The website (www.s2pconnect.com) is owned and operated by S2P Connect Pty Ltd, its successors and assignees (herein referred to as “Company”). These terms and conditions (herein referred to as “Terms”) govern the person or that person’s parent or guardian that uses, engages or otherwise pays for the Company’s services and/or uses the Company’s website (herein referred to as “User(s)”).
The User by accessing the website or using the Company’s services agree to and are bound by the Terms set out below.
1. Disclaimer: The Company strives to maintain information stored on this site up to date, but does not guarantee or warrant the accuracy, reliability or currency of the information. Any errors in the information that are brought to our attention will be corrected as soon as possible. The Company reserves the right to change at any time without notice any information stored on this site. This includes information about courses or units of study offered by the Company.
2. Your warranties:The User warrants to the Company that the User has the legal capacity to enter into these Terms and form a contract, and that the User has read and understood these Terms, before using the site or engaging in any service delivered by the Company.
3. User Behaviour Code: By entering into the Terms with the Company, the Users warrant to the Company that they are bound by the following User Behaviour Code whilst using this website or using the Company’s services in general:
- All Users of the company services agree to the following:
- Be courteous and respectful to other users and staff members of the Company;
- Never engage in any illegal or criminal activity while using the Company’s services;
- Never threaten, intimidate or harass other Users and staff members of the company;
- Never damage property of other users, the company, or the premises in which the service is being held.
- In the event that a User is deemed by the Company to have committed an act that is in breach of the User Behaviour Code referred to in this clause 3, the Company reserves the right to:
- immediately terminate its services to the User in breach at any time and without notice to the User; and
- provide a refund of the fees for the service/s which have not been provided but paid for on a pro rata basis
4. Release of Liability
4.1 The User hereby acknowledge and agree to the following, as a condition of engaging or using the Company’s services:
- The User’s involvement and/or participation in the Company’s services is voluntary, and is acting under the User’s own free will
- The User does not have any medical ailments, physical limitations, or mental disabilities that will affect its ability to participate in the services provided by the Company.
- The Company undertakes no direct legal or financial responsibility for the User’s personal safety or well being when participating in any activities provided by the Company as part of its services.
- The User releases the Company from any and all claims and causes of action that the User or the User’s representatives may have at present or may have in the future for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profit earnings, or lost opportunities, arising out of or in any way connected with the use or performance of the Company’s services whether based on contract, tort, negligence, strict liability or otherwise, even if the Company has been advised of the possibility of damages.
- In the event that any one or more of the provisions of this agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law according to the jurisdiction of the Australian law and/or the law of New South Wales, the remaining portions will not be invalidated, and shall remain in full force and effect.
5. Fees, Refunds and Remedies
5.1 The Company will issue an invoice to the User depending on the type/level of services provided by the Company. The amount payable on future invoices may be subject to review.
5.2 The amount payable on the invoice must be paid as per payment terms, or no service will be provided.
5.3 The Company is not required to provide refund, make-up session at an alternative time, nor a credit to future invoices to the User for its services in the following circumstances:
- Where the User forgoes any service provided by the Company
5.4 The Company will provide a make-up session at an alternative time or a credit to future invoices to the User if the Company is unable to deliver the session at the agreed time.
5.5 The Company will apply a $100 late fee per student from the day after the due date stipulated on the invoice provided for all outstanding invoices yet to be paid.
6. Copyright and intellectual property rights:The Company owns the copyright of the information provided on this site, unless stated otherwise.
Information and material on this site is subject to copyright under Australian law and through international treaties, applicable law in other countries.
Apart from these specified uses information and material from this site may not be reproduced for commercial purposes without prior written permission from the Company.
Any documents created and owned by the Company (including Google docs) will be erased immediately upon learning that the User will no longer be an enrolled student.
7. Privacy:Personal information collected by the Company is governed in accordance with the Privacy and Personal Information Protection Act 1998.
Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.
8. Third party information:The site may contain third party information, including but not limited to the User comments, guest articles and advertisements (Third Party Information). The Company does not own, control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. The User is advised to make its own investigations in respect to the suitability of Third Party Information for you.
9. Delays and outages:The Company is not responsible for any delays or interruptions to the site. The Company cannot warrant that the site will be available at all times or at any given time. The Company may at any time and without notice to you, discontinue the Site in whole or in part. The Company is not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
10. Limitation of liability:To the extent permitted by law, The Company excludes all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
11. Indemnity: The User agrees to defend and fully indemnify and hold the Company (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
- The User’s use of or access to the Site;
- any breach by the User of these Terms; or
- any wilful, unlawful or negligent act or omission by the User. This defence and indemnification obligation will survive these Terms and the User’s use of the Site.
12. Breach:You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
13. Exclusion of competitors:The User is prohibited from using the site, including the Information, in any way that competes with the Company’s business. If the User breaches this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non- permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
14. Enforceability:If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
15. Termination:These Terms are effective until terminated by the Company, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
16. Jurisdiction: Use of the site and the provision of services by the Company or any of its related entities is governed by and subject to Australian law. It is a condition of your use of the site that the User submit to this jurisdiction.
