WEBSITE TERMS AND CONDITIONS OF USE
1.
About the Website
(a)
Welcome to avantiedu.com (the ‘Website’). The Website Education advisory (the
‘Services’).
(b)
The Website is operated by AVANTI EDUCATION AND MIGRATION PTY LTD(ABN 92
653 536 540). Access to and use of the Website, or any of its associated Products or
Services, is provided by AVANTI EDUCATION AND MIGRATION PTY LTD. Please read
these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the
Website, this signifies that you have read, understood and agree to be bound by the
Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of
Services, immediately.
(c)
AVANTI EDUCATION AND MIGRATION PTY LTD reserves the right to review and change
any of the Terms by updating this page at its sole discretion. When AVANTI EDUCATION
AND MIGRATION PTY LTD updates the Terms, it will use reasonable endeavours to
provide you with notice of updates to the Terms. Any changes to the Terms take immediate
effect from the date of their publication. Before you continue, we recommend you keep a
copy of the Terms for your records.
2.
Acceptance of the Terms
(a)
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
AVANTI EDUCATION AND MIGRATION PTY LTD in the user interface.
3.
Registration to use the Services
(a)
In order to access the Services, you must first register for an account through the Website
(the ‘Account’).
(b)
As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including:
(c)
(i) Email address
(ii) Mailing address
(iii) Telephone number
You warrant that any information you give to AVANTI EDUCATION AND MIGRATION PTY
LTD in the course of completing the registration process will always be accurate, correct
and up to date.
(d)
Once you have completed the registration process, you will be a registered member of the
Website (‘Member’) and agree to be bound by the Terms.(e)
You may not use the Services and may not accept the Terms if:
(i)
you are not of legal age to form a binding contract with AVANTI EDUCATION AND
MIGRATION PTY LTD; or
(ii)
you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you
use the Services.
4.
Your obligations as a Member
(a)
As a Member, you agree to comply with the following:
(i)
you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines
in the relevant jurisdictions;
(ii)
you have the sole responsibility for protecting the confidentiality of your password
and/or email address. Use of your password by any other person may result in the
immediate cancellation of the Services;
(iii)
any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify AVANTI EDUCATION AND
MIGRATION PTY LTD of any unauthorised use of your password or email address
or any breach of security of which you have become aware;
(iv)
access and use of the Website is limited, non-transferable and allows for the sole
use of the Website by you for the purposes of AVANTI EDUCATION AND
MIGRATION PTY LTD providing the Services;
(v)
you will not use the Services or the Website in connection with any commercial
endeavours except those that are specifically endorsed or approved by the
management of AVANTI EDUCATION AND MIGRATION PTY LTD;
(vi)
you will not use the Services or Website for any illegal and/or unauthorised use
which includes collecting email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorised framing of or linking to
the Website;
(vii)
you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Services. Appropriate legal action will be taken by AVANTI
EDUCATION AND MIGRATION PTY LTD for any illegal or unauthorised use of the
Website; and
(viii)
you acknowledge and agree that any automated use of the Website or its Services
is prohibited.
5.
Payment(a)
Where the option is given to you, you may make payment for the Services (the ‘ Services
Fee’) by way of:
(b)
(i) Electronic funds transfer (‘EFT’) into our nominated bank account
(ii) Credit Card Payment (‘Credit Card’)
(iii) Cash (‘Cash’)
All payments made in the course of your use of the Services are made using Stripe. In
using the Website, the Services or when making any payment in relation to your use of the
Services, you warrant that you have read, understood and agree to be bound by the Stripe
terms and conditions which are available on their website.
(c)
You acknowledge and agree that where a request for the payment of the Services Fee is
returned or denied, for whatever reason, by your financial institution or is unpaid by you for
any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Services Fee.
(d)
You agree and acknowledge that AVANTI EDUCATION AND MIGRATION PTY LTD can
vary the Services Fee at any time.
6.
Refund Policy
AVANTI EDUCATION AND MIGRATION PTY LTD will only provide you with a refund of the
Services Fee in the event they are unable to continue to provide the Services or if the manager of
AVANTI EDUCATION AND MIGRATION PTY LTD makes a decision, at its absolute discretion,
that it is reasonable to do so under the circumstances (the ‘Refund’).
7.
Copyright and Intellectual Property
(a)
The Website, the Services and all of the related products of AVANTI EDUCATION AND
MIGRATION PTY LTD are subject to copyright. The material on the Website is protected
by copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video images,
audio clips, Website, code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and are reserved by AVANTI
EDUCATION AND MIGRATION PTY LTD or its contributors.
(b)
All trademarks, service marks and trade names are owned, registered and/or licensed by
AVANTI EDUCATION AND MIGRATION PTY LTD, who grants to you a worldwide, non-
exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your
device’s cache memory; and
(iii)
print pages from the Website for your own personal and non-commercial use.AVANTI EDUCATION AND MIGRATION PTY LTD does not grant you any other rights
whatsoever in relation to the Website or the Services. All other rights are expressly
reserved by AVANTI EDUCATION AND MIGRATION PTY LTD.
