Terms and Conditions

OPTIMISE LEARNING’S TERMS & CONDITIONS FOR:

(1) SUBSCRIPTIONS TO OPTIMISE LEARNING
(2) OPTIMISE LEARNING’S  TUTORING SERVICES
(3) OPTIMISE LEARNING’S TUTORING SERVICES AT OUTSIDE OF SCHOOL HOURS CARE (OOSHC)

Each of the Terms and Conditions below, constitute a legally binding contract between Les Mains Pty Ltd ABN 68 689 125 456 (Trading as Optimise Learning) and you (User).Optimise Learning operates the website located at www.optimiselearning.com (Site).

1. SUBSCRIPTIONS TO OPTIMISE LEARNING:

These Terms and Conditions apply to the goods and services supplied via the Site and to Users viewing the Content that appears on the Site. By viewing and using the Content, creating an account or subscription, or purchasing goods and services, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they agree to be bound by them. Users who do not agree to these Terms and Conditions must leave the Site immediately.

1.Definitions and interpretation
1.1 Defined terms

  • Subscription means the subscription form that is available on the Site for the User to access, download (if applicable) and use.
  • Commencement Date means the date the User pays the Subscription Fee.
  • Content means any other text, data, speech, music or other sounds, visual images (animated or otherwise) is any form, or in any combination of forms as defined in the Broadcasting Services Act 1992 and includes the Materials and a Subscription and any features that appear on the Site for Users to use.
  • Student resources means materials and resources on the Site
  • Initial Period means the one (1) school year period commencing on the date the User pays the Subscription Fee.
  • Insolvency Event means circumstances in which Optimise Learning or a User take any corporate action or any steps are taken or legal proceedings are started for:
  • (a)  its winding-up, dissolution, or liquidation;
    (b)  the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or
    (c)  seeking or being granted protection from its creditors, under any applicable legislation.
  • Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
  • Subscription means the Paid Subscription.
  • Subscription Fee means payments paid by Direct Debit, over the period of 1 school year, payable by the User in accordance with the Optimise Learning’s subscription plans.
  • Materials means the Materials available on the Site.
  • Paid Subscription means the non-exclusive, worldwide, subscription granted to a User pursuant to the Optimise Learning plan the User has paid for the Materials.
  • Paid Materials means the Resources that the User is granted access to pursuant to their Paid Subscription.
  • Renewal Period means the one (1) year term commencing on the expiration of the Initial Period and any subsequent renewal period.
  • Resources means the resources available on the Site.
  • Term means the Initial Period and each subsequent Renewal Period as applicable.

1.2 Interpretation
Reference to:
(a)  the singular includes the plural and the plural includes the singular;
(b) a person includes a body corporate;
(c) to an amount of money, to $, $A or dollar is a reference to the currency of Australia;
(d) a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision;
(e)  including and similar expressions are not words of limitation;
(f) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
(g) headings and the table of contents are for convenience only and do not form part of these Terms and Conditions or affect its interpretation.

2. Accessing Resources
In order to access the Resources, Users must have a fully licensed and operating copy of Adobe Reader, which can be downloaded from http://get.adobe.com/reader/.

3. Subscription
(a) The Paid Subscription commences on the Commencement Date and will continue for the Term.
(b) Optimise Learning grants Users a non-exclusive, non-transferable, limited subscription to use the Paid Materials for the Term in exchange for the Subscription Fee.
(c)  The Users agrees to use and access the Paid Materials on the terms of the Paid Subscription and for the purpose for which the Paid Materials are provided.
(d) The Paid Subscription will automatically renew for the Renewal Period, unless the User terminates the Paid Subscription by cancelling their recurring subscription.
(e) If Optimise Learning increases the Subscription Fee during the Term, the Users agree to pay the increased Subscription Fee, when the Paid Subscription renews for the Renewal Period.
(f) The Users agrees to pay the Subscription Fee in the manner stipulated by Optimise Learning.
(g) The Users are responsible for payment of all applicable taxes in relation to the Subscription, unless Optimise Learning advises otherwise.

3.1 Unauthorised access and use
The Users must not under any circumstances:
(a) provide Materials to any teachers, parents, or other unauthorised users;
(b) resell any Materials;
(c) provide any Materials for profit or a personal benefit; or
(d) allow any third parties to use their Subscription.

