TERMS & CONDITIONS

AUSTUDYASIA’S TERMS & CONDITIONS FOR:

(1) SUBSCRIPTIONS TO AUSTUDYASIA
(2) AUSTUDYASIA’S TUTORING SERVICES

Each of the Terms and Conditions below, constitute a legally binding contract between AustudyAsia Limited (Trading as AustudyAsia) and you (User).AustudyAsia operates the website located at www.austudyasia.com (Site).

1. SUBSCRIPTIONS TO AUSTUDYASIA:

These Terms and Conditions apply to the goods and services supplied via the Site and to Users viewing the Content that appears on the Site. By viewing and using the Content, creating an account or subscription, or purchasing goods and services, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they agree to be bound by them. Users who do not agree to these Terms and Conditions must leave the Site immediately.

1.Definitions and interpretation

1.1 Defined terms
Subscription means the subscription form that is available on the Site for the User to access, download (if applicable) and use.
Commencement Date means the date the User pays the Subscription Fee.
Content means any other text, data, speech, music or other sounds, visual images (animated or otherwise) is any form, or in any combination of forms as defined in the Broadcasting Services Act 1992 and includes the Materials and a Subscription and any features that appear on the Site for Users to use.
Student resources means materials and resources on the Site
Insolvency Event means circumstances in which AustudyAsia or a User take any corporate action or any steps are taken or legal proceedings are started for:
(a) its winding-up, dissolution, or liquidation;
(b) the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or
(c) seeking or being granted protection from its creditors, under any applicable legislation.
Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
Subscription means the Paid Subscription.
Subscription Fee means payments paid by the User in accordance with the AustudyAsia’s subscription plans.
Materials means the Materials available on the Site.
Paid Subscription means the non-exclusive, worldwide, subscription granted to a User pursuant to the AustudyAsia plan the User has paid for the Materials.
Paid Materials means the Resources that the User is granted access to pursuant to their Paid Subscription.
Resources means the resources available on the Site.
Term means the course student is enrolled in

1.2 Interpretation

Reference to:
(a) the singular includes the plural and the plural includes the singular;
(b) a person includes a body corporate;
(c) to an amount of money, to $, $A or dollar is a reference to the currency of China;
(d) a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision;
(e) including and similar expressions are not words of limitation;
(f) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
(g) headings and the table of contents are for convenience only and do not form part of these Terms and Conditions or affect its interpretation.

2. Accessing Resources

In order to access the Resources, Users must have a fully licensed and operating copy of Adobe Reader, which can be downloaded from http://get.adobe.com/reader/.

3. Subscription

(a) The Paid Subscription commences on the Commencement Date and will continue for the Term of the course
(b) AustudyAsia grants Users a non-exclusive, non-transferable, limited subscription to use the Paid Materials for the Term in exchange for the Subscription Fee.
(c) The Users agrees to use and access the Paid Materials on the terms of the Paid Subscription and for the purpose for which the Paid Materials are provided.
(d) The Paid Subscription will automatically renew for the Renewal Period, unless the User terminates the Paid Subscription by cancelling their recurring subscription.
(e) If AustudyAsia increases the Subscription Fee during the Term, the Users agree to pay the increased Subscription Fee, when the Paid Subscription renews for the Renewal Period.
(f) The Users agrees to pay the Subscription Fee in the manner stipulated by AustudyAsia.
(g) The Users are responsible for payment of all applicable taxes in relation to the Subscription, unless AustudyAsia advises otherwise.

3.1 Unauthorised access and use
The Users must not under any circumstances:
(a) provide Materials to any teachers, parents, or other unauthorised users;
(b) resell any Materials;
(c) provide any Materials for profit or a personal benefit; or
(d) allow any third parties to use their Subscription.

3.2 Ownership
(a) AustudyAsia retains all right, title and interest in and to all Intellectual Property in the Content and Site.
(b) The Users acknowledge that they do not acquire any Intellectual Property, either express or implied, in the Content and Site beyond the terms contained in these Terms and Conditions.

3.3 No obligation to support
Provided the Materials function and are fit for purpose, AustudyAsia has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Materials.

