Introduction: 

Oh hi! Are you lost, or are you a lawyer?

These Terms and Conditions (these “Terms”) relate to the ‘Prologue by NIDA’® products and services owned, operated and provided by the National Institute of Dramatic Art (“NIDA”).

This includes customer services, sales and enrolment processes, the general use of the ‘Prologue by NIDA’ application, the ‘Prologue by NIDA’ course books and any associated course materials and content that form part of the ‘Prologue by NIDA’ self-directed learning programs (collectively, “Prologue”).

1. Cancellations and Refunds:

No take backs. But we do want you to be happy with your Prologue course. If you aren’t happy, give us a call and we’ll work with you to find a solution.

• The purchase price of a Prologue course is non-refundable if you change your mind or do not complete the course. However, please note that nothing in these Terms are intended to limit your rights under Australian Consumer Law. If your Prologue course arrives damaged, is faulty, is not fit for purpose or is different from its description at point of sale, then you may be eligible for a refund or exchange. Please contact our customer service team in the event of a damaged or faulty product ([email protected]).

2. Access and Continuation of Service:

Here for a long time and a good time.

• Subject to these Terms (and subject to any rights you may have under Australian Consumer Law):

• you will be able to access to your Prologue digital content via the Prologue application for at least 12 months from date of your original purchase;

• such access will be ongoing whilst the Prologue services remain publicly available, however, if you fail to access the content in any 12-month rolling period, NIDA reserves the right to discontinue your access to the digital elements of your course.

• Notwithstanding the above, NIDA may immediately cease access to the digital content in the Prologue application if NIDA is impacted by a Force Majeure Event. For the purposes of these Terms, “Force Majeure Event” shall mean a circumstance, act, event or omission beyond the reasonable control of NIDA.

• If you no longer have access to the digital content in the Prologue application, you are welcome to retain the book, cards and the physical elements of the Prologue course, however, you must adhere to the conditions of enrolment and participation as outlined in these Terms.

• If you breach any part of these Terms, NIDA reserves the right to:

• request the return of your book, cards and any physical elements of our courses; and

• disable or discontinue your access to any Prologue digital and app-based content immediately and without notice.

3. Intellectual Property:

Its mine, all mine…

• Prologue, the creative and marketing material on this website and the associated content in any and all of our courses are the sole property of NIDA (including all copyright and other intellectual property rights therein).

• Where recordings of classwork or digital learning assets such as scripts or pre-recorded audio and video including the exclusive Prologue training videos are provided, this material remains the property of NIDA (including all copyright and other intellectual property rights therein) and can only be used by the participant as part of their course work. For the avoidance of doubt, and without limitation, you may not copy, sell, publicly communicate or screen, capture or distribute on social media or submit to agents, festivals, workplace presentations or for school projects, any part of the Prologue materials.

• PROLOGUE BY NIDA® and CAPE CROWN AND HEADLIGHT® are registered trade marks belonging to NIDA. PROLOGUE™ is a trade mark belonging to NIDA.

4. Safety and Your Participation:

If you or others aren’t safe, you aren’t doing it properly. NIDA promotes learning by doing – please make sure you are learning safely and heed the safety suggestions through the course.

• The Prologue courses will invite you to participate in exercises – both physical and academic activities and personal interactions. NIDA recommends closed-in, flat shoes be worn when completing all physical activity prescribed as part of a Prologue course.

• By agreeing to participate in these exercises, activities or interactions, you understand and voluntarily assume all innate and obvious risks associated with completing these courses including, but not limited to, all risks of personal injury and any losses.

• To the fullest extent permissible at law:

• you agree to fully indemnify NIDA and its personnel against any claims, costs or damages incurred by NIDA as a result of your breach of these Terms; and

• you hereby release NIDA and its personnel from any liability in respect of your use of any part of the Prologue offerings (except where such claim, loss or damage is a direct result of NIDA’s breach of these Terms).

