1. Introduction
   THIS AGREEMENT BINDS YOU OR THE STUDENT YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF TUTORING SERVICES PROVIDED BY NAVIGATION INTERNATIONAL PTY LTD (“OUR”, “WE”, “COMPANY” OR “LINGHANG”). BY USING ANY OF THE COMPANY’S SERVICE OR PAYING FOR THE TUITION FEE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PAY FOR THE TUITION FEE AND DO NOT USE THE COMPANY’S SERVICE. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
2. General Disclaimer
   You may only access the services provided by the Company for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the services. We do not hire or employ Tutors nor are we responsible or liable for any interactions involved between the tutors and their students. We are not responsible for disputes, claims, losses, injuries, or damages of any kind that might arise out of or relate to conduct of tutors or Students, including, but not limited to, any Student’s reliance upon any information provided by a tutor.

We do not control notes distributed by tutors and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such notes.

3. Conduct
   You may only access the services provided by the Company for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the services.

YOU AGREE NOT TO USE THE SERVICE TO RECRUIT, SOLICIT, OR CONTACT IN ANY FORM TUTORS OR POTENTIAL STUDENTS FOR EMPLOYMENT OR CONTRACTING FOR A BUSINESS NOT AFFILIATED WITH US WITHOUT OUR ADVANCE WRITTEN PERMISSION, WHICH MAY BE WITHHELD IN OUR SOLE DISCRETION.

You assume any and all risks from any meetings or contact between You and any tutors or other Students.

4. Specific Obligations of Students
   You represent, warrant and covenant that:

A. You have read, understood, and agree to be bound by the pricing information before registering for a Course or paying for the tuition fee of a Course.

B. You will not reproduce, distribute, publicly display, communicate to the public, create derivative works from or otherwise use or exploit any notes or videos or materials except as permitted by the Company as applicable.

C. You will not disclose any personal information to a tutor.

D. You will not solicit personal information from any tutor or other students.

5. Permissions
   You agree that We may record all or any part of any Courses for quality control and marketing, promoting, and demonstrating the Company Course. You hereby grant the Company permission to use Your image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling Courses, Videos, and Course Material and waive any and all rights of privacy, publicity, or any other right of a similar nature in connection therewith, to the extent permissible under applicable law.
6. Pricing and Payment
   You agree to pay the fees for Courses that You take, and hereby authorise Us to charge Your bank accounts for these amounts. All payment is made to Navigation International Pty Ltd.

No access to any courses will be provided if the Student has outstanding tuition fees.

7. Limitation of Liability
   TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THESE TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION 7 DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
8. Termination
   We may terminate Your use of the Services immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on Our website from time to time. We may discontinue offering any Course or Course Material at any time.

You may terminate Your use of the services at any time by ceasing to access them for the duration of the Course, subject to the Refund Policy in Schedule A.

9. Means of Communication
   Both email and mobile phone short messages are primary ways of communication. Students, upon changing their mobile phone number or email address, shall notify the Company as soon as it is practical. Students shall not claim any loss or missing classes due to Students’ failure to notify the Company of their change of mobile phone number or email address.
10. Recordings
    Course recordings are not provided to Students unless:

A. there is a timetable clash with another course or other courses provided by the Company; or

B. separately purchased by the Student.

11. No Extra Copy
    All paper-based Course Material in any form shall be distributed to Student once and once only. Student agrees to pay for an extra copy of the Course Material at 50c per side.
12. Black and White Printing
    Paper-based Course Material, if distributed to Students, will be printed two pages on one side in black and white.
13. Make-up Class
    No make-up class shall be provided to Students who are absent from a scheduled class for WHATEVER reason. Subject to the Company’s Refund Policy, no absence shall provide a ground for refund.
14. Key Definitions
    “Base Price” means the original course price without any discount set by the Company.

“pro rata Base Price” means the original course price in proportion to the amount of Course that has not yet been delivered.

“Sale Price” means the actual sale price for the Course.

“pro rata Sale Price” means the actual sale price for the Course in proportion to the amount of Course that has not yet been delivered.

“Course Access” means any access granted to the Student to attend, view, receive, download, join, or otherwise use a Course or Course Material.

“Course Material” includes all notes, slides, handouts, recordings, links, class groups, practice questions, sample answers, worksheets, study guides, online resources, and any other materials provided or made available by the Company in connection with a Course.

“Access Commencement Time” means the earliest time at which the Student is granted access to the Course, including but not limited to access to any online learning platform, course portal, class group, course recording, live class link, notes, slides, handouts, practice questions, sample answers, study guides, or any other Course Material, whether delivered electronically, physically, or by any other means.

For the avoidance of doubt, once the Student has been granted Course Access or any Course Material has been provided or made available to the Student, the Access Commencement Time is deemed to have occurred, regardless of whether the Student has accessed, opened, downloaded, viewed, attended, used, or completed the Course or Course Material.

