Terms of Service

These Terms of Use (“Terms”) govern your use of our website located at www.fx2school.com (“Site”) and form a binding contractual agreement between you, the user of the Site and us, FX2School Pty Ltd ACN 163 834 446.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us using the contact form on our Site.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Introduction

1.1 These Terms form a legally binding agreement between you and us.

1.2 By visiting our Site you agree to be bound by these Terms and any modifications.

1.3 We may amend these Terms at any time. Any change will be effective immediately upon publishing of the amended Terms on our Site. You should revisit these Terms regularly as revised versions will be binding on you.

1.4 You agree that we may communication with your electronically either by email, SMS or website notices. We may also contact you by telephone from time to time.

1.5 These terms were last updated on 13 December 2013.

2. Licence to use Site

2.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

2.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

2.3 You must not add any content to the Site:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d) that would bring us, or the Site, into disrepute; or

(e) that infringes the intellectual property or other rights of any person.

2.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

2.5 You acknowledge and agree that:

(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

3. Use of Site

3.1 To use our Site you must be aged 18 years or over. Should we suffer any loss or damage as a result of the use of our Site by a minor, we reserve the right to take legal action to seek compensation for such losses from the parents or guardians of the minor who used our Site.

3.2 You agree to not access, or attempt to access, any part of the Site by any means other than through the interface provided by us.

3.3 You agree to not engage in any activity that interferes or disrupts the Site or the servers hosting the Site. You may not use screen scraping, reverse engineering, data mining, robots or similar data gathering tools on the Site except with our prior written consent.

3.4 You agree not to, nor attempt to, circumvent, disable or otherwise interfere with any security features of the Site including features designed to protect our intellectual property rights.

3.5 We reserve the right to change our Site at any time. We may stop providing access to the Site to you at our discretion and without prior notice to you.

3.6 You agree to not use or permit anyone to use our Site:

(a) in a manner contrary to these Terms;

(b) to carry out any activity or send or receive any material which is fraudulent, technically harmful (such as computer viruses, denial of service attacks, sending of unsolicited email, worms, trojan horses or malicious software), criminal, threatening, offensive, indecent, defamatory, in contempt of court or in breach of any third party rights including but not limited to copyright and privacy;

(c) for a purpose of which it was not designed or intended to be used;

(d) to violate any third party’s rights, including any breach of intellectual property rights, right of privacy, right of publicity or any other intellectual property or proprietary right; or

(e) violate any applicable law.

4. Registration and Accounts

4.1 You are not required to register an account in order to view our Site. However, in order to use some parts of our Site and some parts of our services you are required to create an account.

4.2 In order to register an account, you will need to provide personal information. In doing so, you agree to provide accurate information and to keep this information current. Our use of the supplied personal information will be in accordance with our Privacy Policy available on our Site. We reserve the right to validate any information you provide to us as part of the registration process. We may display your first name and the first letter of your surname on our Site. You agree to not impersonate someone else.

4.3 You agree to keep your password secure and confidential. You must immediately notify us if your password is no longer secure or if you become aware of any unauthorised use of your account.

4.4 You are solely responsible for any activity that takes place using your account and you may not use another user’s account without that user’s express permission.

4.5 We reserve the right to decline the new registration of an account or to cancel an account registration for any reason at any time. In the event of cancellation, your account will be removed from public viewing but your data may be continued to be stored by us.

5. Transactions

5.1 You agree to only use our Site for the purpose of making payments to Australian educational institutions for tuition fees and related payments, including but not limited to accommodation fees and costs of educational supplies.

5.2 You are responsible for ensuring that the details you enter when performing a transaction are accurate and complete.

5.3 When you order a transaction from us, you agree to complete the transaction as per the details in the confirmation that is immediately displayed on our Site and emailed to you. If you do not complete the transaction, we may hold you liable for the transaction costs we incur as a consequence of your failure to complete.

5.4 You are responsible for ensuring that you promptly and without delay follow the instructions contained in the transaction confirmation and that your bank transfers the funds to our nominated account. You should retain a copy of the payment receipt issued by your bank.

5.5 Upon receipt of the correct amount of funds into our nominated account, we will arrange for payment of your educational institution.

5.6 If there is any shortfall in the amount of funds we receive into our nominated account, you agree to make a further payment to ensure that total funds received are equal to those detailed in the transaction confirmation.

5.7 If you request a refund of any payment made using our service:

(a) if we have not yet made payment to the school when we receive your refund request, we will return to you the exact funds paid by you to us without deducting any fees or charges and absorbing any change in foreign exchange rates; or

(b) if we have made payment to the educational institution or other recipient when we receive your refund request, you must pursue the refund with the educational institution or other recipient directly in accordance with its refund policy (which is ordinarily detailed in the school’s letter of offer or similar document).

6. Fees

6.1 You are not required to pay any fees to us to use our service.

6.2 You are liable to your bank or other third parties for fees or charges that they may impose upon the transfer of your funds to our nominated account.

7. Intellectual Property Rights

7.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

7.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

7.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

7.4 Other trade marks used on the Site belong to third parties and remain the intellectual property of the third party.

7.5 The licence in clause 7.3 will survive any termination of these Terms.

7.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 7.2 and 7.3.

8. No Financial Advice

8.1 Nothing contained in our Site constitutes either general or personal financial product advice, and nothing related to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between us and you or any other third party.

8.2 Any comments or statements made on our Site or by any of our employees or agents are not a recommendation that a particular course of action is suitable for you and should not be regarded as financial product advice. Before making any financial decision on the basis of any reports or information provided, you must read any relevant disclosure document and make your own investigations regarding the accuracy, reliability and completeness of this information.

8.3 You should also seek expert professional advice about the offer in light of your particular financial circumstances and particular investment objectives or needs

9. Warranties and Indemnity

9.1 You represent and warrant to us that:

(a) you have the legal capacity to enter these Terms; and

(b) you have complied with clause 2.3.

9.2 You agree to indemnify, keep indemnified and hold us, our directors, officers, employees and agents harmless against any loss or damage incurred by us (included reasonable legal costs and expenses on an indemnity basis) arising out of any breach of these Terms by you or any claims or legal proceedings which are brought or threatened to be brought against us by any person arising from your use of the Site and the use of the Site via your password or mobile telephone.

9.3 We warrant that we will exercise reasonable care and skill in performing any obligation under these Terms but we do not warrant to you that the Site will be free from fault or disruption.

9.4 We do not warrant the accuracy of any content on our Site.

10. Liability

10.1 You acknowledge that the payments made by you to educational institutions are transactions between you and the educational institution. We are a third-party service provider facilitating payment processing as agent and on behalf of the educational institution.

10.2 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

10.3 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

10.4 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

10.5 You agree that we are not liable to you for any indirect, special, incidental, punitive, exemplary or consequential damages, loss or profits, business interruptions or reputational harm.

11. Termination

11.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.

11.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

12. General

12.1 Your represent that you have read and understood our Privacy Policy.

12.2 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

12.3 We reserve the right to transfer or assign without notice all or any of our rights and obligations under these Terms.

12.4 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

12.5 Any failure by us to exercise or enforce any right under these Terms shall not be deemed to be a waiver of such right unless the waiver is in writing and signed by us.

12.6 We shall not be liable for any delay in the performance of any of our obligations under these Terms if such delay is caused by circumstances beyond our control.

12.7 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

12.8 This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.