Terms & Conditions

Kincardin Pty Ltd

1.General

(a) The terms and conditions set out below (Terms) are issued by Kincardin Pty Ltd (ACN 159 716 453) trading as My Sprint (My Sprint) and govern your use of www.mysprint.com.au, and all other My Sprint software platforms and offerings (together, the Platform) provided, used, owned, operated, and/or issued for sale and/or used by My Sprint (us/we).

(b) By using the Platform you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform unless otherwise expressly allowed for in writing by us.

(c) We reserve the right to vary any of the Terms, or any other policy or guideline regarding or available via the Platform, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Platform.

(d) You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform which are made available via the Platform and amended from time to time, to periodically be aware of any variations to the Terms and acknowledge that your use of the Platform constitutes an agreement by you to be bound by the Terms as amended or varied from time to time. If you do not agree to any of the amended terms, you must not use the Platform or purchase our products or services.

2.You

(a) References to “You” (you) may vary throughout this agreement, depending if you are, parent (or guardian), a student , or tutor. If there is a specific section that applies to You as a student, parent or tutor this will be expressly stated in this agreement, otherwise a reference to “You” will apply to all users of the Platform equally

(b) You must be 18 years or older or be 13 or older and have authorisation from a parent or guardian in order to be bound by these Terms and to use the Platform.

(c) Parents or guardians who are responsible for purchasing our products and services will be bound by these Terms and will be held liable if the student under 18 breaches any of the Terms.

(d) You, at all times:

(i) warrant that your use of the Platform does not violate any applicable laws;

(ii) confirm that you have elected to use the Platform of your own free will;

(iii) confirm that you have not previously been suspended or removed from the Platform;

(iv) acknowledge that your use of the Platform may result in data usage charges from your mobile or internet provider;

(v) acknowledge that your use of the Platform may provide access to, and interaction with, third parties and their content, messages, images, or other materials;

(vi) will always use the Platform, in a respectful, inoffensive and courteous manner;

(vii) agree to provide accurate, current and complete information about yourself as you may be prompted by registration forms on the Platform, including registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”; “Eventbrite” and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;

(viii) agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application.

(ix) agree to maintain the security of your password and to keep your details correct and updated on the Platform;

(x) use the Platform at your own risk;

(xi) acknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content subject to privacy legislation and our Privacy Policy; and

(xii) agree that, you cannot create an account in the name or capacity of a corporate entity.

3.Our Offering

(a) These terms apply in relation to your use of the Platform and our products or services purchased by you from time to time.

(b) Using the Platform in accordance with these Terms will allow you to purchase and subscribe to our online content services (Services) on an ongoing basis (the Subscription) and purchase other tutorial sessions or packages offered for sale by us, as made available from time to time (the Products).

(c) You agree and acknowledge that we may grant you access to a range of content and/or products created and sold by third parties, and/or our other Related Entities (as defined in the Corporations Act 2001 (Cth), which content and products may vary from time to time, in our absolute discretion (Third Party Products).

(d) You agree and acknowledge that we are not responsible nor liable for any obligations that any Third Party Product supplier may have to you.

(e) You acknowledge that we may use the information that you provide on the Platform in order to market and suggest Services, Subscriptions, Products and/or Third Party Products that may be appropriate for you.

(f) You acknowledge that any recommendations that we make are suggestions only, and that we make no warranty of any kind in relation to these suggestions as to Services, Subscriptions, Products and/or Third Party Products and You release us from all liability in this respect.

4.Your Account

(a) Following payment for our Services, Subscriptions, Products and/or Third Party Products, You will be given access to the Platform to utilise your Subscription, Products and/or the Third Party Products (Your Account).

(b) Access to the Subscription, Services, Products and/or Third Party Products will vary depending on whether the user is a student, parent (or guardian) or tutor.

(c) Your Account is not transferrable to any other entity or person. You are the sole owner of Your Account and only you can retain, access and use Your Account. Your Account is your full responsibility and you must keep Your Account in good, proper and fit-for-use condition.

5.Purchase

(a) In order to receive our Services, Products and/or Third Party Products you must make payment as follows:

(i) payment must be made in advance on a fortnightly or ad hoc basis (depending on the type of Services, Products or Third Party Products you require);

(ii) payment details must be provided to us over the telephone. We may from time to time change this method to a secure online platform;

(iii) payment must be made via credit or debit card. We accept Visa, Mastercard and American Express; and

(iv) we use Stripe to ensure that your payment information is kept safe and secure. We may from time to time change Stripe as our service provider, in our absolute discretion, and without notice to you.

(b) After you have paid for your Services, Products and/or Third Party Products in accordance with clause 5(a)(i), you agree and acknowledge that:

(i) we will continue to charge you fortnightly in advance for the costs pursuant to your Subscription until the services cease (the Subscription Period);

(A) your Subscription has a recurring payment feature and you agree to us charging you for these payments during the Subscription Period without further authorisation from you; and

(B) we may vary the price of your Subscription at any time by updating our pricing on our Platform.

