WEBSITE & SERVICES TERMS AND CONDITIONS OF USE

MTC Education Pty Ltd’s Disclosures

MTC Education Pty Ltd’s complete terms and conditions are contained below, but some important points for you to know before you access the Website or become a subscriber to the Services are set out below:

  • Your Subscription is subject to a minimum term of 30 days.

  • Unless your Subscription is suspended or terminated in accordance with the Terms, your Subscription will roll over on an ongoing month basis, unless you cancel your Subscription by giving 48 hours notice prior to the expiry of the minimum term.

  • For Platinum Memberships, your Subscription will roll over on an ongoing annual basis, unless you cancel your Subscription by giving 48 hours’ notice prior to the expiry of the annual term.

  • MTC Education Pty Ltd will handle your personal information in accordance with our Privacy Policy, available at https://www.mtceducation.io/en/user/au/v13/node/privacy_policy/

  • Refunds of the Subscription Fee are covered by MTC Education Pty Ltd’s refund policy, available at https://www.mtceducation.io/en/user/au/v13/node/refund_policy/

  • MTC Education Pty Ltd’s liability under the Terms is limited to resupplying of the Services to you, or, in its sole discretion, to repaying you the total amount of the Subscription Fee paid by you to MTC Education Pty Ltd during the term of your Subscription.

  • MTC Education Pty Ltd will not be liable for consequential loss, including any loss or corruption of data.

  • MTC Education Pty Ltd may terminate your Subscription (for a reason other than your breach) at any time by giving 30 days’ notice to you.

  • You indemnify (or compensate) MTC Education Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors against any breaches by you of clauses 5 (Prohibited uses) or 8 (Copyright and Intellectual Property).

Nothing in the Terms limit your rights under the Australian Consumer Law.

  1. About the Website
    1. Welcome to https://mtceducation.io/ (the 'Website'). The Website Online Courses for personal development (the 'Services').
    2. The Website is operated by MTC Education Pty Ltd (ABN 16 652 668 785) (‘MTC Education Pty Ltd’, ‘we’, ‘us’ or ‘our’). Access to and use of the Website, or any of its associated Products or Services, is provided by MTC Education Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Products or Services, immediately.

  2.  Acceptance of the Terms

    1. You accept the Terms by using the Website, accessing our services, or, if applicable, by clicking to accept or agree to the Terms where this option is made available to you by MTC Education Pty Ltd in the user interface. Continued use of the Website or services following updates to the Terms constitutes your acceptance of the updated Terms.

  3. Subscription to use the Services
    1. In order to access the Services via the Website, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). In order to purchase a Subscription, you must first be invited to the Website by a sponsor, who will provide you with a link or code. You must use this link or code when purchasing the Subscription.
    2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your intended uses and purposes.
    3. Unless the Subscription is suspended or terminated in accordance with the Terms, the Subscription will roll over on an ongoing monthly basis, and you will be charged the same Subscription Fee on an ongoing monthly basis on and from the first date of the Subscription. Platinum Subscriptions will roll over on an annual basis and you will be charged the same Subscription Fee on an ongoing annual basis from the first date of the Subscription. Without limiting your rights under the Australian Consumer Law, you can cancel the Subscription at any time in accordance with the “Termination of Contract” clause 12 of the Terms, but the cancellation will only have effect from expiry of the monthly period for which you have paid the Subscription Fee.
    4. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
    5. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. Password
      2. Email
    6. You warrant that any information you give to MTC Education Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
    7. Once you have completed the registration process, you will be a registered member of the Website ('Member'). As a Member, you will be granted immediate access to the Services from the time you have completed the registration process (including by making payment of the first instalment of the Subscription Fee) until the subscription period expires (the 'Subscription Period').
    8. You must not use the Services and must not accept the Terms if:
      1. you are not of legal age to form a binding contract with MTC Education PTY LTD; or
      2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a Member: As a Member, you agree to comply with the following:

    1. you will use the Services only for purposes that are permitted by:

      1. the Terms; and

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

    2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

    3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MTC Education Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

    4. access and use of the Website is limited, non-transferable (unless we otherwise agree in writing), and allows for the sole use of the Website by you for the purposes of MTC Education Pty Ltd providing the Services;

    5. you will not use the Services, Website or Network in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of MTC Education Pty Ltd;

    6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

    7. You must not solicit, advertise, promote, or sell any products, services, or commercial opportunities to other Members within the community, network, or any associated social media platforms (including but not limited to Facebook), whether through direct messages, posts, or any other forms of communication. This prohibition extends to any communication that occurs outside of the official platforms if it involves contacts made within the community or network. Any attempt to do so may result in the removal of such content, termination of your membership or Services, and may also lead to legal action being taken against you.

    8. you acknowledge and agree that any automated use of the Website or its Services is prohibited; and

    9. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by MTC Education Pty Ltd for any illegal or unauthorised use of the Website;

    10. You must not create, maintain, or use multiple active accounts on the Website or within the Services at any one time. Each Member is allowed only one active account, which must be registered with accurate and current information. Creating or using multiple accounts, whether for the purpose of bypassing restrictions, engaging in prohibited activities, or for any other reason, is strictly prohibited. This includes, but is not limited to, creating multiple accounts to take advantage of promotions, mislead other members, or circumvent suspensions or bans.  If it is discovered that you have multiple active accounts, MTC Education Pty Ltd reserves the right to terminate all associated accounts without notice and may take further action, including, but not limited to, legal action. Additionally, any benefits, credits, or rewards obtained through the use of multiple accounts may be forfeited;

    11. You must not create, promote, manage, or participate in any private groups, sub-communities, or external communication channels (including but not limited to Facebook Messenger, WhatsApp, or similar platforms) that fragment the community, misrepresent MTC Education Pty Ltd, detract from the value of the official platform, or provide unauthorised training or guidance. Any bonuses, rewards, or other benefits accrued during the violation of this clause may be withheld, forfeited, or reclaimed by MTC Education Pty Ltd at its sole discretion;

    12. During the term of your membership and for a period of 12 months following the termination or cancellation of your membership, you agree not to, directly or indirectly, engage in any business or activity that competes with the services provided by MTC Education Pty Ltd. This includes, but is not limited to:  Providing services, courses, or educational content similar to those offered by MTC Education Pty Ltd, either independently or in collaboration with others; Soliciting, inducing, or encouraging any current members, employees, or contractors of MTC Education Pty Ltd to terminate their relationship with the company or to join a competing business or service; Creating, developing, or assisting in the development of any online platforms, communities, or services that are similar to or compete with those offered by MTC Education Pty Ltd; Using or disclosing any proprietary or confidential information obtained through your membership with MTC Education Pty Ltd for the purpose of creating or promoting a competing business. These restrictions apply globally, unless otherwise specified. Any violation of this non-compete clause may result in immediate termination of your membership, legal action, and the pursuit of damages as deemed appropriate by MTC Education Pty Ltd.

  5. Prohibited uses: When using the Website or the Services, you must not do or attempt to do anything that is unlawful or inappropriate, including:

    1. violating any individual’s privacy, including uploading private or personal information without an individual’s consent, or infringing on any other legal rights;

    2. using the Website or the Services to defame, harass, threaten, menace, or offend any person, including through the sending of unsolicited electronic messages;

    3. tampering with or modifying the Platform, including transmitting viruses, using trojan horses, or engaging in any other malicious activities

    4. engaging in unauthorised data mining, screen scraping, or similar data gathering and extraction tools on the Website;

    5. infringing on the intellectual property rights of MTC Education Pty Ltd or any third party;

    6. acccessing or attempting to access the Website or Services through unauthorised means, such as hacking or password mining;

    7. impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;

    8. engaging in any unlawful activities or promoting illegal activities through the Website or the Services;

    9. uploading or distributing any content that is illegal, harmful, threatening, abusive, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable;

    10. attempting to bypass or disable any security features of the Website or Services;

    11. making or encouraging false, misleading, or defamatory statements about MTC Education Pty Ltd, its affiliates, employees, or other members in any online or public forum; or

    12. facilitating or assisting a third party in performing any of the above acts.

