Terms & Conditions

Fraser Island Distillery

ACN 673 494 525 Item 1: Terms & Conditions By signing below, I confirm that I have read, understood, and accepted the terms and conditions shown on the items below of pages 1 to 5. I confirm that I have the proper authority to sign this agreement. I agree that these terms and conditions form part of my agreement with Fraser Island Distillery.

Fraser Island Distillery – TERMS & CONDITIONS Interpretation and Definitions These terms and conditions form part of Fraser Island Distillery's enrolment agreement with the client (“Agreement”) and apply to the programs or products you have specified and for which you wish to enrol (“Services”). In these terms and conditions, all references to ‘us’, ‘we’, ‘our’, or ‘Fraser Island Distillery’, refer to Fraser Island Distillery.

All references to ‘you’, ‘your’, ‘student/(s)’ is a reference to the parties to this agreement.

General Terms From the Date of Commencement, you agree to a minimum term of three (3) months to Fraser Island Distillery from the initial date of contract and payment.

Attendance priority – Priority for attendance of a particular training on a particular date will be given at the sole discretion of Fraser Island Distillery.

Notices – All notices for requests to change the enrolment terms of this Agreement must be given in writing by email to the Fraser Island Distillery email address. All other forms of communication such as phone, personal, or other electronic requests, will not be accepted.

Acceptance of Terms None of our agents or representatives are authorized to make any representations or statements, conditions or agreements not expressed by the director of Fraser Island Distillery in writing, nor is Fraser Island Distillery bound by any such unauthorized statements.

Cancellation, Transfer & Termination Cooling off period – You may withdraw from this agreement without penalty or obligation by giving notice under clause 2.3 above within seven (7) calendar days notice of the date of signing this agreement. You may request to transfer this agreement to another person by giving notice under clause 3 above. The Company has sole and absolute discretion in the granting or not granting of requests to transfer—payment/ Deposits/ Refunds.

Payment Terms Fraser Island Distillery will invoice the Client in the amount specified in Item 5 of the enrolment agreement on the 15th day of every month of the term of this agreement.

The invoice will be due within 14 days of being issued to the Client. At the Company’s sole discretion, payment by approved students may be made through a payment plan (“payment plan”). If you enter into a payment plan:

You must pay the instalments in the amounts and frequency stipulated in the overleaf.

Unless otherwise stipulated by the Company, a minimum deposit of 10% must be paid on acceptance of this agreement (‘the Deposit’). If we do not receive the Deposit on the date of signing this agreement, the agreement is immediately terminated.

Should you default on the payment plan as outlined on the overleaf, the full amount of the Services immediately becomes due and payable by you to Fraser Island Distillery.

In the event the overleaf has not been completed, you agree the Services must be paid within 12 months from the date of this agreement. You must make equal monthly payments of the total cost of the Services, ensuring the total cost of the Services is paid within 12 months.

Unless otherwise agreed with the director of Fraser Island Distillery, a deposit for the Services must be paid on the date this agreement is entered into. The deposit amount is decided at the sole discretion of Fraser Island Distillery.

Interest on any overdue or outstanding amounts shall accrue from the date when payment becomes overdue. Interest will accrue daily until the payment date, at a rate of 2.5% compounding per calendar month. Any deposit paid with respect to the Services is not refundable. Any payments made with respect to the Services after the deposit is paid are not refundable.

Should Fraser Island Distillery cancel any of the Services for any reason whatsoever, then refunds for the Services will be on a pro-rata basis in relation to the course length and calculated on the total cost of the Services less the deposit paid.

If you are paying for the Services by direct debit or credit card, you acknowledge that any cancellation of authorization for direct debit or other automatic payment does not negate your responsibility to pay the full amount for the Services.

You acknowledge and agree that you will make complete payment of the Services as agreed under this agreement, even if you cannot attend any events you are registered to attend or utilize the Services of Fraser Island Distillery for any reason.

If you do not pay your tuition by the payment terms outlined in the payment clause above, you will forfeit your rights as part of this agreement and be considered in default of this agreement pursuant to the default clauses. If while attending an event, your behavior or actions are deemed inappropriate for the environment, you may be asked to leave. Depending on the severity of the behavior, we reserve the right to consider you in default of this agreement pursuant to default clauses.

If you default in payment of any amount due and owing to Fraser Island Distillery, you shall indemnify Fraser Island Distillery from and against all Fraser Island Distillery’s costs and disbursements, including legal costs on an indemnity basis or on a solicitor and own client basis, whichever is the higher and in addition all of Fraser Island Distillery’s nominees’ costs of collection inclusive of debt collection and agency fees and commissions.

Forfeiture Without prejudice to any other remedies Fraser Island Distillery may have, if at any time you are in breach of any obligation (including those relating to payment), Fraser Island Distillery may suspend or terminate the supply of Services to you and any of Fraser Island Distillery’s other obligations under these terms. Fraser Island Distillery will not be liable to you for any loss or damage you suffer because Fraser Island Distillery exercised its rights under this clause.

Warranties – You acknowledge that you are not relying on any warranties, promises, guarantees or representations made by us, or anyone acting or claiming to act on behalf of us unless it is in writing or made part of this agreement. All advertised material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this agreement. The agreement contains the entire understanding and agreement between you and Fraser Island Distillery, and no addition or modification or any terms shall be effective unless outlined in writing and signed by you and us. No salesperson or employee of Fraser Island Distillery has authority to modify the terms of this agreement.

General Provisions Tax – For Company events occurring in locations that charge GST, Sales Tax, or other applicable tax, such taxes may be charged to the Client in accordance with local government tax regulations. Subject to change – dates, locations, times, content and structure of events are subject to change. Please contact Fraser Island Distillery’s webpage for current information.

Right of Refusal – Fraser Island Distillery reserves the right to send a participant home for any reason it deems appropriate. In such case, there will be no refund for meals, transportation, lodging or other relative incidental costs. If any provision of these terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Fraser Island Distillery shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by you arising out of a breach by Fraser Island Distillery of these terms. In the event of any breach of this agreement by Fraser Island Distillery, remedies shall be limited to damages. Under no circumstances shall the liability of Fraser Island Distillery exceed the price of the Services.

You shall not set off, deduct or reduce against the price of the Services any amounts due from Fraser Island Distillery. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

This agreement is subject to the laws of Queensland. You irrevocably submit to the jurisdiction of Queensland and the Brisbane Registry of the appropriate Court or Tribunal in case of any dispute. Fraser Island Distillery’s policies and procedures are available on Fraser Island Distillery’s website.

You agree that personal data provided may be used and retained by Fraser Island Distillery for the following purposes and for other purposes as shall be agreed in writing between you and Fraser Island Distillery or required by law from time to time:

Provision of Services and goods;

Marketing of Services and/or goods by Fraser Island Distillery, its agents or distributors in relation to the Services and goods;

Analyzing, verifying and/or checking your credit, payment and/or status in relation to the provision of Services/goods; Processing of any payment instructions, direct debit facilities and/or credit facilities requested by you;

Enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the Services or goods.