Terms And Conditions

These terms and conditions (Terms and Conditions) constitute a legally binding contract Alliance Francaise de Canberra Inc Registration Number 113999858 of 66 McCaughey Street, Turner, ACT 2601 (we, our, us) and the user (you, your).

We operate the website located http://www.afcanberra.com.au/ (site).  These Terms and Conditions apply to your use of the site, Content and Facilities and the purchase of our goods and services.  By viewing the Content, using the Facilities, creating a Member Account or ordering goods and services from the site, you acknowledge and agree that you have had sufficient opportunity to read and understand these Terms and Conditions, and that you agree to be bound by them.

If you do not agree to these Terms and Conditions, you must leave the site immediately.

1. Definitions

Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth) and which appears on the site.

Facilities means any feature that appears on the site that enables you to access or use the Content.

Member Account means an account created by you for the purposes of accessing the Content and Facilities.

2. Membership

(a) Subject to clause 3, you must be a registered member in order to enrol in our courses and receive private tuition.
(b) Membership is available to all individuals who are at least eighteen (18) years old.
(c) Membership is valid for one (1) year from the date your membership fee is paid and we will advise you when your membership is due for renewal.
(d) The annual membership fees and membership rights are contained on the site.
(e) Once paid, membership fees are non-refundable.
(f) Membership fees and membership rights may be varied at our discretion, any variation of the applicable membership fees and corresponding membership rights will take effect upon your membership being renewed.

3. Minors

(a) Students who are under eighteen (18) years of age must pay an annual junior enrolment fee in order to enrol in our classes and receive private tuition.
(b) The junior enrolment fee is valid for one (1) year from the date the junior enrolment fee is paid and we will advise you when the junior enrolment fee is subsequently due for payment.
(c) The annual junior enrolment fee and corresponding rights are contained on the site.
(d) Once paid, the junior enrolment fee is non-refundable.
(e) The junior enrolment fee and any corresponding rights can be varied by us, in our discretion.  Any variation of the junior enrolment fee and corresponding rights will take effect upon the subsequent junior enrolment fee being paid.
(f) These Terms and Conditions apply to the parents or guardians of students who are aged less than eighteen (18) years of age.

4. Courses 

4.1 Enrolment

(a) The details of our courses, course fees, course materials and commencement and completion dates for courses are located on our site.
(b) Unless we advise otherwise, the educational materials required for each course must be purchased separately to that course.
(c) If you are enrolling in a course, you must enrol in the entire course.
(d) We may provide you with the option of attending a similar class, if we receive advance notice of your inability to attend a class.
(e) If you are new to our courses and have previously learnt French, we recommend that you take our online assessment test before enrolling in a course, so that we can determine which course you should enrol in.
(f) To ensure that you are learning effectively, we may redirect you to another course, if we consider that it would be beneficial to your learning.

4.2 Withdrawal

(a) You will be entitled to a refund of:

(b) You will not be entitled to a refund of your course fees once we have taught fifty percent (50%) of the course.
(c) We will consider a request for transferring from one (1) course to another course (1) or deferring a course if there are exceptional circumstances.  We may request evidence of your exceptional circumstances, for instance, in the case of serious illness, a doctor’s certificate.

(d) You will be entitled to a credit note of:

(e) You will not be entitled to a credit note of your course fees once we have taught fifty percent (50%) of the course or if you fail to advise the Administration by email or mail, as soon as you stop attenting classes.
(f)Please note that the credit note is valid for a year and cannot de refunded at any time.
(g) We will consider a request for transferring from one (1) course to another course (1) or deferring a course if there are exceptional circumstances.  We may request evidence of your exceptional circumstances, for instance, in the case of serious illness, a doctor’s certificate.


(h) All applications for refunds, or course deferments or transfers must be directed to the Director by: 

4.3 Cancellation

(a) The minimum class size of our courses is nine (9) students.
(b) If we have insufficient student numbers for that course, we may within three (3) weeks of that course commencing:

  • (i) divide, combine or cancel a course;
  • (ii) adjust the number of hours for the course; or
  • (iii) continue to offer the course, with a revised course fee. 

(c) If we cancel your course, you may request a transfer to another class, a credit note or full refund of your paid fees, less the number of of classes you have attended.
(d) Credit notes are not transferable or redeemable for cash and must be used within one (1) year of being issued.

5. Private tuition

5.1 Enrolment

(a)  Unless we advise otherwise, the educational materials required for your private tuition lessons must be purchased separately to your private tuition lessons.
(b) You must sign an agreement with us before your first private tuition lesson commences.  We will provide you with a copy of this agreement and your tutor will keep the original agreement to record the date, time and length of the private tuition lesson you have received.  You must sign each record of your private tuition lesson.
(c) Private tuition lessons must be completed within six (6) months of being purchased.

