Student Enrolment Agreement Terms and Conditions
You have enrolled in a program with The Princeton Review Australia (TPRA), LLC d/b/a The Princeton Review Australia or JPI Global Pty Ltd (“TPRA”, “we”, “us”, “our”).
All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your program are the exclusive property of TPRA or its licensors. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from TPRA in connection with TPRA courses, tutoring, or counselling programs, and agree to use such information only for your personal, non-commercial use. Without limiting the foregoing, you further agree not to share your online TPRA password or to otherwise allow any other person to use the TPRA online resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, TPRA grants you a limited, non-assignable, non-transferable, revocable licence to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use. Such licence will terminate when your program, plan or other service expires or otherwise terminates.
You understand that for certain TPRA programs, size is limited and, therefore, enrolment is taken on a first-come, first-served basis.
You are solely responsible for all telephone, computer hardware and other equipment and all Internet or wireless services required for access to and use of our online services.
TPRA reserves the right, in its sole discretion, to change these Student Enrolment Agreement Terms and Conditions, in whole or in part, at any time. Changes in these Student Enrolment Agreement Terms and Conditions will be effective when posted.
Payment
Student Withdrawals, Cancellations and Refunds:
Classroom courses and online courses:
If you enrolled in a classroom course or online course and choose to withdraw your enrolment within the time frames listed below, we will provide a refund of the percentage of the tuition you have paid as listed below, subject to the conditions below.
No refunds will be given after the start of your program.
Shipping costs will not be refunded.
In order to receive a refund as set out above, you must return to us any program materials you received unopened and with no marks in the materials within 2 weeks of withdrawing your enrolment. Shipping costs for return of materials are at your expense. If you fail to return your program materials within 2 weeks, or do not return them unopened and unmarked, we will deduct your deposit from any refund for which you are eligible.
In addition, up until the end of your program, you may change your enrolment to another program that is the same as your original program, except for location and the start date of the program. If you change your enrolment to another program after your original program has started, then you may join the new program at the same point you left your original program. You may make this change only once, and once you make this change, you are no longer eligible for any refund of your tuition based on withdrawing your enrolment.
Private Tutoring and Academic Tutoring:
If you choose to withdraw your enrolment in a private tutoring or academic tutoring program within the time frames listed below, we will provide a refund of the percentage of the tuition you have paid as listed below, subject to the conditions below.
There are no refunds once you begin tutoring.
You have 90 days after your enrolment to begin tutoring, or you will forfeit all unused tutoring hours and access to online program materials.
In order to receive a refund as set out above, you must return to us any program materials you received unopened and with no marks in the materials within 2 weeks of withdrawing your enrolment. Shipping costs for return of materials are at your expense. If you fail to return your program materials within 2 weeks, or do not return them unopened and unmarked, we will deduct the cost from any refund for which you are eligible.
College Admissions Counselling:
Should the client be required to terminate any admissions counselling package after it has been executed, for a reason such as a force majeure event, please submit a written statement to TPRA outlining the situation. TPRA will consider other options on a case-by-case basis.
Illness; TPR Program Changes and Cancellation:
If you are enrolled in an in-person course and our instructor believes that you are showing any symptom of an illness that may be infectious, the instructor may ask you to leave the class until you are no longer showing the symptom. In such a case, we may work with you on alternatives for fulfilling your program requirements. If you are enrolled in a program that includes in-person tutoring sessions and our tutor believes that you are showing any symptom of an illness that may be infectious, the tutor may reschedule the tutoring sessions to time when you are no longer showing symptoms.
Occasionally, due to various circumstances, TPRA may change program schedules or locations (including but not limited to providing online class sessions in place of in-person class sessions), cancel a program, not have a tutor available for you for an in-person or online private tutoring or academic program. If we cancel the program in which you have enrolled and are not able to reschedule you into another program that is acceptable to you, we will refund all of the tuition or program fee you have paid, including your deposit (if applicable) and we will have no further liability to you with regard to the cancelled program. If you have received any program materials, you must return them to us, at TPRA's expense for shipping in accordance with TPRA's return authorisation policy, within two weeks of the program cancellation. If you fail to return materials within the two-week period, and
if you were registered for a classroom course or online course, we will refund all of the tuition paid less your deposit, or
if you were registered for a private tutoring or academic tutoring program, TPR will deduct a fee of the cost of the program materials.
Please note that refunds for cancellations under this or the immediately preceding section take approximately 30 days from notification of cancellation to be processed.
