Terms of Service
Last updated: June 23, 2025
1. Agreement to Terms
These Terms of Service ("Terms") govern your use of the Essential Key Photography Academy website (law-essentialkey.com) and educational services operated by Essential Key Photography Academy Pty Ltd ("Company," "we," "our," or "us").
By accessing our website, enrolling in our courses, or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
2. Description of Services
Essential Key Photography Academy provides photography education services including:
- Digital photography courses and workshops
- Image processing and editing training
- Portfolio development programs
- Professional certification courses
- One-on-one mentorship and coaching
- Online educational resources and content
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.
3. Eligibility and Registration
3.1 Age Requirements
You must be at least 18 years old to register for our courses independently. Students under 18 may enroll with parental or guardian consent and supervision.
3.2 Account Registration
To access certain services, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3 Prerequisites
Some courses may have specific prerequisites or skill requirements. It is your responsibility to ensure you meet these requirements before enrolling.
4. Course Enrollment and Payment
4.1 Enrollment Process
Course enrollment is subject to availability and completion of our registration process. We reserve the right to limit enrollment or deny registration at our discretion.
4.2 Pricing and Payment
Course fees are listed in Australian Dollars (AUD) and must be paid according to the payment schedule specified for each course. All prices include applicable taxes unless otherwise stated.
4.3 Payment Methods
We accept various payment methods including credit cards, debit cards, and bank transfers. Payment processing is handled by secure third-party providers.
4.4 Late Payments
Late payments may result in suspension of access to course materials and services. Additional fees may apply for payment plan defaults.
5. Refund and Cancellation Policy
5.1 Cooling-off Period
You may cancel your enrollment within 14 days of registration for a full refund, provided you have not accessed more than 10% of the course content.
5.2 Course Cancellation by Us
If we cancel a course due to insufficient enrollment or other reasons, you will receive a full refund or the option to transfer to another course.
5.3 Student Withdrawal
Refunds for voluntary withdrawal after the cooling-off period are calculated based on the percentage of course completed, minus administrative fees, in accordance with Australian consumer protection laws.
5.4 No-Show Policy
Failure to attend scheduled sessions without prior notice may result in forfeiture of fees for those sessions.
6. Student Conduct and Responsibilities
6.1 Code of Conduct
Students are expected to:
- Attend classes punctually and participate actively
- Treat instructors and fellow students with respect
- Complete assignments and projects on time
- Use equipment and facilities responsibly
- Maintain academic honesty and integrity
- Follow safety guidelines and instructions
6.2 Prohibited Conduct
The following behaviors are prohibited and may result in suspension or expulsion:
- Harassment, discrimination, or disruptive behavior
- Damage to equipment or facilities
- Unauthorized recording or distribution of course content
- Plagiarism or academic dishonesty
- Violation of safety procedures
6.3 Equipment and Materials
Students are responsible for bringing required equipment and materials as specified in course descriptions. Damage to provided equipment may result in repair or replacement charges.
7. Intellectual Property Rights
7.1 Our Content
All course materials, including but not limited to text, images, videos, software, and curriculum, are owned by Essential Key Photography Academy or licensed from third parties. This content is protected by copyright and other intellectual property laws.
7.2 Student Work
Students retain ownership of their original photographic works created during courses. However, by enrolling, students grant us a non-exclusive license to use their work for educational and promotional purposes, with appropriate attribution.
7.3 Restrictions on Use
Course materials are provided solely for personal educational use. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
8. Limitation of Liability
To the maximum extent permitted by law, Essential Key Photography Academy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
Our total liability for any claims arising from or related to our services shall not exceed the amount you paid for the specific course or service giving rise to the claim.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Australian law.
9. Force Majeure
We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, strikes, or technical failures.
In such cases, we will make reasonable efforts to reschedule classes or provide alternative learning arrangements.
10. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify enrolled students of material changes via email or through our website. Continued use of our services after such modifications constitutes acceptance of the updated Terms.
12. Termination
12.1 Termination by You
You may terminate your enrollment in accordance with our refund and cancellation policy.
12.2 Termination by Us
We may terminate your enrollment or access to services immediately for breach of these Terms, violation of our code of conduct, or other legitimate business reasons.
12.3 Effect of Termination
Upon termination, your access to course materials and services will cease, but you will retain any certificates or credentials already earned.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.
13.2 Dispute Resolution Process
Any disputes arising from these Terms or our services will be resolved through the following process:
- Direct negotiation between the parties
- Mediation through a mutually agreed mediator
- Binding arbitration if mediation fails
13.3 Jurisdiction
The courts of Victoria, Australia, shall have exclusive jurisdiction over any disputes that cannot be resolved through the above process.
14. Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection legislation.
If you are a consumer under Australian Consumer Law, our services come with guarantees that cannot be excluded. If we fail to meet these guarantees, you may be entitled to remedies including repair, replacement, or refund.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
16. Contact Information
For questions about these Terms or our services, please contact us:
Essential Key Photography Academy Pty Ltd
Level 3, 142 Collins Street
Melbourne VIC 3000
Australia
Email: [email protected]
Phone: +61 3 9650 1234
17. Acknowledgment
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.