Academy Terms & Conditions
TERMS OF SERVICE
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
We are: INKOLOGY CLINICS Pty Ltd T/A OHMYBROW Academy
Our address is: SHOP G01 / 48 Hawker Street, BROMPTON SA 5007, Australia
You are: a visitor to Our Website / our customer
The terms and conditions:
1. DEFINITIONS
In this agreement:
“The OHMYBROW Shop & The OHMYBROW Academy” means INKOLOGY CLINICS Pty Ltd
2. OUR CONTRACT TO YOU
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, does not rely on any representation, warranty, information or document or another term not forming part of this agreement. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission made by you.
Because we rely on our trainers and suppliers, we do not guarantee that the Goods or Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. The price of Goods and Services may be changed by us at any time. We will never change a price to affect the price charged to you at the time when you buy those Goods or Services. If in the future, you buy Goods or Services from us under any arrangement that does not involve your payment via Our Website; these terms still apply so far as they can be applied. We do not sell Goods and Services in all countries. We may refuse to deliver the Goods or Services if you live in a country we do not serve.
3. SECURITY OF YOUR CREDIT CARD
We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions that you have initiated.
4. DISCLAIMERS
The law differs from one location to another. This paragraph applies so far as the applicable law allows. All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods or Services, at any time and without advance notice. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find. We give no warranty and make no representation, express or implied, as to:the quality of the Goods or Services; any implied warranty or condition as to merchantability or fitness of the Goods or Services for a particular purpose; the correspondence of the Goods with any description; the adequacy or appropriateness of the Goods or Services for your purpose; the truth of any Content on Our Website; non-infringement of any right. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods or Services. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods or Services you have purchased.
5. YOUR ACCOUNT WITH US
You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Goods and Services. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password as soon as possible.
6. RESTRICTIONS ON WHAT YOU MAY POST ON OUR WEBSITE OR EDUCATIONAL PLATFORMS
You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may: be malicious or defamatory; consist in commercial audio, video or music files; be illegal, obscene, offensive, threatening or violent; be sexually explicit or pornographic; be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business; solicit passwords or personal information from anyone; be used to sell any goods or services or for any other commercial use; link to any of the material specified above, in this paragraphs: engage in age-inappropriate communications or Content to anyone under the age of 18.
7. HOW WE HANDLE YOUR CONTENT
Our privacy policy is strong and precise. It complies fully with current law. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information. We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights. We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential. Please notify us of any security breach or unauthorised use of your account.
8. INDEMNITY
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: your failure to comply with the law of any country; your breach of this agreement; any act, neglect or default by any agent, employee, licensee or customer of yours; a contractual claim arising from your use of the Goods or Services; a breach of the intellectual property rights of any person.
9. INTELLECTUAL PROPERTY
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). Except as set out below ,that you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
10. COURSE REGISTRATION
Enrollment in the course is secured upon completion of the online registration process and payment of a $500 fee per attendee. This payment is non-refundable. If no course date is available for selection at the time of registration, it is the responsibility of the registrant to confirm the trainer’s availability prior to finalizing the registration. The course provider accepts no liability for any registrations completed without prior confirmation of available dates.
Registrations for training are taken very seriously and we have a team of organisers who make arrangements upon your deposit being placed. Calendars are blocked out and the mechanics to organise such a complex event begin almost immediately. For this reason, we strictly DO NOT ACCEPT requests for refunds. Please note OHMYBROW Academy complies with Australian Consumer Law in regard to refunds. We are not required to provide a refund if you change your mind about the course that you chose to enrol in.
11. FINAL PAYMENT
The final invoice must be paid in full no later than 14 days before the live course commencement date, unless an alternative arrangement has been agreed upon in writing. Payment instructions will be provided via email. Failure to remit payment or make alternative arrangements by the deadline will result in the cancellation of your registration, and the deposit will be forfeited. In the event that no other students are enrolled in the course, the trainer reserves the right to reopen their schedule for regular business activities.
10. STUDENT LOANS
Pre-payments will be activated 14 days prior to the commencement of the course. All pre-payments are final and strictly non-refundable due to financial losses incurred, including, but not limited to, interest charges, administrative costs, loan setup fees, and other miscellaneous expenses. Students may request, in writing, to temporarily suspend pre-payments for a period of one (1) month. Additional hold requests must be submitted in writing and are subject to approval. A maximum of two (2) payment holds will be permitted per student account.