3.2 Ownership
(a) Optimise Learning Australia retains all right, title and interest in and to all Intellectual Property in the Content and Site.
(b)  The Users acknowledge that they do not acquire any Intellectual Property, either express or implied, in the Content and Site beyond the terms contained in these Terms and Conditions.

3.3 No obligation to support
Provided the Materials function and are fit for purpose, Optimise Learning has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Materials.

3.4 OOSHC services
If the User is an OOSHC Service:
(a)  it is responsible for ensuring that its personnel access the Materials in accordance with these Terms and Conditions and the Subscription; and
(b)  its Subscription may be terminated if:
(i)   if any of its personnel breach the terms and conditions of these Terms and Conditions or the Subscription; or
(ii) the number of personnel accessing the Materials exceeds the limit contained in the User’s Paid Subscription.

3.5 Account and password
(a)  Users must create a Site account to access the Materials.
(b)  Users must keep all usernames and passwords to their account strictly confidential.
(c) Users are expressly prohibited from sharing their account details with third parties, and personnel may access the Site only from the venue of the subscribing OOSHC Service.

3.6 Termination by Optimise Learning
(a)  Optimise Learning reserves the right to limit, cancel, suspend or terminate a Subscription without notice if:
(i) it no longer has the right to provide the Content to the User for any reason whatsoever;
(ii) the User commits a breach of any of the material terms and conditions of these Terms and Conditions or the Subscription, including but not limited to providing the Materials to unauthorised users;
(iii) the User’s use of the Content may breach a third party’s Intellectual Property rights;
(iv) the activities being conducted by the User contravene any applicable law;
(v) the User does not pay the Subscription Fee for the Renewal Period prior to the Renewal Period commencing;
(vi) the User is a body corporate and suffers an Insolvency Event;
(vii) the User is an individual and becomes bankrupt.
(b) If Optimise Learning terminates the Subscription pursuant to this clause
(i) the User will cease to have access to the Materials;
(ii) the User will not be entitled to a refund of any Subscription Fees paid for the Subscription; and
(iii) Optimise Learning is not liable for claims, demands or damages (including actual and consequential) of any kind for terminating the User’s access to the Content and Site.

3.7 Termination by the User for breach
(a)  The User can terminate the Subscription without notice if Optimise Learning commits a breach of any of the material terms and conditions of the Subscription.
(b)  Optimise Learning’s will refund the User the Subscription Fee for the Initial Period or the Renewal Period as applicable on a pro-rata basis if the Subscription is terminated pursuant to clause 3.9(a).
c)  If the Subscription is terminated because the User did not pay the Subscription Fee for the Renewal Period, the User may continue to access the Materials up until the Term expires.

3.8 Actions upon termination
Upon termination:
(a) the User will cease to have access to the Content;
(b) the User must delete any downloaded or saved Resources;
(c) the User must cease using any Resources, except for Resources that have been printed prior to the Subscription being terminated;
(d) the User must cease to use and uninstall the Application from all devices the User has installed the Application on;
(e)  any clauses intended to survive termination of this Subscription, including clauses 3.2, 3.3, 3.5(b), 3.5(e), 3.9, 7, 9, 10, 12, 12 and 12.5, survive termination.

4. Permitted use of Content
(a)  Unless otherwise indicated, Optimise Learning reserves all copyright in the Content and design of the Site. Optimise Learning owns all such copyright or provide it to Users under the terms of a limited subscription embodied in these Terms and Conditions each time Users visits the Site.
(b) User may download, print or copy Content for their own use, pursuant to their Subscription.  Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, outside the scope of their Subscription, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 . In particular, Users must not reproduce or use any of the Content for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act or as otherwise provided for in the Subscription and these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

5. Prohibitions on use
The Site and Content must not be used in any manner that infringes Optimise Learning’s rights.  Users agree that they must not:
(a) data mine or conduct automated searches on the Site or the Content whether through the use of additional software or otherwise;
(b) frame or mirror the Site;
(c) tamper with, hinder the operation of, or make unauthorised modifications to the Site or Content;
(d) transmit any virus, worm or other disabling feature to or via the Site;
(e) abuse, defame, harass, stalk, threaten or otherwise violate Optimise Learning’s legal rights or the legal rights of a third party;
(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;
(g) modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content;
(h) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 ;
(i) use the Content for any purpose or in any manner not contemplated in these Terms and Conditions or in a manner which could damage the reputation of Optimise Learning or the goodwill or other rights enjoyed by Optimise Learning ; or
(j) transfer, sublicense, rent, lease or lend the Materials to a third party or use the Materials outside of the OOSHC service or for commercial sharing.