3.4 Account and password
(a) Users must create a Site account to access the Materials.
(b) Users must keep all usernames and passwords to their account strictly confidential.
(c) Users are expressly prohibited from sharing their account details with third parties, and personnel may access the Site only from the venue of the subscribing OOSHC Service.

3.5 Termination by AustudyAsia
(a) AustudyAsia reserves the right to limit, cancel, suspend or terminate a Subscription without notice if:
(i) it no longer has the right to provide the Content to the User for any reason whatsoever;
(ii) the User commits a breach of any of the material terms and conditions of these Terms and Conditions or the Subscription, including but not limited to providing the Materials to unauthorised users;
(iii) the User’s use of the Content may breach a third party’s Intellectual Property rights;
(iv) the activities being conducted by the User contravene any applicable law;
(v) the User does not pay the Subscription Fee for the Renewal Period prior to the Renewal Period commencing;
(vi) the User is a body corporate and suffers an Insolvency Event;
(vii) the User is an individual and becomes bankrupt.
(b) If AustudyAsia terminates the Subscription pursuant to this clause
(i) the User will cease to have access to the Materials;
(ii) the User will not be entitled to a refund of any Subscription Fees paid for the Subscription; and
(iii) AustudyAsia is not liable for claims, demands or damages (including actual and consequential) of any kind for terminating the User’s access to the Content and Site.

3.6 Termination by the User for breach
(a) The User can terminate the Subscription without notice if AustudyAsia commits a breach of any of the material terms and conditions of the Subscription.
(b) AustudyAsia’s will refund the User the Subscription Fee for the Initial Period or the Renewal Period as applicable on a pro-rata basis if the Subscription is terminated pursuant to clause 3.9(a).
(c) If the Subscription is terminated because the User did not pay the Subscription Fee for the Renewal Period, the User may continue to access the Materials up until the Term expires.

3.7 Actions upon termination
Upon termination:
(a) the User will cease to have access to the Content;
(b) the User must delete any downloaded or saved Resources;
(c) the User must cease using any Resources, except for Resources that have been printed prior to the Subscription being terminated;
(d) the User must cease to use and uninstall the Application from all devices the User has installed the Application on;
(e) any clauses intended to survive termination of this Subscription, including clauses 3.2, 3.3, 3.5(b), 3.5(e), 3.9, 7, 9, 10, 12, 12 and 12.5, survive termination.

4. Permitted use of Content

(a) Unless otherwise indicated, AustudyAsia reserves all copyright in the Content and design of the Site. AustudyAsia owns all such copyright or provide it to Users under the terms of a limited subscription embodied in these Terms and Conditions each time Users visits the Site.
(b) User may download, print or copy Content for their own use, pursuant to their Subscription. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, outside the scope of their Subscription, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 . In particular, Users must not reproduce or use any of the Content for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act or as otherwise provided for in the Subscription and these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

5. Prohibitions on use

The Site and Content must not be used in any manner that infringes AustudyAsia’s rights. Users agree that they must not:
(a) data mine or conduct automated searches on the Site or the Content whether through the use of additional software or otherwise;
(b) frame or mirror the Site;
(c) tamper with, hinder the operation of, or make unauthorised modifications to the Site or Content;
(d) transmit any virus, worm or other disabling feature to or via the Site;
(e) abuse, defame, harass, stalk, threaten or otherwise violate AustudyAsia’s legal rights or the legal rights of a third party;
(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;
(g) modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content;
(h) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 ;
(i) use the Content for any purpose or in any manner not contemplated in these Terms and Conditions or in a manner which could damage the reputation of AustudyAsia or the goodwill or other rights enjoyed by AustudyAsia ; or
(j) transfer, sublicense, rent, lease or lend the Materials to a third party or use the Materials for commercial sharing.

6. Provision of service

(a) AustudyAsia may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
(b) AustudyAsia may also choose at its sole discretion to block or deny any particular User with access to any of the Content.
(c) AustudyAsia may make improvements and or changes to the Content and Site at any time without notice. AustudyAsia does not warrant that the information architecture or navigation will not change now or at any time in future.

7. Consent to the provision of information to third parties

Users acknowledge that their credit card details or PayPal billing agreement will be securely stored in order for Users to access the Content and the Site and for Users’ subscription to be renewed.

