Terms and Conditions

TERMS & CONDITIONS

 Below are the terms and conditions of our website. All of our terms and conditions apply to you. You agree to all of our terms and conditions, if you use our services and/or our website in any way.  Our terms and conditions may change, from time to time, at our discretion.

 

1.   OUR OBLIGATIONS

 We will do our best to make sure that our website is always working, as intended. However, you agree that we are not responsible in any way for any times when our website is temporarily down, unavailable or not working properly.

You agree that we may temporarily close our website from time to time to perform maintenance work and/or updates. We may give you notice on our website and/or by email before we temporarily close our website to perform maintenance work and/or updates.

 

2. YOUR ACCOUNT

 If you create an account with us, you will be provided with a username and password to access our website.

You must not provide or sell your username and/or password to any other person or entity. You must not use another person’s username or password without our permission.

You must take all measures, precautions and actions to protect the privacy of your username and password.

You must inform us of any unauthorised use of your account and/or password immediately.

All exams you buy on our website using your account will have an expiry date. This will generally be 30 days for students and 100 days for school head teachers.  You will have until the end of the expiry date to access and complete the exam online. After the expiry date of the exam, you must re-purchase the exam in order to have access to it.  Additional fees will apply to your re-purchase of an exam.

 

3.  CANCELLING YOUR ACCOUNT

 We can end your account and/or stop you from accessing your account immediately, if you:

  • have sold or provided your username and/or password to any other person or entity, without our permission;
  • have used another customer’s account or password, without our permission;
  • attempt to use an account as a head teacher or any other school personnel, when you are in fact a student or someone else;
  • allow other people to access and/or use your account, without our permission;
  • do or say something on our website or on anywhere else, such as social media (public or private), which damages or negatively affects our reputation; and/or
  • you do not otherwise follow these terms and conditions in any way.

Any fees you have paid for use or access of any exam will not be refunded to you, under any circumstances.

 

 4. PROBLEMS WITH YOUR ACCOUNT

 You agree that you will use all reasonable efforts to try and discover and fix any problems with your account, before you contact us. 

If you have used all reasonable efforts to try and fix any problems with your account, then you can contact us and we will try to fix it for you. We will use our best efforts to fix the problem as soon as we can.

However, you agree that we are not responsible for any costs you need to pay or losses you suffer because you were not able to use or access your account.  

 

 5.  PAYMENTS

 If you pay for any of our fees online, using a credit card or other payment facility, then your payment will be processed under the name “Learner Leader Online”.          

This means the words “Learner Leader Online” will appear on any statement, including a cardholder’s statement, upon us charging you any fees.  

 

6.  REFUNDS

 We will not provide you with any refund:

  • if you change your mind and decide not to use our services, after having seen any of our exams; or
  • we cancel or block your account because you have not followed these terms and conditions.

Also, there will be no refund once you have seen or accessed any exam on our website.

If you are unable to access your account, through no fault of your own, for more

than 2 business days, then we may offer to increase the expiry date of your exam.  However, you must send your request to us in writing at info@learnerleader.com.

 

  7.  UNDERTAKING EXAMS

  7a.  School Online Exams

 Online Exams should be held at schools in a  secure environment and always kept private.  At all times, the use of electronic and/or other devices to take photos or video recordings of online exams is strictly prohibited.

The sharing of information regarding the content or substance of online exams is also strictly prohibited.

  Our policy in respect of the conduct of exams, by schools, is as follows:

 All exams must be held strictly only on school premises.  An exam code will only be provided to students either by the teacher, the head teacher or the supervising teacher immediately before the start of the exam.

  • all students who sit an exam must be supervised during the exam to prevent the use of any devices to take photos or video recordings of the exam.
  • all scrap papers and/or other material used by a student during an exam will be required to be collected by the supervising teachers immediately at the conclusion of the exam.  All teachers must ensure that they hand all such material to the Head Teacher who will be able to dispose of and/or retain all material in a strictly confidential manner.
  • each school only buys a certain number of exam codes.  It is critical that each student’s email address be correctly submitted on our website.
  • replacements codes will not be issued to anyone during the purchase period and the submission of an incorrect email address will be considered a breach of these terms and conditions.  Access to the website may be lost, if a student’s email address is incorrectly submitted on our website.

   7b.  Parents/students Online Practice Exams

   Online practice exams must be kept private by parents and students. 

  At all times,  the use of electronic and/or other devices to take photos or video           

  recordings of practice papers is strictly prohibited.

 The sharing of information regarding the content or substance of online practice    

  papers is also strictly prohibited.

 

 8.  YOUR INFORMATION

 Any information about you that we keep will be stored on a secure server.

We have a secure domain and have security measures in place (including encryption and Secure Socket Layers to protect your personal information from loss, misuse, unauthorized access, modification or disclosure).

We will take all reasonable steps to destroy or de-identify personal information when it is no longer needed.

However, you agree that we do not need to guarantee or ensure the complete security of information given to us. You agree that any information provided to us is provided at your own risk.

You agree that we are not responsible for any tampering with, or hacks to our system by third parties.

