Zhang's HSC Coaching: Terms and Conditions
ABN: 71 644 798 694
Updated August 2024
Zhang & Wu Education (referred to
hereafter as We, Our or Us) owns and operates this website, along with related
application programming interfaces, mobile applications and online services
(Platform). The Platform contains specific information relating to the products
and services that We offer (Services), as well as related documentation that
can be viewed or downloaded.
Access to and use of the Platform and the
Services (including all information and data which Users may access or download
through their use of the Platform or the Services) are subject to the following
terms, conditions, and notices (Terms of Use).
Visitors and users of the Platform and/or
the Services are referred to individually as “User” and collectively as
“Users.”
By using the Platform and/or the Services,
each User agrees to accept and be bound by all of the Terms of Use, as they may
be amended by Us from time to time. It is the User's responsibility to
regularly check this page for any changes We may have made to the Terms of Use.
If at any time a User does not wish to continue to be bound by the Terms of
Use, the User must immediately cease using the Platform and the Services.
IF A USER IS A PARENT OR LEGAL GUARDIAN WHO
PROVIDES CONSENT FOR HIS/HER CHILD TO REGISTER WITH THE PLATFORM AND/OR USE OUR
SERVICES, SUCH USER AGREES TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF
HIS/HER CHILD’S USE OF THE PLATFORM AND THE SERVICES.
1. Amendments to Terms of Use
1.1 We reserve the right, at Our sole
discretion, to change, modify, add, or remove any or all of these Terms of Use
at any time, with or without notice. Any amendments will become effective and
binding immediately upon being posted on this website.
2. Platform
2.1 The User's access to and use of the
Platform is permitted on a temporary basis. We reserve the right to withdraw
the Platform, change its functionalities or content, or limit or restrict a
User’s access or use at any time, without notice. We will not be liable if, for
any reason, the Platform is unavailable at any time or for any period.
2.2 When using the Platform and the
Services, Users must comply with all applicable local, state, national,
regional, and extraterritorial laws and regulations that may govern their use
of the Platform, the Services, or any activities connected with such use.
2.3 Users are responsible for all
activities conducted under their accounts in connection with accessing and
using the Platform and the Services. Any fraudulent, abusive, or otherwise
illegal activity will be grounds for the immediate termination of a User's
access to the Platform.
3. Linked Sites
3.1 The Platform may contain links to
external or third-party platforms (Linked Sites), which are not operated by Us.
We have no control over the Linked Sites and accept no responsibility for them
or for any loss or damage that may arise from a User's access to or use of
them. A User's use of the Linked Sites will be subject to the terms of use and
service policies contained within each respective site. The inclusion of, or
reference to, any Linked Sites on the Platform does not constitute an
endorsement by Us of any person, entity, services, products, or combinations
thereof offered through the Linked Sites.
4. Privacy Policy
4.1 Our privacy policy, which outlines how
We will use User information, can be found https://zhangshsc.com.au/PrivacyPolicy.
By using the Platform and our Services,
Users consent to the practices described in the privacy policy and warrant that
all data provided by them is accurate.
5. Account
5.1 To access most of the functionality on
the Platform, Users must create an account. We offer the option to purchase a
membership on the Platform. By purchasing a membership in the Services, Users
agree to the following terms:
(a) Users may subscribe to a weekly,
termly, or yearly membership package to obtain Points.
(b) Users may book online classes offered
on the Platform using Points, with each class requiring 1 Point.
(c) Points confer only the right to make
bookings and are not to be treated as gift vouchers.
(d) Points are not redeemable for any goods
or services.
(e) Any unused Points will be forfeited
immediately upon the expiration of the membership. No refunds will be provided
for unused Points.
(f) Users may cancel any class up to 15
minutes before the relevant class begins. For timely cancellations in
accordance with this provision, 1 Point may be credited back to the User’s
membership.
6. Child Booking
6.1 The Users acknowledge and agree that
underage students may make bookings on the Platform.
