Matrix+ Terms and Conditions

Matrix Education Online Courses are provided by Matrix Education Pty Ltd, ABN 38 090 093 806 (Level 4, 210 Clarence Street, SYDNEY NSW 2000, Australia) (“Matrix”). These Terms and Conditions (“Terms”) govern your use of Matrix’s Online Courses (“Matrix+”).

 

Please also refer to https://www.matrix.edu.au/legal/standard-terms-conditions/ which governs your use of Matrix’s website, apps and other products and services.

 

By using our Matrix+, you agree to be bound by these Terms, including policies referenced in these Terms. If you are under the age of 18, your parent/guardian is responsible for the payment of the Online Service fees and he/she/they also agree to be bound by these Terms.

 

Who May Use our Services

You may use Matrix+ only if you agree to these Terms and in compliance with all applicable laws. When you create your Matrix account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

 

Our License to You

Subject to these Terms, including policies referenced in these Terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Matrix+. You may download content from Matrix+ platforms only for your personal, non-commercial use, unless you obtain Matrix’s written permission to otherwise use the content.  You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Matrix, and you will not share with any third party access to or access information for your account. Using Matrix+ does not give you ownership of any intellectual property rights in Matrix+ or the content you access. You must not use any personal thirty party devices or recording apps for still, audio or video capture when accessing Matrix+ content.

 

Changes to Content Offerings

As part of Matrix+ service offering, Matrix offers course contents (“Content Offerings”) from their copyrighted resources and other providers (“Content Providers”). While we seek to provide world-class Content Offerings, unexpected events do occur. Matrix reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

 

User Content

The Matrix+ enable you to share your content, such as homework, quizzes, exams and other assignments you submit, posts you make in Matrix’s various forums, blogs, social media platforms and the likes (“User Content”), with Matrix, teachers, tutors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include Content Offerings or other materials made available on or placed on to the Matrix platform by Matrix, Matrix teachers, Matrix tutors or Matrix’s Content Providers.

 

How Matrix and Others May Use User Content

To the extent that you provide User Content, you grant Matrix a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Matrix the right to authorize their business partners to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Matrix may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

 

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding our Matrix+ (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Matrix does not waive any rights to use similar or related Feedback previously known to Matrix, developed by its employees or contractors, or obtained from other sources.

 

Security

We care about the security of our users. While we work to protect the security of your account and related information, Matrix cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing it@matrix.edu.au

 

Third Party Content

When using Matrix+ platforms, you will have the ability to access and/or use content provided by Matrix, Matrix teachers, Matrix tutors, and/or other third parties and links to websites and services maintained by third parties. Matrix cannot guarantee that such third party content, in the Matrix+ platforms or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Matrix disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

 

Copyright and Trademark Policy

Matrix respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using our Matrix+ services. We have adopted and implemented the Matrix Copyright and Trademark Policy in accordance with applicable law. Please refer to https://www.matrix.edu.au/legal/copyright-trademark-policy/ for more information as this policy applies to you.

 

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy https://www.matrix.edu.au/legal/privacy-policy/ for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use our Matrix+ services.

 

Matrix Student Rules

All Matrix students are to support the ethos and to abide by the Matrix policies which form part of these Terms and which are available upon request from our Service Team. This includes but not limited to:

  • Student Code of Conduct
  • Resources Policy
  • A Workshop Policy

Prior to agreeing to these Terms, you have been given a reasonable opportunity to request and read the above policies. Matrix reserves the right to amend any of the above policies in its sole discretion from time to time and you agree to abide by Matrix Policies as amended from time to time.

 

Fees

Matrix+ are paid services and unless otherwise stated, all fees are quoted in Australian Dollars and inclusive of the local Goods and Service Taxes (GST).

 

All credit card transactions are completed over a secure internet connection using strong cryptography and security protocols. Digital certificates are used to maximise security when receiving credit card information. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected.

 

If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your paid access until your payment can be processed. We may accept an alternative payment method which is solely under the discretion of Matrix and will be assessed on a case by case basis.

 

You are responsible for paying all fees charged by or for Matrix and applicable taxes in Australia as well as in your own state/country. Any taxes imposed by your own state/country is payable by you in full and Matrix is not responsible for it. You must make a full payment in order to access our Matrix+ services. Matrix reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through their websites.

 

If you are enrolled on any Matrix on campus course/s and you would like to purchase Matrix+ for the same course (in the same term), you may be eligible for a discretionary discount of no more than 50% on Matrix+ fee. There will be no discount available on campus course fees in any circumstances. If you would like to find out if you are eligible for the discretionary discount on Matrix+, please contact our Service Team to make an inquiry. You must have a good credit history with us in order to be eligible and strict special terms and conditions apply before the discount can be offered and applied. If you are offered a discount by Matrix on your Matrix+ fee, you should read the special terms and conditions provided by Matrix at the time of offer and only accept it if you agree to all of the special terms and conditions.

