KOVA NAILS PTY LTD TRADING AS KOVA NAILS
ABN 41 372 611 425

These terms and conditions and student policy (Conditions) as varied from time to
time by Kova Nails apply to the supply of Courses by Kova Nails to the Student.
The Student agrees that the Conditions apply to and from the terms on which the
supply of Courses (whether or not, but including, pursuant to a Contract) shall
proceed. The Conditions apply to the exclusion of and supersede all other
discussions, negotiations, warranties proposals or agreements concerning the
supply of Courses except and to the extent that Kova Nails otherwise agrees in
writing.
Any terms or conditions that are specific to a Course in which a Student is Enrolled
shall form part of these Conditions. In the event of any inconsistency between such
terms and conditions and these Conditions, then such terms and conditions shall
prevail,
These Conditions may be revised or updated by Kova Nails l at any time by
publishing revised or updated Conditions on its Website, which revised or updated
Conditions shall be binding on the Student from the time of publication on the
aforementioned website. The Student should check the website regularly for the
most up to date version of the Conditions.

1. Definitions
1.1 In the Conditions, unless the context requires otherwise:
(a) Authorisation means any licence, consent, approval, permit, registration,
accreditation, certification or other authorisation given or issued by any Authority that
is necessary for Kova Nails supply Courses.
(b) Authority means any government or local authority and any department, minister
or agency of any government, and any other authority, agency, commission or
similar entity having powers or jurisdiction under any law or regulation.
(c) Business Day means a day (other than a Saturday, Sunday or public holiday) on
which banks are open for general banking business in Victoria, Australia.
(d) Certificate means a document or other notification confirming that the Student
has successfully completed a Course.
(e) Contract means an agreement between the Student and Kova Nails for the
supply of Courses by Kova Nails to the Student.
(f) Course means an educational course provided or made available to Students by
Kova Nails from time to time.(g) Course Fee means the fee charged by Kova Nails to the Student for supplying a
Course or Courses.
(g) Enrol and Enrolment means the act by the Student of entering into a Contract
with, or otherwise agreeing to accept the supply of a Course or Courses by Kova
Nails.
(h) Force Majeure Event means an act of God, war, natural disaster (such as an
earthquake, hurricane or volcano event), pandemic, terrorism, strike, embargo or
unavailability of supply of products or services by Kova Nails’s suppliers for reasons
that are outside of the control of Kova Nails that has a material and adverse impact
on Kova Nails’s ability to supply Course to the Student.
(i) GST has the same meaning as in the A New Tax System (Goods and Services
Tax) Act 1999 (Cth).
(j) Intellectual Property means all intellectual property of any type or nature
whatsoever involved in or associated with the provision of the Course by Kova Nails
to the Student, including but not limited to Intellectual Property in any Course
content, documents and resources.
(k) Privacy Policy means the privacy policy maintained and applied by Kova
Nails with respect to personal information of the Student, which Privacy Policy is
published on the Website (as updated from time to time).
(l) Security Interest means any:
(i) security interest under the PPSA or security for payment of money, performance
of obligations or protection against default (including retention of title arrangement,
charge, lien, right of set-off); and
(ii) thing or preferential interest or arrangement of any kind giving a person priority or
preference over claims of other persons or creditors with respect to any property or
asset,
and includes any agreement to create any of them or allow them to exist.
(m) Student means any person who Enrols in a Course or Courses.
(n) Website means https://schoolkovanails.com/ or such other website(s) as Kova
Nails may maintain from time to time.

