Advance English Pty Ltd, ABN 52137965765 and its related companies (“Advance English”, “us”, “we”, “our”) delivers educational English programs, courses and other resources through this website (www.aeplus.advanceenglish.com.au) (“Website”).
These terms and conditions (“Terms”) govern your use of the Website, your participation in the programs and courses, and your use of materials offered through the Website. In using the Website for these or any other purposes, you agree to be bound by these Terms. If you do not accept these Terms, you must refrain from using this Website.
These Terms, together with any operating rules, policies, pricing, or other documents expressly incorporated herein by reference, provided to you by us and/or published from time to time by Advance English on the Website (collectively, the “Agreement”), constitute the entire agreement between Advance English and you regarding our services delivered to you through the Website, and supersede all prior agreements between us regarding the subject matter of the Agreement.
If you are under 18 years of age, the agreement must be entered into by a parent or guardian. In that case, both you and your parent or legal guardian will need to ensure compliance with the Agreement. Following, “you” and “your” will then refer to both you and, where applicable, your parent(s)/legal guardian(s).
Please read these Terms carefully before signing up for our services through the Website. You accept these Terms upon enrolling into a program via the Website or otherwise by using the Website.
By accepting these Terms, you warrant that that you are of legal age and capacity.
We will provide you with the following services through the Website:
a) Advance English programs and courses, and educational content, including videos, webinars, articles, tests and other materials (“Content”); and
b) an online platform for conducting one-on-one, group based lessons (“Lessons”) with qualified educators (“Teachers”),or fully online with video lessons (“Lessons”), together, “Services”.
Your course subscriptions will commence on the date and will continue for a period specified on the Website or otherwise as agreed between us in writing (“Subscription Term”). After the expiry of the Subscription Term we may provide you with a grace period of no longer than 30 days’ to complete your course (“Grace Period”). After the expiry of the Subscription Term (and Grace Period (if any)), your access to the Services will terminate and you will forfeit any unused Fees. You are solely responsible for downloading Your Content (as defined in clause 9) prior to the expiry of the Subscription Term (and Grace Period (if any)).
- Fees & Payments
You must pay the fees for the Services (“Fees”) at the rates and in the manner specified on the Website or as otherwise agreed by us in writing.
For paid Services you agree to pay the monthly, annual, or course fee specified when you purchase a course subscription. When signing up to complete a course and you are granted one of our instalment plans, you are committing to paying all instalments under the Agreement which you have entered.
All Fees specified on the Website or otherwise quoted by us are in Australian dollars and must be paid in full in advance prior to the commencement of the course.
You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your course subscription– your authorizations in this section also apply to our payment processor and any other company who acts as a billing agent for us. You hereby authorize us to charge your specified payment method on a monthly or annual basis (as the case may be), in advance.
You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that we will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms.
We use eway as our payment gateway provider to process single and recurring payments for subscriptions to our Services. eway’s terms and conditions can be found here: www.eway.com.au.
We reserve the right, at any time, to change the Fees (or to begin charging fees for any free service), provided that such changes will not apply to Fees or charges paid or free services used prior to the time of the change.
Unless otherwise stated, all tuition fees are quoted in Australian Dollars and are exempted from GST.
- Cancellations and refunds
Refunds may be available for paid Services as described in our Refund Policy.
- Your Responsibilities
Without limiting your other obligations under these Terms, you agree:
a) to provide true, accurate, current and complete information about yourself as prompted by the sign up form and to maintain and promptly update the profile to keep it true, accurate, current and complete.
b) that you are responsible for providing and maintaining all your computer equipment, including a camera and microphone, software, the latest version of the browser and adequate internet connection necessary for you to access the Website and Lessons. You are required to run a test on your computer in order to ensure its functionality for the purposes of conducting a Lesson or otherwise receiving the Services. If you detect any technical issues, you will need to refer to Advance English’s support page www.advanceenglish.com.au and contact our support team if required;
c) to communicate with Teachers only though the Website AE Plus application;
d) notify us promptly by e-mail to firstname.lastname@example.org if you suspect unauthorised use of the Website via your profile. Until you notify us, you remain responsible for such unauthorised use;
e) not to share your login details and/or your use of the Website with anyone else. For the avoidance of doubt, parents or legal guardians of the student identified in the Website registration form can have access to the Website for the purposes of assisting such student in their use of the Website.
You agree to not use the Website to:
a) upload, post, or otherwise transmit any content that is unsolicited, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
c) intentionally or unintentionally violate any applicable law;
d) upload any copyrighted, trademarked, or proprietary materials on the Website without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
e) engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
f) impersonate any person or entity, including any of our employees or representatives;
a) use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
You agree to indemnify, defend, and hold harmless Advance English and its directors, officers, employees and agents from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, incurred by Advance English (including due to any third party claims) related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) Your Content (as defined in clause 9 below), including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
- Disclaimer of Warranties
You expressly acknowledge and agree that this Website and all associated services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Advance English expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right. You acknowledge and agree that any access to or use of the Website, or Services at your own risk.
