Standard Terms and Conditions

Thanks for using Matrix Education.

Please read these Terms carefully. By using Matrix Education services, you’re agreeing to these Terms, which will result in a legal agreement between you and Matrix Education (“Agreement”).

We’ll start with the basics, including a few definitions that should help you understand these Terms.

Matrix Education (“ Matrix,” “we,” or “us”) is an education service provider who provides its services via both offline (i.e. face to face) and online platforms (the “Service”) offered through the URL www.matrix.edu.au (we’ll refer to it as the “Website”). When you are enrolling for any courses at Matrix, please refer to our Enrolment Terms and Conditions for additional terms which applies to you using our services.

“Content” means all information, messages data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, links to external site, and other material and other content contained in the website, including, without limitation, the Matrix logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Content”) are the property of Matrix or its Related Entities (as defined in the Corporations Act (Cth) 2001.

Matrix is an Australian Proprietary Limited company whose legal name is Matrix Education Pty Ltd.

Matrix has employees, independent contractors, partnerships and representatives (“our Team”).

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Use (“Terms,” including this Agreement, Privacy Policy, Cookies Statement, Copyright and Trademark Policy, Enrolment Terms and ConditionsShort Course Enrolment Terms and Conditions) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member.

If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

 

1. Eligibility

In order to use the Service, you must:

  1. be a student from a secondary school;
  2. complete the registration process for online services and enrolment process for offline services;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information;
  5. understand you are entering into a contract under these Terms;
    be at least eighteen (18) years old; or if you are under the age of eighteen (18) you have a permission from your parent (or legal guardian) to use her/his credit card (or other payment instrument)to pay for the Service and she/he on your behalf, agrees to these Terms and also accepts the full responsibilities under these Terms.

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations.

Note that by representing and warranting, you are making a legally enforceable promise.

Matrix may refuse service, close accounts of any users, and change eligibility requirements at any time under our discretion without prior notice.

 

2. Term

When you sign up for the Service (eg, enrolling to our courses) and agree to these Terms, the Agreement between you and Matrix is formed, and the term of the Agreement (the “Term”) will begin.

The Term will continue for as long as you have an account with Matrix or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

By signing up for our newsletter updates, creating an account for online access, purchasing any Matrix products, or enrolling for any courses at Matrix mean that you’ve officially “signed” and accepted the Terms.

If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

 

3. Closing Your Account

You or Matrix may terminate the Agreement at any time and for any reason by terminating your Matrix account or giving notice to the other party.

We may suspend the Service to you 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 the Agreement.

If your account is inactive for 24 or more months, we may terminate the account.

Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it.

Usernames are unique and can only be used once.

If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

 

4. Changes

We may make improvements or changes to the information, services, products and other materials on this website, or terminate this website, at any time without notice.

We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this website.

Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified Terms and Conditions.

 

5. Account and Password

You’re responsible for keeping your account name and password confidential.

You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Matrix is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity.

You’ll immediately notify us of any unauthorised access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence.

We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password.

We have the right to update any of your contact information in your account for billing purposes.

In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

 

6. 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.

 

7. Access

Matrix 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 unexpected accidental events; in such situations Matrix is not liable for any losses and no claims can be made against Matrix..

 

8. Fees & Online Payments

When you are enrolling for any Course/s at Matrix or purchasing any Matrix online products,  you will be required to provide information regarding your credit card or other payment instrument.

You represent and warrant to Matrix that such information is true and that you are authorised to use the payment instrument.

 

9. Credit Cards

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 authorised 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.

 

10. Refunds

Payments are non-refundable and there are no refunds or credits in any circumstances.

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.

11. Copyright

Please refer to our Copyright and Trademark Policy for our terms in relation to copyright and trademark.

 

12. Privacy Policy

Your privacy is important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

13. 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.
  4. You’ll not use the Content for commercial purposes without first obtaining our express written authority.
  5. Each registered account is associated with an individual and accounts will not be shared amongst parties.

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

  • a direct competitor of Matrix or its Related Entities (as defined in the Corporations Act (Cth) 2001;
  • using the Service for commercial purposes; or
  • in breach or violation of any of the terms under this Agreement;

 

14. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately.

If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in the lower section of this Agreement.

 

15. Compliance with Laws

You represent and warrant that your use of the Service will comply with all applicable laws and regulations.

The Website (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 Website.

As each country has laws that may differ from Australia, by accessing this site, 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 Website, 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 Services offered through the Website 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 this Section 17.

 

16. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website.

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 Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the 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 Service in violation of our Terms under this Agreement, regardless of whether we terminate or suspend your account due to such violation.

 

17. No Warranties

To the maximum extent permitted by law, we provide the Website and the Service 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 the Website and/or Service, 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 Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

 

18. Indemnity

You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision.

You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your use of the Service, (b) your violation of any laws or regulations, (c) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (d) any misrepresentations made by you, or (e) a breach of any representations or warranties you’ve made to us.

 

19. Legal Fees and Expenses

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.

20. 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.

 

21. 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.

 

22. Disclaimers

We aren’t responsible for the behaviour of any third parties, linked websites, or other Members.

 

23. Assignments

You may not assign any of your rights under this agreement 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.

 

24. Beyond our Control

We won’t be held liable for any delays or failure in performance of any part of the 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, and acts of hackers, or third-party internet service providers.

 

25. Survivability

Even if this Agreement is 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.

 

26. 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 the Agreement will still be valid.

 

27. Further Actions

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

 

28. 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.

 

29. 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 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.

 

30. Entire Agreement

This Agreement and any other Terms make up the entire agreement between us in relation to its subject matter and supersede all prior 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 terms and policies.

Updated 12 June 2019

 

Registered Office Address:
Matrix Education
Level 4
210 Clarence Street
SYDNEY NSW 2000
Australia

 

 

 

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