Welcome to the website of Study Buddy International Pty Ltd at <studybuddyinternational.com> (this Website$1). This Website offers useful education resources to assist with your journey to succeed in your mathematics studies and prepare for your future. These Terms and Conditions apply to (a) your use or access to this Website; (b) the supply of our Digital Products ordered by you and all use or access by you and all Authorised Users to those Digital Products; and (c) the provision of our services to you via this Website. 

Please review these Terms and Conditions carefully, if you do not agree to these Terms and Conditions, please do not use the Website, place any Orders for our Digital Products or request our services. Your use of this Website, the placing of any Orders of our Digital Products, your use or access to our Digital Products, or your request of our services, constitute your acceptance to these Terms and Conditions.   

We offer a wide range of goods and services, and sometimes additional terms may apply. These are posted on the Website. When you purchase Digital Products and request our services where additional terms apply, you will be subject to those terms in addition to these Terms and Conditions, as applicable.  

1. Definitions 

1.1 In these Terms and Conditions, unless the contrary intention appears: 

Accepted Order means an Order accepted by us and for which an order confirmation notice is provided to you for such Order.  

ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010$1 (Cth). 

Authorised User means an individual who is authorised to use and access the Digital Products, whether under an Individual Licence or an Enterprise Licence.  

Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia. 

Commencement Date means, in relation to a licence to use and access Digital Products under a Contract, the date on which an order confirmation notice is sent to you with respect to your Order for that licence.

Compatibility Requirements means the equipment and software that is required to access and use the Digital Products as set out on the Website and updated by us from time to time. 

Contract means a contract of sale referred to in clause 2.5.

Digital Product means the digital products offered on the Website by us from time to time, in the form of one or more Licence Packages as set out in the Website, and includes, where applicable, Downloadable Contents included in the Licence Packages and all updates to those Digital Products provided by us from time to time. 

Downloadable Contents means those contents in the Digital Products purchased by you, which are authorised by us to be downloaded for the Permitted Use. 

Enterprise Licence means a licence to access and use a package of Digital Products purchased by you which allows use and access to Digital Products by more than one (1) Authorised User, up to the Permitted Number of Users under the purchased Enterprise Package. 

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999$1 (Cth). 

Individual Licence means a licence to access and use a package of Digital Products purchased by you which allows use and access to Digital Products by one Authorised User only.  

Licence Package means, in relation to a licence of the Digital Products, the following information as set out in the Website:

• a description of the Digital Products and whether the Digital Products under the licence include Downloadable Contents; 
• the type of licence (e.g. Enterprise or Individual Licence) and the Permitted Number of Users under the licence;
• the licence term, i.e. the time period you may access the Digital Products under the Contract from the Commencement Date; and
• any rights to access updates for the Digital Products under the licence, and otherwise set out under these Terms and Conditions. 

Order means an order for the Digital Products under a Licence Package placed by you. 

Permitted Number of Users means, in relation to an Individual Licence, one; and in relation to an Enterprise Licence,

• the number of users permitted to access and use the Digital Products under the Enterprise Licence, as set out in the Licence Package for that Enterprise Licence; and
• where applicable, if the Accepted Order for that Enterprise Licence include additional number of users who are permitted to access and use the Digital Products, the additional number of additional users.

Permitted Use means:

• in relation to an Individual Licence, solely for your own personal use;
• in relation to an Enterprise Licence, solely for personal use by each Authorised User who are permitted user under the Enterprise Licence.

Price means, in relation to a particular package for the licence of Digital Products, the price payable by you for the licence for those Digital Products exclusive of GST, as set out of the Website at the time of your purchase.

Study Buddy IP means: 

• all intellectual property in and to the Digital Products, the Website, and their contents, including information and images;
• all trade marks (registered and unregistered) used by us in connection with the Digital Products or our Website; and
• all intellectual property otherwise acquired or developed by us.

Terms and Conditions means these terms and conditions governing the use of the Website, the supply of Digital Products and your access and use for such Digital Products or the provision of services by us. 