2. Enrolment, Cooling Off, Transfers, Deferrals and Cancellation
2.1 Kova Nails may from time to time make Courses available to prospective
Students. Kova Nails reserves the rights to:
(a) withdraw any Courses from availability; and(b) to cancel any Course or Courses in which the Student has Enrolled in the event
that Kova Nails determines in its absolute discretion is or are not financially viable to
proceed with, whether or not such Course or Courses has or have commenced. If a
Course is cancelled in accordance with this clause then Kova Nails shall refund to
the Student the Course Fee actually paid by the Student as at the date of such
cancellation and otherwise without penalty.
2.2 Unless otherwise agreed by Kova Nails, Students must be at least 18 years old
(or have the consent and support of a parent, family member, or household member
who is over 18) in order to be eligible to Enrol in a Course. Kova Nails shall be
entitled to reject any application for Enrolment that does not meet such
requirements. Special consideration may be given upon request, acceptance of
which will be at the complete discretion of Kova Nails.
2.3 The Student must apply to Enrol in a Course in such a manner as Kova Nails
directs. Any failure or refusal to Enrol in such manner may result in Kova Nails
refusing to accept the Student’s application for Enrolment or cancel any such
Enrolment.
2.4 The Student must provide Kova Nails with all information (including but not
limited to personal information) reasonably required by Kova Nails for the purpose of
consideration of the Student’s application for Enrolment. Kova Nails shall deal with
any personal information so provided in accordance with its Privacy Policy and
otherwise in accordance with law.
2.5 The Student must immediately advise Kova Nails of any changes to any
information provided by the Student to Kova Nails
2.6 The Student warrants to Kova Nails that all information provided by the Student
to Kova Nails true and correct.
2.7 The Student may withdraw from any Enrolment by notification in writing by
email within 5 days of completion of Enrolment, in which case Kova Nails shall
refund to the Student the Course Fee actually paid by the Student as at the date of
such withdrawal. Kova Nails further reserves the right to charge to the Student a
reasonable administration fee.
2.8 Access to Course content will be provided prior to the Course Commencement
Date. The duration of access to Course content varies from Course to Course,
details of which shall be provided as part of the Course content but is typically
between 2 and 6 months depending on the Course. The Student is expected to
complete the Course within the duration of access to Course content and may be
denied access to the Course content at the expiry of duration in which case the
Student will not be entitled to any refund of Course Fees or any of the benefits
associated with completing the Course.
2.9 Kova Nails does not warrant or guarantee to the Student, and the Student
acknowledges that:(a) Completion or non-completion of the Course will lead to or result in any satisfactory employment or business outcomes for the Student; or
(b) The Course content will be to the Student’s liking or satisfaction.

3. Course Fees
3.1 By Enrolling in a Course (including but not limited to by entering into a
Contract), the Student agrees to pay the Course Fee payable for such Course to
Kova Nails in such amount and in such manner as is determined by Kova Nails and
notified to the Student during Enrolment. In the absence of anything to the contrary,
Course Fees are payable in full immediately upon the completion of Enrolment. The
Student is obliged to ensure at all times that it is financially capable of paying all
Course Fees as and when they fall due for payment.
3.2 Kova Nails may (but is not obliged to) offer a payment plan to the Student with
respect to the payment of Course Fees. The Student must strictly abide by the
terms of any payment plan agreed between Kova Nails and the Student. Kova Nails
shall be entitled to assign, novate or transfer its rights and obligations under any
payment plan so agreed to a third party without the consent of the Student. The
Student must not assign, novate or transfer any of its rights and obligations under a
payment plan so agreed without the written consent of Kova Nails.
3.3 Kova Nails may (including as an alternative to offering a payment plan pursuant to clause 3.2) recommend to the Student a range of third party finance providers to
provide financing options to assist the Student with paying the Course Fee. Any
arrangement or agreement concerning the financing of Course Fees is strictly
between the Student and such third party finance provider and does not impact on,
negative or reduce the Student’s obligation to pay the Course Fees strictly in
accordance with these Conditions. Kova Nails does not and shall not retain or hold
any information concerning any arrangements or agreements entered into between
the Student and any third party finance provider.
3.4 Kova Nails makes no representations, promises or warranties as to the
suitability of any financing options to the Student and the Student hereby waives and
releases Kova Nails from and further indemnifies Kov Nails against any loss, cost or
expense that Kova Nails may suffer or incur in connection with the Student deciding
to enter into an arrangement with a third party finance provider in relation to the
payment of the Course Fee.
3.5 Kova Nails reserves the right to cancel or suspend the Student’s participation in a Course and to cease supply of Course content to the Student without notice if the Student fails to pay any Course Fees by the due date for payment.
3.6 The Student shall not be entitled to the refund or repayment of any amounts
(including but not limited to Course Fees) paid by it to Kova Nails except in
accordance with these Conditions or otherwise in the absolute discretion of Kova
Nails.
3.7 Kova Nails reserves the right to charge interest on any overdue amounts
payable by the Student.
3.8 The Student must immediately notify Kova Nails in the event of any issue,
problem or difficulty in meeting its obligations with respect to a Contract, including
but not limited to any anticipated inability to pay Course Fees or any other amounts
on time. Kova Nails may, and without otherwise affecting its rights under these
Conditions, at its election cancel a Contract in whole or in part in response to such a
notice.

