1. INTRODUCTION
1.1 In these terms and conditions, the terms “we”, “us” and “our” are a reference to Adam Peter Maggs (ABN 83 297 719 262) trading as Liveschool, the owner and operator of this web site (Site).
1.2 Acceptance of Terms: These terms and conditions (“Agreement”) apply to your use of the Site and any content or services delivered through it. By using the Site, you agree to be bound by this Agreement. If you do not agree, do not use the Site.
1.3 Modifications: We may modify this Agreement at any time. Revised terms will be posted here. Your continued use of the Site after changes are posted constitutes your acceptance of the revisions.
1.4 Termination of Access: We may terminate your access to the Site at any time without notice. Our disclaimers and limitations of liability survive such termination.
2. REGISTRATION AND ENROLMENT
2.1 Registration Requirements: To enrol in Liveschool courses, you must provide certain information (“Enrolment Registration”), which may include your full name, a valid email address, valid payment details (card and/or bank account), and proof of address (e.g. passport, driver’s licence).
2.2 Right to Refuse Enrolment: We may refuse or cancel your enrolment, access, or membership at our sole discretion.
2.3 Accuracy of Information: You must ensure that all information you provide is current, correct, and complete at the time of registration and for each use of the Site. You must promptly update us if your information changes.
2.4 Suspended Users: We will not accept Enrolment Registrations if we suspect they are from or on behalf of a previously suspended user (either from this Site or another site for similar reasons).
2.5 User Account: Once you complete Enrolment Registration, you will have a user account (“User Account”).
2.6 Liability for Non-Compliance: We are not liable for loss or damage resulting from your failure to comply with these terms.
2.7 Browsing Without Account: You may browse the Site without registering.
3. USE AND COPYRIGHT
3.1 Prohibited Uses: Without our express written consent, you must not:
- Decompile, reverse engineer, or disassemble any part of the Site.
- Distribute or republish any part of the Site.
- Resell, rent, lease, licence, or lend any part of the Site.
- Disable or circumvent any security feature of the Site.
- Transfer any element of the Site to a third party.
- Use data mining, robots, scraping, or similar methods.
- Unauthorisedly subscribe or unsubscribe any party from our services.
- Commercialise any component of the Site or Liveschool’s intellectual property without permission.
3.2 Copyright: Unless otherwise indicated, all Site content (text, images, videos, animations, audio) (“Content”) is owned by us or our licensors. You may display and print Content for your personal, non-commercial use only. Otherwise, you must not reproduce, adapt, store, distribute, or commercialise our Content without our written permission.
3.3 Reserved Rights: We reserve all rights not expressly granted.
3.4 User Conduct: You must not post or transmit any material that is obscene, indecent, offensive, false, misleading, defamatory, abusive, harassing, hateful, encrypted, invasive of privacy, unlawful, or encourages criminal conduct. You must not use the Site for unlawful purposes.
3.5 Notice and Take-Down: We do not guarantee to review all content before it appears. If we become aware of content that violates this Agreement, we may remove it. Complaints should be in writing to Liveschool, Sydney.
4. STUDENT SUBMISSIONS
4.1 Responsibility and Rights: Students may submit content (“Student Submissions”). You are solely responsible for your Student Submissions. By submitting, you warrant you have the rights, consents, and permissions to post the content and for Liveschool to use it as intended.
4.2 Notification of Use: Where possible, we will notify you if we use your Student Submission.
4.3 Monitoring: We do not review every Student Submission. We may remove those that violate this Agreement upon notice.
4.4 Reporting Violations: Contact us if you believe a Student Submission violates these rules.
4.5 Prohibitions: You must not submit copyrighted material without permission, false or misleading material, unlawful or offensive content, or engage in advertising, solicitation, or impersonation.
4.6 No Endorsement: Liveschool does not endorse opinions in Student Submissions and is not liable for them.
5. DISCLAIMER
5.1 No Liability: We are not liable for any loss or damage arising from your use of, or reliance on, the Site or linked sites.
5.2 Payment Processors: We use PayPal, Stripe, and/or Australian merchant services to process enrolments.
6. EXCEPTIONS TO DISCLAIMER
6.1 Non-Excludable Rights: Nothing excludes liability for terms implied by law that cannot be excluded.
7. SPECIFIC WARNINGS
7.1 Legal Compliance: Ensure your access to the Site is legal.
7.2 Security Precautions: You are responsible for safeguards against viruses or harmful elements.
7.3 Accuracy of Information: We do not guarantee the accuracy or currency of Site information.
8. TRADEMARKS
8.1 Use of Trademarks: Our trademarks must be used only with permission and proper attribution. No confusing, misleading, or disparaging use is allowed.
9. RESTRICTED USE
9.1 Personal Use Only: Unless otherwise agreed, the Site is for personal use only.
9.2 Account Suspension: We may suspend or cancel User Accounts if these terms are breached.
9.3–9.5 Account Rules: User Accounts must be in your own name. We may refuse registration requests and remove accounts without notice.
10. LINKED SITES
10.1–10.4 Linked Sites: Links to other sites are for convenience only. We are not responsible for their content, privacy practices, or any relationship implied by linking.
11. PRIVACY
11.1–11.2 Privacy Policy: Your personal information is used per our Privacy Policy. Disclosure occurs only as authorised or required by law.
