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1. About the Website
1.1. Welcome to www.learningplusacademy.com (the 'Website').
The Website tutoring, consultation, and learning services (the 'Services').
1.2. The Website is operated by LearningPlus Academy
(ABN 83 319 162 700) . Access to and use of the Website, or any of its associated
Products or Services, is provided by LearningPlus Academy. Please read these
terms and conditions (the 'Terms') carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease usage
of the Website, or any of Services, immediately.
1.3. LearningPlus Academy reserves the right to
review and change any of the Terms by updating this page at its sole
discretion. When LearningPlus Academy updates the Terms, it will use reasonable
endeavours to provide you with notice of updates to the Terms. Any changes to
the Terms take immediate effect from the date of their publication. Before you
continue, we recommend you keep a copy of the Terms for your records.
2.
Acceptance of the Terms
You accept the Terms by remaining on the
Website. You may also accept the Terms by clicking to accept or agree to the
Terms where this option is made available to you by LearningPlus Academy in the
user interface.
3.
Subscription to use the
Services
3.1. In order to access the Services, you must first
purchase a subscription through the Website (the 'Subscription') and pay
the applicable fee for the selected Subscription (the 'Subscription Fee').
3.2. In purchasing the Subscription, you acknowledge
and agree that it is your responsibility to ensure that the Subscription you
elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you
will then be required to register for an account through the Website before you
can access the Services (the ' Account').
3.4. As part of the registration process, or as part
of your continued use of the Services, you may be required to provide personal
information about yourself (such as identification or contact details),
including:
(a) Full Name
(b)
Email address
(c)
Preferred username
(d)
Telephone number
(e)
Password
3.5. You warrant that any information you give to LearningPlus
Academy in the course of completing the registration process will always be
accurate, correct and up to date.
3.6. Once you have completed the registration
process, you will be a registered member of the Website ('Member') and
agree to be bound by the Terms. As a Member you will be granted immediate
access to the Services from the time you have completed the registration
process until the subscription period expires (the 'Subscription Period').
3.7. You may not use the Services and may not accept
the Terms if:
(a) you are not of legal age to form a binding
contract with LearningPlus Academy; or
(b) you are a person barred from receiving the
Services under the laws of Australia or other countries including the country
in which you are resident or from which you use the Services.
4.
Your obligations as a
Member
4.1. As a Member, you agree to comply with the
following:
(a) you will use the Services only for purposes that
are permitted by:
(i)
the Terms; and
(ii)
any applicable
law, regulation or generally accepted practices or guidelines in the relevant
jurisdictions;
(b) you have the sole responsibility for protecting
the confidentiality of your password and/or email address. Use of your password
by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify LearningPlus Academy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of LearningPlus Academy providing the Services;;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of LearningPlus Academy;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by LearningPlus Academy for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) PayPal ('PayPal')
5.2. All payments made in the course of your use of
the Services are made using PayPal; Stripe;. In using the Website, the Services
or when making any payment in relation to your use of the Services, you warrant
that you have read, understood and agree to be bound by the PayPal; Stripe;
terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request
for the payment of the Subscription Fee is returned or denied, for whatever
reason, by your financial institution or is unpaid by you for any other reason,
then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4. You agree and acknowledge that LearningPlus Academy
can vary the Subscription Fee at any time and that the varied Subscription Fee
will come into effect following the conclusion of the existing Subscription
Period.
6.
Refund Policy
LearningPlus Academy will only provide you with
a refund of the Subscription Fee in the event they are unable to continue to
provide the Services or if the manager of LearningPlus Academy makes a
decision, at its absolute discretion, that it is reasonable to do so under the
circumstances . Where this occurs, the refund will be in the proportional
amount of the Subscription Fee that remains unused by the Member (the 'Refund').
7.
Copyright and Intellectual
Property
7.1. The Website, the Services and all of the related
products of LearningPlus Academy are subject to copyright. The material on the
Website is protected by copyright under the laws of Australia and through
international treaties. Unless otherwise indicated, all rights (including
copyright) in the Services and compilation of the Website (including but not
limited to text, graphics, logos, button icons, video images, audio clips,
Website, code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and are reserved by
LearningPlus Academy or its contributors.
