ReviseOnline Pty Ltd

ACN 605 449 134

 

Terms and Conditions

 

BACKGROUND

 

  1. ReviseOnline is the owner of the Website from which it offers course materials to students completing their year 11 and 12 high school exams.
  2. ReviseOnline agrees to grant the Member access to the Website subject to these Terms.
  3. The Member agrees to the use of the Website in accordance with these Terms.

1. Definitions

 

“Australian Privacy Principles” means the Australian Privacy Principles set out in the Privacy Act 1988;   

 

“Confidential Information” means information which relates directly or indirectly to the business, operations or affairs of the business of ReviseOnline and which ReviseOnline, acting reasonably, advises the Member it regards as confidential, whether the information is in oral, visual or written form or is recorded in any other medium and includes the Course Materials, all information contained on the Website, the existence of these Terms and Conditions and any other information whatsoever supplied by ReviseOnline to the Member and any other records, documents, plans, formulae, specifications, Intellectual Property, devices, methods, price information, and papers of every description including all copies or extracts from the same relating to the affairs or the business of ReviseOnline or any subsidiary of a party which from time to time is made available or becomes known or comes into the possession of the Member;

 

“Course Materials” means all reference materials, study guides and other information provided by ReviseOnline;

 

“Intellectual Property” means copyright, patents, trademarks, (registered or not), designs, design rights, trade secrets, logos including but not limited to all other proprietary technical information;

 

“Member” means a person who purchases a subscription to Course Materials on the Website;

 

“ReviseOnline” means ReviseOnline Pty Ltd ACN: 605 449 134; 

 

“Subscription Fee” means all fees and charges payable by a Member to ReviseOnline to access Course Materials; 

 

“Terms” means these terms and conditions as supplemented, varied or amended from time to time; and

 

“Website” means www.atarprep.reviseonline.com 

 

 

2. Price and Payment & Terms of Purchase 

 

2.1    Price and Payments

 

  1. All prices quoted on the Website are quoted in Australian Dollars ("AUD") and are inclusive of GST.
  2. All payments to be made to ReviseOnline must be in Australian Dollars (AUD) and must be inclusive of GST.
  3. Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the Website or ReviseOnline content will be delayed until correct payment is made.
  4. All prices quoted on the Website are subject to change without notice. The Member should confirm the price of a product or service before placing an order for it.

2.2    Terms of Purchase:

 

  1. ReviseOnline may charge the Member’s credit/debit card with the Subscription Fee at any time after their card details have been entered on the website.
  2. ReviseOnline accepts Visa, MasterCard.
  3. By choosing to proceed with the financial transaction the Member agrees not to hold ReviseOnline responsible or liable for any loss, damage or fraud which the Member could incur as a result of the transaction.  
  4. ReviseOnline is not responsible for any Foreign Transaction Fees (if you are using an international credit card) or any other additional fees charged by your bank.
  5. ReviseOnline does not accept Money Orders, Cash or Cheque payments, except for school bulk orders and only by prior arrangement.
  6. Members can review their payment history and the courses they have paid for in the "Your Account" section of the website.
  7. Tax invoices for the payment of the Subscription Fees can be created and sent to you on request. 
  8. ReviseOnline does not offer refunds under any circumstances. 

 

3.       Term of Access

 

  1. Unless otherwise specified in this clause 3, a Member will have access to the Course Materials until midnight 31 December in the calendar year in which they paid the Subscription Fee or for a maximum period not exceeding fifteen (15) months, which may apply to selected school groups, based on the commencement date of the course.
  2. For Members who are matriculating students, they will have access to the Course Materials until the day after the final end of year written examination has taken place in the same calendar year as their payment of the Subscription Fee.
  3. The Member agrees and understands that ReviseOnline may prevent or restrict access to the Website or the Course Materials for any technical, security and or any other reasons at its absolute discretion.
  4. ReviseOnline will advise the Member as soon as practicable of any restrictions imposed on access to the Website or the Course Materials.

