Any User of the Services ("Users") include "Students", who have already registered with the Site and have current paid (whether payment has been made by the User or on their behalf) to any of the courses or programs or other materials (referred collectively as "Courses"). Users can be referred to as "Visitors", if they are not Students, or if they are Students accessing unpaid content or material. This Agreement is applicable to all Users (also referred to as "you" or "your"). Any use of this Service implies that you acknowledge the Agreement, and agree that you will comply with this Agreement, including any additional terms and conditions provided to you in relation to the Services and other material offered to you or made available to you ("Additional Terms"). Please refer to our privacy policy ("Privacy Policy"), earnings disclaimer ("Earnings Disclaimer") and the Additional Terms, which are hereby incorporated into this Agreement. The Additional Terms shall override in the event that there is contradiction between this Agreement and Additional Terms. If you are not a resident of Australia, any personal information you submit by using this Site will imply that you consent to the transfer of your personal information to Australia. This Agreement is subject to modification from time to time. Continued use of the Services following any modifications to this Agreement constitutes agreement to the modified Agreement. Both the Terms of use and the Privacy Policy may be updated. The date of the most recent update will be displayed at the beginning of the document. You will need to check for any changes to the terms of use. Any changes are immediately effective, hence any use of the Services after the effective date will mean that you acknowledge and agree to the changes. Regular checking to review this Agreement will ensure you are aware of the latest modifications and your obligations under the changes.
A condition of using the Services is a minimum age of 18 years old. By using the Services, you declare that you are at least 18 years old. As such, you represent, covenant and warrant that you meet this minimum age, as the Services are not developed for users who are under 18 years of age.
To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. The Company reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting User Content on or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By purchasing a Course, you agree to pay all fees associated with the Course. The Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Service. Your use of the Service following such notification constitutes your acceptance of any new or increased charges. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment information. By submitting such payment information, you automatically authorize the Company to charge all fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
All sales are final. No refunds will be issued unless otherwise specified in writing. If you believe that the Service has not been provided as described, please contact our customer support team. We may, at our sole discretion, offer refunds or credits for future use of the Service. The provision of refunds or credits is not an obligation on our part and we reserve the right to refuse any refund or credit request. If we decide to issue a refund or credit, this does not mean we are obligated to provide the same or similar refunds in the future.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service, or contact us directly. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you are dissatisfied with the Service or any of its terms, conditions, guidelines, practices, or policies, your sole and exclusive remedy is to discontinue using the Service.
In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section may not apply to you.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at support@example.com or call our customer service team at +61 2 1234 5678. Our mailing address is 123 Business Street, Sydney, NSW 2000, Australia.