Terms and Conditions
1.1 This website at www.heydays.com.au (Site) is a website where you can browse, select and enroll in retirement transition educational and innovation knowledge courses (Courses) advertised on the Site from Heydays Pty Ltd ACN 609 030 800 (Heydays, us or we). You can also join our community of new or soon to be retirees via a community membership (Community Membership).
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your enrolment or participation in Courses through the Site or via any other means including direct enrolments not via the Site, is subject to these terms and conditions.
1.4 The terms and conditions also apply to the sale of any Courses via methods other than the Site, including where Courses are given as a gift, sales by telephone, in person or other means, unless otherwise agreed in writing. Where Community Memberships or aspects of the Courses are conducted via third party platforms or websites (i.e. Facebook), these terms and conditions apply together with any terms and conditions of such third party platforms. Failure to abide by any third party platform terms and conditions will be deemed a failure to comply with these terms and conditions.
2.1 The information contained in this Site and in any Courses is provided in good faith on an “as is” basis. Heydays does not represent or warrant the reliability, accuracy or completeness of the information contained on this Site and does not claim, represent or warrant the suitability of any Courses for any person.
2.2 Courses and any materials provided as part of the Courses (Course Materials) are intended as a learning aid and guide only, and are not a substitute for tailored advice or your own study.
2.3 To the extent permitted by law, Heydays is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site, the Course or Course Materials.
3. Intellectual Property
3.1.1 acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material), the Courses and Course Materials are owned by or licensed to us;
3.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Material, Courses or Course Materials without our prior written consent; and
3.1.3 must not frame or embed in another website any of the material appearing on this Site, the Courses or Course Materials without our prior written consent.
3.2 You may:
3.2.1 store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
3.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing Courses but not for any other use, including commercial use.
3.3 This Site, the Courses, the Course Materials and any ancillary materials or documents owned or used by Heydays in connection with the sale of the Courses and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Heydays. You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
4.1 Heydays does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
4.2 You are responsible for scanning any information for viruses.
4.3 You agree that Heydays has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4.4 If Heydays is found to be liable this will be limited to the cost of supplying the information again.
5. Compliance with these Terms and Conditions
5.1 You agree to bound by, and comply with, these terms and conditions by:
5.1.1 using the Site;
5.1.2 completing your enrolment and paying fees for the Courses or a Community Membership through the Site; and/or
5.1.3 enrolling in Courses from us using the Site or by any other method of sale or where you receive an enrollment in a Course as a gift from any third party.
6. Changes to these Terms and Conditions
6.1 If you have an enrolment or membership application that has been accepted by us, the terms and conditions that will apply to that enrolment are the terms and conditions that applied at the time you placed your request. We cannot vary the terms and conditions which apply to a given enrolment or membership after that enrolment is accepted by us.
6.2 Subject to clause 6.1, we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions.
8. Paying for Courses and Community Membership
8.1 You may enroll in Courses by submitting your enrolment through the Site in accordance with these terms and conditions.
8.2 Any registration placed through this Site for a Course is an offer by you to purchase a place in a Course for the price notified (including any delivery or other charges and taxes) at the time you place the request for the enrolment.
8.3 We may allow you to pay for the Course or Community Membership via instalments, but you remain liable for the full Course and/or Community Membership fees. Any instalment payments must be paid via direct debit.
8.4 You authorize us to keep your payment current by charging your account with all fees. The fees are payable in advance of the applicable period specified without refund. We will automatically bill you for each period until cancellation in accordance with clause 10 or 11 below. We reserve the right to pass on bank fees to you at any time. If any of our fees remain unpaid for 30 days past their due date we may cancel your subscription.
8.5 We may ask you to provide additional details or require you to confirm your details to enable us to process your enrolment through the Site.
8.6 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
9. Acceptance or Rejection of an Enrolment
9.1 We reserve the right to accept or reject your enrolment request in any Course or Community Membership for any reason, including (without limitation) if the Course is not available (or fully booked), if there is an error in the price or the Course description posted on the Site.
9.2 Each enrolment for Courses or Community Membership through the Site or any other means that we accept results in a separate binding agreement between you and us for the supply of those Courses and/or Community Membership. For each enrolment accepted by us, we will supply the Courses in that enrolment to you in accordance with these terms and conditions.
9.3 If we reject an enrolment placed through the Site, then we will endeavour to notify you of that rejection at the time you pay any fees and enroll or within a reasonable time thereafter.