6.2 Any bookings made by a minor will be
deemed to have been made with the consent of his/her parents and legal
guardian(s), and will be treated as if the parents and legal guardian(s) made
the booking themselves.
6.3 The Users shall not dispute or deny
responsibility for any bookings made by a minor on the basis that the booking
was made by the minor. We are under no obligation to monitor or verify who is
making the bookings on the Platform.
7. Filming and Privacy Consent
7.1 By using the Platform and Services, the
User consents to being filmed, recorded, or otherwise documented during any
classes, sessions, or activities provided through the Platform or in the
Services. In the case of a child participating in the classes or activities,
the parent or legal guardian of the child is deemed to have provided consent
for the child to be filmed, recorded, or otherwise documented.
7.2 The User agrees that any such
recordings or documentation, including those involving children, may be used by
Us for educational, promotional, or marketing purposes without any additional
consent, and without any compensation or acknowledgment to the User or the
child.
7.3 The User releases Us, Our affiliates,
and any associated third parties from any liability arising from the use of
recordings or personal information as permitted under this provision.
7.4 The User may withdraw consent to be
filmed or recorded by notifying Us in writing. However, any recordings or
materials created prior to the withdrawal of consent may continue to be used by
Us.
8. Prohibitions
8.1 Without limiting other obligations and
restrictions applicable to the User’s use of the Platform and the Services, the
User must not misuse the Platform, including but not limited to the following
actions:
(a) Committing or encouraging a criminal
offense;
(b) Disrupting or intercepting Our
electronic information posted on the Platform;
(c) Transmitting or distributing a virus,
trojan, worm, logic bomb, or any other material that is malicious,
technologically harmful, in breach of confidence, or in any way offensive or
obscene;
(d) Hacking into any aspect of the
Platform, corrupting data, or causing annoyance to other Users;
(e) Infringing upon the proprietary rights
of any other person;
(f) Sending any unsolicited advertising or
promotional material, commonly referred to as "spam";
(g) Affecting the performance or
functionality of any computer facilities accessed through the Platform;
(h) Probing, scanning, or testing the
vulnerability of a system or network, or breaching security or authentication
measures without proper authorization;
(i) Accessing data not intended for the
User, or logging into a server or account that the User is not authorized to
access; or
(j) Attempting to do any of the above.
8.2 Breaching this provision constitutes a
criminal offense, and We will report any such breach to the relevant law
enforcement authorities and disclose the User’s identity to them. We may
immediately terminate the User’s access to the Platform for any breach of this
provision.
8.3 We will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses, or other
technologically harmful material that may infect the User’s computer equipment,
computer programs, data, or other proprietary material due to the User’s use of
the Platform or downloading of any material posted on the Platform or on any
Linked Sites.
9. Intellectual Property, Software and
Content
9.1 The intellectual property rights in all
software and content (including text, images, photographs, graphics, videos,
user interface elements, the selection, coordination, and arrangement of such
content, and any other copyrightable content and trademarks owned by or
licensed to Us) made available to Users on or through the Platform remain the
property of Us or Our licensors and are protected to the fullest extent by
copyright and trademark laws and treaties around the world. All such rights are
reserved by Us and Our licensors.
9.2 Under applicable copyright laws, Users
are not permitted to publish, manipulate, modify, distribute, or otherwise
reproduce and transmit, in any format, any of the content or copies of the
content supplied to them or which appears on the Platform without Our consent.
Nor may Users use any such content in connection with any business or
commercial enterprise.
9.3 Notwithstanding the above, Users may
store, print, and display the content supplied solely for their personal,
non-commercial, and legal use, provided that any copy remains protected by all
copyrights and trademarks of Us.
9.4 Users are strictly prohibited from
sharing, transferring, or reselling any printed materials provided by Us in
connection with the Platform and the Services. Printed materials are supplied
for the personal use of the User only and may not be reproduced, distributed,
or otherwise shared in any form without Our express written consent.
