Effective as of: 26 October 2022
THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND GOOD EDUCATION. BY USING AND/OR ACCESSING OUR SERVICES, YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, OR HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS, AND ARE BOUND BY THESE TERMS. Should you not agree or accept these Terms, you must immediately discontinue using and accessing our Services and, if applicable, cancel your subscription.
To subscribe and maintain a subscription to use and access our Services, you acknowledge and agree:
to provide true, accurate, complete and up-to-date information on registration (Subscription Information);
to promptly update the Subscription Information if, at ant time, it is or becomes outdated, incorrect or incomplete;
comply with all reasonable requests by Good Education to verify your identity;
to not provide your login ID and password (Credentials) to any other person; and
to immediately change your Credentials if any computer, electronic device or network used to access our Services is comprised, or suspected of being compromised, by security breach.
You are responsible for all acts or omissions that occur through your subscription and accept all risks of unauthorised access to the Subscription Information and any other information you provide to Good Education.
Provided that you comply with these Terms, Good Education grants you a personal, non-exclusive, non-transferable and limited licence to use and access the Site and the Services subject to the Terms.
We reserve the right to suspend or disable your Credentials and access to your subscription at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms.
We may offer, from time to time, a free and limited subscription plan for all or any part of our Services; a description of our subscription plans is available here.
Your eligibility for, and access to, any free subscriptions is provided at our sole discretion.
Your free subscription shall commence as soon as you sign up for that free subscription.
We may change, vary, alter, limit, restrict or discontinue any functions or features available on a free subscription at any time in our sole discretion.
We may cancel, limit, restrict or discontinue a free subscription at any time in our sole discretion.
We may offer, from time to time, a new user of our Services a free and limited trial subscription. Unless otherwise specified, the trial subscription cannot be used or combined with any other offers.
Your eligibility for, and access to, any trial subscriptions is provided at our sole discretion.
Your trial subscription shall commence as soon as you sign up for that trial.
At the end of your trial subscription, your paid subscription plan shall begin, and we shall automatically charge your selected payment method at the rate stated at the time you started the trial, including any applicable taxes and transaction fees.
AT THE CONCLUSION OF YOUR TRIAL SUBSCRIPTION, YOUR PAID SUBSCRIPTION PLAN SHALL BE SUBJECT TO THE TERMS OF CLAUSE 5.
We may offer a number of paid subscription plans for all or any part of our Services; a description of our subscription plans is available here
Your subscription shall commence as soon as your order and initial payment is processed by your selected payment method.
IF YOU HAVE SELECTED A MONTHLY SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH WITHOUT NOTICE UNTIL YOU CANCEL. You shall be charged the monthly subscription fee at the then-current rate of your subscription plan, plus any applicable taxes and transaction fees.
IF YOU HAVE SELECTED AN ANNUAL PAID SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH YEAR WITHOUT NOTICE UNTIL YOU CANCEL. You shall be charged the annual subscription fee at the then-current rate of your subscription plan, plus any applicable taxes, in one lump sum and transaction fees.
All payments are processed by a third-party payment provider in compliance with PCI-DSS standards and obligations.
Unless you cancel your subscription with us before the renewal date, you authorise us to charge the subscription fee for the next monthly or annual billing cycle. We shall charge your selected payment method not more than 24 hours prior to the renewal date.
It is your responsibility to ensure that your selected payment method is valid. We will not be held responsible for any interest, overdraw charges or other fees that may result in you exceeding your credit limit or entering overdraft.
If you have not cancelled your subscription and we are unable to charge your selected payment method for your paid subscription (for reasons including, expiration of payment method, insufficient funds or otherwise), you remain responsible for any uncollected amount.
For an event described in section 5.7, we may suspend your access to the paid subscription until such time as we have successfully processed payment. You authorise us to:
attempt to charge your selected payment method again; and/or
charge any other payment method associated with your account.
This may result in a change to your paid subscription renewal date and next billing period.
We reserve the right to cancel your paid subscription if we are unable to successfully process payment.
To update your account details, subscription plan or payment method, you must log-in, go to the “Account” page and follow the instructions.
We may change our paid subscription plans and the price of our Services from time to time. Any change to the price of our paid subscription plans will be advised in writing on reasonable notice (not less than 30 days), either by in-platform notification or to the e-mail linked to your account.
You may cancel your subscription with Good Education at any time.
To cancel your subscription, you must log-in, go to the “Account” page, click on “Cancel Auto Renewal” and follow the remaining instructions.