11. COURSE RESCHEDULING AND CANCELLATIONS
To reschedule your course, a minimum of 21 days' notice is required to allow the trainer to reopen their calendar, if necessary. Your deposit will be held for a maximum of three (3) months and applied to a future course. However, any changes to the booking date made after the 21-day notice period will result in the forfeiture of your deposit.
Rescheduling or cancellations due to circumstances beyond an individual’s control, such as COVID-19, accidents, or illness, will be evaluated on a case-by-case basis. Supporting evidence, such as a medical certificate or any other documentation required by the trainer, must be provided. A reschedule fee may apply to cover non-recoverable costs incurred, such as catering, printed certificates, or rostered staff, depending on the notification date. Please note that only one (1) reschedule per course registration is permitted.
If the trainer needs to make changes to the event date or venue for any reason, students will have the option to reschedule or cancel without incurring any financial penalty.
Cancellations made due to a change of mind or for reasons that cannot be supported with evidence, and occur within seven (7) days of the workshop date, may result in a charge of 50% of the total training cost.
12. STUDENT MODELS
Models may be required to complete the practical component of your training. Models must not be pregnant and must have no allergies or health conditions that would prevent the treatment from being safely completed. It is the sole responsibility of the student to secure a suitable model for the training exercises. To ensure commitment, it is strongly recommended that students collect a refundable deposit from their chosen model.
If a student is unable to provide a model, they will be required to return at a later date to complete the practical component of the training, at an additional cost of $500. Completion of this practical component is essential to ensure the student is industry-ready and eligible for certification.
Cancelling or rescheduling the entire course due to the inability to secure a model is not considered a valid reason and will not be accepted.
13. CROWD NOTICE AND RELEASE
Please be aware that filming and photography may take place during this class for promotional purposes. If you do not wish to be included, please inform your trainer in advance. By participating in the class, you consent to the use of any footage or images for marketing purposes unless you explicitly opt out.
14. WORKSHOP EXPECTATIONS
14.1 NON-DISCRIMINATION
The principle of non-discrimination seeks “to guarantee that human rights are exercised without discrimination of any kind, based on race, colour, sex, language, religion, political or others opinions, national or social origin, property, birth or another status such as disability, age, marital and family status, sexual orientation and gender identity, health status, place of residence, the economic and social situation”. All students are expected to follow this policy. If you feel that any of our content or behaviour falls outside of these guidelines please bring it to our attention immediately.
14.2 COURSE FEEDBACK
Course feedback forms will be provided at the end of your workshop. We encourage you to complete them as accurately and honestly as possible. Your feedback is invaluable and will be used to improve the structure of future courses, if necessary. If you wish to provide additional private feedback, please do so within 72 hours via email to: academy(at)ohmybrow.com.au. We will respond promptly to your concerns. Please note that feedback submitted after this period will not be considered, as it may be influenced by students who have lost interest or are seeking refunds. Student opinions regarding the course's 'effectiveness' or 'suitability' will only be taken into account once they have made a reasonable effort to complete the program in its entirety.
15. ONGOING LEARNING AND SUPPORT
15.1 DIDACTIC LEARNING
Didactic learning is a teacher-centred method of instruction in which teachers deliver lessons and students receive them, best suited for the brief delivery of factual information. Training is designed to be consumed and practised over a 3-month period. This training requires significant practice and determination to achieve optimal results. Course outcomes are achieved when students have completed the program in full; therefore, we cannot guarantee individual student results until that time. A change of mind or loss of interest after the workshop, without completion of all tasks and activities to the teacher’s standard, does not warrant a refund.
15.2 SUPPORT GROUP
Between the time of course registration and the workshop date, you will receive an email granting you exclusive access to a designated Facebook group. This group is intended to provide you with the opportunity to ask training-related questions to both your peers and your trainer. Please be advised that to ensure your questions are not overlooked amidst the daily operations of the business, this Facebook group will be the sole method of communication available to contact Sara Mac. Any inquiries made outside of this group will not be addressed.
15.3 GUIDED EXERCISES
Your trainer will provide practical exercises as part of your guided support to help you refine your technique and artistic ability. Each exercise is expected to take between 5 to 15 minutes to complete and will be made available online. If you are unable to locate the exercises, please contact administration via email at admin(at)ohmybrow.com.au. Guided exercises are an optional component of the training program for those wanting access to Level 2 - Model Guidance Day. No refund will be issued if the student chooses not to complete these additional home-based tasks. Exercises must be submitted to the Facebook Group for feedback. To ensure continuous development and preparation for Model Guidance Day, as well as to complete the program within the designated support timeframe, students are expected to submit exercises no later than five (5) days after the previous submission. Failure to adhere to this timeline may result in removal from the program.