- Limitation of Liability
Notwithstanding any other provision of these Terms or the Agreement and to the extent permitted by law, we shall not be liable (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, business, contract, goodwill, use, data or anticipated benefit or saving, any delay, financing costs or increase in operating costs or other intangible losses (even if Advance English has been advised of the possibility of such damages), resulting from the use or inability to use the Website or otherwise in connection with the Agreement. In relation to liability that cannot be excluded at law, our liability is limited (to the extent permitted by law), at our option, to the following:
a) to the supply of the affected Services again; or
b) to issue a refund of the Fees for the Services that gave rise to a claim.
- Intellectual Property Rights
All material published on the Website is subject to Australian and foreign intellectual property laws and you agree to abide by all copyright notices and other restrictions contained or otherwise implied by law within the Website, Content and this Agreement. Access to, and use of, the Website and Services is solely for personal, educational and non-commercial use and you must not modify, copy, reproduce, republish, or display any Content and represent it as your own, upload to a third party, post, transmit or distribute this content in any way except as permitted by law or expressly provided for on the Website or expressly authorised in writing by us and, where relevant, any third party owner or rights holder.
Nothing on the Website should be construed as granting any license or right of use of any trade mark, service mark or logo displayed on the Website without the express written permission of the relevant owner or rights holder in relation to the mark or logo. All trademarks, service marks, and logos used on the Website are the trademarks, service marks and logos of their respective owners.
We own all intellectual property rights in the Website and Services (including any software used therein) and all modifications thereto.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Advance English does not waive any rights to use similar or related Feedback previously known to it, developed by our employees, contractors, or obtained from other sources. You further consent to use or display by us of any Feedback or testimonials on the Website or otherwise in any promotional materials.
- Your Content
The Website enables you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("Your Content"), with us, Teachers and/or other users. You retain all intellectual property rights in, and are responsible for, Your Content you create and share. Your Content does not include the Content or other materials made available through the Website by or on behalf of Advance English or by third party content providers (“Content Providers”). As between Advance English and its Content Providers, such content is governed by the relevant agreements in place between Advance English and the Content Providers.
To the extent that you provide Your Content, you grant us a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use Your Content. This license includes granting us the right to authorize Content Providers to use Your Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights we may have to Your Content, for example under other licenses. We reserve the right to remove or modify Your Content for any reason, including if we believe that Your Content violates these Terms or other policies made available to you.
Without limiting the foregoing, following the expiry or termination of your subscription to the website we reserve the right to delete Your Content from all our systems.
- Links to other sites
Through the Website, you will have the ability to access and/or use content provided by the Teachers, other users, and/or other third parties and links to websites and services maintained by third parties. We cannot guarantee that such third party content, in the Website or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access to or use of, or inability to access or use, such third party content.
Modifying or terminating these Terms or Services
We may modify these Terms and/or the Agreement at any time. Any modification will be effective immediately upon posting by us. We will take reasonable steps to notify you of such changes. Your use of the Website or Services after the effective date of a change constitutes your continued acceptance of these Terms and the Agreement, as amended.
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, we may terminate your use of the Website or Services for any reason. If your use of a paid Service is terminated, we will provide you with pro-rata refund of all re-paid but unused (up to the date of termination) Fees. We may not be able to deliver the Services to certain regions or countries and we expressly disclaim all and any liability in this regard.
We may, in our sole and absolute discretion, for any reason and without notice:
a) withdraw or suspend your access to all or any part of the Website, Services and your account;
b) monitor your use of the Website and/or Services;
c) subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and
d) edit or remove any material that you may have uploaded, posted, emailed or otherwise transmitted to the Website.
If any provision of these Terms is determined to be invalid, all other provisions remain in force.
These Terms will be governed by the laws of New South Wales, Australia and disputes relating to them will be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.
Advance English reserves the right to cancel or postpone any course(s) prior to their scheduled commencement dates, should it be necessary. In these circumstances, if the course is postponed by Advance English for more than four weeks, and if a student is unable to enroll in a similar course at Advance English, all fees will be refunded. Refund of the fees will only be granted in accordance with the refund policy set out below.
Full Refund of Tuition Fees
Advance English has a fee refund policy for situations where special circumstances exist.
If for any reason Advance English is unable to start a course on the agreed starting date or ceases to deliver the course, a full refund of course money (which have been paid) will be refunded within 14 days from the time the course ceases to be delivered.
Advance English will make a partial refund of tuition fees in the following circumstances:
- If written notice of withdrawal is received from a candidate at least 28 days prior to the commencement of the term, 80% of the tuition fees are refundable, less any administration charge where applicable.
- If written notice of withdrawal is received from a candidate less than 28 days prior to the commencement of the term, 25% of the tuition fees are refundable less any administration charge where applicable.
No Fee Refund or Transfer
- If a student withdraws from, cancels or fails to attend a program or course after the start of teaching or registered date of the program, Advance English will not refund any of the fees paid for that program or course.
- Fees are not transferable to any other person.
Requests for Refund of Tuition Fees
A student who wishes to apply for a refund of tuition fees should do this in writing and state reasons with relevant details by email email@example.com.
Payment of Refund
All refunds for which a student is eligible will be forwarded, within 28 days to the person who paid the fees in his or her home country.
All refunds must be approved by the Registrar. Exemptions to any of the above cases may only occur where the student has extenuating or compassionate grounds as determined by the Principle Executive Officer.
This agreement, and the availability of complaints and appeals processes, does not remove the right of the student to take action under Australia’s consumer protection laws.