Terms of Service

TERMS OF USE

Thank you for choosing to sign up with our Educational Platform.

These are our Terms of Use (Agreement) which set out the terms by which paying subscribers (Students) can use our Educational Platform, and other services we may provide to Students (collectively, Service). Please read this Agreement carefully before using the Service. If you have any questions, please do not hesitate to contact us. 

By accessing or using the Service (irrespective of whether you paid for it or not), you agree that you have read, understood, and agree to be bound by this Agreement. 

Please note that this Agreement is maintained on our website Levart.studio. We can change the terms of this Agreement by putting the new terms or material on our website, so you should review this page periodically. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.

  

USE OF SERVICE

Payment:

1. Students will pay the recurring subscription fees and other fees as per the terms set out below (Fees). 
2. All Fees are due when the order for Service is placed.
3. The quantum of the Fees will be determined by the subscription plan you order for Service.  

Access, Modifications to the Service:

1. Students acknowledge that payment of Fees is authorisation to us to begin providing Service. 
2. We do not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g. charges by mobile carriers). 
3. We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Refunds:

1. All Fees are non-refundable, even if you do not use the Service after you have paid for it. 
2. Fees are to be paid by a Debit or Credit Card via Stripe or PayPal payments and Students authorise us to set up an automated recurring billing process. If Students desire to terminate the Service, such notice must be delivered to us in writing via email at 10 days before the next recurring billing is processed. Students can cancel their own subscription themselves from their account.

 

Your responsibility for your account: You are solely responsible for the activity that occurs within your account with us. We will not be liable for your losses caused by any unauthorised use of your account, and you shall be solely liable for the losses due to such unauthorised use.

Your interaction with other Students: You will be joined into groups together with other Students and you will be able to send messages to other Students. You are solely responsible for your interactions with other Students. We reserve the right, but have no obligation, to monitor disputes between you and other Students. We will have no liability for your interactions with other Students, or for any Students’ action or inaction.

  

SHARING YOUR CONTENT

1. Your content: As part of the Service, you may post your work and/or publish comments or any other communication within our Educational Platform and/or correspondence with us. Any content the Students submit, post, display, or otherwise make available on the Educational Platform or by sending to our email address are referred to as Students Content. 
2. How we can use your content: You permit us to use your Students Content on our website and social media within promotional materials (be it electronic or not). 
3. Your responsibility for your content: By uploading, posting, submitting or otherwise disclosing or distributing Students Content, you represent and warrant that such Content:
   1. Does not and will not infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy/data protection or otherwise violates, or encourage any conduct that would violate, any applicable law, rule, statute, court decision or regulation (collectively, the Laws);
   2. Would not give rise to civil liability;
   3. Does not and will not promote sexually explicit materials, illegal activities, violence, discrimination (based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise), bigotry, racism, hatred, harassment, or harm against any individual or group (on the basis of age, colour, national origin, race, religion, sex, sexual orientation, handicap or otherwise); or 
   4. Is not violent or threatening or promotes violence or actions that are threatening to any person or entity. 
4. We reserve the right, but are not obligated, to reject and/or remove any Students Content that we believe, in our sole discretion, violates above provisions. 
5. We take no responsibility and assume no liability for any Students Content that you or any other Students or third parties post or send within the Service. 
6. Definition of Intellectual Property Rights: For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

 

OUR CONTENT

1. Content: The Service, and all Intellectual Property Rights contained on or related to the Service, are our exclusive property (Exclusive Content). Nothing in this Agreement shall be deemed to create a license to the Exclusive Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Exclusive Content, including without limitation, any materials or content accessible on the Service. 
2. Our Exclusive Content cannot be used with any product or service in any manner that is likely to cause confusion. Use of the Exclusive Content or materials on the Service for any purpose not permitted by this Agreement is strictly prohibited. 

  

PRIVACY

• You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.

  

INDEMNITY

• You agree to defend, indemnify, and hold us harmless, along with our parents, subsidiaries, agents, affiliates, Students, vendors, officers, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable lawyer fees and cost) arising from: 
  1. Your use of and access to the Service; 
  2. Your violation of any term of this Agreement; 
  3. Your violation of any third-party right, including without limitation, any right of privacy;
  4. Your violation of any Laws; and
  5. Any claim or damages that arise as a result of any of your Students Content.

  

NO WARRANTY

• The Service, including all content, is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of fitness for a particular purpose or any particular quality. We do not warrant that:
  1. The content on the Service is accurate; 
  2. Reliable or correct; 
  3. That the Service will meet your requirements; 
  4. That the Service will be available at any particular time or location, uninterrupted or secure; 
  5. That any defects or errors will be corrected; or 
  6. That the Service is free of viruses or other harmful components. 

 

THIRD-PARTY LINKS, SITES AND SERVICES

• The Service may contain links to other websites, services, special offers, or other events or activities that are not owned or controlled by us. Because we have no control over such sites and resources, you acknowledge and agree that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 

 

LIMITATION OF LIABILITY

1. We will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your access or use of the Service. 
2. The maximum total liability to you for any claim related to the Service, whether in contract, tort, or otherwise, is the greater of the amount you paid for the Service or $10. 

 

TERMINATION OF YOUR ACCOUNT AND THE SERVICE

1. We may terminate or suspend the Service in whole or in part immediately, without prior notice, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
2. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

 

MISCELLANEOUS TERMS

1. Entire Agreement: This Agreement is the entire agreement and supersedes any and all prior oral and written agreements, understandings and quotations relating to Service. No waiver, amendment, alteration, modification, or cancellation of any of the provisions of this Agreement shall be binding unless made in writing and signed by both parties.
2. Governing Law: This Agreement will be governed by, construed, and enforced in accordance with the laws of New Zealand and Australia, and New Zealand and Australia courts have exclusive jurisdiction. 
3. Severability: If any provision of this Agreement is invalid or unenforceable, all other provisions of this Agreement will remain in full force and effect.
4. Force Majeure. We will not be responsible for any non-performance or delay caused by acts of God, man-made or natural disasters, acts of terrorism, infectious disease, public utility interruptions, unavailability of the Service.