5.2 Location

(a) Private tuition is available at 66 McCaughey Street, Turner, Australian Capital Territory, 2601.
(b) Alternatively, we can arrange for private tuition to be provided at a location that is convenient to you for a fee.

5.3 Fees

(a) If you are receiving private tuition, you must pay private tuition in lots of six (6) hours, unless we advise otherwise.
(b) Private tuition fees must be paid up front, at least forty-eight (48) hours prior to the private tuition commencing.  

5.4 Cancellation

(a) You must provide us with at least twenty-four (24) hours’ notice if you would like to cancel your private tuition lesson.
(b) If your private tuition lesson falls on a Monday, you must notify us if you would like to cancel your private tuition lesson on the Friday.

6. Public holidays

(a) If any of your course classes falls on a public holiday, your teacher will inform you of the time and date the make-up class for that course will be held.
(b) We do not provide discounts or refunds for course classes that fall on a public holiday.

7. Medical attention

(a) If, during the course of your attendance at a course or private tuition lesson, you require medical attention, you authorise us to seek medical, hospital or ambulance services on your behalf, where we consider it necessary or appropriate to do so.
(b) You are responsible for payment of any expenses and fees in relation to these medical, hospital or ambulance services.


8. Materials

(a) Course and private tuition materials cannot be returned or exchanged, unless we change the course or private tuition lesson requirements and these changes result in you purchasing new materials
(b) Materials that are returned subject to clause 8(a) must be in very good condition and within our reasonable timeframes, unless we agree otherwise


9. Resources

You may access our resources subject to payment of your membership fee (or administrative fee, if applicable) and compliance with our rules of access.

10. Events and linguistic stays

(a) We may advertise events and linguistic stays for you to attend.  These events and linguistic stays are subject to any additional terms and conditions we advertise, including payment of fees.
(b) Your attendance at the event or linguistic stay indicates your acceptance of the additional terms and conditions.

11. Discounts

(a) We may offer discounts for classes, private tuition and educational materials.
(b) Unless advised otherwise, you cannot combine multiple discounts for the purchase of courses, private tuition and educational materials.

12. Payment

12.1 Purchase

(a) You are, by completing and providing us with the relevant forms for the purchase of courses, private tuition or educational material, making an offer to purchase.
(b) Your offer to purchase is accepted by us, once we receive and payment from you.
(c) Once we accept your offer, we are deemed to have sold to you and you have bought from us the relevant courses, private tuition or educational material.

12.2 Prices

All prices on this site apply to the purchase of the courses, private tuition and educational material at the time you offer to purchase the course, private tuition and/or educational material and not at any other time.

12.3 Goods and Services Tax

Unless stated otherwise, all prices are inclusive of Goods and Services Tax and are in Australian currency.

12.4 Payment

Unless we advise otherwise, payment can be made by cash, cheque, EFTPOS or credit card.  Payments by EFTPOS or credit card can be made at our front desk, by mail or online.

12.5 Payment for courses and private tuition

(a) All fees for courses and private tuition must be received by us prior to the course or private tuition commencing.
(b) Enrolment in a course or private tuition will only be confirmed upon payment of all fees prior to the first lesson commencing.
(c) If your payment has not been received by us prior to the course or private tuition commencing, you may be refused access to the classes or private tuition until we receive your payment.
(d) We may, in our discretion and if requested, provide you with the option to pay the required fees by instalment.
(e) We will not provide a refund to you for any class or private tuition lesson you have failed to attend. 

12.6 Credit cards

Payments by credit card will incur a surcharge of 1.2%.

12.7 Other purchases

Unless we advise otherwise, these Terms and Conditions will apply to other purchases you make with us.

13. Deliveries

All educational material purchased or ordered must be picked up at our premises (66 McCaughey Street, Turner, Australian Capital Territory, 2601) before or on the day you commence your course or private tuition.


14. Member Account

(a) You may be required to establish a Member Account in order to purchase goods and services from us.
(b) You agree to keep any password provided in relation to your Member Account confidential and you must not share the details of your Member Account with third parties.
(c) We reserve the right to limit, cancel, suspend or terminate your Member Account without notice and without providing a reason if we believe you are breaching any of these Terms and Conditions or are of the opinion that your use of the Member Account may be a breach of a third party’s intellectual property rights.
(d) You agree not to hold us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Member Account.

15. Content

(a) Unless otherwise indicated, we reserve all copyright in the Content and design of the site.  We own all such copyright or provide it to you under the terms of a limited licence embodied in these Terms and Conditions each time you visit the site.
(b) You may download, print or copy Content for your own use. Unless we agree otherwise, you must not sell, lease, furnish or otherwise permit or cause others to provide access to the site.
(c) You must not use, reproduce, communicate, publish, or distribute any of the Content, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act).  In particular, you must not reproduce or use any of the Content for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

16. Prohibitions on use  of site

This site, Content and Facilities must not be used in any manner that infringes our rights. In using the site, you must not:

(a) data mine or conduct automated searches on the site or the Content, whether through the use of additional software or otherwise;
(b) frame or mirror the site;
(c) tamper with, hinder the operation of, or make unauthorised modifications to the site or any of its Content;
(d) transmit any virus, worm or other disabling feature to or via the site;
(e) abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;
(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the site or the domain;
(g) use the site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth).

