TERMS OF USE
1. ACCEPTANCE OF TERMS
Welcome to MeritVy Learning Centre ("MeritVy", "we", "us", or "our"). By accessing or using our website, services, or facilities, you agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
2. DEFINITIONS
- "Services" means all educational services, tutoring programs, exam preparation courses, and technology education programs offered by MeritVy
- "Student" means any person enrolled in MeritVy programs
- "Parent/Guardian" means the legal guardian or parent of a Student
- "User" means any person accessing our website or services
- "Centre" means any MeritVy Learning Centre location
3. ELIGIBILITY AND REGISTRATION
3.1 Age Requirements
Students must be appropriately aged for their enrolled programs. Parents or legal guardians must register students under 18 years of age.
3.2 Account Registration
- You must provide accurate, current, and complete information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You must notify us immediately of any unauthorised use of your account
- You are responsible for all activities that occur under your account
3.3 Parental Consent
Parents/guardians enrolling students under 18 years must have legal authority to do so and consent to these terms on behalf of the student.
4. SERVICES PROVIDED
4.1 Educational Programs
MeritVy offers:- Academic tutoring across various subjects for Years 1-10
- Exam preparation (NAPLAN, OC, Selective Schools, ICAS, ACER/EDUTEST scholarships)
- Code to AI Pathway technology education programs
- Additional educational services as advertised
4.2 Service Delivery
- Services may be provided in-person at our Centres or online
- We reserve the right to determine class sizes, groupings, and teaching methodologies
- Curriculum and program content may be updated at our discretion to maintain educational standards
4.3 No Guarantee of Results
While we strive for excellence, we do not guarantee specific academic outcomes, exam scores, or school placements.
5. ENROLMENT AND PAYMENT TERMS
5.1 Enrolment
- Enrolment is subject to availability and acceptance by MeritVy
- We reserve the right to refuse enrolment or terminate services at our discretion
- Placement assessments may be required for certain programs
5.2 Fees and Payment
- All fees must be paid in accordance with the payment schedule provided at enrolment
- Fees are subject to change with reasonable notice
- Late payment may result in suspension of services
- Payment methods accepted are as specified during enrolment
5.3 Term Commitment
- Programs may require minimum term commitments as specified at enrolment
- Withdrawal before term completion may result in forfeiture of fees as outlined in our Refund Policy
6. ATTENDANCE AND CONDUCT
6.1 Attendance
- Regular attendance is expected and essential for academic progress
- Notification of absence should be provided as soon as possible
- Missed classes may not be eligible for makeup sessions unless otherwise specified
6.2 Student Conduct
Students must:- Respect staff, other students, and Centre property
- Follow all Centre rules and safety guidelines
- Complete assigned work to the best of their ability
- Not engage in disruptive, dangerous, or inappropriate behaviour
6.3 Disciplinary Action
We reserve the right to:- Issue warnings for inappropriate behaviour
- Temporarily suspend students
- Permanently terminate enrolment for serious or repeated violations
- No refund will be provided for termination due to conduct violations
7. INTELLECTUAL PROPERTY
7.1 Ownership
All content, materials, curriculum, teaching resources, software, and intellectual property provided by MeritVy remain our exclusive property.
7.2 Limited License
You are granted a limited, non-exclusive, non-transferable licence to access and use materials solely for personal educational purposes.
7.3 Restrictions
You may not:- Copy, reproduce, or distribute our materials without written permission
- Use our content for commercial purposes
- Modify, reverse engineer, or create derivative works
- Share login credentials or access with unauthorised parties
8. PRIVACY AND DATA PROTECTION
8.1 Information Collection
We collect and process personal information as outlined in our Privacy Policy, which forms part of these Terms.
8.2 Consent
By using our services, you consent to the collection and use of information in accordance with our Privacy Policy.
8.3 Student Records
We maintain educational records in compliance with applicable privacy laws and will not disclose student information except as permitted by law or with parental consent.
9. WEBSITE USE
9.1 Acceptable Use
You agree not to:- Use the website for any unlawful purpose
- Attempt to gain unauthorised access to any systems or networks
- Interfere with or disrupt the website or servers
- Upload viruses or malicious code
- Collect information about other users without consent
9.2 User Content
If you submit content to our website (reviews, comments, etc.):- You grant us a non-exclusive licence to use, reproduce, and display such content
- You represent that you have the right to submit such content
- We reserve the right to remove any content at our discretion
10. HEALTH AND SAFETY
10.1 Medical Information
Parents must disclose relevant medical conditions, allergies, or special needs that may affect the student's participation in programs.
10.2 Emergency Situations
We reserve the right to seek emergency medical treatment for students if necessary. Parents will be notified as soon as reasonably possible.
10.3 Assumption of Risk
Participation in certain activities may involve inherent risks. Parents acknowledge these risks and agree that students participate voluntarily.
11. LIMITATION OF LIABILITY
11.1 Service Limitations
TO THE MAXIMUM EXTENT PERMITTED BY LAW:- MeritVy is not liable for any indirect, incidental, consequential, or punitive damages
- Our total liability shall not exceed the fees paid for the specific service giving rise to the claim
- We are not responsible for student outcomes, exam results, or school placements
11.2 Third-Party Services
We are not responsible for any third-party services, websites, or content linked from our website.
11.3 Force Majeure
We are not liable for failure to perform obligations due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or technical failures.
12. INDEMNIFICATION
You agree to indemnify and hold harmless MeritVy, its franchisees, employees, and agents from any claims, damages, or expenses arising from:
- Your violation of these Terms
- Your use of our services
- Student conduct or actions
- Any breach of representations or warranties
13. CANCELLATION AND TERMINATION
13.1 By MeritVy
We may terminate services immediately for:- Violation of these Terms
- Non-payment of fees
- Student misconduct
- Any reason at our discretion with appropriate notice
13.2 By User
Parents may cancel enrolment subject to our Refund Policy and any applicable notice requirements.
13.3 Effect of Termination
Upon termination:- All outstanding fees become immediately due
- Access to materials and services will be revoked
- Obligations regarding confidentiality and intellectual property survive
14. MODIFICATIONS TO TERMS
14.1 Right to Modify
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website.
14.2 Notification
Material changes will be communicated via email or posted prominently on our website.
14.3 Continued Use
Continued use of our services after changes constitutes acceptance of modified Terms.
15. DISPUTE RESOLUTION
15.1 Governing Law
These Terms are governed by the laws of the State/Territory where the Centre is located and the Commonwealth of Australia.
15.2 Negotiation
Parties agree to attempt to resolve disputes through good faith negotiation before pursuing legal action.
15.3 Jurisdiction
Any legal action must be brought in the courts of the State/Territory where the Centre is located.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between parties.
16.2 Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
16.3 Waiver
Failure to enforce any right or provision does not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.
16.5 Notices
All notices must be sent to the contact information provided on our website or in enrolment materials.
16.6 Language
These Terms are drafted in English. In case of any translation, the English version prevails.
17. CONSUMER RIGHTS
Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies under the Australian Consumer Law or other applicable consumer protection legislation that cannot be lawfully excluded.
18. CONTACT INFORMATION
For questions about these Terms of Use, please contact:
MeritVy Learning Centre, Regus, Greenwood Business Park, LG, Building 1/301 Burwood Hwy, Burwood VIC 3125, Australia; Email: enquiries@meritvy.com.au; Phone: 1300 MERITV (1300 637 488)
By using MeritVy's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.