9.5 Nothing stated or implied on the
Platform confers on Users any license or right under any copyright of Us or any
third party.
10. Disclaimer of Liability
10.1 Subject to any non-excludable consumer
guarantees and other consumer protection provisions set out in the Australian
Consumer Law, the Platform and its content are provided as a convenience to
Users on an “as is” basis for informational purposes only, without any
guarantees, conditions, or warranties as to its availability, quality,
accuracy, currency, completeness, safety, timeliness, or appropriateness.
10.2 To the fullest extent permitted by
law, We hereby expressly disclaims all warranties, representations, and
conditions regarding the Platform or its content, and any other terms which
might otherwise be implied by statute, common law, or the law of equity. We,
along with Our directors, officers, employees, consultants, agents, and
affiliates, shall not be liable for any damages whatsoever, including but not
limited to any direct, indirect, special, consequential, punitive, or
incidental damages, or damages for loss of use, profits, data, or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance, or failures of the Platform or the Linked Sites and any
materials posted on those sites, irrespective of whether such damages were
foreseeable or arise in contract, tort, equity, restitution, by statute, at
common law, or otherwise.
10.3 This does not affect Our liability
which cannot be excluded or limited under applicable law.
11. Linking to the Platform
11.1 Users may link to Our home page,
provided they do so in a way that is fair, legal, and does not damage Our
reputation or take advantage of it. Users must not establish a link in such a
way as to suggest any form of association, approval, or endorsement on Our part
where none exists.
11.2 Users must not establish a link from
any platform that is not owned by them.
11.3 The Platform must not be framed on any
other site, nor may Users create a link to any part of this Platform other than
the home page.
11.4 We reserve the right to withdraw
linking permission without notice.
12. Disclaimer as to Ownership of
Trademarks, Images of Personalities and Third Party Copyright
12.1 Except where expressly stated to the
contrary, all persons (including their names and images), third-party
trademarks and content, services, and/or locations featured on the Platform are
in no way associated, linked, or affiliated with Us, and Users should not rely
on the existence of such a connection or affiliation.
12.2 Any trademarks/names featured on the
Platform are owned by the respective trademark owners.
Where a trademark or brand name is referred
to, it is used solely to describe or identify the products and services, and it
is in no way an assertion that such products or services are endorsed by or
connected to Us.
13. Indemnity
13.1 Users agree to indemnify, defend, and
hold harmless Us, Our directors, officers, employees, consultants, agents, and
affiliates, from any and all claims, liability, damages, or costs (including,
but not limited to, legal fees) arising from their use of the Platform and the
Services or their breach of the Terms of Use.
14. Variation
14.1 We reserve the right, at Our absolute
discretion, at any time and without notice, to amend, remove, or vary the
Services or any page of the Platform.
15. Invalidity
15.1 If any part of the Terms of Use is
unenforceable (including any provision in which We exclude Our liability to
Users), the enforceability of any other part of the Terms of Use will not be
affected, and all other clauses will remain in full force and effect.
15.2 So far as possible, where any
clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining
part valid, the clause must be interpreted accordingly. Alternatively, Users
agree that the clause must be rectified and interpreted in such a way that
closely resembles the original meaning of the clause/sub-clause as is permitted
by law
16. Governing Law and Jurisdiction
16.1 These Terms of Use shall be governed
by and construed in accordance with the laws and regulations of the State of
New South Wales, Australia.
16.2 The parties submit to the
non-exclusive jurisdiction of the courts in the State of New South Wales,
Australia.
17. Complaints
17.1 We operate a complaints handling
procedure which We will use to try to resolve disputes when
they first arise. Please let Us know if you
have any complaints or comments by sending an email to admin@zhangshsc.com.au.
18. No Waiver
18.1 Our failure to enforce any provision
of these Terms of Use or to respond to a breach by the User or other parties
shall not in any way constitute a waiver of Our right to enforce subsequently
any terms or to act with respect to similar breaches.