If you cancel a free subscription, your account will automatically close and expire at the time of cancellation.
If you cancel a paid subscription, your account will automatically close and expire at the end of the current billing period.
To the fullest extent permitted by applicable law, all payments are non-refundable. We do not provide credits or refunds for any unused or partial subscription period.
Permitted Use of Site and Services
The purpose of our Site is to provide you with information about Good Education and our Services.
You may print, download and use information about Good Education and our Site and/or Services, which is made available to you on our Site or through our Services, provided:
it is solely for personal and non-commercial informational use;
you do not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame or otherwise use any information or material obtained from or through our Site, except as authorised in these Terms; and
you do not remove any copyright, trademarks and other proprietary notices.
You warrant that you will not use our Site and Services for any purposes that are unlawful, prohibited by any applicable legislation, regulation, standard or code, or otherwise are inconsistent with these Terms.
You will not systematically extract data, or attempt to extract data, provided as part of our Services to populate any databases for internal or external use.
We reserve the right to investigate and take appropriate action for any unauthorised use or access of our Site or Services in breach of these Terms.
Third Party Services
Our Site and Services may contain or provide third party data, links to third party sites or information regarding applications, products or services offered by third parties. You acknowledge that:
we are merely an information provider and not a referral service;
we do not recommend or endorse any such third-party sites, data, information, applications, products and/or services or monitor or have any control over such third-party sites, data, information, applications, products or services;
we make no guarantee, representation or warranty of any kind as to the quality, accuracy, completeness, competency, value, reliability or responsiveness of any third-party sites, data, information, applications, products or services;
we assume no responsibility or liability for any third-party links, data, information, applications products or services, or the actions or failure to act, of those third-parties;
your use or access to third-party sites, data, information, applications products or services, may be subject to separate terms and conditions, information collection practices, or other provisions as set by a thirty party;
it is your responsibility to undertake all investigations you deem necessary before relying on or proceeding with your use or access to third-party sites, data, information, applications products or services; and
your use of third-party sites, data, information, applications products or services is solely at your risk.
Use of Interactive Areas
Our Site or Services may contain discussion forums in which you or third parties may post reviews of, make recommendations for or give ratings on content, events, products, services or third-party providers, or post other content, messages, materials or other items (Interactive Areas).
If we provide Interactive Areas, you are solely responsible for you use of the Interactive Areas and your use of the Interactive Areas is at your risk.
No review, recommendation or rating in our Site or any Interactive Area shall be deemed to be an endorsement by Good Education of the particular matters subject of the review, recommendation of, if such matter is a third-party provider, a guarantee of such provider’s quality, competency, qualifications, experience, resources, character, integrity, responsiveness or other personal and professional characteristics.
We assume no responsibility or liability for content posted, stored or uploaded by you or a third party in an Interactive Area, or for any loss or damage suffered or sustained by your use or reliance on an Interactive Area.
We reserve the right, in our sole discretion, to block any submitted content.
Unless otherwise indicated, Good Education owns, or is the licensee of, all intellectual property rights comprised in or on our Site and Services. For the purposes of these Terms, “intellectual property” includes any intellectual or industrial property protected by applicable law, including any patent, invention, copyright, design (whether or not registrable), trade secret, circuit layout design or right in relation to circuit layouts, right to confidential information, technical information, processes, techniques and know-how, patterns, designs, specifications, drawings, artwork, transparencies, proofs, documents, samples, dies, tools, jigs, equipment and other materials, regardless of where in the world it is created, and includes all right to own, use and exploit intellectual property, and to apply for registration, renewal or extension of intellectual property.
Unless otherwise indicated, all materials on our Site and offered as part of our services, are protected by law, including (but not limited to) copyright and trademark law.
Unless otherwise indicated, we do not grant any express or implied rights to you in our intellectual property.
You grant us a royalty-free, non-exclusive, world-wide, perpetual, irrevocable and transferable licence to reproduce, use, modify, distribute, and incorporate into our Services (without attribution of any kind) any suggestions, enhancements, requests, improvements, recommendations, corrections or other feedback you may provide us.
You agree that you will not:
represent yourself as being the owner of, or having any interest in, our intellectual property (except for the limited licence granted to you under these Terms);
use our intellectual property in a manner that is contrary to, or conflicts with, or in any way damages our title or interest;
not use our brand name, trade name, trademark, logo or design unless expressly authorised;
not challenge or call into question in any way our right, title, interest and good will in the intellectual property;
not register or attempt to register our intellectual property;
not produce, modify, transmit, post, use, licence, distribute, scrap, imitate, reverse engineer or make a copy of our intellectual property, unless expressly authority; and
not deface, remove or observe any copyright, trademarks and other proprietary notices.