We, us or our$1 means Study Buddy International Pty Ltd (ACN 665 256 833).

You, or your$1 means any person who use or access the Website or the Digital Products and include any Authorised Users where applicable.

2. Pre-view and Orders

• Prior to placing an Order, only a limited preview of the Digital Products displayed on the Website may be accessed. The entire Digital Products may only become available after completion of the purchase of an Order under a Contract in accordance with clause 2.5.
• You may place an Order for a licence to access and use Digital Products by completing and submitting to us an online order and completing the checkout procedures on the Website. 
• All Orders are subject to our acceptance at our discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any licence to the Digital Products. Your Order represents an offer from you to purchase a licence to the Digital Products in accordance with these Terms and Conditions. Orders placed on a weekend or public holiday will not be processed until the next Business Day. 
• We will acknowledge your Order by providing you with an order confirmation notice via email once your payment for licence to the Digital Products in your Order has been validated, the order confirmation notice constitutes our acceptance of your Order. Our acceptance of a particular Order will not imply that we will accept any of your future Orders. 
• Once your Order is accepted by us, a binding Contract will come into existence between you and us in relation to the ordered licence for the Digital Products. The Contract will comprise the Accepted Order and these Terms and Conditions.  If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency.  No other terms or conditions (including any terms or conditions printed on or referred to in your Order) will be binding on us unless we agree in writing. 

3. Order Acceptance and Cancellation

• You may cancel an Order any time prior to the time we send out the order confirmation notice to you. You may not cancel any Accepted Orders unless we agree to your cancellation and provided that you have not accessed or downloaded the Digital Products, in which case you may be required to pay a cancellation fee. 
• You agree that we may not accept your Order, or cancel any Accepted Orders due to any of the following”
  • the Digital Products in relation to your Order are not, or no longer available;
  • we are not able to receive payment for the licence to the Digital Products, or any payment was subsequently revoked; or
  • where a licence to the relevant Digital Product has been listed or advertised with an incorrect price or inaccurate information by mistake,
• in which case, you acknowledge and agree that we are under no obligation to sell you any licence to the Digital Products. If you have made a payment and submitted your Order which is cancelled or rejected by us, or if we cancel your Accepted Order, we will provide you with a full refund for the amount you have paid.

4. Price and Payment

• Subject to clause 3, the Price for the licence to a particular package of Digital Products in an Accepted Order will be the price for that licence at the time your Order is submitted on our Website. We may update or vary the price listed on the Website for the licence to the Digital Products from time to time without notice to you. Any changes will be effective once they are published on the Website. 
• All Prices are in Australian Dollars are exclusive of GST and does not include bank fees, or any other tax, tariff or duty unless expressly stated otherwise. You will be responsible for GST, bank fees or other tax, tariff or duty where applicable.
• We accept payment for Accepted Orders by a third party payment gateway operated by STRIPE and you authorise STRIPE to charge your selected payment method for the total amount displayed at checkout. Any transaction fees or additional charges imposed by STRIPE are your responsibility and will be charged as an additional amount. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your debit card or credit card is fraudulently used or used in an unauthorised manner by a third party. 
• Unless expressly stated to the contrary, all payments must be made in Australian currency. Where conversion from foreign currency is required, such currency conversion will be performed by your bank and may be subject to a fee charged by them. 
• If your payment is declined for any reason, or if we or STRIPE detects any fraudulent activities, we reserve the right to reject your Order, cancel any Accepted Orders or terminate access to any user account. 
• Your receipt will be sent to you with the order confirmation notice. Please keep your receipt safely as it is your proof of purchase. 

5. Access to Digital Products

• If you purchased an Enterprise Licence for the Digital Products, you will need to appoint an administrative user as the primary contact for all matters in relation to the Digital Products and all related matters. The administrative user must have appropriate skills, experience and authority to enable him or her to satisfy his or her responsibilities under these Terms and Conditions, including the management of all Authorised Users.
• To access the Digital Products, each Authorised User must create and use a unique user name and password.  Each Authorised User must keep the user name and the password safely, and is entirely responsible for any misuse or abuse of the user name, password or other log in details. 
• You must ensure that all equipment, software and the computing environment used to access the Digital Products comply with the Compatibility Requirements. You will be solely responsible for all computer functionality, operating system, network services in relation to your equipment. We will not be responsible for compatibility issues that may arise through future changes made to those devices and software set out in the Compatibility Requirements.
• Subject to these Terms and Conditions, we or our contractor will host the Website or other third party website for your access to the Digital Products. We will use reasonable commercial efforts to provide you with access to the Website or the Digital Products with a service availability of 95% uptime. You should be aware and agree that access to and use of the Website or the Digital Products may be temporarily suspended for scheduled or urgent server maintenance work.  We will endeavour to give you at least two (2) days’ notice for any scheduled maintenance sessions and where practicable notify you in relation to any urgent maintenance services.  We will use reasonable endeavours to conduct the maintenance services outside Business Hours. 

6. Permitted Use of Digital Products

• Your rights to access and use the Digital Products are determined by the Licence Package you purchased. The licence conditions for the Licence Package you purchased as set out on our Website on the date of your Order, as well as these Terms and Conditions will apply to your licence.
• We may, at our discretion, offer updates to the Digital Products. The right to use and access these updates are set out in the Licence Package, and subject to these Terms and Conditions.
• You agree and acknowledge that you will only access and use the Digital Products (including any updates) in accordance with the licence conditions set out in the Licence Package as specified on the Website on the date of your Order and these Terms and Conditions. 
• Provided you are complying with your obligations under these Terms and Conditions, we grant to you from the Commencement Date a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Digital Products purchased by you under the relevant Contract in accordance with the applicable licence conditions set out in the Licence Package for the relevant licence term.
• If the licence purchased by you include a right to access and use Downloadable Contents, you may download the Downloadable Contents during the applicable licence term, and keep one (1) copy of the Downloadable Contents for the Permitted Use. We grant to you from the date of expiry of the Contract under clause 6.4 a limited, perpetual, non-exclusive, non-transferable, non-sublicensable licence to access and use the Downloadable Contents, but only for the Permitted Use, subject to the restrictions set out in clause 6.8. 
• The licence granted to you under clause 6.4 is limited to access and use of the Digital Products by the Permitted Number of Users permitted for that Contract, as set out in these Terms and Conditions or the Licence Package (as applicable). If the Permitted Number of Users is more than one, each Authorised Users may access using his or her user name and password, provided that the number of Authorised Users will not exceed the Permitted Number of Users permitted for that Contract. 
• You agree that we will monitor the access of the Digital Products by you and any Authorised Users to assess your compliance with these Terms and Conditions. If you are not accessing and using the Digital Products in accordance with these Terms and Conditions, we may, at our discretion immediately suspend your access to the Digital Products for a period until a resolution is achieved to our reasonable satisfaction.
• You must not and must ensure all Authorised Users gaining access to the Digital Products do not (even after the termination or expiry of the Contract):
  • access, acquire, download, or reproduce any Digital Product, in whole or in part, other than as permitted under these Terms and Conditions;
  • sell, lease, license, sub-license, rent, loan, timeshare, encumber, distribute or otherwise transfer any Digital Product, in whole or in part, to any other person without our prior written permission;
  • modify, adapt, translate or copy the Digital Products, in whole or in part other than for the Permitted Purpose or otherwise permitted under these Terms and Conditions;
  • provide, disclose, divulge, make available to, or permit use of the Digital Products, in whole or in part, by any unauthorised third party; 
  • disclose any user name, password or licence file to any person who is not an Authorised User, or allow them to be used for any purpose; 
  • remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure on the Digital Products or our Website;
  • remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within the Digital Products or our Website; 
  • use the Digital Products in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of the Digital Products, unless expressly authorised in writing by us;
  • attempt to or actually access the Digital Products by any means other than through the interfaces provided or authorised by us;
  • interfere with or disrupt the availability of the Digital Products, including but not limited to any servers or networks connected with the Digital Products.
• You must immediately notify us in writing of any actual or suspected unauthorised use or disclosure of any user names, passwords or other log in details in relation to the Digital Products. 