10. Cancelling, Changing or Postponing a Course (by Us)
10.1 Prior to the commencement of a Course, we may cancel, change or postpone the Course, at our discretion and without any liability to you if:
10.1.1 the requested Course is not available, undersold or oversold;
10.1.2 the requested Course needs to be postponed or changed due to the unavailability of a venue, speaker, operator or for any other reason outside our reasonable control;
10.1.3 there is an error in the price or the description posted on the Site or in any other sales platform in relation to the relevant Course; or
10.1.4 your enrolment or conduct is in breach of these terms and conditions.
10.2 If we do cancel, change or postpone your Course, then we will endeavor to provide you with reasonable notice of that cancellation, change or postponement, and will provide you with a credit voucher, placement in a similar Course, placement in the same Course at a later date suitable to you, or a refund, provided that you are not at fault or in breach of these terms and conditions. We may substitute presenters at our absolute discretion.
10.3 We may also cancel, change or postpone a scheduled meeting of members holding a Community Membership at our discretion and if we do, we will provide you with reasonable notice of such change and an alternative date for a subsequent meeting.
11. Cancelling or Requesting to change a Course (by You)
11.1 Once payment has been submitted via this Site or via any other method of sale, placements in Courses cannot be cancelled. We do not provide refunds for changes of mind. However, should you wish to change a Course, attend the same Course at a later or earlier date, obtain a credit voucher or transfer the Course placement to a friend, please Contact Us and we will endeavor to assist you. Any cancellation or change is at our discretion.
11.2 Should you wish to cancel your Community Membership, you must provide us with 30 days prior written notice. You must cancel your membership through our website or via email. We do not charge a cancellation fee, but cancellations are only effective for the following month. Community Memberships are not transferable.
12. Delivery of Courses
Courses may be delivered face to face or on-line. Information on Course times, locations, Course Materials and other key information is set out on this Site and will be outlined in the enrolment process.
13. Prices, Fees and Charges
13.1 The prices of Courses and other charges displayed on this Site are current at the time of issue, however, Heydays reserves the right to change prices at any time before we accept an enrolment from you.
13.2 All prices shown on this Site are in Australian Dollars (AUD).
13.3 All fees and charges identified in these terms and conditions and all prices for the Courses as shown on the Site are inclusive of GST (unless otherwise indicated).
14. Your Obligations
14.1 You covenant and warrant that:
14.1.1 all information and data provided by you to us through the Site (including as part of the enrolment registration process) or otherwise is true, accurate, complete and up to date;
14.1.2 all information and material you post on the Site, for example in any group discussions, comments or forums is positive and respectful of other users;
14.1.3 the person attending the Courses will be over 18 years of age;
14.1.4 you have and will comply with all relevant laws relating to your use of the Site and your enrolment in any Course;
14.1.5 you will ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
14.1.6 you will promptly notify us if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
14.1.7 you will promptly advise us of any changes to your information provided to us as part of the enrolment registration process;
14.1.8 you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
14.1.9 you are responsible and liable for any person that uses your LoginID and password to purchase tickets in Courses through the Site;
14.1.10 you agree that we may charge you for all Courses that we agree to supply to you that have been ordered using your LoginID and password through the Site.
14.2 You must not:
14.2.1 use the Site or the Course Materials for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
14.2.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
14.2.3 make fraudulent or speculative enquiries, purchases or requests through the Site;
14.2.4 use another person’s details without their permission or impersonate another person when using the Site;
14.2.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
14.2.6 tamper with or hinder the operation of the Site;
14.2.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
14.2.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
14.2.9 modify, adapt, translate or reverse engineer any portion of the Site;
14.2.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
14.2.11 reformat or frame any portion of the web pages that are part of the Site;
14.2.12 create accounts by automated means or under false or fraudulent pretences;
14.2.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;
14.2.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
14.2.15 use the Site other than in accordance with these terms and conditions; or
14.2.16 attempt any of the above acts or engage or permit another person to do any of the above acts.
15. Warranty and Liability
15.1 Heydays accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
15.2 Where we are permitted by law (and subject to clause 15.1):
15.2.1 we do not warrant or represent the suitability of the Site, Community Membership, a Course or the Course Materials for any purpose; and
15.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site, your participation in a Community Membership, your participation in the Course or reliance upon any Course Materials.
15.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
16. Termination and/or Suspension of Account
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if we reasonably suspect that you have committed a fraudulent act, where you share, / or distribute course materials without our consent, where you are disrespectful of other users and/or you fail to pay your instalments or monthly fees and/or you otherwise breach these terms and conditions.
17. General Provisions
17.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
17.2 This agreement is governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
19.1 Capitalised terms used are defined in these terms and conditions.
19.2 In these terms:
19.2.1 “GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)
19.2.2 “Liabilities” means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths; law and traffic violations; and expenses including but not limited to legal fees.
19.2.3 “LoginID” means the email address that you provided to us as part of the registration process to use the Site.