12. EMAIL HANDLING
12.1 Email Retention: We may retain and monitor emails for legal or troubleshooting purposes.
13. SECURITY OF INFORMATION
13.1 No Guarantee: Data transmission over the Internet is not fully secure. We take reasonable steps to protect your data once received, but transmission is at your own risk.
14. GOVERNING LAW
14.1 Jurisdiction: This Agreement is governed by the laws of New South Wales, Australia. You submit to its exclusive jurisdiction.
15. CANCELLATIONS, NO-SHOWS, LATENESS, REFUNDS, AND RESCHEDULING
15.1 Changes by Liveschool: We may change or cancel a course, module, or class. If we do so, you are entitled to a full or pro-rated refund for any affected classes, or a credit transfer to a later equivalent offering, where possible.
15.2 Cancellation Before Course Start (≥31 Days Notice): If you cancel 31 or more days before the course start date, you receive a full refund of fees paid.
15.3 Cancellations Within 31 Days of Start or After Course Has Begun:
- A $1,000 “Break Out Fee” applies.
- If you paid in full: $1,000 is deducted from your refund.
- If you are on a Liveschool instalment plan:
- If you have already paid enough instalments such that you are entitled to a refund, $1,000 will be deducted from that refund.
- If you still owe outstanding payments, $1,000 will be added to your remaining instalments instead.
- If a module begins within 31 days of your cancellation notice, you must pay that module’s fees:
- If paid in full: that module fee is deducted from your refund.
- If on an instalment plan: that module fee is added to your remaining instalments.
- If using a third-party instalment provider, their terms override these conditions.
15.4 Non-Attendance: Missing a class, with or without notice, does not entitle you to a replacement lesson, extra assistance, or compensation.
15.5 Rescheduling After the Course Has Started:
- You must give at least 31 days notice before the start of your next module to reschedule.
- If less than 31 days notice is given, the Break Out Fee applies and you will be placed on a short-notice waiting list with no guaranteed re-entry date.
15.6 Rescheduling on Instalment Plan:
- Your instalments must continue even if you reschedule.
- If less than 31 days notice is provided before the next module start, the Break Out Fee applies, and you are placed on a short-notice waiting list.
15.7 Lateness: Arriving more than 20 minutes late three times in a row may lead to being denied entry. Habitual lateness or disruptions can result in course cancellation without refund (we retain your deposit and Break Out Fee).
15.8 Valid Methods of Notice: Requests for cancellation, suspension, refund, or credit must be made:
- By email to support@liveschool.net with your name, course, and contact details.
- In person, by appointment at our Sydney location. Social media or other platforms are not valid for submitting such requests.
15.9 Refunds and Credits: Valid requests made on time and by the accepted methods result in a refund of fees already paid and cancellation of future instalments. We may offer credit transfers at no extra charge.
15.10 Processing Time: Refunds may take up to 31 days to process.
16. INSTALMENT PLANS
16.1 Agreement: By using an instalment plan, you authorise automatic charges on due dates. Non-payment may be referred to collection agencies.
16.2 Eligibility: Offering instalment plans is at our discretion.
16.3 Failed Payments: If your instalment fails and cannot be recovered, the plan may be cancelled and the Break Out Fee will be payable.
16.4 Resumption Fee: To resume studies after default, you must create a new instalment plan and pay a $50 AUD administration fee.
16.5 Collections: Outstanding debts may be sent to a collection agency, and Liveschool may report non-payment to credit bodies.
16.6 No Holds: Due to limited class sizes, we cannot place your enrolment on hold.
17. INDEMNITY
17.1 Indemnification: You agree to indemnify us against all liabilities, costs, damages, and losses arising from your breach of this Agreement.
18. VIRUSES
18.1–18.2 No Guarantee: The Site is provided “as is,” without guarantees of being free from viruses or harmful components. You are responsible for using appropriate virus protection software.
19. LIMITATION OF LIABILITY
19.1 No Unlawful Exclusions: We do not exclude liability where it is unlawful to do so.
19.2–19.8 Limitations: Except where prohibited by law, we are not liable for damages arising from use of the Site, including indirect or consequential losses.
20. TERMINATION
20.1 Cause for Termination: Violations of these terms or the Privacy Policy may result in termination of your account or enrolment. Liveschool is not liable for content posted by you.
Consequences: Upon termination, licences end and you must cease use of Liveschool materials. Rights that accrued prior to termination survive.
21. FORCE MAJEURE
21.1 Beyond Control: Neither party is liable for delays or failures due to events beyond reasonable control.
22. WAIVER
22.1 No Waiver: Failure to enforce a right is not a waiver of that right.
23. SEVERANCE
23.1 Invalid Terms: If part of this Agreement is invalid or unenforceable, it will be modified minimally to remain enforceable, and the rest stays in effect.
24. ENTIRE AGREEMENT
24.1 Complete Terms: This Agreement, including any referenced policies, is the entire agreement and supersedes all prior understandings.
25. ASSIGNMENT
25.1–25.2 Transfer of Rights: You may not assign this Agreement without our written consent. We may assign our rights and obligations as we see fit.
26. NO PARTNERSHIP OR AGENCY
26.1 No Agency Created: Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
27. NOTICES
27.1–27.2 Communications: We may notify you as required by law or for business-related purposes in forms we choose, including email.
28. COOKIES
28.1 Use of Cookies: We may use cookies to improve Site content and user experience. You may disable cookies in your browser settings, but doing so may limit Site functionality. By using the Site, you consent to our cookie use.