TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to JourneyChinese.com.au (Website). The Website is our Online Mandarin School, Online Tutoring, Travel Guides & Content (Services).

(b) The Website is operated by Tian Jin TA/s Journey Chinese. Access to and use of the Website, or any of its associated Products or Services, is provided by Tian Jin TA/s Journey Chinese. Please read these terms and conditions (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 Services, immediately.

(c) Tian Jin TA/s Journey Chinese reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tian Jin TA/s Journey Chinese updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

(d) will provide at least 14 days' notice of any material changes to the Terms through email notification and/or prominent notice on the Website. Your continued use of the Website after such notification constitutes acceptance of the updated Terms.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to theTerms where this option is made available to you by Tian Jin TA/s Journey Chinese in the user interface.

3. Subscription to use the Services

(a)  In order to access the Online Mandarin School Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).

(b) 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 use.

(c) 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 (Account).

(d) 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:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) Payment information (for purchases)

(e) You warrant that any information you give to Tian Jin TA/s Journey Chinese in the course of completing the registration process will always be accurate, correct and up to date.

(f)  Once you have completed the registration process, you will be a registered member of the Website (Member)and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Tian Jin TA/s Journey Chinese; or

(ii)  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

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii)  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;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. Youagree to immediately notify Tian Jin TA/s Journey Chinese of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) you must ensure your password meets minimum security requirements including at least 8 characters, containing uppercase and lowercase letters, numbers and

special characters, and you agree to report any suspected security breach to within 48 hours, providingdetailed information about the incident including time, nature of breach, and any compromised data;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Tian Jin TA/s Journey Chinese providing the Services;

(vi) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Tian Jin TA/s Journey Chinese;

(vii) 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;

(viii) 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. Appropriatelegal action will be taken by Tian Jin TA/s Journey Chinese for any illegal or unauthorised use of the Website; and

(ix) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Payment

(a) All payments made in the course of your use of the Services are made using Stripe. In using the Website, theServices 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 Stripe terms and conditions which are available on their website.

(b) 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 the Subscription Fee.

(c) You agree and acknowledge that Tian Jin TA/s Journey Chinese 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.

6. Refund Policy

(a) Tian Jin TA/s Journey Chinese will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Tian Jin TA/s Journey Chinese makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

(b) All refund requests must be submitted in writing within 7 business days of the incident giving rise to there fund claim. Approved refunds will be processed within 14 business days. Refunds will be processed using the original payment method unless otherwise agreed in writing.

(c) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

7. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Tian Jin TA/s Journey Chinese are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. 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 thesepurposes, and are reserved by Tian Jin TA/s Journey Chinese or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Tian Jin TA/s JourneyChinese, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

Tian Jin TA/s Journey Chinese does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Tian Jin TA/s Journey Chinese.

(c) Tian Jin TA/s Journey Chinese retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or anadaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of Tian Jin TA/s Journey Chinese 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 these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

Tian Jin TA/s Journey Chinese takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Tian Jin TA/s Journey Chinese's Privacy Policy, which is available here.

9. General Disclaimer

(a) 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.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Tian Jin TA/s Journey Chinese will not be liable for any special, indirect or consequential loss ordamage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c)  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. None of the affiliates, directors,employees, contributors and licensors of Tian Jin TA/s Journey Chinese make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Tian Jin TA/s Journey Chinese) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication linefailure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) 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);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of Tian Jin TA/s Journey Chinese; and

(iv) the Services or operation in respect to links which are provided for your convenience.

10. Limitation of liability

(a) Tian Jin TA/s Journey Chinese's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Tian Jin TA/s Journey Chinese, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Notwithstanding the above limitations, the maximum aggregate liability of for any claims arising under theseTerms shall not exceed the greater of: (i) $149 Australian Dollars; or (ii) the total amount paid by you to in the 14 months preceding the claim. These limitations shall not apply to liability arising from gross negligence, willful misconduct, or any other liability that cannot be excluded by applicable law.

11. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Tian Jin TA/s Journey Chinese. Competitorsare not permitted to use or access any information or content on our Application. If you breach this provision, Tian Jin TA/s Journey Chinese will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12.  Termination of Services

(a) The Terms will continue to apply until terminated by either you or by Tian Jin TA/s Journey Chinese as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Tian Jin TA/s Journey Chinese with 14 days' notice of your intention to terminate; and

(ii) closing your accounts for all of the services which you use, where Tian Jin TA/s Journey Chinese has made this option available to you.

Your notice should be sent, in writing, to Tian Jin TA/s Journey Chinese via the 'Enquire online' link on our homepage.

(c) Tian Jin TA/s Journey Chinese may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Tian Jin TA/s Journey Chinese is required to do so by law;

(iii) the provision of the Services to you by Tian Jin TA/s Journey Chinese is, in the opinion of Tian Jin TA/s Journey Chinese, no longer commercially viable.

(d) Subject to local applicable laws, Tian Jin TA/s Journey Chinese 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 theWebsite or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tian Jin TA/s Journey Chinese's name or reputation or violates the rights of those of another party.

13. Indemnity

You agree to indemnify Tian Jin TA/s Journey Chinese, its affiliates, employees, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

14. Venue and Jurisdiction

The Services offered by Tian Jin TA/s Journey Chinese is intended to be viewed by residents of Australia. 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.

15. 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

17. 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.