Code of Conduct
You agree that you will not:
restrict or inhibit any other person from using and enjoying the Site or Services. This includes, without limitation: (a) using, or attempting to use, another person's account without the person's permission, (b) obtaining or soliciting another person's Credentials or other personal information under false pretences, or (c) impersonating another person or otherwise misrepresenting yourself to Good Education, our affiliates, the Site's systems, or other entities.
interfere (or attempt to interfere) with the operation of the Site or Services. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site or Services, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorised to access. Unauthorised access (or attempts) may subject you to civil and/or criminal penalties;
post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information.
post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Good Education) information or material;
post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
use the Site or Services to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any material is protected by copyright, trademark or other proprietary right rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party's rights. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission;
use the Site or Services for any unlawful purpose;
modify, adapt, sublicense, translate, resell, retransmit, scrap, reverse engineer, decompile or disassemble any portion of the Site or Services;
impersonate any person or entity, or misrepresent any affiliation with another person, entity or association;
post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site or Service specifically designated for such purpose (and subject to applicable Site or Service rules); and
misuse any e-mail function available on or through the Site or Services. This includes, without limitation: (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, spam, chain letters, or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message or attempting to do so.
Compliance with applicable laws
You agree to comply with all applicable laws in your use and access to the Site and Services.
Assumption of Risk
Your use of the Site and Services is solely at your own risk and subject to all applicable laws.
Good Education uses all reasonable endeavours and safeguards to implement and provide you with access to the Site and Services, however we do not make any representations, statements, warranties or guarantees that your use and access shall be timely, secure, free from interruption (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance) or free from error.
Your use of the Site and Services may be suspended or unavailable for any reason whatsoever, including due to technical difficulties with network connection, the host provider, system failure, maintenance and repair works.
WHILE WE ENDEAVOR TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THE SITE OR THROUGHT THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHER, WE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION AVAILABLE ON THE SITE OR THROUGH OUR SERVICES AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.
YOU ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THE SITE AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED "AS IS" AND, TO THE FULL EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THE SITE OR SERVICES ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, NEITHER GOOD EDUCATION NOR ANY OF ITS AFFILIATES NOR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS OF GOOD EDUCATION OR SUCH AFFILIATES WILL IN ANY EVENT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, INTEREST, GOODWILL, REVENUE, OR PROFIT, OR ANY LOSS OR CORRUPTION OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, ANY DELAY OR INABILITY TO USE THE SITE OR SERVICES, ANY INFORMATION AVAILABLE ON THE SITE OR SERVICES, OR OTHERWISE ARISING OUT OF THE UTILISATION OF THE SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF GOOD EDUCATION GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS EXCLUSION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GOOD EDUCATION AND YOU. ACCESS TO THE SITE AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.
WHERE CLAUSE 17.1 DOES NOT APPLY, OUR MAXIMUM LIABILITY IS LIMITED TO ONE TIMES THE FEES YOU PAID TO US WITHIN THE LAST 12 MONTH PERIOD OR AUD $100 (WHICHEVER IS GREATER).
You agree to indemnify and hold Good Education, our affiliates, directors, officers, employees, contractors and agents harmless for and against any and all claims, liabilities, damages, losses and expenses (including legal gees) arising from or in any way related to:
your use of the Site and Services (including actions taken by third parties using your account);
a breach of these Terms; or
a third-party claim arising out of or in connection to your use of the Site and Services.
Nothing in these terms expressly, implicitly or otherwise, constitutes an employment relationship, partnership or joint venture.
These Terms, together with the documents and URL terms referred to in these Terms, contain the entire understanding between you and Good Education containing the subject matter of the Terms and, unless otherwise specified, supersedes, terminates and replaces all prior agreements and communications.
If any provision of these Terms is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions of these Terms.
We may assign, delegate or transfer our rights and obligations under these Terms to any other person.
You may not assign, delegate or transfer your rights and obligations under these Terms to any other person, except with our prior written consent.
A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party under these Terms does not operate as a waiver of the power or right.
A single or partial exercise of the power or right does not preclude a further exercise of it or the exercise of any other power or right under these Terms.
A waiver of a breach does not operate as a waiver of any other breach
These Terms are governed by and are to be constructed in accordance with the laws of Victoria, Australia.