ advance notice to Lumination. Where a registration is cancelled with fewer than four (4) weeks’ notice, the Client will be provided with a credit in the amount of the Price which may be used in a subsequent Program.
16.2 Any cancellation with fewer than four (4) weeks’ notice for compassionate reasons, for which the Client requests a refund, will be assessed and determined at the sole discretion of Lumination.
17.1 If any provision of these Terms and Conditions is held to be unenforceable, or invalid, for any reasons whatsoever, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity. If it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and Conditions, which will otherwise remain in full force.
18.1 This Agreement, and any ancillary document to the same which is subject to these Terms and Conditions, shall be subject to the exclusive jurisdiction of the laws of the State of South Australia, Australia. The parties submit all disputes arising between them to the courts in the State of South Australia and in any court in the said state competent to hear appeals from those courts of first instance.
19. ENTIRE CONTRACT
19.1 The Agreement constitutes the entire agreement between Lumination and the Client relating to the Program and the use of any Equipment or third-party software, and supersedes all previous negotiations, commitments and agreements in relation to the same.