Terms and Conditions

1. About these Terms & Conditions
These terms and conditions of business are between Rachael Tagg Photography, and a student (“student”). They shall be deemed to have been accepted when the student enrols or uses a education course on this website and services. We may update these terms by posting a revised version on our website. By continuing to use our Services, you accept any revised terms.

“Agreement” means this agreement including the form that the student completes online or otherwise setting out the student’s requirements, including details of fees payable to Rachael Tagg Photography by the student.

“student” shall mean the individual that enrols on the course.

“Course” means the online course, consisting of different modules provided by Rachael Tagg Photography under this Agreement.

“Site” means the website(s) operated by Rachael Tagg Photography for the purpose of running the online courses.

No variation can be made to these terms without the written consent of a Director of Austagg Pty Ltd.

2. Payment of Fee
The student must pay the course fees in advance by credit/debit card. Fees are set out within the registration section of the website.

By accepting these terms, you agree to pay the course fee for the course you have selected. Upon receipt of the Course Fee, The Institute agrees to:

No matter what payment option you select to pay your course fees, Rachael Tagg Photography will only charge you the published fees on this website. If you have incurred additional charges this may be due to your card provider or financial institution charging you additional transactional fees. Rachael Tagg Photography is not liable to reimburse you for these transactional fees.

3. Services
Under this Agreement and upon payment of the course fee Rachael Tagg Photography agrees to:

1. Provided students with a login and password for access into the online course, to complete all modules;
2. Supply you with all modules and assignments for your Course (‘Course’);
3. Mark and grade your assignments (if applicable); and
4. At the end issue you with a pass certificate.

4. Student’s Obligations
The student agrees that for so long as it is party to this Agreement:
1. it shall not use the Services for any unlawful activity.
2. it shall ensure that all information that it provides to Rachael Tagg Photography is accurate, does not contain any misleading items or misrepresentations, does not infringe any other person’s rights and does not breach any applicable law;
3. it shall upload to the Site or Services any material nor use the Site or Services for the distribution of any material, which Rachael Tagg Photography in its sole discretion considers offensive, immoral, abusive, indecent or otherwise undesirable, and shall not use the Site or Services or any information from them for spamming or any other purpose not approved by us;
4. it shall not attempt to access data or any parts of Rachael Tagg Photography’s system which it is not authorised to access;
5. it shall provide such information as Rachael Tagg Photography may reasonably request to confirm that all information supplied is correct and/or that it is not in breach of the Agreement;
6. it shall defend and indemnify Rachael Tagg Photography against all claims, losses, damages, liabilities, costs and expenses arising as a result of its breach of this Agreement.

5. Our Rights
1. Rachael Tagg Photography may suspend or block the student’s access to the Services at any time if the student breaches any of the terms of this Agreement.
2. Rachael Tagg Photography will be developing its web-site and service further, so reserve the right:
a. to make changes to the Site and Services; and
b. to render the Services unavailable for periods where this is necessary for development or maintenance.

6. Confidentiality
The parties agree that they will only use the others’ confidential information for the performance of this Agreement, and will not disclose it to other parties other than as necessary for the performance of this Agreement or as required by law.

7. Liability
1. Rachael Tagg Photography will endeavour to keep the Services working as often as possible, but will not be responsible for any time for which it is unavailable, whether due to telecommunications or internet failures or otherwise. All users are responsible for taking appropriate measures against the risks associated with using the internet, including viruses and other harmful mechanisms, and Rachael Tagg Photography will not be liable to the student for any loss, damage or liability caused by any such item.
4. Rachael Tagg Photography’s entire liability to the student, whether in contract, tort (including negligence) or otherwise, shall be limited to the fees paid by the student to Rachael Tagg Photography in the twelve months preceding the date on which such liability arose.
5. In no event will Rachael Tagg Photography be liable to the student for any indirect, consequential or special loss or damage, including lost profits, sales, business, data, goodwill, savings or otherwise, however caused (including by negligence).
6. Nothing in this Agreement limits Rachael Tagg Photography’s liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation.

8. General
1. All copyright, trademarks, patents, database rights and other intellectual property rights in the Site, Services and underlying functions are the property of Rachael Tagg Photography or its licensors, and the student must not copy, alter or otherwise infringe any such rights.
2. Notices must be sent in writing or by e-mail to the relevant party’s details set out in the registration form or otherwise properly notified to the other party. Notices are deemed received two working days after posting, and twenty four hours after dispatch by e-mail.
3. This Agreement is the entire agreement between Rachael Tagg Photography and the student, and supersedes all previous agreements and statements relating to its subject-matter.

9. Consumer Data Rights
You may consent for an Accredited Data Recipient under the Consumer Data Right (“CDR”) to disclose your CDR data to us. You may nominate us as your Trusted Advisor for this purpose. As your Trusted Advisor, we will only access the data necessary to provide the service in this engagement letter.

By registering to use this site you meet the above criteria and agree to abide by all of the above rules and policies.

10. Applicable law and interpretation
Our services and online course is governed by New South Wales law.  The courts sitting in New South Wales will have non-exclusive jurisdiction in relation to any dispute between us. 

If any provision of these terms and conditions is void, invalid or unenforceable that provision will be severed and the remainder will continue to apply.  If there is any conflict between the offering and these terms, these terms prevail.

11. Privacy
You must make all necessary notifications and obtain any necessary consents for us to process personal information you provide to us.  We collect and use that personal information for the purposes of providing the services described and we will comply with the Privacy Act 1988 (Cth) when processing that personal information.  Our privacy policy provides further details of our privacy practices and can be reviewed on our website at https://www.rachaeltagg.com.au/privacy-policy/ 

12. Refund
If you are unable to continue the course after enrolment, you will not be eligible for a refund. If you selected a payment plan upon enrolment, you will remain responsible for all outstanding payments on each due date until the agreed course fees have been paid in full.

The Course is not transferable to another person. If you are enrolled in our course, you cannot transfer to another course without payment of the additional enrolment fee. Your enrolment is not transferable to a course in a different discipline.

If technical problems prevent or unreasonably delay of the delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid as determined by Rachael Tagg Photography, to the full extent permitted by law. From time to time, Rachael Tagg Photography may refuse a refund request if we find evidence of fraud, refund abuse or other manipulative behavior that entitles Rachael Tagg Photography to a corresponding counterclaim.