(c)
AVANTI EDUCATION AND MIGRATION PTY LTD retains all rights, title and interest in and
to the Website and all related Services. Nothing you do on or in relation to the Website will
transfer any:
(i)
business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
(ii)
a right to use or exploit a business name, trading name, domain name, trade mark
or industrial design, or
(iii)
a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d)
You may not, without the prior written permission of AVANTI EDUCATION AND
MIGRATION PTY LTD and the permission of any other relevant rights owners: broadcast,
republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the Services or third party Services for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the Website,
which are freely available for re-use or are in the public domain.
8.
Privacy
(a)
AVANTI EDUCATION AND MIGRATION PTY LTD takes your privacy seriously and any
information provided through your use of the Website and/or Services are subject to
AVANTI EDUCATION AND MIGRATION PTY LTD’s Privacy Policy, which is available on
the Website.
9.
General Disclaimer
(a)
Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
(b)
Subject to this clause, and to the extent permitted by law:
(i)
all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(ii)
AVANTI EDUCATION AND MIGRATION PTY LTD will not be liable for any special,
indirect or consequential loss or damage (unless such loss or damage is
reasonably foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a result of not being ableto use the Services or the late supply of the Services), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
(c)
Use of the Website and the Services is at your own risk. Everything on the Website and
the Services is provided to you “as is” and “as available” without warranty or condition of
any kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of AVANTI EDUCATION AND MIGRATION PTY LTD make any express or
implied representation or warranty about the Services or any products or Services
(including the products or Services of AVANTI EDUCATION AND MIGRATION PTY LTD)
referred to on the Website, includes (but is not restricted to) loss or damage you might
suffer as a result of any of the following:
(i)
failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(ii)
the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material and
advertisements on the Website);
(iii)
costs incurred as a result of you using the Website, the Services or any of the
products of AVANTI EDUCATION AND MIGRATION PTY LTD; and
(iv)
the Services or operation in respect to links which are provided for your
convenience.
- Limitation of liability
(a)
AVANTI EDUCATION AND MIGRATION PTY LTD’s total liability arising out of or in
connection with the Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed the
resupply of the Services to you.
(b)
You expressly understand and agree that AVANTI EDUCATION AND MIGRATION PTY
LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you
for any direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you, however caused and under any theory of liability. This shall include,
but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss. - Termination of Contract
(a)
The Terms will continue to apply until terminated by either you or by AVANTI EDUCATION
AND MIGRATION PTY LTD as set out below.
(b)
If you want to terminate the Terms, you may do so by:(i)
providing AVANTI EDUCATION AND MIGRATION PTY LTD with 14 days’ notice of
your intention to terminate; and
(ii)
closing your accounts for all of the services which you use, where AVANTI
EDUCATION AND MIGRATION PTY LTD has made this option available to you.
Your notice should be sent, in writing, to AVANTI EDUCATION AND MIGRATION PTY LTD
via the ‘Contact Us’ link on our homepage.
(c)
AVANTI EDUCATION AND MIGRATION PTY LTD may at any time, terminate the Terms
with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) AVANTI EDUCATION AND MIGRATION PTY LTD is required to do so by law;
(iii) the provision of the Services to you by AVANTI EDUCATION AND MIGRATION
PTY LTD is, in the opinion of AVANTI EDUCATION AND MIGRATION PTY LTD, no
longer commercially viable.
(d)
Subject to local applicable laws, AVANTI EDUCATION AND MIGRATION PTY LTD
reserves the right to discontinue or cancel your membership at any time and may suspend
or deny, in its sole discretion, your access to all or any portion of the Website or the
Services without notice if you breach any provision of the Terms or any applicable law or if
your conduct impacts AVANTI EDUCATION AND MIGRATION PTY LTD’s name or
reputation or violates the rights of those of another party. - Indemnity
(a)
You agree to indemnify AVANTI EDUCATION AND MIGRATION PTY LTD, its affiliates,
employees, agents, contributors, third party content providers and licensors from and
against:
(i)
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or
in connection with Your Content;
(ii)
any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so; and/or
(iii)
any breach of the Terms. - Dispute Resolution
(a)
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
(b)
Notice:A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
(c)
Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’)
must:
(i)
Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(ii)
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the
Australian Mediation Association or his or her nominee;
(iii)
The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the foregoing
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their own costs associated with
the mediation;
(iv)
(d)
The mediation will be held in Brisbane, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as “without prejudice” negotiations for the purpose of applicable laws of
evidence.
(e)
Termination of Mediation:
If 6 months have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
mediator must do so. - Venue and Jurisdiction
(a)
The Services offered by AVANTI EDUCATION AND MIGRATION PTY LTD is intended to
be viewed by residents of Australia. In the event of any dispute arising out of or in relation
to the Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of Queensland, Australia. - Governing Law(a)
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under and
pursuant to the laws of Queensland, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is not
contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns. - Independent Legal Advice
(a)
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade. - Severance
(a)
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.Approved by
Signature:
Full Name:
Date: