DiA Course Terms and Conditions
1. These Terms
(a) By booking a DiA course you are deemed to have agreed to these terms and conditions (Terms) and your booking will be accepted by us on this basis.
(b) We may vary these Terms from to time to time and it is your responsibility to view the most recent Terms on our website. Any changes to the Terms will become binding from the time they are made available on our website.
2. Payment Policy
(a) Course reservations that are not accompanied by full payment will be held for 48 hours. Failure to make full payment may result in loss of that reservation.
(b) Credit card payments may attract additional fees.
3. Cancellation of Courses
(a) Once a course booking is confirmed, the participant has 5 days within which cancellations will be accepted subject to a $250 administration fee and clause 3(b) below.
(b) Within 28 days of a course, cancellations will not be eligible for a refund but may be credited towards another course.
(c) “No Shows” will not qualify for refunds.
(d) Refunds may take up to six weeks to be processed.
(e) DiA reserves the right to amend or cancel courses. Where this occurs, every effort will be made to notify participants in a timely fashion and participants will receive a full refund.
4. Registration Requirements
By registering for a Local or International DiA course, you acknowledge that you have the relevant qualifications in order to participate in that course.
5. Course Products
Any products provided in conjunction with any DiA course is a bonus for the use of the course participant only and should the course attendee not require or use such product, it is the responsibility of the course participant to return it to DiA. In the event of breach of this condition, the full retail value of the products provided to the course attendee will be payable to DiA .
6. Travel Insurance
Comprehensive Travel Insurance is compulsory for all International course participants and should be taken out at the time of booking. It is your responsibility to ensure that the insurance covers all of the activities that you will be participating in.
7. Limitation of liability
(a) We contract with a network of companies, institutions, government agencies and individuals to assist in the running of our courses. In particular with regard to international DiA courses, the contract formed is between you and the third party provider. We are not responsible for the acts and omissions of these third parties.
(b) To the fullest extent of the law:
i. Liability for any loss, injury, death or damage which you may suffer (directly or indirectly) in connection with or arising out of your participation in a course, is excluded.
ii. You release us and our officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a course.
iii. You indemnify us for any loss, death, injury, damage, or liability caused to a third party as a consequence of your actions arising out of or in connection with your participation in the course.
iv. Any condition or warranty which would otherwise be implied by law into these terms (Implied Warranty) is excluded. To the extent Implied Warranty cannot be excluded, our liability in respect of the Implied Warranty is limited to (in our absolute discretion): (i) the provision of a similar course to an equivalent value: or (ii) a refund of the total amount received by us from you in connection with your booking.
v. Any claim by you is excluded to the extent that it is for indirect or consequential loss, loss of profits or economic loss, however it arises, or for indirect, special, punitive or exemplary damages.
8. Protection of DiA Intellectual Property
There is significant intellectual property developed and owned by DiA in order to provide our programs to you. For the avoidance of doubt any material, concept, program, delivery method etc provided or learnt in the course including lectures, hands on teaching, tutorials, surgical training and anything related to our courses whatsoever is our intellectual property and you are not authorised to use it for any purpose other than your personal learning. Any other use will constitute a breach of our intellectual property and will lead to DiA taking the necessary actions to remedy and prevent further breach.
9. Optional activities
Optional activities not included in an International course itinerary do not form part of the course or these Terms. You accept that any assistance given by a representative in arranging optional activities does not render DiA liable for them in any way. The contract for the provision of that activity will be between you and the activity provider.
10. Claims & Complaints
If you have a complaint about a DiA course please inform your DiA representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the course.
In the event that any term or condition contained in these Terms is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
12. Applicable law
The laws of Victoria, Australia govern these Terms to the fullest extent allowable. Any disputes in connection with a course or these Terms must be initiated in the courts of Victoria, Australia.