4. Course Assessment and Completion
4.1 Course requirements, Student work performance and obligations and
assessment criteria and timing varies from Course to Course and:
(a) where applicable or relevant, shall be notified to the Student at the time of
Enrolment or during the Course;
(b) forms part of these Conditions upon notification to the Student.
4.2 The Student shall be issued with a Certificate upon successful completion of a
Course, which shall be issued. Kova Nails reserves the right to delay the issue of a
Certificate if the Student is or remains in default under these Conditions (including
but not limited to in relation to the payment of any amounts payable to Kova Nails) in
any respect until such time as the Student remedies such default.
4.3 the Course.
Courses are designed to be completed within set timeframes, which depend on
4.4 If the Student requires more time to complete a Course, it may apply to Kova
Nails for an extension for an additional fee.
4.5 A Course shall be deemed to have been abandoned if the Student has not
completed the Course or paid the Course Fee in full by the due date for completion
(plus any extension period) and the Course content will no longer be accessible.

5. Intellectual Property
5.1 All Intellectual Property remains the property of Kova Nails and/or its suppliers
and vendors (as applicable).
5.2 The Student must:
(a) at all times keep all Intellectual Property made available to it private and
confidential; and
(b) use the Intellectual Property solely for the purpose of completing the Course.
5.3 The Student must not:(a) assert any ownership or other interest in or to exploit, modify or develop any of
the Intellectual Property;
(b) copy or reproduce the Intellectual Property without the written consent of Kova
Nails;
(c) share or make the Intellectual Property available to or accessible by any third
party;
(d) do anything that will or may damage, jeopardise the ownership of or bring into
disrepute or question.
5.4 The Student acknowledges that the Intellectual Property is integral to the
business of Kova Nails. Failure to comply with the Student’s obligations under this
clause 5 shall entitle Kova Nails to cancel the Student’s Enrolment and/or terminate
any Contract with immediate effect by notice to the Student. Penalty fees may apply.

6. Student Conduct and Behaviour
6.1 Kova Nails may publish on its Website any code of conduct or other policies
concerning Student conduct and behaviour. The Student is obliged to familiarise
themself with any such code or policy and abide by it.
6.2 Without limitation to the aforesaid, in its dealings with other students and Kova
Nails personnel, the Student must at all times:
(a) behave in a courteous, fair-minded and non-disruptive manner; and
(b) not engage in any conduct that is abusive, unreasonable, discriminatory or
threatening or which amounts to harassment or stalking.
6.3 Plagiarism is not tolerated. Students must ensure that all work submitted is
their own work, written in their own words. If Kova Nails reasonably believes that
any work submitted by the Student is plagiarised or not completed solely by the
Student, Kova Nails reserves the right to:
(a) Require the Student to re-submit the relevant work; or
(b) refuse to issue any Certificate.

7. Complaint, Feedback and Dispute Resolution
7.1 The Student is encouraged to provide feedback on the Course and their
learning experience. Feedback may be used for marketing purposes. If a student
does not wish their feedback to be used in this way, they should advise Kova Nails.
7.2 Any complaints must be made in writing and submitted
to school@kovanails.com
7.3 Kova Nails shall endeavour to, but shall not be liable to, respond to and resolve
any complaint within 10 Business Days.
7.4 In the event that a complaint cannot be resolved or other dispute arises (other
than a dispute concerning the payment of any amounts payable by the Student to
Kova Nails in accordance with these Conditions), then either the Student or Kova
Nails must first invoke the dispute resolution procedure set out below before taking
any other action.
7.5 The dispute resolution procedure shall be invoked by the disputing party
sending a notice in writing to the non-disputing party that it is invoking the dispute
resolution procedure and stating the nature of the dispute.
7.6 Upon the dispute resolution procedure being invoked, the parties must meet (by
either telephone call or video conference call) within 10 Business Days on the date
of invocation and endeavour to resolve the dispute. Either party may be
accompanied at such a meeting by a maximum of 2 support people.
7.7 If the dispute cannot be resolved at the dispute resolution meeting, then either
party may thereafter take such action with respect to the subject matter of the
dispute as it considers appropriate.