7.2. All trademarks, service marks and trade names
are owned, registered and/or licensed by LearningPlus Academy, who grants to
you a worldwide, non-exclusive, royalty-free, revocable license whilst you are
a Member to:
(a)
use the Website pursuant to the Terms;
(b) copy and store the Website and the material
contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own
personal and non-commercial use.
LearningPlus Academy does not grant you any
other rights whatsoever in relation to the Website or the Services. All other
rights are expressly reserved by LearningPlus Academy.
7.3. LearningPlus Academy retains all rights, title
and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade
mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name,
trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject
of a patent, registered design or copyright (or an adaptation or modification
of such a thing, system or process), to you.
7.4. You may not, without the prior written
permission of LearningPlus Academy and the permission of any other relevant
rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or
third party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
8. Privacy
8.1. LearningPlus Academy takes your privacy seriously
and any information provided through your use of the Website and/or Services
are subject to LearningPlus Academy's Privacy Policy, which is available on the
Website.
9. General Disclaimer
9.1. LearningPlus Academy is an independent provider of tutoring, education support, and consultation services, and is not affiliated, approved, or endorsed by any
regulating organizations. As such, the display of third party trade marks on
the website or any reference to registered trademarks, business names, and regulating
organizations and/or their trademarks is merely for information sharing purposes
and is by no means intended to convey endorsement, sponsorship, or association
with those products or services.
(a) TOEFL iBT [®] is a registered trademark of
Educational Testing Service (ETS). This product is not endorsed or approved by
ETS.
(b) TOEIC [®] is a registered trademark of
Educational Testing Service (ETS). This product is not endorsed or approved by
ETS.
(c) IELTSTM is a registered trademark of and is jointly managed by the British Council, IDP: IELTS Australia, and Cambridge Assessment English.
(d) OET is a registered trademark of and is owned by Cambridge Boxhill Language
Assessment, a joint venture between Cambridge Assessment English and Box Hill
Institute.
9.2. Nothing in the Terms limits or excludes any
guarantees, warranties, representations or conditions implied or imposed by
law, including the Australian Consumer Law (or any liability under them) which
by law may not be limited or excluded.
9.3. Subject to this clause, and to the extent
permitted by law:
(a) all terms, guarantees, warranties,
representations or conditions which are not expressly stated in the Terms are
excluded; and
(b) LearningPlus Academy will not be liable for any
special, indirect or consequential loss or damage (unless such loss or damage
is reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), loss of profit or opportunity, or damage to goodwill
arising
(a) failure of performance, error, omission,
interruption, deletion, defect, failure to correct defects, delay in operation
or transmission, computer virus or other harmful component, loss of data, communication
line failure, unlawful third party conduct, or theft, destruction, alteration
or unauthorised access to records;
(b) the accuracy, suitability or currency of any
information on the Website, the Services, or any of its Services related
products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the
Website, the Services or any of the products of LearningPlus Academy; and
(d) the Services or operation in respect to links
which are provided for your convenience.
10. Education Services
10.1. By using our services, you agree that
LearningPlus Academy is not to be held liable for any decisions you make based
on any of our services or guidance and any consequences, as a result, are your
own. Under no circumstances can you hold LearningPlus Academy liable for any
actions you take nor can you hold us or any of our employees liable for any
loss or costs incurred by you as a result of any guidance, advice, coaching,
materials or techniques used or provided by LearningPlus Academy.
10.2. All our information on both the website and in
consultations is intended to assist you and does not in any way, nor is it
intended to substitute professional, financial or legal advice. Results are not
guaranteed and LearningPlus Academy takes no responsibility for your actions,
choices or decisions.
11. Limitation of liability
11.1. LearningPlus Academy's total liability arising
out of or in connection with the Services or these Terms, however arising,
including under contract, tort (including negligence), in equity, under statute
or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that
LearningPlus Academy, its affiliates, employees, agents, contributors and
licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you,
however caused and under any theory of liability. This shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly),
any loss of goodwill or business reputation and any other intangible loss.
12. Termination of Contract
12.1. The Terms will continue to apply until
terminated by either you or by LearningPlus Academy as set out below.