  6. Payment
    1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
      1. Credit Card Payment ('Credit Card'); or

      2. any other payment option available on the Website 

    2. All payments made in the course of your use of the Services are made using our third party payment processor engaged. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third party payment processor’s terms and conditions which are available on their website.

    3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with us collecting or recovering the Subscription Fee.
       
    4. You agree and acknowledge that MTC Education Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period. If you do not agree to the variation to the Subscription Fee, you may cancel the Subscription, without penalty and effective at the conclusion of the existing Subscription Period, by giving MTC Education Pty Ltd written notice prior to the change taking effect.

    5. MTC Education Pty Ltd may, at its discretion, grant a 5 day grace period for late payments, however, any recurring or repeated failure to make payment by you may result in MTC Education Pty Ltd suspending your Account or terminating these terms in accordance with clause 13 

  7. Refund Policy

    1. Once you have subscribed to MTC Education Pty Ltd and made the payment for the monthly or annual subscription, all sales are considered final. We do not offer refunds, returns, or exchanges for any reason, including but not limited to dissatisfaction with the service, change of mind, or lack of trading success.

    2. Please refer to MTC Education Pty Ltd’s refund policy available on the Website for information on refunds of the Subscription Fee.

  8. Copyright and Intellectual Property
    1. The Website, the Services and all of the related products of MTC Education Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. As between MTC Education Pty Ltd and you, unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by MTC Education Pty Ltd or its contributors.
    2. As between MTC Education Pty Ltd and you, all trademarks, service marks and trade names are owned, registered and/or licensed by MTC Education Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, non-sublicensable, non-transferable and revocable license whilst you are a Member, to:
      1. use the Website pursuant to the Terms;
      2. copy and store the Website and the material contained in the Website in your device's cache memory; and
      3. print pages from the Website for your own personal and non-commercial use. MTC Education Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by MTC Education Pty Ltd 

    3. As between MTC Education Pty Ltd and you, MTC Education Pty Ltd retains all rights, title and interest (including intellectual property rights and moral rights) in and to the Website and all related Services. Nothing you do on or in relation to the Website, and nothing in the Terms, will transfer or assign any:

      1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

    4. MTC Education Pty Ltd grants to you a worldwide, non-exclusive, royalty-free, non-sublicensable, non-transferable and revocable licence to its intellectual property rights in the Services whilst you have a Subscription that is paid up to date, so as to allow you to use and enjoy the benefits of the Services.

    5. You may not, without the prior written permission of MTC Education Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by the Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

    6. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Website, you agree to maintain a backup copy of any data you input into the Website.

  9. Privacy

    1. MTC Education Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to MTC Education Pty Ltd’s Privacy Policy, which is available on the Website.