8. Default
8.1 If at any time the Student is in breach of a Contract or these Conditions, Kova
Nails may issue a notice to the Student setting out details of the default and requiring
the Student to remedy such default within a period of not less than 14 days from the
date of the default.
8.2 If the Student fails to comply with a notice issued in accordance with clause
8.1 Kova Nails may at its election by further notice to the Student:
(a) suspend the supply of any Courses to the Student until such time as the Student
remedies all applicable breaches; and/or
(b) cancel any Course or Contract which remains unfulfilled.
8.3 Notwithstanding clauses 8.1 and 8.2, Kova Nails may:
(a) suspend the supply of any Courses to the Student including any Website access
or tutor services; and/or
(b) cancel any Course or Contract which remains unfulfilled,
by notice in writing to the Student with immediate effect if Kova Nails determines in
its opinion that:
(c) the Student has provided any false or misleading information to Kova Nails as
part of its Enrolment;
(d) the Student is not at least 18 years old;
(e) the Student behaves in a way towards other students or Kova Nails personnel
that Kova Nails (in its discretion) considers to be egregiously inconsistent with its
policies concerning Student conduct and behaviour or which conduct is repeated
despite request from Kova Nails to cease such conduct.
8.4 Kova Nails shall be entitled to recover from the Student, and the Student
indemnifies Kova Nails against, all costs, loss and damage suffered or incurred by
Kova Nails (including recovery agent fees and legal costs on an indemnity basis) in
connection with any breach of a Contract or these Conditions.

9. Force Majeure Events
9.1 If a Force Majeure Event occurs:
(a) the Student shall not be relieved from its obligations under a Contract or with
respect to an Enrolment except as provided for in this clause 9;
(b) Kova Nails may, at its option:
(i) suspend any Course affected by the Force Majeure Event, for a period of up to
12 months or until the Force Majeure Event has abated (whichever is earlier); or
(ii) if the Force Majeure Event has not abated after the end of any period of
suspension, cancel the Contract(s) or Enrolment(s) affected by the Force Majeure
Event, in which event any applicable Course Fees shall be supplied as a credit
against future Course enrolment(s) by the Student

10. Limitation of Liability
10.1 The Student agrees to the maximum extent lawfully permissible that if Kova
Nails breaches the Conditions or any applicable law, then the Student’s remedy is
limited to (at Kova Nails’s election):
(a) The re-supply of any Course in which the Student was Enrolled; or
(b) Refund of the Course Fees for any Course in which the Student was Enrolled.
10.2 Kova Nails disclaims all liability whatsoever for:
(a) any consequential or indirect loss and/or expense (including loss of profit) the
Student suffers or may suffer; and
(b) any unlawful or negligent conduct of Kova Nails’s suppliers, agents or
contractors.

11. General
11.1 If any provision of the Conditions is illegal or unenforceable this does not affect
the remaining provisions.
11.2 Kova Nails is entitled to assign any or all of its rights under these Conditions,
and any Enrolment or Contract, by notice to the Student. The Student is not entitled
to assign any of its rights or obligations under these Conditions or under any
Enrolment or Contract without the consent of Kova Nails, which Kova Nails may
withhold in its absolute discretion.
11.3 Time is of the essence with respect to the performance of the Student’s
obligations under these Conditions and under any Contract.
11.4 The Conditions and any Contract shall be construed and applied in accordance
with the laws of New South Wales, Australia and are subject to the exclusive
jurisdiction of the courts of New South Wales, Australia.
11.5 Kova Nails reserves the right to vary or amend the Conditions at any time, and
any variation or amendment will take effect with respect to Contracts entered into
from the date the Student is notified.

12. Declaration
12.1 By accepting these Conditions, the Student acknowledges, agrees and
warrants that it:
(a) Has read and understood these Conditions and any documents provided by Kova
Nails during the Enrolment Process (including any Student code of conduct or
Student behavioural policy published on the Website);
(b) Understands that by signing these Conditions and having its Enrolment accepted,
it is entering into a binding Contract with Kova Nails;
(c) Subject to clause 2.2 is over the age of 18 and can provide evidence of same on
request;
(d) Has reliable access to a stable, virus-free computer, laptop, tablet or phone and a
reliable internet connection;
(e) Does not have any medical, physical or behavioural conditions that would prevent
it from completing the Course or abiding with these Conditions that it has not
disclosed to Kova Nails;
(f) Has disclosed all relevant information in the course of applying for Enrolment.