15.4 SUPPORT ETIQUETTE
Your trainer will respond to submissions made through the Facebook group within 48 hours, although responses are often provided immediately. All messages sent through this group must be course-related, as outlined in the guided support program. Students are required to initiate all communication. Teachers will not prompt students for action or follow up on their progress. The trainer will match the level of engagement demonstrated by the student. We are not responsible for improper or careless use of the platform. If you are unsatisfied with the trainer’s response or require further feedback, please reach out again or schedule a call to allow us to better understand your individual learning needs.
15.5 1HR BUSINESS STRATEGY CALL
Access to your 1 Hour Business Strategy Call with Sara Mac will be granted only when ALL theory and quizzes have been completed online. To respect the trainer’s busy schedule, any business strategy calls cancelled within 72 hours will not be able to be rescheduled. The service will be forfeited.
15.6 FREE BED HIRE
To assist you in overcoming any roadblocks, OHMYBROW offers free bed hire at our studio, allowing you to complete your first treatment(s) under the guidance of a trained professional. Access to the free studio bed hire will only be granted once Model Guidance Day has been completed. A maximum of two (2) free bed hires per student, per workshop, is available and must be used within three (3) months of workshop graduation. During your time in the studio, your work will be lightly supervised as you independently demonstrate the learned procedure. If you choose to utilize the studio, you MUST bring your tools and the sterile pack provided as part of your student kit. Failure to bring these items will require you to purchase the missing items from the shop. A booking link will be provided to arrange this component. Please note: this is not 1:1 training.
15.7 INDUSTRY-READY GUARANTEE
Industry-Ready Guarantee means that students may re-attend the EXACT same workshop, as many times as necessary, within 12 months from the original workshop date. This opportunity is referred to as a “re-sit.” The re-sit offer is applicable only to confirmed workshops that have other (paid) student registrations. The re-sit offer does NOT include a student kit, catered lunch, certificate renewal, or model guidance. In certain circumstances and for valid reasons, these exclusions may be negotiated directly with Sara Mac, and any decisions regarding such negotiations will be at her sole discretion.
If a student requires tools to complete the workshop again, they are responsible for purchasing these items at their own expense.
Terms that void the “Industry Ready Guarantee”:
Breach of any training contractual terms and conditions
Giving less than 21 days’ notice to reschedule/cancel will void any further re-sits
Failing to show up to a confirmed re-sit
16. STUDENT BRECH
16.1 OHMYBROW RIGHT TO CANCEL STUDENT CONTRACT
OHMYBROW reserves the right to cancel the contract if the student breaches any of the terms or exhibits behavior that undermines mutual respect or the professional business relationship. Professional betrayal may include, but is not limited to, the following:
Intentions to misuse intellectual property
Directly contacting OHMYBROW trainers (e.g., via Instagram) with the intention to undermine the academy
Slandering the company or its representatives publicly
Displaying extreme negativity on community platforms
Engaging in any form of bullying or harassment, either directly or on any supportive platform
Additionally, initiating complaints to third parties or legal proceedings without providing OHMYBROW a reasonable opportunity and sufficient time to address and resolve student concerns may result in removal from all program materials, communication, and platforms, either indefinitely or until the matter is resolved.
16.2 NON-SOLICITATION
During the term of this Agreement and for twelve (12) months thereafter, students shall not solicit, induce, or encourage any employee, trainer or contractor of OHMYBROW to accept an offer of employment, training, or any other service-related engagement.
16.3 NON-COMPETE CLAUSE
Upon completion of training with OHMYBROW, students agree not to offer the same or similar training services, including but not limited to the specific techniques and methodologies taught, for a period of 24 months from the date of their completion of the training program. This non-compete clause applies within the geographic region where OHMYBROW operates, and any violation may result in legal action to protect the company’s business interests.
17. STUDENT KIT
If multiple PMU techniques are selected, tools in the student kit will not be duplicated. For example, only one PMU device will be provided, not two.
18. CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to: academy(at)ohmybrow.com.au
Updated 22 Dec 2024