Terms and conditions

TERMS AND CONDITIONS OF USE

1. About the website

a. Welcome to www.lavanika.academy (the ‘Website’). The Website provides information on dental exam coaching and preparation services (the ‘Services’).

b. The Website is operated by Lavanika Academy Pty Ltd (ACN 663 950 605) (we, our or us). Access to and use of the Website, or any of its associated Products or Services, is provided by Lavanika Academy Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, it 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. Lavanika Academy Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lavanika Academy Pty Ltd updates the Terms, it will use reasonable endeavors 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. Materials (including where such information is stored electronically, and includes without limitation any script, code, text, image, media, or content determinable through MIME and MIME type definitions, as the case requires) provided as part of the Services, and information on this Website (‘Content’) are subject to change without notice. We do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.

2. Acceptance of the Terms

a. By remaining on the Website, you accept the Terms and enter into an agreement with Lavanika Academy Pty Ltd (‘Agreement’). You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lavanika Academy Pty Ltd in the user interface.

3. Subscription to use the Services

a. In order to access the Services, you must first purchase a course through the Website (the ‘Subscription’) and pay the applicable fee for the selected course (the ‘Subscription Fee’)

b. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure the Subscription you elect to purchase is suitable for your use.

c. Once you have purchased the Subscription, you will then be required to provide a Gmail email address as part of registration process before you can access the Services.

d. As part of 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. Phone number

iii. Preferred name

e. You warrant that any information you give to Lavanika Academy Pty Ltd 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 (‘Member’) and agree to be bound by the Terms. As a Member, you will be granted access to the Services from the time you have completed registration process until the subscription period expires (the ‘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 Lavanika Academy Pty Ltd; 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. Conditions of use

a. We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services.

b. Nothing in this clause 4 is to be read as limiting our rights in administering the Website or the Services, or methods that we may use to control the features available to you, or our provision of Services to you, through the Website.

c. We may contact you by phone, sms, or email using the details that you provide to us from time to time. Without limitation, we may contact you regarding marketing and promotions of our Products and Services (unless you request otherwise); and we may contact you in relation to any order, or in relation to your subscription.

d. We may require that you disclose certain information to us about your objectives, education, examinations, and other matters. Your provision of this information is required so that we can deliver certain parts of our Services to assist you. If you refuse to disclose this information, then we may not be able to assist you, and we cannot be held responsible for any resultant lack of or delay in the delivery of certain Services.

e. We may record sessions using audio, video, or other means at any time. Additionally, we may record your OSCE sessions (or any other participation in a session, where we will be reviewing your performance and providing feedback to you).

5. Your obligations as a Member

a. As a Member, you agree to comply with the following

i. You will use the Services only for the purpose that are permitted by the Terms; and

ii. Any applicable law, regulation or generally access practices or guidelines in the relevant jurisdictions;

b. 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 services;

c. Any use of your registration information by any other person, or third party, is strictly prohibited. You agree to immediately notify Lavanika Academy Pty Ltd of any unauthorized use of your email address or password or any breach of security of which you have become aware;

d. Access and use of the Website and the Content is limited, non-transferable and allows for the sole use of the Website and the Content by you for the purposes of Lavanika Academy Pty Ltd providing the Services;

e. You will not use the Services or the Website or the Content in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Lavanika Academy Pty Ltd

f. 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 emails or unauthorised framing of or linking to the Website;

g. You will not copy, publicly display or publish, or distribute the Website or the Content in whole or in part.

h. You consent to our use of your image in photographs and video recordings taken during the provision of any of our Services for the purposes of marketing and promoting us and our Services, where you are not in the Centre of Interest. We will seek your consent in writing prior to using your image for any other purpose.

i. 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 Lavanika Academy Pty Ltd for any illegal or unauthorised use of the Website; and

j. You acknowledge and agree that any automated use of the Website or its Services is prohibited

6. Provision of the Services through the Website

a. Our provision of any Services to you through the Website is subject to the Terms of this Agreement.

7. Provision of other Services

a. If we provide you with any Content or Services, other than through the Website, then the Terms of this Agreement apply to all such Content and Services.

8. Payment

a. Where the option is given to you, you may make payment of the Subscription Fee by way of

i. Electronic Fund Transfer (‘EFT’) into our nominated bank account

ii. Credit Card Payment (‘Credit Card’)

iii. Debit Card Payment (‘Debit Card’)

iv. Cash (‘Cash’)

v. Stripe Inc payment processing platform (‘Stripe’)

b. All payments made in the course of your use of the Services are made using Stripe Inc. In using the Website, the Services or 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 Inc terms and conditions which are available on their website.

c. 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.

d. You agree and acknowledge that Lavanika Academy Pty Ltd can vary the Subscription Fee at any time and the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

9. Refund Policy

a. Lavanika Academy Pty Ltd 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 Lavanika Academy Pty Ltd 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 (the ‘Refund’).

10. Payment Processor

a. We do not receive or store any credit or debit card information through the Website. All credit or debit card information is processed securely by the Payment Processor.

b. If you do not want to use the Payment Processor to pay for the Services through the Website, you may request an alternative payment method by contacting us at info@lavanika.academy . Fulfilment of any such request is at our sole discretion, and, we reserve the right to charge an administration fee, and pass on all associated costs to you, for any such request.

