Terms of Service

1. Introduction

Welcome to Symbisconc ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our English learning services, website at symbisconc.com, and any related services provided by Symbisconc Pty Ltd, a company incorporated in Australia.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

2. Definitions

• "Services" refers to all educational services, courses, tutoring, assessments, and related materials provided by Symbisconc
• "User," "you," or "your" refers to any individual who accesses or uses our Services
• "Content" refers to all materials, including but not limited to text, images, videos, audio, and interactive elements
• "Account" refers to your registered user account with Symbisconc

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years old to use our Services. Users under 18 must have parental or guardian consent to create an account and use our Services.

3.2 Account Creation

To access certain features of our Services, you must create an account by providing accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains accurate and up-to-date

4. Services and Course Enrollment

4.1 Course Access

Upon enrollment and payment, you will receive access to the specific courses or services purchased. Access is granted for the duration specified in your enrollment agreement.

4.2 Course Completion and Certificates

Completion certificates are awarded based on meeting the specified requirements for each course. Certificate issuance is subject to:

• Successful completion of all required coursework
• Meeting minimum attendance requirements (for live sessions)
• Achieving required assessment scores
• Full payment of all fees

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice of significant changes that may affect your access to purchased services.

5. Payment Terms

5.1 Fees and Payment

All fees are quoted in Australian Dollars (AUD) and include applicable taxes unless otherwise stated. Payment is due according to the terms specified at the time of enrollment.

5.2 Refund Policy

Refunds are provided in accordance with Australian Consumer Law and our specific refund policy:

• Cooling-off Period: 14-day cooling-off period for online purchases over $100
• Course Cancellation: Full refund if we cancel a course
• Withdrawal Policy: Partial refunds may be available for withdrawal before course commencement
• Exceptional Circumstances: Refunds considered on a case-by-case basis for medical or other serious circumstances

5.3 Late Payments

Late payment may result in suspension of access to Services until payment is received. Additional fees may apply for overdue accounts.

6. User Conduct and Responsibilities

6.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, threatening, or offensive content
• Attempt to gain unauthorized access to our systems
• Share account credentials with unauthorized users
• Use our Services for commercial purposes without permission

6.2 Academic Integrity

Students are expected to maintain academic integrity by:

• Completing assessments independently unless group work is specified
• Not sharing assessment answers or solutions
• Properly attributing sources in written work
• Not engaging in plagiarism or cheating

7. Intellectual Property Rights

7.1 Our Content

All course materials, content, and intellectual property provided through our Services remain the exclusive property of Symbisconc or our licensors. This includes:

• Course curricula and lesson plans
• Video and audio recordings
• Written materials and handouts
• Assessment tools and methodologies
• Software and technology platforms

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Content solely for your personal educational purposes during your enrollment period.

7.3 User-Generated Content

By submitting content to our platform (assignments, forum posts, etc.), you grant us a non-exclusive license to use, modify, and display such content for educational and administrative purposes.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. By using our Services, you consent to our privacy practices as described in the Privacy Policy.

9. Disclaimers and Limitations

9.1 Service Availability

While we strive to provide uninterrupted access to our Services, we cannot guarantee that our Services will be available at all times. We may experience downtime for maintenance, updates, or due to factors beyond our control.

9.2 Learning Outcomes

While our courses are designed to help improve English proficiency, we cannot guarantee specific learning outcomes or test scores. Individual results may vary based on factors including:

• Student effort and engagement
• Prior knowledge and experience
• Individual learning style and capabilities
• Consistency of participation

9.3 Third-Party Services

Our Services may integrate with or link to third-party services. We are not responsible for the availability, content, or practices of these third-party services.

10. Limitation of Liability

To the maximum extent permitted by Australian law:

• Our liability is limited to the amount you paid for the specific Service that gave rise to the claim
• We exclude liability for indirect, consequential, or special damages
• We exclude liability for loss of profits, data, or business opportunities
• Nothing in these Terms excludes or limits liability that cannot be excluded under Australian Consumer Law

11. Indemnification

You agree to indemnify and hold harmless Symbisconc, its officers, directors, employees, and agents from any claims, losses, damages, or expenses arising from:

• Your violation of these Terms
• Your use of our Services
• Your violation of any third-party rights
• Any content you submit or transmit through our Services

12. Suspension and Termination

12.1 Termination by You

You may terminate your account at any time by contacting our customer service team. Termination does not automatically entitle you to a refund.

12.2 Termination by Us

We may suspend or terminate your access to our Services immediately if you:

• Violate these Terms
• Fail to pay required fees
• Engage in conduct that may harm our reputation or other users
• Violate applicable laws

12.3 Effect of Termination

Upon termination:

• Your access to Services will cease immediately
• You must stop using all course materials
• Certain provisions of these Terms will survive termination

13. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to:

• Cancel your service contract and obtain a refund
• Choose a replacement service or refund if replacement is not possible

For minor failures, we will provide remedy within a reasonable time.

14. Dispute Resolution

14.1 Internal Resolution

If you have a complaint or dispute, please contact us first at [email protected]. We are committed to resolving issues promptly and fairly.

14.2 External Resolution

If we cannot resolve your complaint internally, you may contact relevant Australian consumer protection agencies or seek resolution through:

• Australian Competition and Consumer Commission (ACCC)
• State and territory fair trading agencies
• Industry ombudsman services where applicable

14.3 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any legal proceedings must be commenced in the courts of Victoria.

15. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services or legal requirements. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending email notifications for significant changes
• Providing notice during your use of our Services

Continued use of our Services after changes constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Information

For questions about these Terms or our Services, please contact us:

18. Entire Agreement

These Terms, together with our Privacy Policy and any specific course enrollment agreements, constitute the entire agreement between you and Symbisconc regarding your use of our Services.