17. Policy

In using the site, you are deemed to accept the terms and conditions of our Privacy Policy.

18. Purchase of goods and services

In purchasing goods and services from the site, you are deemed to accept these Terms and Conditions and any other terms and conditions applicable to the purchase of those goods and services which you have been advised of prior to your purchase.

19. Site access

(a) We may without notice suspend access to the site or disconnect or deny you access to any part of the site during any technical failure or maintenance period.
(b) We may also choose at our sole discretion to block or deny you access to any of the Content or Facilities contained on the site.
(c) We may make improvements and or changes to the site and the Content at any time without notice.  We do not warrant that the information architecture or navigation will not change now or at any time in future.

20. Disclaimer and limitation of liability

20.1 No duty of care

(a) You access this site at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to those contained in these Terms and Conditions.
(b) We make the site available for you to use, however we do not assume a duty of care to you.  We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content and the Facilities.
(c) You must make your own investigations to ensure the Content is accurate before you rely on it.

20.2 Disclaimer of warranties

You expressly acknowledge and agree that, to the maximum extent permitted by law:

(a) your use of the site is at your sole risk.  The service is provided on an "as is" and "as available" basis. We, and our officers, employees and agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) we make no warranty that:

  • (i) the Content and Facilities will meet your requirements;
  • (ii) the Content is accurate or reliable;
  • (iii) the Content and Facilities will be uninterrupted, timely, secure or error-free;
  • (iv) the quality the Content, or other material obtained by you will meet your expectations; and
  • (v) any errors or will be corrected;

(c) any Content downloaded or otherwise obtained through your use of the site is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of the Content; and
(d) no advice or information, whether oral or written, obtained by you from us, or through or from the Content creates any warranty not expressly stated herein;

20.3 Limitation of liability

(a) Except for certain statutory warranties under consumer protection laws we do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content and Facilities or your use of the Content and Facilities.
(b) Subject to any claims available under consumer protection laws, we and our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

  • (i) any inaccurate or incorrect Content;
  • (ii) your use of the Content and Facilities;
  • (iii) any failure or delay including, but not limited to, the use or inability to use any of the Content and Facilities;
  • (iv) any interference with or damage to your computer systems which occurs in connection with use of the Content and Facilities;
  • (v) the cost of procurements of substitute goods and services resulting from any goods or services purchased or obtained through the Content and Facilities;
  • (vi) any unauthorised access to or alteration of your Member Account information.

(c)        For claims that cannot be excluded or restricted under consumer protection laws, our liability for such a claim will (at our option and to the extent permitted by law) be limited to:

  • (i) in the case of goods:
    • I.repairing or replacing those goods; or
    • II.paying the cost of having those goods repaired or replaced; and
  • (i) in the case of services:
    • I.resupplying those or equivalent services;
    • II.paying the cost of having those services resupplied.

21. Miscellaneous provisions

21.1 the jurisdiction

No representation or warranty is made that the Content and the Facilities complies with the laws of any country outside of Australia.  If you access the site from outside Australia, you do so at your own risk.

21.2 RSS Feeds

If you utilise any of the Facilities on the site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with.  You must include the back link to the full article on the site and show any included attestation.

21.3 Trade marks

We may be the owner of several common law (or where indicated), registered trade marks which appear on the site.  Unauthorised use of these trade marks will infringe our intellectual property rights.  If you have infringed our rights in this regard we reserve our right to take action against you.

21.4 Changes to Terms and Conditions

We may change the Terms and Conditions at our discretion by providing notice on the site.  The version of the Terms and Conditions that applies to you will be available on the site each time you visit the site.

21.5 Entire agreement

These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement between you and us.  Any contact with us, our officers, employees and agents which includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

21.6 Indemnity

By using this site, you indemnify us and our officers, employees and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that we may incur or suffer as a direct or indirect result of:
(a) a breach of these Terms and Conditions;
(b) an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the site;
(c) any claims brought by or on behalf of any third party relating to any act or omission by you, including breach of a third parties copyright or trade mark.

21.7 Governing law and jurisdiction

The laws of the Australian Capital Territory and Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of the Supreme Court of the Australian Capital Territory and the Federal Court of Australia.

21.8 Severance

If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.

21.9 Waiver

If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver of our right to act with respect to subsequent or similar breaches.

21.10 Headings

Headings are for convenience only and do not form part or affect the interpretation of these Terms and Conditions.


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