Introduction

Welcome to the online course and community platform (the ‘Platform’) for high school students in Western Australia enrolled in English ATAR. Saint’s Coaching (the ‘Business’) owns and operates the Platform. The Platform is designed to provide students with access to high-quality educational resources and a supportive community of peers and educators. By accessing and using the Platform, you agree to be bound by the terms and conditions outlined in this document (the ‘Terms of Use’) and any additional guidelines or rules that may be posted on the Platform from time to time. If you do not agree to these Terms of Use, you may not access or use the Platform.

Eligibility

The Platform is intended for use by high school students in Western Australia who are enrolled in English ATAR. If you are under the age of 18, you must have the consent of your parent or guardian before using the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements. You may not access or use the Platform if you do not meet these requirements.

Platform Use

The Platform provides access to an online course (the ‘Course’) and a community forum for students enrolled in English ATAR. You may use the Platform for the purposes of learning and participating in discussions with other students.

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform. You are responsible for obtaining and maintaining all equipment and services needed to access and use the Platform and for paying all charges related to such access and use.

By accessing and using the Platform, you agree to receive notifications and updates related to the Course and community.

Fees and Payments

Access to the Platform may require payment of a fee. Fees are non-refundable, subject to the conditions stipulated in the Refund and Returns Policy. The Business reserves the right to change its fees at any time, but changes will not affect fees for the Course that have already been paid.

Account Registration and Use

To access certain features of the Platform, you may be required to register for an account.

When registering for an account, you must provide certain information about yourself, such as your name, email address, and password. You must provide accurate and complete information when creating your account.

You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. You must not share your login information with anyone else. You must notify the Business immediately of any unauthorized use of your account or password or any other security breach.

Content of the Platform

The Platform may contain content and materials, including but not limited to text, images, audio, graphics, logos, button icons, and/or video material (the ‘Content’). The Content is provided for informational and educational purposes only and is not intended to be a substitute for professional advice, diagnosis, or treatment. You should always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition.

User Content

You are responsible for any content you post, upload, or otherwise make available on the Platform (‘User Content’). You represent and warrant that you have all rights necessary to upload, post, or otherwise make available any User Content that you submit to the Platform. By posting, uploading or otherwise making available any User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit in any manner throughout the world in any media.

Prohibited Activities

You are prohibited from engaging in any of the following activities on the Platform:

• Uploading, posting, or otherwise making available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Using the Platform to cheat on any assignments or assessments;
• Intentionally or unintentionally violating any applicable local, state, national or international law, including but not limited to regulations promulgated by the Australian Securities and Investments Commission or the Australian Communications and Media Authority;
• Using the Platform to engage in any commercial activities, including, but not limited to, advertising or offering to sell any goods or services;
• Using the Platform to upload, post, email, or otherwise transmit any content that contains viruses, Trojan horses, worms, time bombs, or any other similar software or programs that may damage the operation of another’s computer or property;
• Using the Platform to upload, post, email, or otherwise transmit any User Content that solicits passwords or personal identifying information for commercial or unlawful purposes;
• Attempting to interfere with or compromise the normal functioning of the Platform;
• Attempting to gain unauthorized access to the Platform or any systems or networks associated with the Platform;
• Disobeying any requirements, procedures, policies or regulations of networks connected to the Platform;
• Attempting to impersonate any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Using any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
• Attempting to take any action that imposes an unreasonable or disproportionately large load on the Platform or its infrastructure;
• Attempting to interfere with or disrupt the integrity or performance of the Platform or any data contained therein;
• Reproducing, duplicating, copying, selling, reselling, plagiarising or exploiting any portion of the Platform without the Business’ express written consent;
• Attempting to collect or harvest any personally identifiable information, including account names; or
• Attempting to interfere with any other party’s use and enjoyment of the Platform.

Modification of the Platform

The Business reserves the right, in its sole discretion, to modify, change, suspend or discontinue the Platform (including, without limitation, the availability of any feature, database, the Content, User Content or any other content) at any time without notice to you. The Business is not liable to you or any third party for any such modification, change, suspension or discontinuation.

Intellectual Property

The Platform and the Content are the property of the Business or its licensors and are protected by Australian and international copyright and trademark laws and other intellectual property rights.

You acknowledge that these rights are valid and protected in all media existing now or later developed.

You may use the Platform and the Content solely for personal and non-commercial purposes.

You may not reproduce, modify, distribute, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use (except as explicitly authorized in these Terms of Use) the Content on the Platform without the Business’ or its licensors’ express prior written consent.

Disclaimer of Warranties

The Platform is provided on an ‘as is’ and ‘as available’ basis. The Business makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose as to the operation of the Platform or the information, the Content, or products included on the Platform. The Business does not warrant that the Platform will be available at all times or that it will be free from errors, interruptions or viruses. The Business will not be liable for any such errors, interruptions or viruses.

The Business makes no guarantees about the accuracy, completeness, or reliability of any information on the Platform. The Business is not responsible for any errors or omissions in any content whatsoever on the Platform. The Business does not endorse any opinions or statements made by users on the Platform.

You expressly agree that your use of the Platform is at your sole risk.

Limitation of Liability

In no event shall the Business be liable for any damages whatsoever (including, without limitation, damages for loss of data or profit or due to business interruption), including but not limited to direct, indirect, special, incidental, punitive or consequential damages, arising out of or in connection with the use or inability to use the Platform.

Indemnification

You agree to indemnify and hold the Business and its affiliates, officers, agents, and employees harmless from any action, claim or demand, including but not limited to reasonable legal and accounting fees, made by any third party due to or arising out of your use of the Platform, your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Termination of Access and Removal of Content

The Business reserves the right to terminate your access to the Platform at any time without notice to you. The Business will not be liable to you or any third party for any such termination.

The Business reserves the right to remove any content whatsoever (including, without limitation, User Content) on the Platform at any time without notice to you. The Business will not be liable to you or any third party for any such removal.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Western Australia without giving effect to any principles of conflicts of law.

Any disputes arising under or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Western Australia.

Changes to Terms of Use

The Business reserves the right, in its sole discretion, to modify, replace, change or otherwise alter any of these Terms of Use at any time without notice. Your continued use of the Platform following any changes to these Terms of Use constitutes your acceptance of the new terms.

Contact Us

If you have any questions or concerns about these Terms of Use, please contact the Business at learn@saintscoaching.com.au.