Prohibited Conduct; Dismissal from Program or Online Access:
You agree that you will not bring any handgun, firearm, knife, mace, or any other object or material that may be perceived as harmful to others on TPRA’s property or teaching locations, regardless of whether or not it is real. In order to attend a program on TPRA’s property or teaching locations, you agree that you will comply with other conditions that TPRA may notify you of that in TPRA’s opinion are warranted to ensure the safety of its instructors or students.
You agree that you will treat TPRA tutors, instructors, coaches, and counsellors with respect and not use obscenities, make threats or discuss matters other than those related to the subject in which you are being helped in your TPRA program.
TPRA may dismiss you from a TPRA program or cancel your services, including online access to our services if you:
have not paid in full by the first scheduled session (unless TPRA has approved a payment plan for you or you made your purchase under an instalment plan), or
in TPRA's opinion, are disruptive in the program, or
do not comply with our Terms of Use set out on our website at princetonreview.com.au, these Student Enrolment Agreement Terms and Conditions, or other rules and procedures applicable to our products or services being provided to you.
TPRA will not refund any amounts or provide any credit where a student is dismissed from a program or their services are cancelled as set forth above.
Lost Materials:
If you lose your program materials, you may purchase a replacement kit during the course of your program.
Disclaimer; Limitation of Liability:
(a) TPRA WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR TPR PROGRAM, EVEN IF TPRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN THE GUARANTEE SET FORTH BELOW, TPR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TPRA'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR TPR PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PROGRAM. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN RELATION TO ADMISSIONS COUNSELLING SERVICES AND COLLEGE ESSAY REVIEW SERVICES, TPRA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO A PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF YOUR APPLICATION, OR (C) ANY GUARANTEE THAT YOU WILL OBTAIN ADMISSION TO ANY PROGRAM. TPR SHALL NOT IN ANY WAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE ADMISSION TO ANY PROGRAM.
(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, IN ADDITION TO ANY OTHER LIMITATIONS OF LIABILITY, DISCLAIMERS, OR EXCLUSIONS AS MAY BE APPLICABLE, WE DISCLAIM ANY AND ALL LIABILITIES, WARRANTIES, AND OBLIGATIONS FOR DAMAGES, FEES, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, TO ANY THIRD PARTY) INCURRED THAT RELATE TO ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR GENERATIVE ARTIFICIAL INTELLIGENCE INCLUDED IN, INTEGRATED WITH, OR OTHERWISE IN CONNECTION WITH OUR PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR ALLEGATIONS RELATED TO: (1) INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY OF A THIRD PARTY; (2) BREACH OF CONTRACT, INCLUDING RELATED TO OPEN SOURCE AND THIRD-PARTY SOFTWARE ATTRIBUTION REQUIREMENTS OR OTHER RESTRICTIONS; (3) SURPRISING OR OTHERWISE UNANTICIPATED EMERGENT BEHAVIOUR FROM ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR GENERATIVE ARTIFICIAL INTELLIGENCE MODELS; (4) SECURITY RISKS OR VULNERABILITIES; (5) ERRORS, OMISSIONS, OR INACCURACIES IN DATA, MATERIALS, CONTENT, OR INFORMATION; (6) DISCRIMINATION, DEFAMATION, BIAS, OR VIOLATIONS OF CONSUMER PROTECTION LAWS OR ANY OTHER LAWS OR REGULATIONS; OR (7) THE USE, MAINTENANCE, TRANSFER, OR DISCLOSURE OF DATA, MATERIALS, CONTENT AND INFORMATION CONSIDERED CONFIDENTIAL TO ANOTHER PARTY.
Governing Law:
These Student Enrolment Agreement Terms and Conditions and any claim or dispute arising out of, relating to or in connection with these Student Enrolment Agreement Terms and Conditions or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the state of New South Wales without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the Australian Competition and Consumer Commission. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims division of a court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
Additional Terms/Information for Students Enrolling Courses.
Acceptance of These Terms and Conditions:
Please indicate your acceptance of these Student Enrolment Agreement Terms and Conditions by checking the “I agree to the Enrolment Terms” checkbox when prompted. I understand that by checking the checkbox when prompted, I acknowledge that I have read and that I agree to these Student Enrolment Agreement Terms and Conditions. Note that you must be 18 years of age or older to accept these Student Enrolment Agreement Terms and Conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Checking the “I agree to the Enrolment Terms” box is a representation from you that you are at least 18 years of age.
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