(ii) we will charge you for Products and/or Third Party Products in advance on an ad hoc basis or provide you with external links to purchase such items, which may vary from time to time, as determined in our absolute discretion.

(с) All prices include GST

(d) nvoices are delivered electronically prior to or after a payment is processed. You must ensure that the nominated address that you have provided in Your Account is correct to issue you with an invoice.

(e) We reserve the right to vary the prices of our Services, Subscription, Products and/or the Third Party Products at any time, in our absolute discretion. Any such changes to prices will be visible and displayed on the Platform and/or notified to you in advance.

(f) The information on the Platform constitutes an invitation to treat, and your offer to purchase the Subscription, Products and/or Third Party Products will not be accepted by us until your payment has been successfully processed, we have received your payment in cleared funds, and you have received a receipt from us that includes the transaction number, and confirmation from us, which will confirm the Subscription, Products, or Third Party Products that you have nominated to purchase (your Order).

(g) Once your Order is complete, either we or the Third Party Product supplier will grant you access to use the Subscription Products and/or Third Party Products through the Platform.

7.Rescheduling, Refunds and Replacement

In this section, “Tutoring Session” means each discrete session between the student and tutor which involves the provision of tutoring services either in person or by some other means up to a maximum number of sessions as stipulated

(a) You may reschedule your Tutoring Session at any time by contacting us at support@mysprint.com.au or by text to 0488 854 138 but no later than:

(i) 10:00am on the morning of a Tutoring Session scheduled Monday to Friday; or

(ii) 5:00pm on the evening prior to a Tutoring Session scheduled Saturday, Sunday or on a public holiday.

(b) Unless otherwise indicated by you, you must notify us in accordance with clause 7(a) if you need to start/stop a Tutoring Session because it falls between, or at the end of, a school term.

(c) Where notice has been provided in accordance with clause 7(a) and a Tutoring Session cannot reasonably be rescheduled within the school term, we will approve a refund for that Tutoring Session provided the student completes 70% of their subscribed Tutoring Sessions within the Subscription Period.

(d) If a student fails to complete 70% of their subscribed Tutoring Sessions within the Subscription Period, we may, in our absolute discretion, refuse to provide a refund and/or may cancel future Tutoring Sessions in accordance with clause 8(c).

(e) Refunds will be provided within 10 business days of approving your refund.

(f) We do not provide refunds for change of mind or if you are dissatisfied with our services but understand that it takes time to build a relationship between a tutor and student which can be difficult to establish during a first Tutoring Session.

(g) If you are not satisfied with our services, please contact us at support@mysprint.com.au or by text to 0488 854 138 immediately so that we can replace the tutor and match the student with another suitable tutor if the tutor we select for the student is not the right fit.

(h) For more information, please refer to our Parent’s Guide available via the Platform.

8.Termination

(a) Termination or variation of Your Account will not take effect until you receive confirmation from us in writing.

(b) We may in our absolute discretion elect not to renew your Subscription or refuse to provide you our Services, Products and/or Third Party Products for any reason and at any time

(c) We may cancel your Subscription, Products and/or Third Party Products without notice to you, if we determine that you are misusing them in contravention of these Terms, including but not limited to, acting fraudulently, failing to pay for the Services, Subscription, Products and/or Third Party Products and/or failing to rectify a breach, as advised by us, within seven (7) days of receiving the notice of the breach.

(d) You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.

9.Rewards

(a) We may offer bonus rewards and offers to you (Rewards), to be used in relation to the purchase of our Services, the Subscription, Products and/or Third Party Products in our absolute discretion.

(b) The Rewards may be provided by us and/or third party suppliers. We are in no way responsible or liable for any changes that may be made to the Rewards. We are in no way liable for the actions of any third party supplier of the Rewards, including but not limited to eligibility criteria, value of the Rewards, expiry dates and items to which the Rewards applies. The Rewards may only be offered and redeemed through the Platform and you will be required to follow the instructions that are contained in the Platform in order to redeem the Rewards.

(с) We will not be liable for any loss, damage, costs or injury suffered in relation to any Rewards. We will not be held responsible for, or liable in regards to, any of a third party’s obligations to you, which are contained within the Rewards or otherwise associated with the Rewards. Any issues and/or questions that you may have in regards to the third party Rewards must be communicated to the third party provider directly.

10.Restrictions

When accessing or using the Platform, you must not, at any time:

(a) use the Platform for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;

(b) use the Platform in any way that could damage our reputation or the goodwill or other rights associated with Our Content (as defined below);

(c) use or attempt to use another user’s account in any circumstances;

(d) harass, abuse, intimidate, bully, or otherwise offend any other user of the Platform;

(e) violate any legislative, common law or equitable rights of any third parties;

(f) send any content which:

(i) contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;

(ii) impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;

(iii) encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

(iv) is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(v) contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;

(vi) contains viruses, corrupted data or other harmful, disruptive or destructive files; or

(vii) in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose us or our Related Entities or its users to any harm or liability of any type.

11.Us

You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:

(a) modify, discontinue, freeze or terminate, temporarily or permanently, your access to the Platform in whole or in part;

(b) assign our interests outlined in these Terms; and/or

(b) run advertisements and promotions on the Platform, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions.