 

4.       Intellectual Property Rights

 

  1. ReviseOnline retains the copyright in the Website and the Course Materials. ReviseOnline also reserves all present and future moral rights in all Intellectual Property in the Course Materials, the information on the Website and in any other information or services provided by ReviseOnline. The Course Materials and information on the Website must not be given, reproduced or disseminated, to any person, public authority, institution or organisation without the express prior written permission of a duly authorised representative of ReviseOnline. 
  2. The Member shall treat all Confidential Information disclosed by ReviseOnline as confidential, and shall not disclose to any party or make known in any manner any part of the Confidential Information without ReviseOnline’s prior written consent.
  3. The Member shall not for any third party appropriate, copy, memorise or in any other manner reproduce any of the Confidential Information without the prior written consent of ReviseOnline.
  4. The Member agrees that it will forever observe the obligations of confidence set out in this clause unless released from such obligation in writing by ReviseOnline.
  5. The Member agrees that the obligations provided for in this clause will continue to survive from the date the Member accepts these Terms.
  6. The parties agree that the undertaking of confidentiality does not apply to Confidential Information which is or becomes available to the public other than as a result of a breach of this clause.

5.       Member’s Warranties and Acknowledgments

 

  1. The Member warrants, acknowledges and agrees that:
  1. it will abide by ReviseOnline’s Conduct Policy contained at paragraph 10 of these Terms; 
  2. use of the Course Materials and the Website is at the Member’s own risk; 
  3. there is no guarantee that the Course Materials will achieve the purpose required by the Member; 
  4. it will not share the Course Materials with any third party; 
  5. it will not share its username or password or grant access to any third party to the Website; 
  6. it will not excessively download, print, save or forward content, videos, pictures, recipes from the Website or ReviseOnline’s social media pages; 
  7. ReviseOnline may monitor the Member’s use and access of the Website and if it considers unreasonable access or abnormal activity is occurring, including whether there is excess downloading or multiple accesses from different locations, the Member’s access may be suspended or cancelled at the sole discretion of ReviseOnline;
  8.  the Course Materials and information provided on the Website is provided as general information only and is not  intended to be professional advice; 
  9. prior to entering into a transaction or taking any particular course of action in connection with the Website or the Course Materials, the Member will make their own enquiries and seek independent advice tailored to your specific circumstances and objectives;
  10. all material and information on the Website is provided in good faith and is believed to be accurate and current as at the date of publication. However, ReviseOnline provides no warranty or guarantee that any material or information on the Website or linked websites will be accurate or complete.
  11. ReviseOnline makes no guarantee as to the usefulness of the Course Material and information on the Website, nor any of the products and services promoted on it or via linked websites. In particular, ReviseOnline makes no guarantee as to the appropriateness of the courses selected by the Member and no guarantee as to the likelihood of results which may be gained by virtue of any training undertaken.

         ii.   The Member acknowledges that ReviseOnline is not responsible or liable in any way whatsoever for:

  1. any incorrect, outdated or incomplete information or advice contained in the Course Materials and on the Website; 
  2. any financial loss occurring from the use of the Website, the Course Materials or from any information or advice which is provided to the Members via email or any other form of contact;
  3. any delay in providing the Course Materials to the Member or responding to a query from the Member;
  4. any virus, spam, contamination, damage or loss as a direct or indirect consequence from the use of the Website or  email, Facebook, YouTube,  Twitter, LinkedIn, or any other social media contact with ReviseOnline;
  5. any difficulty the Member has in viewing videos or other information on the Website;    
  6. any disruption to the Member’s ability to access the Website, where that inability is due to problems beyond ReviseOnline control or planned maintenance;
  7. the accuracy or reliability of content provided on or within third party websites, whether or not that third party website was recommended by ReviseOnline; 
  8. any information or material, services, advice provided or supplied by any third-party website or link thereto, including personal data or payments or refunds. Members accept and take full responsibility for any personal loss or damages arising from any linked or third-party website accessed by them;
  9. the Member’s personal information being misused or becoming insecure as a result of ReviseOnline’s computer system or database being hacked or compromised; and 
  10. the actions of the Member, including if they misread or misunderstand information, erroneously or otherwise act on information or fail to comply with clause 5(a) above.

