1.1. In these Terms and Conditions (“these Conditions”), the following terms shall have the following meanings: ‘Booking Form’ the online booking form or third-party service by which details of the Student and the Course he/she wishes to attend are submitted to STEMSmart; ‘Course’ the Course that the Student is attending, as set out in the Booking Form; ‘Student’ the child or children who will be attending the Course as specified in the Booking Form; STEMSmart of 5/47 Havelock St, West Perth WA 6005; ‘Fees’ the fees shown on STEMSmart’s website or other published literature relating to the Services from time to time; ‘Location’ the location of the Course (including the site of the courses and the sites used for recreation); ‘Services’ the provision of the Course for the Student by STEMSmart; ‘you’ and ‘your’ the Student’s parent(s) or guardian(s) as specified in “Your Details” Booking Form.
1.2. The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Supply of Services
2.1. STEMSmart shall provide the Services to the Student subject to these Conditions. By booking and paying the fee you agree on behalf of yourself and the Student to be bound by these Conditions. These Conditions constitute the entire agreement between STEMSmart and you/the Student and may not be varied except in writing by a director of STEMSmart.
2.2. Bookings are accepted at the discretion of STEMSmart and are not transferable
2.3. You shall fully complete the Booking Form and at your own expense, supply STEMSmart with all necessary and other information required by STEMSmart in connection with the Services.
2.4. STEMSmart may correct any typographical or other errors or omissions in any STEMSmart material relating to the provision of the Services without incurring any liability to you.
3. Payment of Fees
3.1. You shall pay STEMSmart the Fees and any additional sums which are agreed between you and STEMSmart for the provision of the Services.
3.2. The full Fees must be sent to STEMSmart via the website Booking Form. No booking is valid until payment has been received. STEMSmart shall not be responsible for any cash payment.
4. Rules, Regulations and your Liability
4.1. You agree to be wholly liable for any and all actions and/or omissions of the Student. Without prejudice to the generality of the foregoing, you shall be liable for any liability, financial or otherwise, or injury or damage to property caused by the Student whilst at the Location, and shall fully indemnify STEMSmart, their agents, contractors and/or employees for any loss, damage, costs or expenses resulting from such liability, injury or damage.
4.2. STEMSmart reserves the right to make rules and regulations relating to the Student’s participation in the Course (“the Rules”). The Rules form part of these Conditions and will be notified to the Student at the Location or earlier.
4.3. Any failure by the Student to adhere to the Rules may result in his/her participation at the Course being terminated forthwith without refund and in such event the Student may be sent home at your expense.
4.4. Without prejudice to paragraph 4.3 above, STEMSmart reserves the right to withdraw the Student from any activity at any time on the grounds of safety or unsuitability.
4.5. We are sensitive to certain allergens but cannot guarantee their exclusion from the Course.
5.1. In the event of cancellation by you, a credit will only be issued if such cancellation is notified in writing to STEMSmart at least one month before the commencement of the Course. An administration charge of $100 per week per child will be deducted from the credit. No refunds will be issued and bookings cancelled in the last month prior to the date of the class will not be reimbursed.
5.2. If, for any reason, the Course is cancelled by STEMSmart, the total liability of STEMSmart will not exceed that proportion of the Fees STEMSmart have actually received.
5.3. Fees are non-returnable for students arriving late, leaving early or missing a day of Course (whether on account of illness or any other cause). If the course has been booked, then the full fees are payable.
6.1. Except in respect of death or personal injury caused by STEMSmart negligence, STEMSmart shall not be liable to you or the Student by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by or negligent or the negligence of our servants, or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you or the Student, and our entire liability under or in connection with this Agreement shall not exceed the amount of our Fees for the provision of the Services.
6.2. Where STEMSmart provides, in connection with the provision of the Services, any goods or equipment or services supplied by a third party, STEMSmart does not give any warranty, guarantee or other terms as to their quality, fitness for purpose, performance or otherwise.
6.3. STEMSmart shall have no liability to the Student for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by you which are incomplete, incorrect, inaccurate or illegible, or arising from the Student’s late arrival or non-arrival, or any other fault of you or the Student.