6. Provision of service
(a) Optimise Learning may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
(b) Optimise Learning may also choose at its sole discretion to block or deny any particular User with access to any of the Content.
(c) Optimise Learning may make improvements and or changes to the Content and Site at any time without notice. Optimise Learning does not warrant that the information architecture or navigation will not change now or at any time in future.

7. Consent to the provision of information to third parties
Users acknowledge that their credit card details or PayPal billing agreement will be securely stored in order for Users to access the Content and the Site and for Users’ subscription to be renewed.

8. Take down procedure
(a) Optimise Learning takes all reasonable steps to be aware of Content published by Users on the Site. Optimise Learning is committed to removing all Content as soon as practical after Optimise Learning is notified that the Content may be a breach of copyright or other Intellectual Property rights, is defamatory or otherwise claimed to be illegal.
(b) To notify Optimise Learning of a claimed infringement of copyright please send a notification to info@optimiselearning.com which includes:
(i) information about the complaining party (Complainant) including for example: address, telephone number (land line and mobile) and email address;
(ii) an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringed material;
(iii)identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Optimise Learning to locate the material;
(iv) a statement that the Complainant has a good faith belief that use of the Content in the manner complained of is not authorised by the copyright owner, agent, or the law; and
(v) a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.
(c) Users acknowledge and agree that if Optimise Learning receives a notice of a claim of copyright infringement, Optimise Learning may immediately remove the Content from the Site without further notice.
(d) To notify Optimise Learning of Content that may require removal from the Site other than because of alleged copyright, please email: info@optimiselearning.com

9. No duty of care
(a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.
(b) Optimise Learning makes the Site available for the User to use, however Optimise Learning does not assume a duty of care to the User. Optimise Learning makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content.
(c) Users must make their own investigations to ensure the Content is accurate before they rely upon it.

10. Warranty disclaimer
10.1 Disclaimer of warranties
Users expressly acknowledge and agree that, to the maximum extent permitted by law:
(a) their use of the Site and Content is at their sole risk.  The Site and Content is provided on an “as is” and “as available” basis. Optimise Learning and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b)  Optimise Learning makes no warranty that:
(i) the Content and Site will meet Users’ requirements;
(ii) the Content is accurate or reliable;
(iii) the Content and the Site will be uninterrupted, timely, secure or error-free;
(iv) the quality of the Content, or other material obtained by Users through the Site will meet Users’ expectations; and
(v) any errors will be corrected;
(c) any Content downloaded or otherwise obtained through the Site is accessed at Users’ own discretion and risk, and Users are solely responsible for any damage to their computer or loss of data that results from downloading Content; and
(d) no advice or information, whether oral or written, obtained by Users from Optimise Learning or through or from the Content creates any warranty not expressly stated herein.

10.2 Limitation of liability
(a)  Except for certain statutory warranties under consumer protection laws Optimise Learning does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.
(b) Subject to any claims available under consumer protection laws, Optimise Learning and its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i) any inaccurate or incorrect information in the Content;
(ii) Users’ use of the Content;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;
(iv) any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;
(v) the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Site;
(vi) any unauthorised access to or alteration of a User’s account information;
(vii) for anything a User does to a third party as a result of using the Content or Site;
(viii) for any inability to use any third party equipment or access to data;
(ix) for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Site;
(x) for any indirect, incidental, punitive, special, or consequential loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site, even if Optimise Learning has been advised of the possibility of such damages or if such damages are foreseeable.
(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of Optimise Learning for such a claim will (at Optimise Learning’s option and to the extent permitted by law) be limited to:
(i) in the case of goods: repairing or replacing those good or paying the cost of having those repaired or replaced; and
(ii) if the breach relates to Content: resupplying that or equivalent Content, or paying the cost of having that Content resupplied.