5. Privacy, Yours and Ours:

We won’t put your face on a billboard or sell your info to Big Tech, Big Pharma or Big Brother.

The stats and content we get from you through the customer inquiry and enrolment process and via the app during your course work, will be used to report to government and funding bodies and to help us make this and other NIDA courses better.

5.1    NIDA takes your personal privacy seriously. We will never use your personal details for anything other than their original intended use, without your express permission.

5.2    By participating in a Prologue course, you agree to comply with NIDA’s Privacy Policy, www.nida.edu.au/privacy (our “Privacy Policy”).

5.3    During the customer inquiry and enrolment process and throughout our courses, we will be collecting self-reported data about you and your learning experience. You may also be asked to provide qualitative feedback. It is a condition of registering your details with us through the inquiry and enrolment process and participating in this course that you agree to us using your data and feedback in internal and external reports and presentations including public media presentations and campaigns about the Prologue brand and products. Statistical and qualitative feedback will be deidentified for the purposes of reporting including media reporting and presentation. We will not use your image or identity in any report or presentation without your express permission.

5.4    Selected learning content throughout the Prologue courses will be recorded via the Prologue application for student use as part of the course work. All images and recordings are stored securely and in accordance with our Privacy Policy in NIDA approved digital storage.

5.5    We don’t generally monitor student course content however from time to time we may access it for quality assurance and internal training purposes. By participating in a Prologue course, you are agreeing that the recordings and documentation you make of your course work in the Prologue application may be accessed by approved NIDA staff as required. NIDA will not distribute or otherwise use your recording for anything other than the aforementioned purposes without your written, express permission unless required to by law. All NIDA staff are bound by our Privacy Policy.

 

6. Opinions and Recommendations:

We think this is good stuff, but the things we recommend may not be suitable for your personal circumstance. If something we suggest doesn’t feel right, don’t do it.

6.1    The information in the Prologue course books and application is for your general information and is not professional advice tailored specifically for you.

6.2    Any opinions and recommendations of NIDA are made in good faith but are not to be read or construed as a warranty or guarantee that such opinions or recommendations:

• will now or in the future provide you with a materially altered outcome in your personal and professional communications with others;

• are or will be adopted by other persons; and

• will continue to be promoted by NIDA in the future.

6.3    In relying on or otherwise using any opinions or recommendations, you:

• must make your own independent assessment of the appropriateness of those opinions or recommendations in light of your own particular circumstances;

• must not rely on NIDA in deciding whether or not to follow those opinions or recommendations; and

• should seek your own professional advice or exercise your own judgement in respect of any decision to rely on those opinions or recommendations.

7. Participation and Consent:

I Do…

By clicking the ‘purchase’ button on the website or the ‘accept’ button in the app, we are going to believe you when you say you have read the T&C’s and agree to them.

Some of the exercises in the Prologue courses require interaction with other real humans– IRL. Be nice to people when you are engaging others in these exercises, if they don’t want to do the exercises with you, don’t force them. No means no – you’ll get a better outcome both with those people and in your learning if you enrol willing participants in your learning journey.

7.1    NIDA reserves the right to make amendments to its programs without prior notice either before or during a course.

7.2    NIDA reserves the right to refuse any enrolment as permitted by law or to instruct a participant to discontinue using a Prologue course if they are misusing, misrepresenting, engaging in illegal conduct or deliberately calling into disrepute the Prologue courses or NIDA.

7.3    By purchasing a course through our website or selecting ‘accept’ of the terms and conditions in the Prologue application, you agree that you are eighteen years of age or older and have read and understood the provisions of these Terms.

8. Governing Law:

Aussie, Aussie, Aussie…

8.1    These Terms are governed by and will be construed in accordance with the laws of New South Wales, Australia.

8.2    You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, and the courts competent to determine appeals from those courts, with respect to any proceedings, which may be brought at any time relating to these Terms.