Terms of Use

These Terms of Use ("Terms") govern your access to and use of the website activATAR at activatar.com.au ("Site"), including all content, features, and services provided by or through ABN 41 774 747 648 ("we", "us", "our"). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, do not access or use the Site.

These Terms apply to all users of the Site, including without limitation users who are browsers, students, educators, institutions, and/or contributors of content or services.

We reserve the right to modify, amend, or replace these Terms at any time, effective upon posting to the Site. We will make reasonable efforts to notify you of significant changes, such as via email or account alerts. Continued use of the Site after any such changes constitutes your acceptance of the updated Terms.

You are encouraged to review the Terms periodically for changes. If you do not agree to the amended Terms, your sole remedy is to discontinue your use of the Site.

In these Terms, the following definitions apply:

• "Content" means all text, images, video, audio, code, user-generated material, feedback, data, and other materials provided on or through the Site.
• "Services" means any educational, informational, interactive or subscription-based services provided through the Site.
• "User" or "you" means any person or entity accessing or using the Site.

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

• Violate any applicable laws or regulations of the Commonwealth of Australia or of any State or Territory.
• Upload, transmit, or otherwise distribute any content that is unlawful, harmful, defamatory, abusive, harassing, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.
• Infringe on any intellectual property or proprietary rights of others.
• Attempt to gain unauthorized access to any portion or feature of the Site, other accounts, or any systems or networks connected to the Site.
• Introduce or transmit viruses, malware, or any other malicious code or harmful materials.
• Interfere with or disrupt the Site or the servers and networks connected to the Site.

We reserve the right (but not the obligation) to monitor your use of the Site and suspend or terminate access if any conduct is found to be in breach of these Terms.

By posting or submitting any content to the Site, you grant activATAR a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable license to use, reproduce, adapt, modify, publish, translate, distribute, perform, display, and create derivative works from such content, in any media now known or hereafter devised.

You represent and warrant that:

• You either own the rights to the content or have permission to submit it.
• Your submission does not violate any rights of any third party, including but not limited to intellectual property, privacy, or publicity rights.
• The content is accurate and does not mislead or defame.

You acknowledge and agree that submitted content will be considered non-confidential and that we are under no obligation to maintain its confidentiality.

We may, at our discretion, remove, edit, or refuse to display any content you submit.

All content and materials on the Site (except User Submissions), including but not limited to text, graphics, logos, icons, audio clips, videos, downloads, data compilations, and software, are the property of activATAR or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

Except as expressly permitted in writing by us, you may not:

• Copy, reproduce, republish, upload, post, transmit, or distribute any part of the Site or its content.
• Modify or create derivative works from any materials obtained from the Site.
• Use any branding, trademarks, or logos appearing on the Site without prior written permission.

You are granted a limited, revocable, non-transferable license to access and use the Site and Services for personal, non-commercial use only, subject to these Terms.

To the maximum extent permitted by law, the Site and Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

We do not warrant that:

• The Site or Services will be uninterrupted, secure, or error-free.
• Any defects will be corrected.
• The Site or the servers that make it available are free of viruses or other harmful components.
• The content is accurate, complete, reliable, current, or suitable for any particular purpose.

You acknowledge that use of the Site and Services is at your own risk and that you are responsible for evaluating the accuracy, completeness, or usefulness of any content or materials available through the Site.

We provide no guarantees of any outcomes related to anything including but not limited to ATAR score, subject scores, marks, grade, competitions, university admission, etc. We provide no guarantee that our ATAR calculator is accurate and make no claim of association or affiliation with the relevant Australia authorities responsible for scaling, calculating, and giving ATAR results. “ATAR” is a registered trademark of the VTAC.

Under no circumstances will a refund be issued. Subscription will roll over automatically at the given period. In the event of a change of mind or accidental continuation of subscription, there will be no issuing of refunds. It is the users sole responsibility to ensure that their subscription is cancelled when they no longer wish to use this site.

Nothing in this Agreement is intended to exclude, restrict, or modify any right or remedy you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

To the maximum extent permitted by law, including the Australian Consumer Law, activATAR, its directors, officers, employees, agents, contractors, licensors, or suppliers shall not be liable for any loss or damage (whether direct, indirect, incidental, special or consequential) arising out of or in connection with:

• Your access to, use of, or inability to access or use the Site or Services.
• Errors, mistakes, or inaccuracies of content.
• Personal injury or property damage resulting from your use of the Site.
• Any unauthorised access to or use of our servers and/or personal information.
• Any bugs, viruses, or similar harmful elements transmitted through the Site by a third party.
• Any reliance you place on information obtained from the Site.

In no event shall our total aggregate liability exceed the amount paid by you, if any, for accessing or using the Site or Services during the 12 months prior to the event giving rise to the claim.

Some jurisdictions do not allow the limitation or exclusion of certain liabilities or warranties, so some of the above limitations may not apply to you.

We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Site, your account, or any part of the Services at any time and for any reason, including but not limited to violations of these Terms or any applicable law.
• Modify, discontinue, or remove any features or functionality of the Site or Services, temporarily or permanently, without notice or liability.

Upon termination:

• All rights granted to you under these Terms will immediately cease.
• You must cease all use of the Site and Services.
• Any provisions which by their nature should survive termination (including but not limited to intellectual property rights, disclaimers, indemnities, and limitations of liability) shall survive.

These Terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising out of or in connection with these Terms, the Site, or the Services.

You agree that any cause of action related to or arising out of your use of the Site or Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

If you access the Site or use the Services from outside Australia, you are solely responsible for compliance with local laws in your jurisdiction.

You consent to receive notices and communications from us electronically. We may provide you with notices by:

• Email to the address linked to your account;
• Notifications within the Site or Services; or
• By any other means legally permitted.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

If any provision of these Terms is held to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be severed from these Terms and the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.

We may update or revise these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of the document. Continued use of the Site or Services after changes are made constitutes your acceptance of those changes. If you do not agree to any amended terms, you must stop using the Site and Services.

These Terms, along with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and ABN 41 774 747 648 regarding your use of the Site and Services. They supersede any prior agreements, representations, or understandings, whether written or oral.

If you have questions, concerns, or feedback, you can contact us at:

Email: info@drtutor.com.au / hello@activatar.com.au