 

9.  COMMUNICATION

All communications to you will be through the telephone number and/or email you provide to us or your account with us.

You agree to check your account, your telephone and your email from time to time, for any correspondence from us. You agree that you will ensure there is enough storage space in your email account and/or in your telephone to receive our correspondence.

You agree that we are not responsible for any losses you suffer because you did not receive any correspondence from us, for any reason. 

 

10.  OUR WEBSITE

 You agree that we are not responsible in any way for:

  • any errors on our website;
  • any viruses transferred to your mobile phone, tablet, computer and/or other electronic device from our website;
  • any damage caused to your mobile phone, tablet, computer and/or other electronic device from our website; or
  • any interruptions in your use or access of the website.

You must not attempt to change our website in any way.

You must not try to disable or interfere with any of the security features in our website. This includes, but is not limited to:

  • downloading any data;
  • downloading and/or changing the source code;
  • sending us malicious programs or viruses; or
  • interfering with our operating systems.

Our website may contain links to other websites. You agree that we are not:

  • endorsing the products or services offered on third party websites that we link to;
  • responsible for the content of any third-party websites; or
  • responsible for any viruses downloaded on to your mobile phone, tablet, computer and/or other electronic device from any third-party websites.
  1. INTELLECTUAL PROPERTY

Any content in or on our website (including, but not limited to, brand names, logos, layouts, trademarks, service marks, trade names, designs, copyright and/or domain names) belongs to us.

You must not change, copy, reproduce, screen shot, post or distribute any content in and/or on our website to another party, without first asking for and obtaining our written permission.

 

  1. BREACH OF TERMS & CONDITIONS

You agree that we are not responsible for any loss or damage you suffer or costs you have to pay because you have not followed our terms and conditions.

You agree to pay us for all costs we have to pay because you did not follow our terms and conditions.

 

  1. INTERNATIONAL USE 

If you are using our website from a country other than Australia, you are responsible for following that country’s laws relating to the access and use of our website.

Some of these terms and conditions may not apply to you in certain countries. If this is the case, then those terms and conditions will be ignored in that country. However, all other terms and conditions will still apply to you.   Other terms and conditions may also be taken to apply to you, even though not actually included here.

 

  1. ADVICE

All of the content on our website is general information only and is not advice. You may wish to obtain advice on any information you see on our website.

 

  1. PRIVACY POLICY

In our dealings with you, we agree to follow our privacy policy.

By agreeing to our terms and conditions, you also agree to accept the terms of our privacy policy, which are also on our website.

 

  1. CHANGING TERMS & CONDITIONS

These terms and conditions may change at any time and/or from time to time, to ensure that we meet our legal obligations or otherwise.

You are responsible for monitoring our website from time to time to make yourself aware of any changes to our terms and conditions. We may, but are not required to, inform you of our changed terms and conditions by email.

You agree that you are bound by any new terms and conditions immediately, upon these being updated on our website. Your use of our website and/or services will indicate your agreement to any new terms and conditions, posted from time to time.

  

  1. ENTIRE AGREEMENT

You agree that these terms and conditions contain everything that applies to the relationship between you and us. No other warranties, brochures, promotional and/or other material form part of the arrangement between you and us.

If the law provides us with greater protection from liability than these terms and conditions, then we will be given the benefit of the greater protection offered by law.

If any term of these terms and conditions is unlawful or not enforceable, then it will not apply to you. The rest of these terms and conditions will continue to apply to you.

If the law requires us to include any extra terms in these terms and conditions, then those extra terms will be taken to be included in our terms and conditions from the date the law first required those terms to be included. 

 

  1. UNCONTROLLABLE EVENTS

You agree that we are not responsible for not performing our obligations or any delays in performing our obligations due to reasons out of our control including, but not limited to, riots, terrorism and natural disasters.

 

  1. ALTERNATIVE DISPUTE RESOLUTION

If a dispute between you and us arises, you agree to use your best efforts to resolve that dispute with us without resorting to Court or Tribunal action of any sort.

If the dispute cannot be resolved within 10 business days of us trying to solve the issue with you, a mediator may be appointed to resolve the dispute. Mediation will be conducted by an independent mediator appointed by us and you agreeing or, if no agreement is reached within 5 business days, a person appointed by the President of the Institute of Arbitrators and Mediators, Australia. You will be solely responsible for all of the costs of mediation. 

 

  1. GOVERNING LAW & JURISDICTION

These terms and conditions are covered by the laws of the State of New South Wales, Australia and you agree to be bound by the Courts and Tribunals of the State of New South Wales, Australia.

 

  1. EXCLUSION OF LIABILITY 

To the maximum extent allowed by law, we exclude all liability to you of any form whatsoever. This includes all liability relating in anyway to any material and/or use of the website or the availability of the website or any content.

 

  1. PERMISSION FROM PARENT/GUARDIAN

 A student or other user of our website, who is under the age of 18, must seek always seek their parent’s or guardian’s permission first before accessing and/or paying for the use of our website.  We accept no responsibility whatsoever, for a minor’s misuse or unpermitted use of our website and/or our website’s payment facilities.