12.2. If you want to terminate the Terms, you may do
so by:
(a) not renewing the Subscription prior to the end
of the Subscription Period;
(b) providing LearningPlus Academy with "zero
days" days' notice of your intention to terminate; and
(c) closing your accounts for all of the services
which you use, where LearningPlus Academy has made this option available to
you.
Your notice should be sent, in writing, to
LearningPlus Academy via the 'Contact Us' link on our homepage.
12.3. LearningPlus Academy may at any time, terminate
the Terms with you if:
(a) you do not renew the Subscription at the end
of the Subscription Period;
12.4. Subject to local applicable laws, LearningPlus
Academy reserves the right to discontinue or cancel your membership at any time
and may suspend or deny, in its sole discretion, your access to all or any
portion of the Website or the Services without notice if you breach any
provision of the Terms or any applicable law or if your conduct impacts
LearningPlus Academy's name or reputation or violates the rights of those of
another party.
13. Indemnity
13.1. You agree to indemnify LearningPlus Academy, its
affiliates, employees, agents, contributors, third party content providers and
licensors from and against:
(a) all actions, suits, claims, demands,
liabilities, costs, expenses, loss and damage (including legal fees on a full
indemnity basis) incurred, suffered or arising out of or in connection with
Your Content;
(b) any direct or indirect consequences of you
accessing, using or transacting on the Website or attempts to do so; and/or
(c)
any breach of the Terms.
14.
Dispute
Resolution
14.1.
Compulsory:
If a dispute arises out of or relates to the
Terms, either party may not commence any Tribunal or Court proceedings in
relation to the dispute, unless the following clauses have been complied with
(except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute ('Dispute')
has arisen under the Terms, must give written notice to the other party
detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice ('Notice') by
that other party, the parties to the Terms ('Parties') must:
(a) Within "30 working days" days of the
Notice endeavour in good faith to resolve the Dispute expeditiously by
negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, "30 working
days" days after the date of the Notice, the Dispute has not been
resolved, the Parties must either agree upon selection of a mediator or request
that an appropriate mediator be appointed by the President of the Australian
Mediation Association; Conflict Resolution Service or his or her nominee;
(c) The Parties are equally liable for the fees and
reasonable expenses of a mediator and the cost of the venue of the mediation
and without limiting the foregoing undertake to pay any amounts requested by
the mediator as a pre-condition to the mediation commencing. The Parties must
each pay their own costs associated with the mediation;
(d)
The mediation will be held in Melbourne,
Australia.
14.4.
Confidential:
All communications concerning negotiations made
by the Parties arising out of and in connection with this dispute resolution
clause are confidential and to the extent possible, must be treated as
"without prejudice" negotiations for the purpose of applicable laws
of evidence.
14.5.
Termination of Mediation:
If "three months" have elapsed after
the start of a mediation of the Dispute and the Dispute has not been resolved,
either Party may ask the mediator to terminate the mediation and the mediator
must do so.
15.
Venue and Jurisdiction
The Services offered by LearningPlus Academy is
intended to be viewed by residents of Australia. In the event of any dispute
arising out of or in relation to the Website, you agree that the exclusive
venue for resolving any dispute shall be in the courts of Victoria, Australia.
16.
Governing Law
The Terms are governed by the laws of Victoria,
Australia. Any dispute, controversy, proceeding or claim of whatever nature
arising out of or in any way relating to the Terms and the rights created
hereby shall be governed, interpreted and construed by, under and pursuant to
the laws of Victoria, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law
clause is not contested. The Terms shall be binding to the benefit of the
parties hereto and their successors and assigns.
17.
Independent Legal Advice
Both parties confirm and declare that the
provisions of the Terms are fair and reasonable and both parties having taken
the opportunity to obtain independent legal advice and declare the Terms are
not against public policy on the grounds of inequality or bargaining power or
general grounds of restraint of trade.
18.
Severance
If any part of these Terms is found to be void
or unenforceable by a Court of competent jurisdiction, that part shall be
severed and the rest of the Terms shall remain in force.
LearningPlus Academy
Date: January, 2021
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