Terms and conditions
1.1. Guardian Masterclasses Australia is operated by Guardian News & Media Australia Pty Ltd (“GNMA”). These terms and conditions, together with the booking form and the price list form the agreement between you and GNM. By booking a Guardian Masterclass, you accept these terms and conditions.
2. Guardian Masterclasses Australia
2.1. Participants in a Guardian Masterclass must be 18 or over.
2.2. An application by you for attendance on a Guardian Masterclass will be subject to written acceptance by GNMA. GNMA reserves the right to refuse an application for attendance.
2.3. Some Guardian Masterclasses will require interested parties to submit an application. Details of how to apply vary and are detailed in the application process relating to that specific Guardian Masterclass. Successful applicants will be chosen at the discretion of the Guardian Masterclass tutor(s) and the head of Guardian Masterclasses Australia. No verbal or written correspondence will be entered into with unsuccessful applicants although unsuccessful applicants may apply to other selective Guardian Masterclasses. If chosen, a formal offer will be made in writing (email or letter) at which point the successful candidate will be required to pay a deposit (details of which are contained in the relevant Guardian Masterclass information).
2.4. In order to get the most from the Guardian Masterclass, you should ensure you arrive promptly and attend each session in full. If you are unable to attend, please us know on masterclasses.australia@theguardian.com
2.5. Where your conduct is unacceptable (in GNMA reasonable opinion), we reserve the right to request that you leave the Guardian Masterclass. No refund of fees will be made.
2.6. GNMA will be entitled to change the venue and make minor changes to the timing and content of any Guardian Masterclass. In the unlikely event we have to replace a tutor, we shall make every effort to ensure the replacement tutor has similar expertise to the one advertised. In addition, it may be necessary for GNMA to re-arrange a single session at a mutually convenient date.
3. Fees
3.1. For certain Guardian Masterclasss, a deposit is payable (which will be specified on the relevant Guardian Masterclass information). Deposits are non-refundable except as set out under Refunds and Cancellations or where your application to attend a Guardian Masterclass is not accepted by us.
3.2. Following acceptance of your application, you must pay the full amount of the fees not less than 4 weeks before the start of the Guardian Masterclass.
3.3. If fees are not paid by the due date, GNMA will be entitled to reallocate your place. You shall remain liable for the fees although we may, at our discretion, refund you a proportion of the fees where we have been able to reallocate your place.
4. Refunds and cancellation
4.1. You may cancel a Guardian Masterclass if your notification is received by GNMA a minimum of 7 days prior to the start of the Guardian Masterclass or 21 days for any international Guardian Masterclass. Provided GNMA has received your notice of cancellation within this time frame (and acknowledged your notice), GNMA will refund any fees received from you less the deposit where applicable. Please ensure GNMA has acknowledged your notice of cancellation. We will not be able to refund you where we did not receive your notice 7 days before the start of the Guardian Masterclass or 21 days prior to an international Guardian Masterclass (regardless of when you sent it).
4.2. We will not be able to refund you where you do not attend and do not cancel in line with the above.
4.3. Tickets are not transferable to another date for the same course. We are able to change the name on the ticket if you are unable to attend and choose to have another party attend in your place.
4.4. GNMA may cancel any Guardian Masterclass at any time prior to its commencement. Except as set out in clause 4.5 below, GNMA will repay any deposit and fees received from you in respect of the relevant Guardian Masterclass. Please note that GNMA will not refund travel costs for cancelled courses.
4.5. There is no entitlement to a refund where GNMA is forced to cancel part or all of a Guardian Masterclass due to reasons beyond our reasonable control. However, refunds may be paid at GNMA’s discretion.
4.6. We regret we cannot offer refunds where we have to change tutors or venues.
5. Feedback and Complaints
5.1. Guardian Masterclasses are designed to provide an enjoyable and high-quality experience for those attending. At the end of each Guardian Masterclass, we will provide an evaluation form, which will offer you the opportunity to provide feedback.
5.2. In the event of a complaint, please make your complaint in writing and sent to Guardian News & Media Australia, Level 2, 19 Foster Street, Surry Hills NSW 2010, and mark it for the attention of the head of Guardian Masterclasses Australia within 7 days of the Guardian Masterclass ending. We take any complaint seriously and will aim to investigate and respond as quickly as possible and in any event within 28 days.
6. Liability
6.1. Nothing excludes or limits GNMA’s liability for personal injury or death due to its negligence.
6.2. Please ensure you take care of your personal possessions as GNMA does not accept any liability for them.
6.3. GNMA will not be liable for any loss or damage suffered by you resulting from any events which are beyond the reasonable control of GNMA.
6.4. Subject to the above, GNMA’s liability to you is limited to the fees you have actually paid for the relevant Guardian Masterclass.
6.5. Exclusion of implied warranties
(a) GNMA gives no warranties as to the suitability of any content of any Guardian Masterclass for any purpose, or as results, outcomes or benefits arising from your attendance at any Guardian Masterclass and, subject to the following paragraphs, excludes all warranties other than those specified in these Terms and Conditions.
(b) To the extent that you acquire goods or services from GNMA as a ‘consumer’ (as defined in the Australian Consumer Law), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
(c) Nothing in this clause 6.5 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
(i) contravene that statute; or
(ii) cause any term of this agreement to be void,
(Non-excludable Obligation)
(d) In relation to Non-excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which GNMA’s liability is not so limited under this agreement), GNMA’s liability to you for a failure to comply with any Non excludable Obligation is limited to:
(i) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(ii) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
7. Data
To the extent that you provide us with, or we collect, information that constitutes ‘Personal Information’ under the Privacy Act 1988 (Cth), we will comply with the terms of GNMA’s privacy policy (http://www.theguardian.com/help/privacy-policy) and the requirements of the Privacy Act. We will use the information you have provided to us for the purposes of contacting you with information relating to Guardian Masterclasses and to conduct analysis for the purposes of providing future Guardian Masterclasses. If you would like access to or a copy of the personal information we hold about you, to request a correction, or have any questions about how we may use it or to make a complaint, please contact the Data Protection Manager at the address shown above. Or, email dataprotection@theguardian.com.
8. General
8.1. The Contract contains all the terms agreed between you and GNMA.
8.2. This agreement shall be governed by and construed in accordance with the laws of New South Wales and the parties agree that the courts of New South Wales shall have exclusive jurisdiction in relation to this agreement.