7. Intellectual Property

• All Study Buddy IP belongs to us.  Apart from permitted access to and use of the Digital Products under the Permitted Use under a Contract, you acquire no right, title or interest in or to any of such intellectual property by virtue of these Terms and Conditions.
• You agree not to take any action, and not to assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights with respect to the Study Buddy IP, the Digital Products or the Website.
• Without limiting any other provision of these Terms and Conditions, if the Digital Products, or our Website (or any part) infringes the intellectual property rights of any third party , we may at our discretion:
  • modify or re-work the Digital Products or the Website so that such infringement is removed; 
  • procure the right for you to continue enjoying the benefit of the Digital Products; or
  • terminate the Contract to the licence to the relevant Digital Products upon immediate written notice to you, where we do so, we will refund the Price for the Digital Products under the Licence Package in a pro-rata manner and this will be our sole liability to you to the extent permitted by law. 

8. Privacy

• By submitting an Order for our Digital Products or otherwise interacting with us, we may require your personal information and other details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.
• We may use the personal information you provide to us for the purposes for which it was collected or purposes related to such purpose. We do not sell, rent, lease or provide your personal information to other entities unless outlined in these Terms and Conditions. 
• We may disclose your personal information to organisations that carry out functions on our behalf, or assist us to deliver our services, such as our business associates, contractors, agents or service providers. 
• We use a third party payment processor to collect payments made by you on the Website to us. In these situations, we do not have access to the credit card or billing information provided by you to our third party payment processor.  If you are directed to our third party payment processor’s site, you may be subject to terms and conditions governing use of that third party’s service and that third party’s collection and disclosure practices in relation to personal information.  Please review such terms and conditions and the third party’s privacy policy before using their services.
• Cookies refer to small pieces of data which are stored on your computer. Cookies may be used to control the display of advertisement, track your browsing patterns, to personalise information and record registration. You acknowledge that we may store one or more cookies in your browser or request your browser to transmit the data to the web server. We reserve the right to use anonymous data acquired through cookies about our users for any business purposes. 

9. Our Website and your use

• We grant to you a limited, revocable, non-exclusive and non-sublicensable licence to share or use the information, contents and images on our Website (other than the Digital Products) strictly for your own personal purposes, such as assisting with purchase decisions. Any use of information, contents and images published on this Website for commercial purpose in whatever form is strictly prohibited. For the avoidance of doubt, use of Digital Products by you is governed by clause 6.
• We may include links providing access to other websites. You acknowledge that we are not responsible for the accuracy of the information contained in these third party websites and we do not endorse any features, content, advertising, information or any other materials, and such information does not form part of our content. You should review any applicable terms and privacy policy of a third party website before using it or providing any information. You agree and acknowledge that you access and use third party websites entirely at your own risk.
• You acknowledge and agree that this Website has been provided to you for personal use. You agree at all times to access and use the Website in accordance with these Terms and Conditions and all applicable laws. You must not:
  • copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website except expressly authorised by us; 
  • utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
  • remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of this Website;
  • remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
  • create a deep-link to this Website for any purpose unless expressly authorised in writing by us; 
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact information or any other user of this Website;
  • engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this Website, unless expressly authorised in writing by us;
  • attempt to or actually access this Website by any means other than through the interfaces provided by this Website;
  • remove, cover or otherwise obscure any form of advertisement included on this Website; or
  • interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website.