10.3 Indemnity
The Users indemnify, defend and hold harmless Optimise Learning and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Optimise Learning may incur or suffer as a direct or indirect result of:
(a) any breach of these Terms and Conditions;
(b) a User’s negligent acts or omissions;
(c) an actual or alleged breach by a User of any law, legislation, regulation, by-law or code of conduct caused by the Content or other data uploaded or downloaded from the Site;
(d) use of the Content or Site, including any third party claims made in connection with, or arising out of, the User’s use of the Content and Site;
(e) any claims brought by or on behalf of a third party relating to any act or omission by the User, including breach of a third party’s copyright or trade mark.

11. Notices
(a) For all correspondence in relation to these Terms and Conditions, please contact Optimise Learning on:
(i)  email: info@optimiselearning.com; or
(ii) telephone: 0481 094 421 (Australia only).
(b) If required, Optimise Learning will contact Users via the contact details the User has provided to Optimise Learning. If Optimise Learning has multiple contact details for a User, Optimise Learning will contact the User using the most recent contact details on file.

12. Miscellaneous provisions
12.1 Access to the Site
No representation or warranty is made that the Content and Site comply with the laws of any country outside of Australia.  A User accessing the Site from outside Australia, does so at their own risk.

12.2 RSS Feeds
If a User utilises any features on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with.  The User must include the back link to the full article on the Site and show any included attestation.

12.3 Trade marks
Optimise Learning may be the owner of several common law (or where indicated), registered trade marks which appear on the Site.  Unauthorised use of these trade marks will infringe Optimise Learning’s Intellectual Property rights.  If a User infringes Optimise Learning’s Intellectual Property rights, Optimise Learning reserves its rights to take action against that User.

12.4 Amendments
Optimise Learning may change the Terms and Conditions at its discretion by providing notice on the Site.  The version of the Terms and Conditions that applies to the Users will be available on the Site each time a User visits the Site.

12.5 Entire agreement
These Terms and Conditions (including the Subscriptions) and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users.  Any contact with Optimise Learning and its officers, agents or authorised representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

12.6 Governing law and jurisdiction
The laws of Queensland and Australia govern these Terms and Conditions. Optimise Learning and the Users submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.

12.7 Severability
Part or all of a provision of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining parts of the provision or provisions of these Terms and Conditions continue in force.

12.8 Waiver
If Optimise Learning does not act in relation to a particular breach by a User of these Terms and Conditions, this will not be treated as a waiver of Optimise Learning and right to act with respect to subsequent or similar breaches

2. TUTORING SERVICES:

ENROLMENT:
  • A non-refundable booking fee of $25 is required to confirm a student’s enrolment in an Optimise Learning Tutoring Program or Coaching Class.
  • To enrol your child, please complete our student enrolment form and our Ezidebit Direct Debit form, and email them to info@optimiselearning.com Each student’s enrolment will be confirmed upon receipt of their completed enrolment form, the completed Ezidebit form and payment of the booking fee as outlined above.
  • To maximise the benefit of tutoring for your child, we encourage enrolling them for a minimum of ten weekly sessions. Pro rata enrolments (less than ten sessions), will be accepted, however a pro rata payment + 5% will apply to parents wishing to enrol their child for less than ten tutoring sessions.
  • Student enrolment will be confirmed via email.
  • Face-To-Face tutoring sessions may incur a travel fee of $15 per session.
SESSION TYPES:
  • If only 1 student is enrolled in a group session, that session will revert to an individual session, and the individual session fee will apply.
  PAYMENT OF TUITION FEES:
  • Unless an alternative payment arrangement has been made at the request of a parent, tuition fees will be debited from a nominated bank account each week, in advance of  tutoring sessions.
CANCELLATION OF A TUTORING PROGRAM:
  • Cancellation of a tutoring program received ten business days or less prior to the commencement date incur a 15% charge per enrolment to cover administration costs. All cancellations must be made in writing to info@optimiselearning.com
  • Cancellation of a tutoring program prior to the end of a school term, incurs a charge of one tutoring session per enrolment to cover administration costs. Once tutoring has commenced, cancellations must be at least two weeks in advance or session charges will apply.  All cancellations must be made in writing to info@optimiselearning.com
 CANCELLATION OF A TUTORING SESSION:
  • In the event that Optimise Learning cancels a tutoring session, parents will be notified by telephone or email, and will not be charged for the session missed.
  • Cancellation of a single tutoring session must be made two days in advance, to avoid being charged for the missed session.  Students who do not arrive for a scheduled session, or if less than two days notice is given regarding an absence, will forfeit the tutoring session at no cost to Optimise Learning.
  • If a student arrives late to a tutoring session, the session will still end at the scheduled time, and the student will forfeit the time missed at the beginning of the session.
  • No catch up or make up sessions are available for sessions missed.
 LIMIT OF LIABILITY:

Optimise Learning is not liable or responsible for any travel costs or loss or damage as a result of a substitution, cancellation, or postponement of a tutoring session. Optimise Learning shall assume no liability whatsoever if this event is altered, rescheduled, postponed or cancelled due to a fortuitous event, unforeseen occurrence or any other event that renders performance of this tutoring session inadvisable, illegal, impracticable or impossible. For purposes of this clause, a fortuitous event shall include, but shall not be limited to: an outbreak of H1N1 or other types of influenza, governmental restrictions and/or regulations; terrorism or apparent act of terrorism; extreme weather; disaster; civil disorder, disturbance, and/or riots; curtailment, suspension, and/or restriction on transportation facilities/means of transportation; unavailability of the trainer due to ill-health or any other emergency.

 

3. TUTORING SERVICES AT OUTSIDE OF SCHOOL HOURS CARE:

ENROLMENT:
  • To access the tutoring program offered by Optimise Learning at Outside Of Hours School Care (OOSHC) students have to be enrolled in the OOSHC service.
  • Student’s need to be enrolled by Week Three of a school term. Enrolments received after Week Three of a school term, will commence the following term
  • Once a student has enrolled, it is expected that the student will continue tutoring for the remainder of the school year, unless otherwise advised, as in CANCELLATION OF A TUTORING PROGRAM ( see below).
ABSENT TUTORS:
  • If a tutor is absent for any reason, Optimise Learning will arrange for a replacement tutor to take any scheduled session/s.
  • In the event that Optimise Learning or the OOSHC provider cancels a tutoring session, parents will be notified by telephone or email, and will not be charged for the session missed.
ABSENT STUDENTS:
  • Notification of a student’s absence from a tutoring session must be confirmed in writing with Optimise Learning at info@optimiselearning.com at least 24 hours before the session, or session charges will apply.
  • If a student has left school due to illness and is consequently absent from a tutoring session, parents need to contact Optimise Learning on 0481 094 421 before 12pm on the day of the tutoring session or session charges will apply.
  • No catch up or make up sessions are available for sessions missed.
SESSION TYPES:
  • If only 1 student is enrolled in a group session, that session will revert to an individual session, and the individual session fee will apply.
CANCELLATION OF A TUTORING PROGRAM:
  • Parents need to provide Optimise Learning with two weeks notice in writing to info@optimiselearning.com if they wish to cancel their child’s tutoring. If tutoring is cancelled with immediate effect, session charges will apply for two weeks. If no written advice of a student’s cancellation is received by Optimise Learning, Optimise Learning will presume the student’s sessions have not been cancelled, and session charges will apply.
PAYMENT OF TUITION FEES:
  • Payment for tutoring sessions must be paid weekly in advance. Tutoring sessions that are not paid for in advance, will not proceed.
PERMISSION TO CONTACT STUDENT’S  TEACHER:
  • By providing their child’s teachers email address to Optimise Learning, parents are giving Optimise Learning staff permission to contact their child’s teacher to discuss their child’s learning.
  LIMIT OF LIABILITY:

Optimise Learning is not liable or responsible for any travel costs or loss or damage as a result of a substitution, cancellation, or postponement of a tutoring session. Optimise Learning shall assume no liability whatsoever if this event is altered, rescheduled, postponed or cancelled due to a fortuitous event, unforeseen occurrence or any other event that renders performance of this tutoring session inadvisable, illegal, impracticable or impossible. For purposes of this clause, a fortuitous event shall include, but shall not be limited to: an outbreak of H1N1 or other types of influenza, governmental restrictions and/or regulations; terrorism or apparent act of terrorism; extreme weather; disaster; civil disorder, disturbance, and/or riots; curtailment, suspension, and/or restriction on transportation facilities/means of transportation; unavailability of the trainer due to ill-health or any other emergency.

  UPDATED: November, 2017