CAPSTONE ACADEMY TERMS AND CONDITIONS
(a) This website (Site) is operated by Capstone Academy Pty Ltd (ACN: 655 547 167) (we, our or us). These terms and conditions (Terms) are between us and you.
(b) We offer an online training course (Course) for graduates of the Graduate Diploma in Migration Law to prepare for the migration agents capstone exam (the Capstone).
(c) You accept these Terms by registering for a Course via the Site.
(d) The full details of the Course inclusions, materials and length of the Course will be as set out on the Site.
(a) You may register for a Course by placing an order on the Site and paying the Price. If we accept your order, we will send you a confirmation email with details on how to create an account and access the course materials.
(b) You must not disclose your account details to any other person and you must keep the login credentials confidential.
(c) You must have a suitable device (such as a tablet or computer) and a strong internet connection to participate in the Course.
(d) You will be able to access the course 2 days prior to its commencement. You will lose access to the Course within 2 days of the Course completion. It is your responsibility to participate in the Course before the Course completion date.
(a) Part of the Course may include virtual tutorials. We will notify you of the dates of the virtual tutorials after you have registered for the Course and we will send you a video conference link to attend the tutorial.
(b) You acknowledge that due to unforeseen circumstances we may need to change the date of a scheduled tutorial and we will have no liability to you and you will not be entitled to a refund due to a change in date.
(c) During the tutorial, we may ask for participation from you. To ensure the tutorial is instructive and useful for everyone and so that everyone is able to learn and engage in a positive and friendly environment, we expect you to follow our policies for standards of behaviour. For example, if you make inappropriate comments or do not let others participate, we may warn you and then cancel your attendance on the tutorial.
4. Price and payments
(a) You must pay us the purchase price of the Course (the Price) in accordance with this clause. All amounts are stated in Australian dollars and Australian GST will be set out separately (where applicable).
(b) You must pay the Price upfront using one of the methods set out on the Site.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
5. Refunds and the Australian Consumer Law
(a) We do not offer refunds for change of mind or other circumstances. You acknowledge that the Price once paid is non refundable and that this is a genuine pre-estimate of our loss due to the Course being limited to a certain number of participants and due to the fact that you can get the full benefit of the Course within a short time.
(b) We do not permit students to change enrolment dates to another intake period once they have commenced the course, for change of mind or other circumstances. Where a student has commenced the course and they notify us within 2 weeks (of starting the course) of their intention to change their enrolment date to another intake, we may, at our discretion, permit the student to resume the course in another intake period, subject to a change fee of $350.
(c) However, nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Please contact us to discuss your options if you believe that you have rights under the Australian Consumer Law.
(d) You agree that our only liability under these Terms will be the liability we have under the Australian Consumer Law.
6. Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Course) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We grant you a non-exclusive, revocable, personal, non- sublicensable and non-transferable licence, for the Course duration and 2 days after the end of the Course to access and use the Course solely for the purpose of participating in the Course (Licence). The Licence expires 2 days after the Course completion.
(c) You must not use Our Intellectual Property for your own commercial gain.
(d) Unless expressly permitted in these Terms, you must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) download, reproduce, retransmit, distribute, disseminate, sell, distribute, lease, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the Course, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e) This clause will survive expiry or termination of these Terms.
7. Content you upload
(a) You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.
(b) If you make any User Content available on or through the Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
8. Use of the Site
(a) When using the Site and accessing the Course, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading or sharing private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) tampering with or modifying the Site (including by transmitting viruses and using trojan horses)
(4) using the Site to send unsolicited electronic messages;
(5) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(6) facilitating or assisting a third party to do any of the above acts.
9. No guarantee of success
(a) Although we have prepared the Course based on years of experience in the Australian migration law industry, we cannot guarantee that participating in the Course is a guarantee that you will pass the Capstone. The Capstone is a difficult assessment with a low pass rate and you will need to undertake significant study as part of the Course. You are encouraged to undertake additional study to prepare for the Capstone.
(a) Either party may terminate these Terms upon written notice by a party (the Non-Defaulting Party) if the other party (the Defaulting Party) breaches a material term of these Terms and that breach, if it is capable of remedy, has not been remedied within 10 days of the Defaulting Party being notified of the breach by the Non-Defaulting Party. Any breach of the Licence terms by you will be a material breach.
(a) Force Majeure: Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
(b) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(c) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(d) Governing law: These Terms are governed by the laws of New South Wales.
(e) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. [We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.]
For any questions and notices, please contact us at:
Capstone Academy Pty Ltd (ACN: 655 547 167)
Email: [email protected]
Last update: 13/12/2021