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  1. Important Items to Note
    Please take the time to read these terms of use for our course content (“Content”).
    The Content is provided and owned by Otuition Education Pty Ltd (ABN:62 674 611 806) (“we” or “us”).By continuing to use the Content, you (“user”) acknowledge that you have had an opportunity to review and consider these terms and conditions (“Our Terms”) and that you understand and agree to Our Terms and Disclaimer. It also means that you consent to the collection, storage, and use of your personal information as described in our Privacy Policy.If you do not understand or do not agree to Our Terms, our Disclaimer, or Privacy Policy, you must not access or use our Content.We will not permit a user to access the Content unless you demonstrate, in the manner set out by us, your acceptance of Our Terms.
  2. Access to Content
    You may buy rights to access and use all of the Content by subscribing for a 12 month term through our platform and by paying the relevant Fee for the subscription. We will, on submission of your application through our platform and receipt of the applicable Fee, provide you with a username and password to access the relevant Content.
  3. Your Licence to Use
    Subject to clause 3, we grant you a non-exclusive, non-transferable, revocable licence to access and use the Content in accordance with Our Terms and our Disclaimer (a copy of which can be found on the Website).Our Terms and this licence to access and use the relevant Content start when you accept Our Terms and pay us the Fee for the relevant Content via the Website and will continue for the subscription period of one year from that date (“Term”).
  4. The Fee
    The Fee for access to all Content within the platform is as specified on our website in Australian dollars and includes goods and services tax (GST).Subject to clause 12, all Fees you pay are non-refundable. You can make payment of the Fees by any method set out on our website. Payment of any amount required is only deemed to occur when we have received the full amount due, in cleared funds into our bank account.You may choose to pay the 12-month Fee in full or in monthly instalments. If you choose to pay in monthly instalments, you commit to paying the full 12-month Fee over a 12-month period. Early termination of the subscription does not relieve you of the obligation to pay the full 12-month Fee.We reserve the right to include or pass onto you any surcharge or other amount payable associated with any specific method of payment. To the extent we can, we will include information about any such charges and fees on our website.You agree to reimburse us in respect of any Fees or like amounts charged to us if any payment made by you is refused or dishonoured by your financial institution or like provider.
  5. Your Subscription is Personal
    Your right to access and use the Content is personal to you and must not be transferred. Your username and password are personal to you. You must take care that your username and/or password are not provided, disclosed, or otherwise transferred to anyone else.You agree that you are liable for any unauthorised use of your username and password. You agree you will not provide access to, or otherwise on-supply, some or all of the Content to anyone else.
  6. Your Use of the Content
    You will not:

    • Download or otherwise copy any material (including video, images, text, templates, or animation) from any part or all of the Content, or communicate or distribute such material without our express prior written permission, except for downloadable resources provided by us for your personal use;
    • Remove, alter, or obscure any copyright notice, trademark, or other proprietary rights notices that are placed on downloadable resources or any other part of the Content;
    • Change, modify, improve, translate, or adapt, or otherwise create any derivative work from all or any part of the Content (Derivative Content), except to complete a module or use a template as intended;
    • Commercialise (or use for any purpose other than personal use), sell, rent, lease, distribute, or otherwise transfer, assign, or distribute all or part of the Content, or any Derivative Content, by itself or within any goods or services of your own;
    • Copy, reproduce, communicate, republish, frame, submit, upload, post, distribute, transmit, sublicense, or grant any rights in all or part of the Content, or any Derivative Content;
    • Do anything inconsistent with Our Terms;
    • Use the Content for any purpose which is illegal or unlawful; or
    • Obfuscate, change, delete, or otherwise interfere with any caution, attribution or acknowledgment, warning, disclaimer, or other information whatsoever that is included in or otherwise set out in the Content.
  7. Interruptions to Access
    You agree that though we try to ensure the availability of the Content, and make sure the Content is secure, we do not represent, warrant, or guarantee the Content (and the availability of the Content) in any way. We are not responsible if theContent is unavailable at any time, whether due to:

    • Telecommunications or internet connectivity issues, interruption, or unavailability.
    • Any acts or omissions of any third party, including any third-party service ceasing for any reason.
    • Our planned or unplanned maintenance or repairs on any system used in the provision of the Content.
    • Any events beyond our control.
  8. Our Intellectual Property Rights
    You agree that all rights, including all Intellectual Property Rights in the Content, are owned and remain owned by us. You are only granted the rights by us as expressly set out under Our Terms to access and use the Content (and the Intellectual Property Rights in it), which rights are subject to the conditions of Our Terms. All downloadable resources provided by us may include a copyright notice, and you agree not to remove, alter, or obscure such notices.
  9. Your Privacy
    We collect, store, and use ‘personal information’ (as defined in the Privacy Act 1988 (Cth)) which you provide to, or is otherwise collected by us through your access to and use of the Content, as set out in our Privacy Policy.