8. Take down procedure

(a) AustudyAsia takes all reasonable steps to be aware of Content published by Users on the Site. AustudyAsia is committed to removing all Content as soon as practical after AustudyAsia is notified that the Content may be a breach of copyright or other Intellectual Property rights, is defamatory or otherwise claimed to be illegal.
(b) To notify AustudyAsia of a claimed infringement of copyright please send a notification to info@austudyasia.com which includes:
(i) information about the complaining party (Complainant) including for example: address, telephone number (land line and mobile) and email address;
(ii) an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringed material;
(iii)identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit AustudyAsia to locate the material;
(iv) a statement that the Complainant has a good faith belief that use of the Content in the manner complained of is not authorised by the copyright owner, agent, or the law; and
(v) a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.
(c) Users acknowledge and agree that if AustudyAsia receives a notice of a claim of copyright infringement, AustudyAsia may immediately remove the Content from the Site without further notice.
(d) To notify AustudyAsia of Content that may require removal from the Site other than because of alleged copyright, please email: info@austudyasia.com

9. No duty of care

(a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.
(b) AustudyAsia makes the Site available for the User to use, however AustudyAsia does not assume a duty of care to the User. AustudyAsia makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content.
(c) Users must make their own investigations to ensure the Content is accurate before they rely upon it.

10. Warranty disclaimer

10.1 Disclaimer of warranties
Users expressly acknowledge and agree that, to the maximum extent permitted by law:
(a) their use of the Site and Content is at their sole risk. The Site and Content is provided on an “as is” and “as available” basis. AustudyAsia and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) AustudyAsia makes no warranty that:
(i) the Content and Site will meet Users’ requirements;
(ii) the Content is accurate or reliable;
(iii) the Content and the Site will be uninterrupted, timely, secure or error-free;
(iv) the quality of the Content, or other material obtained by Users through the Site will meet Users’ expectations; and
(v) any errors will be corrected;
(c) any Content downloaded or otherwise obtained through the Site is accessed at Users’ own discretion and risk, and Users are solely responsible for any damage to their computer or loss of data that results from downloading Content; and
(d) no advice or information, whether oral or written, obtained by Users from AustudyAsia or through or from the Content creates any warranty not expressly stated herein.

10.2 Limitation of liability
(a) Except for certain statutory warranties under consumer protection laws AustudyAsia does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.
(b) Subject to any claims available under consumer protection laws, AustudyAsia and its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i) any inaccurate or incorrect information in the Content;
(ii) Users’ use of the Content;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;
(iv) any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;
(v) the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Site;
(vi) any unauthorised access to or alteration of a User’s account information;
(vii) for anything a User does to a third party as a result of using the Content or Site;
(viii) for any inability to use any third party equipment or access to data;
(ix) for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Site;
(x) for any indirect, incidental, punitive, special, or consequential loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site, even if AustudyAsia has been advised of the possibility of such damages or if such damages are foreseeable.
(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of AustudyAsia for such a claim will (at AustudyAsia’s option and to the extent permitted by law) be limited to:
(i) in the case of goods: repairing or replacing those good or paying the cost of having those repaired or replaced; and
(ii) if the breach relates to Content: resupplying that or equivalent Content, or paying the cost of having that Content resupplied.

10.3 Indemnity
The Users indemnify, defend and hold harmless AustudyAsia and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that AustudyAsia may incur or suffer as a direct or indirect result of:
(a) any breach of these Terms and Conditions;
(b) a User’s negligent acts or omissions;
(c) an actual or alleged breach by a User of any law, legislation, regulation, by-law or code of conduct caused by the Content or other data uploaded or downloaded from the Site;
(d) use of the Content or Site, including any third party claims made in connection with, or arising out of, the User’s use of the Content and Site;
(e) any claims brought by or on behalf of a third party relating to any act or omission by the User, including breach of a third party’s copyright or trade mark.

11. Notices

(a) For all correspondence in relation to these Terms and Conditions, please contact AustudyAsia on:
(i) email: info@AustudyAsia.com; or
(ii) telephone: 0481 094 421 (Australia only).
(b) If required, AustudyAsia will contact Users via the contact details the User has provided to AustudyAsia. If AustudyAsia has multiple contact details for a User, AustudyAsia will contact the User using the most recent contact details on file.