  10. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to clause 9.1, and to the maximum extent permitted by law all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.
    3. To the maximum extent permitted by law, use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. To the maximum extent permitted by law, none of the affiliates, directors, officers, employees, agents, contributors and licensors of MTC Education Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of MTC Education Pty Ltd) referred to on the Website, including (but not limited to) as to:
      1. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      2. any costs incurred as a result of you using the Website, the Services or any of the products of MTC Education Pty Ltd; orcosts incurred as a result of you using the Website, the Services or any of the products of MTC Education PTY LTD; and
      3. the Services or operation in respect to links, which are provided for your convenience.
  11. Education Services
    1. You represent, warrant and agree that any information, advice, material, work and services (including the Services and content on the Website) provided by MTC Education Pty Ltd or its employees under the Terms does not constitute legal, financial, merger, due diligence or risk management advice. By using our services, you agree that MTC Education Pty Ltd is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold MTC Education Pty Ltd liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by MTC Education Pty Ltd, and to the maximum extent permitted by law, you waive and release MTC Education Pty Ltd and its employees from and against any such liability, however arising, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    2. All our information on both the Website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and MTC Education Pty Ltd takes no responsibility for your actions, choices or decisions.
  12. Limitation of liability
    1. Despite anything to the contrary, and to the maximum extent permitted by law, MTC Education Pty Ltd's total liability arising out of or in connection with the Services, the Website and the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will be limited to MTC Education Pty Ltd resupplying the Services to you, or, in its sole discretion, to repaying you the total amount of the Subscription Fee paid by you to MTC Education Pty Ltd during the term of your Subscription.
    2. Despite anything to the contrary, and to the maximum extent permitted by law, MTC Education Pty Ltd nor you will be liable for any special, indirect or consequential loss or damage, including any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, however arising, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    3. Despite anything to the contrary, and to the maximum extent permitted by law, each party’s liability for any liability, however arising, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, under the Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel (including a Party’s Authorised Users), including any failure by that Party to mitigate its losses.

  13. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by MTC Education Pty Ltd as set out below or otherwise in accordance with these Terms.

    2. If you want to terminate the Terms (including to cancel your Subscription), you may do so, effective immediately, by:

      1. providing MTC Education Pty Ltd with at least 48 hours’ written notice prior to the conclusion of the existing Subscription Period. Your notice should be sent, in writing, to MTC Education Pty Ltd via the 'Contact Support via Back Office' link on our homepage. Upon receipt of your cancellation notice, your subscription and access to the Services will be terminated immediately. No partial refunds will be issued for unused portions of your subscription period.

    3. MTC Education Pty Ltd may at any time, terminate the Terms:

      1. if you have breached any provision of the Terms that is incapable of remedy;

      2. if you have breached any provision of the Terms that is capable of remedy and you have failed to remedy the breach within 7 days of being notified of the breach by MTC Education Pty Ltd;

      3. If you breach clause 4.11, MTC Education Pty Ltd reserves the right, at its sole discretion, to withhold, forfeit, or reclaim any bonuses, rewards, or other benefits accrued.

      4. if MTC Education Pty Ltd is required to do so by law;

      5. for its convenience, by giving you 30 days’ notice.

    4. Subject to local applicable laws, MTC Education Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts MTC Education Pty Ltd’s name or reputation or violates the rights of those of another party or if you use the Website or the Services in an improper or offensive manner..
  14. Indemnity
    To the maximum extent permitted by law, you agree to indemnify MTC Education Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors (each an ‘Indemnified Party') from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees on a full indemnity basis) incurred or suffered by and Indemnified Party arising out of or in connection with  any breach by you of clauses 5 (Prohibited uses) or 8 (Copyright and Intellectual Property) of the Terms.
  15. Modifications To The Terms
    1. We may modify these Terms or the Policies (and update the pages on which they are displayed) from time to time. We will send notification of such modifications to your account or advise you the next time you login.
    2. When you actively agree to the terms (for example, by clicking a button saying “I accept”) or use the website or services in any manner after the notification referred to in clause 15.1 the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 5 days after they are initially notified to you.
    3. If you do not agree with any changes to these Terms (or any of our Policies), your sole recourse is to terminate your Account and discontinue your use of the Application.
  16. Dispute Resolution
    1. Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
      A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Society of New South Wales;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Australia.
    4. Confidential:
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  17. Venue and Jurisdiction
    In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
  18. Governing Law
    The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. 
  19. Independent Legal Advice
    Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade. 
  20. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
  21. Third party sites:
    The Website may contain links to websites operated by third parties. Unless MTC Education Pty Ltd tells you otherwise, MTC Education Pty Ltd does not control, endorse or approve, and is not responsible for, the content on those websites. MTC Education Pty Ltd recommends that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not MTC Education Pty Ltd.

    Last updated: 30 November 2024