    1. Respect Privacy and Confidentiality
      When participating in forums or community sections provided by Otuition Education Pty Ltd, you must respect the privacy and confidentiality of other members. You agree not to use, share, or disclose any personal information or content shared by other members without their express written consent. This includes, but is not limited to, names, contact details, and any sensitive information shared within the forum
  10. Goods and Services Tax
    You agree that all Fees include GST. All other taxes and charges (if any) payable by you in connection with the provision of the Content are your responsibility. We will provide you with a valid Tax Invoice.Words or expressions used which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
  11. Accuracy and Use of the Content
    We use best endeavours to ensure that the information that we provide in our Content is accurate and current. However, we cannot represent, warrant, or guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, or completeness of anything contained in the Content or on any related content. You must be aware that the source documents mentioned in the Content may change at any time and without notice.
    You agree that the Content:

    • Is for personal use and instructional purposes only.
    • Does not constitute, and is not a substitute for, professional advice from a relevant healthcare, medical, or other professional.
    • Has not been reviewed by or received any endorsement or approval from any governmental, regulatory, or professional body, including the Commonwealth Government of Australia or the National Disability Insurance Agency.
  12. Liability
    To the extent that you are a consumer within the meaning of the Australian Consumer Law in accessing and using the Content, you may have certain rights and remedies which cannot be excluded, restricted, or changed. Nothing in this clause 12 seeks to exclude, restrict, or change any implied condition or warranty, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that law or cause any condition of Our Terms to be void (“Non-excludable Condition”).Except for any Non-excludable Condition:

    • All conditions, warranties, or other terms that may be implied are expressly excluded.
    • Our liability to you arising directly or indirectly under or in connection with Our Terms and whether arising under any indemnity, statute, in tort, or on any other basis is limited such that:
      • We exclude all liability for loss of revenue, loss of goodwill, customers, capital and/or profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, use of data, anticipated savings or benefits (whether from the government or otherwise), or any indirect, consequential, or special loss, damage, cost, or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with Our Terms.
      • Our total aggregate liability under or in any way connected with Our Terms is limited to the amount of the Fee paid by you to us under Our Terms.
    • For any Non-excludable Condition, except for goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability to you for any failure to comply with such Non-excludable Condition is limited to the remedy as set out in the relevant legislation.
  13. Suspension or Cancellation of Access and Use
    1. Subscription Cancellation
      • Users may cancel their subscription by contacting our customer support team via hello@otuition.com.au.
      • Cancellation requests must be submitted in writing and include the user’s full name, account email address, and reason for cancellation.
      • Users are required to honour the full 12 month subscription commitment and will not be refunded for any unused portion of the subscription term.
    2. Processing Cancellation Requests
      • We will acknowledge receipt of your cancellation request within 5 business days.
      • We will process the cancellation and terminate your access to the Platform at the end of the subscription term or upon receiving the full 12 months of fees if you cancel partway through the term.
    3. Right to Suspend or Terminate Access
      • We reserve the right to suspend or cancel your access to the Platform immediately if you breach any of these Terms, without any refund.
      • We may also suspend or terminate your access if we suspect fraudulent activity or misuse of the Content and Platform.
    4. No Refunds
      • Except as required by law, we do not offer refunds for any payments made. This includes partial refunds for early termination of the subscription.
  14. Effect of Termination
    Upon expiration or termination of Our Terms:

    • The licence to access and use the Content automatically terminates.
    • You must stop using the Content immediately.
    • If you have any Content in your possession or control, you must, at our direction, return to us or destroy such Content.

    Termination of Our Terms is not our sole remedy and will not prejudice or release any of our rights to claim any remedy as appropriate in respect of any of your acts, omissions, breach, negligence, or wilful misconduct which may occur before Our Terms ends.

    The parties agree that clauses 7, 10, 12, and this clause 14 will survive the expiry or termination of Our Terms.

  15. Miscellaneous
    Our Terms are governed by Western Australian laws, and the parties submit to the jurisdiction of the Western Australian courts.
    All notices and invoices from us may be sent by e-mail:

    • For you: to the e-mail address specified or provided by you to us, as updated by notice.
    • For us: to the e-mail address specified on the Website.

    Such notice is deemed to be received by the addressee when the e-mail containing the notice enters the e-mail system or service of the recipient. You may not assign your rights under Our Terms without our prior written consent.

    The conditions of Our Terms, our Disclaimer, and our Privacy Policy form the entire agreement between us and you with respect to its subject matter.

    We may vary Our Terms, and our Disclaimer and Privacy Policy from time to time. Your continued access and use of the Content, following any variation, means you agree to Our Terms and our Disclaimer and Privacy Policy as amended.

  16. Definitions & Interpretation
    In this document:
    Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) as amended.Content means education, training, or professional development materials and/or courses, including content (including writing, images, audio-visual, or other content or templates) which are provided or offered by us from time to time.Disclaimer means our Disclaimer accessible on the Website, as amended.Fees in respect of the Content, means the fee, specified on the Website payable by you for the right to access and use the Content.Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world including rights in respect of or in connection with:

    • Copyright, patents, designs, trademarks, business names or company names, circuit layouts; and
    • All other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation on 14 July 1967 as amended,
    • Whether or not now existing and registered or registrable and includes any right to apply for the registration of rights and all renewals and extensions.

    Privacy Policy means our Privacy Policy accessible on the Website, as amended.

    Website means www.otuition.com.au.

    Headings are for ease of reference only and do not affect interpretation.

    A reference to a document, including Our Terms, includes a reference to that document as novated, varied, or replaced at any time.

    A reference to anything includes the whole or part of that thing, and a reference to a group of things or persons includes each thing or person in that group.

    Rules of construction will not apply to the disadvantage of a party purely because that party was responsible for the preparation of Our Terms or any part of it.