6.       No Warranties and Limitation of Liability 

  1. Notwithstanding anything contained herein the Member acknowledges that no representation, warranty or condition, express or implied, is given by ReviseOnline and its employees, agents or servants about the Website or the Course Materials or that the Website or the Course Materials provided comply with the rules, regulations, laws and legislation of the place where the Member is located and ReviseOnline and its employees, agents or servants will not be liable under any circumstance for any claims, losses or damages of any kind whatsoever (including but not limited to any indirect, special or consequential damage or injury to any person, corporation or other entity) by reason of or arising out of the Website and the Course Materials and such Website and Course Materials not complying with such rules, regulations, laws and legislation or by reason of or arising out of any inaccuracy, error or omission in the Website or the Course Materials and any other information provided by or to ReviseOnline.
  2. Where the Australian Consumer Law and other laws imply conditions or warranties in certain contracts and also give parties to those contracts certain other rights against suppliers of services, to the extent that it is not lawful or possible to exclude them, then such conditions, warranties or other rights shall (but only to the extent required by law) apply to these terms and conditions and all other conditions, warranties or rights which might but for this provision be implied are hereby expressly excluded. Where the law implies any term or warranty into these Terms which cannot be excluded, then the liability of ReviseOnline for any breach of such term will be limited to the amount of the Subscription Fee paid by the Member.

7.       Indemnity and Release 

 

  1. The Member hereby indemnifies and holds harmless and shall continue to indemnify and hold harmless ReviseOnline against all liabilities, actions, demands, claims, suits, causes of action, proceedings, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by ReviseOnline by reason of, arising out of or referable to any breach or non-performance by the Member of any provision of these Terms and on the part of the Member to be observed and/or performed.
  2. The Member hereby releases and holds harmless ReviseOnline and its employees, agents or servants from and against any and all liabilities, actions, claims, suits, causes of action and demands whatsoever that the Member may now or in the future have against ReviseOnline and its employees, agents or servants arising out of or in connection with the Member’s use of the Website or the Course Materials and this release may be pleaded as an absolute bar to any such claim against ReviseOnline and its employees, agents or servants.

8.       General

  1. ReviseOnline may vary these Terms at any time. In the event that ReviseOnline varies these Terms, it will provide notice by publishing the varied Terms on the Website. By doing this, ReviseOnline has provided the Member with sufficient notice of the variation.
  2. If any part of these Terms is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable. None of these Terms will merge in or upon the execution of this or any other agreement, document, act, matter or thing and will continue to remain in full force and effect for so long as is necessary to give effect to these Terms.
  3. The use of the Website is governed by, construed and enforced in accordance with the laws of Western Australia, Australia and the user irrevocably submits to the  jurisdiction of the courts of Western Australia, Australia and their respective courts of appeal in that regard.
  4. The Member may not assign these Terms or any of its rights and obligations in whole or in part in these Terms, whether by actual assignment or by operation of law or by providing any information on the Website to any third party without ReviseOnline’s prior written consent, unless otherwise agreed to in writing between the parties.
  5. A provision of these Terms may not be waived except in writing and signed by an authorised officer of ReviseOnline. No waiver or breach of any provision of these Terms shall constitute a waiver or breach of any other provision.
  6. If these Terms are inconsistent with any other previous document or agreement between the parties, these Terms will prevail to the extent of the inconsistency.

10. Conduct Policy

 

By using the Website, you agree to ReviseOnline's Conduct Policy below which forms part of the Terms.

 

The Member agrees not to:

 

  1. use the Website in breach of any applicable laws or regulations; 
  2. use the Website (or material obtained from the website):
  1. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
  2. to impersonate any person or entity;
  3. to solicit money, passwords or personal information from any person;
  4. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  5. for any unlawful purposes; 

         c.  use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:

  1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  2. contains, promotes, or provides information about unlawful activities or conduct;
  3. is, or could reasonably be expected to be defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  4. exploits another person in any manner;
  5. contains nudity, excessive violence, or sexual acts or references; 
  6. includes an image or personal information of another person or persons unless you have their consent;
  7. poses or creates a privacy or security risk to any person;
  8. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; 
  9. contains large amounts of untargeted, unwanted or repetitive content;
  10. contains restricted or password only access pages, or hidden content;
  11. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  12. advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  13. contains financial, legal, medical or other professional advice;

 

          d.  interfere with, disrupt, or create an undue burden on ReviseOnline;

          e.  use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of ReviseOnline or the Website;

          f.  use the Website with the assistance of any automated scripting tool or software;

          g. frame or mirror any part of the Website without our prior written authorisation;

          h. use code or other devices containing any reference to the Website to direct other persons to any other web page;

          i.  except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;

          j.  delete any attributions or legal or proprietary notices on the Website.