11. Copyright and Intellectual Property

a. The Website, the Services and all of the related products of Lavanika Academy Pty Ltd are subject to copyright. The material on the Website and its associated applications 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, buttons 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 Lavanika Academy Pty Ltd and its contributors.

b. All trademarks, service marks and trade names are owned, registered and/or licensed by Lavanika Academy Pty Ltd, 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. Print pages from the Website where such option is available for your own personal and non-commercial use

Lavanika Academy Pty Ltd does not grant you any other rights whatsoever in relation to the Website, Content or the Services. All other rights are expressly reserved by Lavanika Academy Pty Ltd

c. Lavanika Academy Pty Ltd 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 subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you

d. You may not, without the prior written permission of Lavanika Academy 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, the Content or third party Services for any purpose, unless otherwise provided by these Terms. The prohibition does not extend to materials on the website, which are freely available for re-use or are in the public domain.

e. You irrevocably grant Lavanika Academy Pty Ltd a perpetual, royalty free licence to use any feedback you provide to us and contributions you make during delivery of our Services for our internal business development purposes, use within future Content or Services, and to mix such information with information from third party sources. You further consent to our use of such feedback and contributions without reference to the origin of those things.

12. User Content:

a. You may be permitted to post, upload, publish, submit or transmit relevant information and content (‘User Content’) on our Website or related applications. By making available any User Content on or through our Website or related applications, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Website.

You agree that you are solely responsible for all User Content that you make available on or through our Website. You represent and warrant that:

b. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

c. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

13. Privacy

a. Lavanika Academy Pty Ltd takes your privacy seriously and any information provided through use of the Website and/or Services are subject to Lavanika Academy Pty Ltd Privacy Policy, which is available on the Website at https://www.lavanika.academy/privacy .

14. 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. Lavanika Academy Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any 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 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, officers, employees, agents, contributors and licensors of Lavanika Academy Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Lavanika Academy Pty Ltd) referred 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 line failure, 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 Lavanika Academy Pty Ltd; and

iv. The Services or operation in respect to links which are provided for your convenience.

15. Limitation of liability

a. Lavanika Academy Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the amount paid by you to Lavanika Academy Pty Ltd in relation to the Services.

b. You expressly understand and agree that Lavanika Academy Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be held 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. Except as contemplated by clause 14.d, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).

d. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Lavanika Academy Pty Ltd in connection with this Agreement and Lavanika Academy Pty Ltd’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 14.c does not apply to that liability and instead Lavanika Academy Pty Ltd’s liability for such failure is limited to (at Lavanika Academy Pty Ltd’s election):

i. in the case of a supply of goods, the Website replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or

ii. in the case of a supply of the Services, Lavanika Academy Pty Ltd supplying the services again or paying the cost of having the services supplied again.

16. Termination of Contract

a. The Terms will continue to apply until terminated by either you or Lavanika Academy Pty Ltd as set out below.

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

i. Providing Lavanika Academy Pty Ltd with day’s notice of your intention to terminate; and

ii. Closing your accounts for all of the Services which you use, where Lavanika Academy Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Lavanika Academy Pty Ltd via the ‘Contact us’ link on our homepage.

c. Lavanika Academy Pty Ltd 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. Lavanika Academy Pty Ltd is required to do so by law;

iii. The provision of the Services to you by Lavanika Academy Pty Ltd is, in the opinion of Lavanika Academy Pty Ltd, no longer commercially viable.

d. Subject to local applicable laws, Lavanika Academy Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, at its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of Terms or applicable law of if your conduct impacts Lavanika Academy Pty Ltd’s name or reputation or violates the rights of those of another party.

e. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

17. Indemnity

a. You agree to indemnify Lavanika Academy Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

i. All action, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website or Services;

ii. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

iii. Any breach of the Terms.

b. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

18. Dispute resolution

a. Compulsory:

i. If the 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).

b. Notice:

i. 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.

c. Resolution:

i. On receipt of that notice (‘Notice’) by that other party, the parties of the Terms (‘Parties’) must:

1. Within 28 days of Notice endeavor 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, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Victorian Small Business Commission (VSBC) or his or her nominee;

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 state of Victoria, Australia.

d. Confidential:

i. 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.

e. Termination of Mediation:

i. If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

19. Currency and Taxation

a. Unless otherwise stated, all monetary amounts are expressed in Australian dollars inclusive of GST.

20. Relationship between the parties

a. Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the parties to deny any such relationship.

21. Representatives, Successors and Assigns

a. You must not assign or novate this Agreement in whole or in part.

b. We may assign or novate this Agreement in whole or part at our sole discretion.

22. Venue and Jurisdiction

a. The Services offered by Lavanika Academy Pty Ltd 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 Victoria, Australia.

23. Governing Law

a. The Terms are governed by the laws of state of Victoria, 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 consulted by, under and pursuant to the laws of state of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Term shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Independent Legal Advice

a. 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.

25. Waiver

a. Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

26. Force majeure

a. Neither party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due.

27. Severance

a. 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.

For any questions, please contact us at:

Lavanika Academy Pty Ltd, ACN 663 950 605

Email: info@lavanika.academy