10. Limitations and Disclaimers

• The Digital Products are educational resources provided solely for informational purposes. They contain general content and are not intended to constitute professional advice. Users should not rely on them as a guarantee of any specific outcome or result in relation to individual circumstances.
• We endeavour to structure the Digital Products so that the content reflects the Australian curriculum framework prescribed in the relevant Australian state or territory (as applicable). However, we do not warrant or represent that every topic, learning outcome, strand or elaboration mandated under any curriculum will be included, or that supplementary or alternative content will be introduced. You acknowledge and agree that: 
  • curriculum requirements may change from time to time and the structure and contents of the Digital Products may not reflect a particular curriculum; 
  • we may add, omit or rearrange material in the Digital Products at our sole discretion; and 
  • any reliance on the Digital Products to meet any specific curriculum objective, assessment requirement or syllabus standard is at the user’s own risk.
• Whilst we have made reasonable endeavours to ensure and verify that the information and content, including images, worked examples, solutions and questions provided in the Digital Products and the Website are accurate and current, we do not guarantee that the Digital Products and the Website are free from typographical, computational, conceptual or other errors. You acknowledge and agree:
  • that inadvertent inaccuracies may occur; and 
  • to exercise independent judgement, seek confirmation from authoritative sources where appropriate and notify us of any suspected error.
• You acknowledge and agree that: 
  • prior to your Order, only a limited preview of the Digital Products may be accessed from the Website;  
  • the Digital Products (including any Downloadable Contents such as text books) are purpose-built to complement our instructional model and therefore may differ from traditional textbooks for the same subject matter; and
  • the Digital Products may contain fewer or more practice questions than expected, and that the breadth or depth of any contents (including practice questions) may be different to a user’s expectations.
• Subject to clause 11 to 13 and to the extent permitted by law and, except as provided by these Terms and Conditions, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and image provided in the Digital Products or the Website, and we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with: 
  • your reliance on any information, contents or image on the Digital Products or the Website, including any errors, omissions, inaccuracies in the information, content and image on the Digital Products, the Digital Products or the Website; 
  • your purchase of the Digital Products based on the preview made available, and any misconception as to the nature, structure or volume of the contents of the Digital Products; and
  • your use of not able to use the Digital Products or the Website or any defects in the Digital Products or the Website.

11. Warranties 

• Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our Digital Products and related services.
• If you are a “consumer” under the ACL, the following notice applies to you:
  
  Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
  – to cancel your service contract with us; and
  – to a refund for the unused portion, or to compensation for its reduced value.
  
  You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.’
  
  In addition, clause 13 (Returns and Refunds) with respect to certain Digital Products apply in addition to (but may overlap with) any rights and remedies you may have under the Consumer Guarantees as a consumer.
• If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under clause 13 (Returns and Refunds) are your sole remedies with respect to such subject matter.
• Subject to this clause 11, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded.

12. Limitation of  Liabilities

• Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of Digital Products, or payment of the cost of repairing or replacing the Digital Products, or a refund of the Price paid for the Digital Products. 
• To the extent permitted by law, we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Digital Products or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• To the extent permitted by law, our total liability arising out of or in connection with the Digital Products or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Digital Products under the relevant Contract. 

13. Returns and Refunds 

• Due to the nature of digital products, we do not offer refunds or exchanges for any reason related to change of mind once the content has been downloaded or accessed. This includes instances where the product:
  • was purchased by mistake;
  • does not meet personal expectations; or
  • is no longer wanted.
• We will issue a refund or provide a replacement only if:
  – the file for the Digital Products is corrupted or fails to download due to a verified technical error on our part and it cannot be reasonably resolved; or 
  – you did not receive access to the purchased Digital Products after thirty (30) days of completion of your purchase, and it cannot be reasonably resolved.
  You must contact us within five (5) Business Days of your purchase and include the order number, description of the issue and where applicable, a screenshot of the error message.

• All refunds must be approved by us and, if approved, will be processed to the original payment method. We reserve the right to reject refund requests if the Digital Product has already been accessed or downloaded successfully.
• Subject to clause 11 and 12, this constitutes your sole remedy for any faulty or defective Digital Product under the Contract.

14. General

• These Terms and Conditions are governed by the laws of Queensland, Australia.  The parties each agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. 
• We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on the Website and will only apply to orders submitted after the updated Terms and Conditions are published.
• You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
• Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
• If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
• Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
• If a dispute arises under these Terms and Conditions, neither of you nor us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days. 

Contact us 

If you need to contact us for any reason, please do so using the contact details on our Website.