 

Refunds

Payments are non-refundable; no refunds or credits will be issued in any circumstances once the course commenced. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

Access

Matrix Online Service accounts are only for individual and non-commercial purposes and are non-transferable. Time to time your account access may become unavailable due to scheduled maintenance or expected accidental events, in such situations Matrix is not liable for any losses and no claims can be made against Matrix.

 

General Rules

By agreeing to these Terms, you promise to follow these rules:

  1. You’ll not share your password;
  2. You’ll not use any misleading or incorrect names, addresses, email addresses
  3. You’ll not download and store any of the Content Offerings which you are not permitted to do so under these Terms
  4. You’ll not use the Content Offerings for commercial purposes without first obtaining our express written authority; and
  5. Each registered account is associated with an individual and accounts will not be shared amongst parties.

 

Modifying and Terminating our Services

We are constantly changing and improving our Matrix+ service offering. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Matrix+ service offering altogether. Accordingly, Matrix may terminate your use of Matrix+ for any reason. If your use of a paid Matrix+ is terminated, a refund may be available at Matrix’s sole discretion. We may not be able to deliver the Matrix+ to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Matrix, its teachers and tutors, its Content Providers, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Matrix Parties”) shall have any liability to you for any such action.

Account Disputes

We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Matrix. When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.

 

Closing your Account

You or Matrix may terminate your Matrix+ account at any time and for any reason, with or without cause. We may suspend your account at any time, with or without cause.

 

If we terminate your account without cause, and you have unexpired paid course/s,  we may refund a prorated portion of your paid course/s. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of these Terms.

 

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  1. a direct competitor of Matrix or its Related Entities (as defined in the Corporations Act (Cth) 2001;
  2. using the Service for commercial purposes; or
  3. in breach or violation of any of these Terms.

 

No Warranties

To the maximum extent permitted by law, we provide our Matrix+ service and Website as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to Matrix+ or our Website and/or any other Services, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Online Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

 

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of our Matrix+ and its platforms, including any downloads from the platforms. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

 

Our total liability to you arising under or in connection with the Matrix+, whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Online Service.

 

In addition, for the avoidance of doubt, in no instance will we be liable for any losses or damages you suffer if you use the Online Service in violation of our Terms, regardless of whether we terminate or suspend your account due to such violation.

 

Indemnification

You agree to indemnify, defend, and hold harmless the Matrix Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Matrix+ in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

Governing Law and Jurisdiction

You represent and warrant that your use of the Online Service will comply with all applicable laws and regulations. Matrix+ and its platforms (excluding any linked third party sites) is controlled by Matrix from their principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the platforms.

 

As each country has laws that may differ from Australia, by accessing these platforms, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or the Member’s use of the platforms, irrespective of any conflict with any laws and statutes applicable to the Member’s country of domicile.

 

The Member further acknowledges and agrees that the filing of a claim against Matrix (if any) must be made in Australia in which their principal business premises is domiciled, and that any legal proceedings will be conducted in English.

 

Matrix makes no representation that the Matrix+ offered through our platforms are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or Content from, or through, the Website which is illegal in your country of domicile is strictly prohibited.

 

You may not use the Service for any unlawful or discriminatory activities.

 

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of these Terms.

 

Equitable Relief

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

 

Court Order Fees

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include solicitor and employee time spent retrieving the records, preparing documents, and participating in a deposition.

 

Disclaimers

We are not responsible for the behavior of any third parties, linked websites, or other Members.

 

Assignments

You may not assign any of your rights under these Terms to anyone else exception to if you are under the age of eighteen (18) you may assign your right to your parent (or legal guardian) Consequently, your parent (or legal guardian) takes full responsibility under this Agreement on behalf of you as a participating minor. We may assign our rights to any other individual or entity at our discretion.

 

Beyond our Control

We won’t be held liable for any delays or failure in performance of any part of the Online Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, outbreak of contagious disease, pandemic, epidemic, and acts of hackers or third-party internet service providers.

 

Survivability

Even if these Terms are terminated, the following sections will continue to apply:

Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

 

Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of these Terms will still be valid.

 

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

 

Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to take certain actions in order to minimise or rectify the identified breach, you’ll promptly do so.

 

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our online platforms including our Website. Any notice to us will be effective when delivered to us along with a copy to our headquarter: Attn. Legal Department, Matrix Education, Level 4, 210 Clarence Street, Sydney NSW 2000, Australia, or any addresses as we may later post on the Website.

 

Entire Agreement

These Terms between us in relation to its subject matter and supersede all prior terms, agreements, representations, and understandings. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

 

Congratulations! You’ve reached the end.

 

Thanks for taking the time to learn about Matrix’s Online Service Terms.

 

Updated 25 March 2020

 

Registered Office Address:

Matrix Education

Level 4
210 Clarence Street
SYDNEY NSW 2000
Australia

 

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