Terms and Conditions
This agreement is between Interactive English Pty Ltd as trustee for The Fergus Ricky Trust (ACN 108 410 091) trading as Interactive English (Interactive English) of Suite 23, Royal Arcade, 175 Oxford Street, Bondi Junction, NSW, 2022 and you.
You must be 18 years or older to enter into this agreement. If you are not 18 or older, you must get your parent or guardian to sign up for you.
This agreement commences when you submit your application for an Interactive English Account to Interactive English and continues until 31 October in the calendar year in which you submitted your application. Submissions made from 1 November until 31 December will continue until 31 October in the following calendar year.
1. Definitions and Interpretation
1.1. Code of Conduct means the document of that name posted on Interactive English’s website as varied from time to time by Interactive English.
1.2. The Nominee means the person nominated as the user of the account at the time that the account was established. Where no person was nominated the Nominee means the person entering this agreement with Interactive English.
1.3. Statement of Services means the document of that name available from Interactive English’s website as varied from time to time by Interactive English.
1.4. In this Agreement “you” refers to the person entering this agreement with Interactive English. Where you and the Nominee are different people, you enter this agreement as agent for the Nominee and represent that you have the authority to do so. You authorise the Nominee to act as your agent for the purposes of this agreement. In particular, you authorise the Nominee to acquire additional goods and services from Interactive English on your behalf. Interactive English may treat any communication it receives from the Nominee as coming from you and that the Nominee has your authority to make that communication to Interactive English.
1.5. You may nominate one Nominee to act your agent for the duration of this agreement. The details of that Nominee must be provided to Interactive English at the time you enter into this agreement. The Nominee cannot be changed during the term of the agreement. For example, a parent may enter this agreement and nominate their son or daughter to have access to the website. A person may enter into this agreement a number of times where each of those times a different person is nominated as their Nominee (in this case a number of distinct agreements are created, each with a separate and different Nominee).
2. Interactive English’s Obligations
2.1. Interactive English must use commercially reasonable endeavours to comply with the Statement of Services applicable to the options you purchase from Interactive English under this agreement.
2.2. Interactive English will provide you with a username and a password to enable your access to the Interactive English web interface. The username which is provided to you for access to the Interactive English service and the access available through its use is referred to as “your account”. Interactive English may withhold enabling your account until it has received cleared funds for your fees.
2.3. Where Interactive English states specific requirements (technical or otherwise) for the provision of services under this agreement, you must ensure that you comply with those requirements. These requirements may be set out on the Interactive English site, in the Code of Conduct, or in any other material produced by Interactive English which it has made available on its web site or has otherwise used commercially reasonable endeavours to make you aware of. Interactive English is not liable to you for any failure to provide the services to you during any period in which you fail to comply with Interactive English’s stated requirements.
3. Forums
3.1. You and the Nominee acknowledge that Interactive English does not exercise direct control over the content of messages posted on Interactive English’s forums. Where material you or the Nominee views on those forums offends or otherwise aggrieves you or the Nominee you may contact Interactive English setting out the material, requesting its modification or deletion and any reasons you have supporting that request. You and the Nominee release Interactive English, its employees and agents, from all liability to you and to the Nominee which arises as a result of the content of any material on any forum.
3.2. You and the Nominee must comply with the Code of Conduct at all times.
3.3. Interactive English may remove any material from any of the forums it runs without cause and without notice.
3.4. Each account you take out with Interactive English is personal to you and you must not permit any other person other than the Nominee to use it. You may not assign any of your rights under this agreement to any person. In particular, if you and the Nominee are different people only the Nominee may use the account.
3.5. You indemnify Interactive English against all loss or damage suffered by Interactive English as a result of you or the Nominee posting any material to any forum, or providing any material to Interactive English. This indemnity includes loss suffered by Interactive English arising from its use of that material whether or not in the course of providing services to you under this agreement.
4. Fees and Payment
4.1. You are required to pay the fees payable under this agreement whether or not you or the Nominee subsequently makes use of the services provided by Interactive English under this agreement.
4.2. You authorise Interactive English to charge all fees which you incur to your nominated credit card including all amounts for options you elect to acquire subsequent to entering into this agreement.
4.3. Interactive English may suspend the performance of all of its obligations under this agreement during any period in which you owe any amount to Interactive English.
4.4. Where you fail to pay any amount when due Interactive English may, in addition to its other rights, charge you interest at the rate of 1.5% per month (or, if less, the highest rate permitted by law) on the outstanding amounts.