12. Miscellaneous provisions

12.1 Access to the Site
No representation or warranty is made that the Content and Site comply with the laws of any country outside of Australia and Asia. A User accessing the Site from outside Australia or Asia, does so at their own risk.

12.2 RSS Feeds
If a User utilises any features on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. The User must include the back link to the full article on the Site and show any included attestation.

12.3 Trade marks
AustudyAsia may be the owner of several common law (or where indicated), registered trade marks which appear on the Site. Unauthorised use of these trade marks will infringe AustudyAsia’s Intellectual Property rights. If a User infringes AustudyAsia’s Intellectual Property rights, AustudyAsia reserves its rights to take action against that User.

12.4 Amendments
AustudyAsia may change the Terms and Conditions at its discretion by providing notice on the Site. The version of the Terms and Conditions that applies to the Users will be available on the Site each time a User visits the Site.

12.5 Entire agreement
These Terms and Conditions (including the Subscriptions) and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with AustudyAsia and its officers, agents or authorised representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

12.6 Governing law and jurisdiction
The laws of Hong Kong and Australia govern these Terms and Conditions. AustudyAsia and the Users submit to the non-exclusive jurisdiction of the Federal Court of Australia and Hong Kong SAR.

12.7 Severability
Part or all of a provision of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining parts of the provision or provisions of these Terms and Conditions continue in force.

12.8 Waiver
If AustudyAsia does not act in relation to a particular breach by a User of these Terms and Conditions, this will not be treated as a waiver of AustudyAsia and right to act with respect to subsequent or similar breaches

2. TUTORING SERVICES:

ENROLMENT:
To enrol their child, parents need to complete our online student enrolment form and pay for each year level course in advance.

PAYMENT OF TUITION FEES:
Full payment of a year level course must be made in full, in advance.

CANCELLATION OF A TUTORING PROGRAM:
Cancellation of a tutoring program received ten business days or less prior to the commencement date incur a 15% charge per enrolment to cover administration costs. All cancellations must be made in writing to info@austudyasia.com
Cancellation of a tutoring program prior to the end of a year level course, incurs a charge of one tutoring session per enrolment to cover administration costs. Once tutoring has commenced, cancellations must be at least two weeks in advance or session charges will apply. All cancellations must be made in writing to info@austudyasia.com

CANCELLATION OF A TUTORING SESSION:
In the event that AustudyAsia cancels a tutoring session, parents will be notified by email, and will not be charged for the session missed.
Cancellation of a single tutoring session must be made two days in advance, to avoid being charged for the missed session. Students who do not arrive for a scheduled session, or if less than two days notice is given regarding an absence, will forfeit the tutoring session at no cost to AustudyAsia.
If a student arrives late to a tutoring session, the session will still end at the scheduled time, and the student will forfeit the time missed at the beginning of the session.
No catch up or make up sessions are available for sessions missed.

LIMIT OF LIABILITY:
AustudyAsia is not liable or responsible for any travel costs or loss or damage as a result of a substitution, cancellation, or postponement of a tutoring session. AustudyAsia shall assume no liability whatsoever if this event is altered, rescheduled, postponed or cancelled due to a fortuitous event, unforeseen occurrence or any other event that renders performance of this tutoring session inadvisable, illegal, impracticable or impossible. For purposes of this clause, a fortuitous event shall include, but shall not be limited to: an outbreak of H1N1 or other types of influenza, governmental restrictions and/or regulations; terrorism or apparent act of terrorism; extreme weather; disaster; civil disorder, disturbance, and/or riots; curtailment, suspension, and/or restriction on transportation facilities/means of transportation; unavailability of the trainer due to ill-health or any other emergency.

ABSENT TUTORS:
If a tutor is absent for any reason, AustudyAsia will arrange for a replacement tutor to take any scheduled session/s.
In the event that AustudyAsia cancels a tutoring session, parents will be notified by email, and will not be charged for the session missed.

ABSENT STUDENTS:
Notification of a student’s absence from a tutoring session must be confirmed in writing with AustudyAsia at info@austudyasia.com at least 2 days before the session, or session charges will apply.
No catch up or make up sessions are available for sessions missed.

UPDATED: November, 2018