6.4. STEMSmart shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of STEMSmart’s obligations in relation to the Services, if the delay or failure was due to any cause beyond STEMSmart’s reasonable control.
6.5. STEMSmart reserve the right to alter programmes, activities, itineraries, excursions, age brackets, premises and personnel as it thinks fit and without notice.
6.6. STEMSmart will not be bound by any statement unless it is in writing and authorised by a Director of STEMSmart.
7. Medical and Behavioural
7.1. Any medical or behavioural problems of the Student known to you must be notified to STEMSmart in writing on the Booking Form, and in any event prior to the commencement of the Course. STEMSmart reserve the right not to accept your Booking on the grounds that any such medical or behavioural problems are not conducive to the Student’s or other Students’ participation in the Course.
7.2. In the event that the Student becomes ill or incapacitated during the Course, you agree to medical treatment being given to the Student if required in accordance with the recommendations of a qualified medical practitioner, including the administration of a general anaesthetic and to surgical operations in case of emergency. Such action shall be taken at your expense.
7.3. If the Student becomes ill or comes into contact with any contagious or infectious disease during the 21 days prior to the commencement of the Course, you must immediately notify STEMSmart in writing and provide a medical certificate from the Student’s doctor giving approval for the Student to participate in the Course.
7.4. It is your and the Students responsibility to help STEMSmart prevent the spread of infectious diseases
7.5. It is a your responsibility to tell STEMSmart prior to Course of any issue or condition that may affect their stay at Course. These include but are not limited to ADHD, SEN, medical, languages, disabilities, diet, medical, behavioural/social issues, child’s history.
7.6. STEMSmart reserves the right to suspect or remove any student whose attendance, work or behaviour is, in their reasonable opinion, unsatisfactory. Under such circumstances, STEMSmart will be under no obligation to return any fees. Children who disrupt the learning environment for other participants, who destroy property or projects, and who otherwise compromise the health, safety and/or learning environment will be removed.
7.7. Permission is given to administer medication or first aid if required.
8. Jewellery, Valuables and Lost Property
8.1. STEMSmart will not be liable for any item of jewellery or valuable property brought to the Location by the Student.
8.2. STEMSmart will not be responsible for any property left at the Location (by the Student or otherwise), and may dispose of any such property if not claimed and collected by you within seven days of the end of the Course.
9. Personal Searches
9.1. STEMSmart reserves the right to search the bags and other personal property of all Students in appropriate circumstances.
10. Smoking and Alcohol
10.1. Possession and consumption of alcohol, tobacco or drugs by the Student at Course are NOT PERMITTED UNDER ANY CIRCUMSTANCES. Please note that if the Student does not adhere to this condition, he/she will be removed from Course in accordance with paragraph 4.3 of these Conditions.
11.1. You acknowledge that STEMSmart may use for publicity purposes and without prior notification any photograph or video taken of the Student at the Location, and any statement (whether written or oral) made by you or the Student.
12. Child Protection
12.1. STEMSmart will contact the Child Protection Authority of the relevant location if we suspect abuse or in an event of a disclosure.
13. Force Majeure
13.1. We shall not be liable for any delay in performing or failure to perform any obligation (including to action any alteration or cancelation) due to any case beyond our reasonable control including lock-outs, strikes, shortages of personnel, labour disputes, war, riot, act of God, civil commotion, terrorism, malicious damage, threats to safety, compliance with any law or governmental order, rule, regulation or direction, accident, environmental contamination, pandemic outbreak of disease, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials, goods or raw materials in connection with the performance of this agreement.
14.1. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
14.2. This agreement is governed by the laws of Australia and the parties submit to the exclusive jurisdiction of the Australian Courts.
15. Offers and Promotions
15.1 We reserve the right to withdraw, amend or temporarily suspend any and all offers and promotions at our absolute discretion, provided that we shall not exercise this right unreasonably.
15.2 We reserve the right to disqualify any entry or entries not made in accordance with these terms and conditions. There is no prize or cash alternative in whole or in part and unless otherwise agreed in writing, prizes will only be awarded directly to the winner.
15.3 Unless expressly stated otherwise and agreed to in writing, offers and discount codes may not be used in conjunction with any other existing offers and/or promotions.