12.Our Content

(a) Except as otherwise expressly indicated by us in writing, the Platform and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Platform, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The Platform and all of Our Content is copyrighted - (c) 2019 Kincardin Pty Ltd trading as My Sprint All Rights Reserved.

(b) We, our Related Entities or licensors own all intellectual property rights in relation to the Platform and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

13.Limited Licence

(a) We hereby grant you a non-exclusive, limited, non-sublicensable licence to access the Platform and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:

(i) use Our Content other than for its intended purpose;

(ii) distribute or display Our Content without our prior permission;

(iii) modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;

(iv) use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;

(v) download any music and/or video content from the Platform, however, you are entitled to stream Our Content;

(vi) use Our Content for any commercial use; or

(vii) copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Platform, including all page headers, custom graphics, button icons and scripts.

(b) To request permission for uses of Our Content not included in the foregoing licence, you must contact us by email to: webmaster@mysprint.com.au.

14.Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users

15.Copyright Complaint Policy

(a) Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address admin@mysprint.com.au.

(b) fWe suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.

16.Repeat Infringer Policy

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

17.Warranty Disclaimer

(a) Except as expressly provided to the contrary in writing by us, or the Platform, the materials contained therein, the Services, the Subscription, the Products and the Third Party Products are provided on an "as is" basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Services, the Subscription, the Products and the Third Party Products, information, content and materials on the Platform. We do not represent or warrant that materials in the Platform are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Platform the Services, the Subscription, the Products and/or the Third Party Products, or any portion thereof.

(b) We are not responsible for typographical errors or omissions relating to the Platform, the Services, Subscription, the Products and the Third Party Products, availability, pricing, text or imagery. In the event that any information displayed on the Platform or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, the Subscription, Product and/or Third Party Product features or other information, you agree that we may terminate any agreement arising from any acceptance of an offer made in this regard, despite the fact that you have received a confirmation email. In this event, a refund will be approved and provided in accordance with clause 8(e).

(с) While we attempt to make your access to and use of the Platform safe, we cannot and do not represent or warrant that the Platform and/or app server(s) are free of viruses or other harmful components, or that defects will be corrected, therefore, you should use industry-recognised websites and/or apps to detect and disinfect viruses from any download or use of the software application.

(d) We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by third parties. We are not responsible for any entity that claims to be authorised on its behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.

18.Limitation Of Liability

(a) We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Platform, the Services, the Subscription, the Products and the Third Party Products, except for the Statutory Rights

(b) You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our directors, officers, employees or agents, our Related entities or directors, officers, employees or agents of our Related Entities arising out of or in any way relating to your purchase or use of the Services, Subscription, Products, Third Party Products, your use of the Platform, Our Content or the materials contained in or accessible through the Platform, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Platform or Platform content, or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Platform. You use the Platform at your own risk and purchase the Services, Subscription, the Products and the Third Party Products at your own risk.

(c) Without limitation of the foregoing, neither we nor our directors, officers, employees or agents, nor our Related Entities nor directors, officers, employees or agents of our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase or use of the Services, Subscription, the Product and/or the Third Party Products, the use of the Platform, the content or the materials contained in or accessible through the Platform, including without limitation any damages caused by or resulting from your reliance on any of Our Content or other information obtained from us or accessible via the Platform, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs

(d) In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the purchase or use of the Platform, the Services, Subscription, Products and/or Third Party Products exceed any amount that you pay to us, if any, for the purchase of the applicable Services, Subscription, Products and/or Third Party Products.

(e) We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.

(f) We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or computer device, that may result from your use of our Platform.

(g) We take no responsibility and assume no liability for any Rewards, the Services, the Subscription, the Products, the Third Party Products, content or communication that you may receive from the provider, nor any of the changes that the provider may make to the Services, Subscription, the Products and the Third Party Products.

19.Indemnity

You agree to indemnify us and our directors, a employees or agents, our Related Entities or its directors, officers, employees or agents of our Related Entities from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.

20.Applicable Law and Venue

The Services, Subscription, Products, Third Party Products, and the Platform are accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services, Subscription, Products, Third Party Products and/or the Platform will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the Services, Subscription, Products, Third Party Products and/or the Platform will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.

21.Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions

22.Notices

You agree that we have the right to send you certain information in connection with the Services, Subscription, Products, Third Party Products and/or the Platform. We may send you this and any other information in sms to the mobile number you provided for Your Account, or we may send you an e-mail to the address you provided for Your Account. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Services, Subscription, Products, Third Party Products and/or the Platform. Notices provided to you via sms and/or e-mail will be deemed given and received on the transmission date of the the sms and/or e-mail. As long as you access and use the Services, Subscription, Products, Third Party Products and the Platform, you agree that you will have, or have access to, the necessary Platform and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Services, Subscription, Products, Third Party Products and/or the Platform.

23.Waiver

You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.

24.Questions And Comments

If you have any questions regarding these Terms, the Services, Subscription, the Products or the Third Party Products or your use of the Platform, please submit them to us, using the email address, support@mysprint.com.au.