“Exam Preparation Course” is an intensive course that ordinarily runs for a consecutive period of three (3) weeks.

“Assignment Workshop” is an intensive course that ordinarily runs for up to 3 hours.

“VIP Course” is a one on one (or one on many) course.

“Weekly Revision Courses” is a semi-intensive course that ordinarily runs for a consecutive period of six (6) weeks.

15. Refund
    The Refund Policy in Schedule A forms part of this Agreement.
16. Course Transfer and Alteration
    The Course Transfer and Alteration Policy in Schedule B forms part of this Agreement.

Schedule A: Refund Policy

Nothing in this Refund Policy excludes, restricts, or modifies any rights or remedies that the Student may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

1. Where the Company refuses to provide, or continue providing, a course to the Student because the Student:

(1) has failed to pay an amount he or she was liable to pay the Company for WHATEVER reason, directly or indirectly, in order to undertake the Course, the pro rata Sale Price of the Course is refundable less an administrative fee of 15% of the Base Price of that Course.

(2) misbehaved, if:

A. before the relevant Access Commencement Time, the pro rata Sale Price of the Course is refundable less an administrative fee of 15% of the Base Price of that Course.

B. after the relevant Access Commencement Time, the Student shall not be eligible for a refund, except where required by applicable law.

2. A Student who withdraws from a Course for WHATEVER reason before the relevant Access Commencement Time may be entitled to a refund of the pro rata Sale Price less an administrative fee of 15% of the Base Price of that Course.
3. A Student who withdraws from a Course for WHATEVER reason after the relevant Access Commencement Time shall not be eligible for a refund, except for Course Transferring subject to the Course Transfer and Alteration Policy, where required by applicable law, or where the Company agrees otherwise in writing at its sole discretion.

For the avoidance of doubt, no refund will be arranged once Course Access has been granted or any Course Material has been provided or made available to the Student, regardless of whether the Student has accessed, opened, downloaded, viewed, attended, used, or completed the Course or Course Material, except where required by applicable law.

In particular, NEITHER of the following grounds nor any combination of them provides a valid reason for refund after the Access Commencement Time:

(1) timetable clash with any other institutes;

(2) change of timetable;

(3) forgetting the timetable;

(4) inconvenient Course times;

(5) social activities;

(6) illness;

(7) traffic;

(8) number of students enrolled in a class.

4. Subject to Section 3, the Company may, at its discretion, provide a full or partial refund where:

(1) a Student has his/her visa cancelled; or

(2) injury, illness or disability so severe that it prevents the Student from taking up the Courses for a significant period of time; or

(3) the death of a close family member of the Student (parent, sibling, spouse or child) occurs; or

(4) jury duty; or

(5) military service; or

(6) other special or extenuating circumstances prevent a Student from taking up a Course.

5. In the unlikely event that the Company is unable to provide the Student’s Course in full, the Company must either, in its discretion, pay the Student a full refund of the pro rata Sale Price of that Course or alternatively arrange for the Student to be offered a place in an alternative Course, only if accepted by the Student.
6. An application with supporting documentary evidence must be submitted for a refund under any of the provisions listed above.
7. A partial refund may be granted under Section 4, where 15% of the Base Price of that Course is retained to cover administration costs.
8. Payment of Refunds

(1) Students seeking a refund must apply in writing to the Operations Manager of the Company at [email protected] with a Refund Request Form available at the Company’s website.

(2) All debts to the Company must have been paid or any outstanding amounts will be deducted from the refund.

(3) The refund must be made to the same person from whom the payment was received on behalf of the Student.

(4) Bank surcharges will not be refunded.

(5) Refunds, when approved, will be paid to the Student within 4 weeks after receipt of all relevant documentation, including a written claim from the Student.

9. Refunds of Excess Payment

If a Student’s enrolment results in an excess payment occurring, this payment will be refunded after the appropriate Access Commencement Time, as per Section 8(5) above.

Schedule B: Course Transfer and Alteration Policy

1. Student’s request to transfer from Course A to Course B shall not be approved unless and until:

(1) Student lodges his/her request in writing to the Administrator of the Company at [email protected] with a Course Transfer Form available at the Company’s website; and

(2) the value of the unused portion of Course A is not less than 60% of the pro rata Base Price of Course A; and

(3) Student has paid all outstanding fees liable to the Company as though his/her request had been approved.

2. Procedure

Once Student’s request to transfer from Course A to Course B has been approved, the tuition fee that Student is liable to pay is calculated to be equal to the pro rata Sale Price of Course B determined at the time when the Student made the transferring request less the refund of the pro rata Sale Price of Course A, less an administrative fee of 15% of the Base Price of Course A.

3. Interpretation

Exam Preparation Course, Assignment Workshop, VIP Courses, and Weekly Revision Courses of the same subject are regarded as different Courses, and therefore transferring from one to another is under the provision of this Policy.