5. Termination
5.1. Interactive English may terminate this agreement, and its provision of services to you, immediately where it reasonably forms the opinion that:
(a) the Nominee has submitted material to Interactive English where that material is not their own and without adequate attribution of the work;
(b) the Nominee has infringed the copyright of a third party;
(c) a person other than the Nominee has used your account with your knowledge;
(d) there is usage of your account which is consistent with use by persons other than the Nominee;
(e) any material which has been posted from your account to a forum is defamatory to any person, or which is insulting or otherwise offensive.
Where Interactive English terminates this agreement under this clause it will endeavour to provide you with notice of that termination in writing or by email.
6. Copyright in course and other work
6.1. All copyright, patent, trade mark, trae secret and other rights in the nature of intellectual property rights which are brought into existence by Interactive English during its performance of this agreement vest on creation in Interactive English.
6.2. Where this agreement is terminated early or suspended for any reason, you are not entitled to any refund, credit or reimbursement of any of the amounts you have paid to Interactive English under or in respect of this agreement.
7. Material Submitted to Interactive English
7.1. You, as an agent for the Nominee, grant Interactive English a licence to exercise each of the rights comprised in copyright in all material the Nominee submits to Interactive English including by email or by posting to a forum. That licence cannot be revoked and continues while copyright in the material subsists anywhere in the world.
7.2. Where the Nominee posts material to a forum you, as agent for the Nominee, grant Interactive English a licence to republish that material in any form in any of Interactive English’s materials from time to time. That licence cannot be revoked and survives while copyright over that material remains in force anywhere in the world.
7.3. Interactive English must keep the Nominee’s material confidential during the year in which they submit that material to Interactive English. After the end of that year Interactive English may make any use of that material that it thinks fit, including making that material available over the internet, or publishing it in a hard copy form to third parties.
8. Warranty and Limitation of Liability
8.1. To the extent permissible by law, all warranties implied by law into this agreement are excluded. Where a warranty is implied into this agreement by law and cannot be excluded then, to the extent permissible by law, Interactive English’s total liability for a breach of that warranty is limited, at the election of Interactive English, to one of the following:
(a) in respect of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
(b) in respect of services: the supplying of the services again; or the payment of the cost of having the services supplied again.
8.2. Interactive English does not warrant that any goods or services provided under or in connection with this agreement will improve your grades or your position relative to any other person or any member of your educational cohort.
8.3. Interactive English’s total aggregate liability for all claims under or in relation to this contract, including in respect of goods or services supplied in connection with this agreement, whether in tort, contract, or on any other basis, is limited to the lesser of: (a) the total of all amounts received by Interactive English from you in respect of this contract in the twelve months prior to the cause of action arising; and (b) $1000.
8.4. Interactive English has no liability to you for any loss or damage in the nature of indirect or consequential loss, including any loss of profits, loss of opportunity, inability or failure to find employment, and inability, or failure, to secure entry into a course of education (including university and TAFE colleges) whether or not such loss was within the contemplation of one or more of the parties to this agreement.
9. General
9.1. Interactive English may vary this agreement on 30 days’ notice. That notice may occur by Interactive English making the new terms available on its web site. This agreement cannot otherwise be varied except by agreement in writing between the parties.
9.2. No waiver of any right of a party under this agreement is effective unless in writing signed by that party. Subject to the wording of the waiver, each waiver is only effective in respect of the specific right and the circumstances in which it is given and is not a waiver of any other right or of that right in any other circumstances.
9.3. The following clauses survive the termination of this agreement: 3, 4, 6, 7, 8 and 9.
9.4. This agreement forms the whole of the agreement between the parties in relation to its subject matter and supersedes all previous negotiations, agreements, understandings and representations in relation to that subject matter.
9.5. Where a part of this agreement is held by a court to be illegal or otherwise unenforceable, and the unenforceability of that part does not substantially alter the character of the bargain that would have been in existence between the parties had that part been enforceable, that part is severed and the balance of this agreement will continue unaffected.
9.6. Interactive English is not required to perform any of its obligations under this agreement to the extent it is restricted from doing so by a cause outside the control of Interactive English.
9.7. Except for disputes relating to payment or non payment of amounts owing under this agreement, neither party may commence legal action in relation to this agreement prior to complying with this clause. Where a party considers that there is a dispute between the parties that party must give a notice to the other party setting out the nature of the dispute. Where a party issues a notice under this clause, the parties must meet and attempt to settle the dispute. Where the dispute has not been settled 45 days after the issue of a notice under this clause either party may commence legal action.
9.8. This agreement is governed by the laws in force in the State of New South Wales. The parties submit to the exclusive jurisdiction of courts in that State. Where a party commences action under this agreement that action must be commenced within the State of New South Wales.