Website T erm s and Conditions of Use

1.

2.

About the Website
1.1 .

Welcome to www.greeneducationgroup.com (the 'Website '). The Website
provides online orientation and testing services, consultancy services as well as
training services (the 'Services ').

1.2 .

The Website is operated by Green Education Group PTY. LTD. (ACN 622 909
282) . Access to and use of the Website, or any of its associated Products orServices, is provided by Green Education Group. Please read these terms andconditions (the 'T erm s ') carefully. By using, browsing and/or reading theWebsite, this signifies that you have read, understood and agree to be boundby the Terms. If you do not agree with the Terms, you must cease usage of theWebsite, or any of Services, immediately.

1.3 .

Green Education Group reserves the right to review and change any of theTerms by updating this page at its sole discretion. When Green Education
Group updates the Terms, it will use reasonable endeavours to provide youwith 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.

Acceptance of the T erm s
You accept the Terms by remaining on the Website. You may also accept the Terms byclicking to accept or agree to the Terms where this option is made available to you byGreen Education Group in the user interface.

3.

Registration to use the Services
3.1 .

In order to access the Services, you must first register for an account throughthe Website (the 'Account ').

3.2 .

As part of the registration process, or as part of your continued use of theServices, you may be required to provide personal information about yourself(such as identification or contact details), including:
(a)
(b)
(c)
(d)
(e)

Email address
Preferred username
Mailing address
Telephone number
Password

3.3 .

You warrant that any information you give to Green Education Group in thecourse of completing the registration process will always be accurate, correct
and up to date.

3.4 .

Once you have completed the registration process, you will be a registeredmember of the Website ('M em ber ') and agree to be bound by the Terms.

3.5 .

You may not use the Services and may not accept the Terms if:

4.

(a)

you are not of legal age to form a binding contract with Green Education
Group; or(b)

you are a person barred from receiving the Services under the laws ofAustralia or other countries including the country in which you are resident
or from which you use the Services.

Your obligations as a M em ber
4.1 .

As a Member, you agree to comply with the following:(a) you will use the Services only for purposes that are permitted by:
(i)
(ii)
(b)

(c)

(d)

(e)

(f)

(g)

(h)
5.

the Terms; andany applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of yourpassword and/or email address. Use of your password by any otherperson may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Green
Education Group of any unauthorised use of your password or email
address or any breach of security of which you have become aware;access and use of the Website is limited, non-transferable and allows forthe sole use of the Website by you for the purposes of Green Education
Group providing the Services;
you will not use the Services or the Website in connection with any
commercial endeavours except those that are specifically endorsed orapproved by the management of Green Education Group;
you will not use the Services or Website for any illegal and/or unauthorised
use which includes collecting email addresses of Members by electronic orother means for the purpose of sending unsolicited email or unauthorised
framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other formsof solicitation may be removed from the Website without notice and may
result in termination of the Services. Appropriate legal action will be taken
by Green Education Group for any illegal or unauthorised use of theWebsite; andyou acknowledge and agree that any automated use of the Website or its
Services is prohibited.

Paym ent
5.1 .

Where the option is given to you, you may make payment for the Services (the' Services F ee ') by way of:

5.2 .

All payments made in the course of your use of the Services are made using....... In using the Website, the Services or when making any payment inrelation to your use of the Services, you warrant that you have read,understood and agree to be bound by the ...... terms and conditions which areavailable on their website.

6.

5.3 .

You acknowledge and agree that where a request for the payment of theServices 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 Services Fee.

5.4 .

You agree and acknowledge that Green Education Group can vary theServices Fee at any time .

Refund Policy
Green Education Group will only provide you with a refund of the Services Fee in theevent they are unable to continue to provide the Services or if the manager of Green
Education Group makes a decision, at its absolute discretion, that it is reasonable to doso under the circumstances (the 'Refund ').

7.

Copyright and Intellectual Property
7.1 .

The Website, the Services and all of the related products of Green Education
Group are subject to copyright. The material on the Website is protected bycopyright under the laws of Australia and through international treaties. Unlessotherwise indicated, all rights (including copyright) in the Services andcompilation 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 forthese purposes, and are reserved by Green Education Group or its
contributors.

7.2 .

All trademarks, service marks and trade names are owned, registered and/or
licensed by Green Education Group, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:(a) use the Website pursuant to the Terms;(b) copy and store the Website and the material contained in the Website inyour device's cache memory; and(c) print pages from the Website for your own personal and non-commercial
use.
Green Education Group does not grant you any other rights whatsoever in
relation to the Website or the Services. All other rights are expressly reservedby Green Education Group.

7.3 .

Green Education Group 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 willtransfer any:(a) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or(b) a right to use or exploit a business name, trading name, domain name,trade mark or industrial design, or(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system orprocess),to you.
7.4 .

8.

Privacy
8.1 .

9.

You may not, without the prior written permission of Green Education Groupand 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 tomaterials on the Website, which are freely available for re-use or are in the
public domain.

Green Education Group takes your privacy seriously and any information
provided through your use of the Website and/or Services are subject to Green
Education Group's Privacy Policy, which is available on the Website.

General Disclaim er
9.1 .

Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including theAustralian Consumer Law (or any liability under them) which by law may not belimited or excluded.

9.2 .

Subject to this clause, and to the extent permitted by law:(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and(b) Green Education Group will not be liable for any special, indirect orconsequential loss or damage (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 outof or in connection with the Services or these Terms (including as a resultof 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.

9.3 .

Use of the Website and the Services is at your own risk. Everything on theWebsite 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 Green Education Group makeany express or implied representation or warranty about the Services or any
products or Services (including the products or Services of Green Education
Group) referred to on the Website. includes (but is not restricted to) loss ordamage you might suffer as a result of any of the following:(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computervirus or other harmful component, loss of data, communication line failure,unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, theServices, or any of its Services related products (including third party
material and advertisements on the Website);(c) costs incurred as a result of you using the Website, the Services or any ofthe products of Green Education Group; and(d) the Services or operation in respect to links which are provided for yourconvenience.
10 . Lim itation of liability
10.1 .

Green Education Group's total liability arising out of or in connection with theServices or these Terms, however arising, including under contract, tort(including negligence), in equity, under statute or otherwise, will not exceed theresupply of the Services to you.

10.2 .

You expressly understand and agree that Green Education Group, 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 intangibleloss.

11 . T erm ination of Contract
11.1 .

The Terms will continue to apply until terminated by either you or by Green
Education Group as set out below.

11.2 .

If you want to terminate the Terms, you may do so by:(a) providing Green Education Group with 30 days' notice of your intention toterminate; and(b) closing your accounts for all of the services which you use, where Green
Education Group has made this option available to you.
Your notice should be sent, in writing, to Green Education Group via the'Contact Us' link on our homepage.

11.3 .

Green Education Group may at any time, terminate the Terms with you if:(a) you have breached any provision of the Terms or intend to breach any
provision;(b) Green Education Group is required to do so by law;(c) the provision of the Services to you by Green Education Group is, in theopinion of Green Education Group, no longer commercially viable.

11.4 .

Subject to local applicable laws, Green Education Group reserves the right todiscontinue or cancel your membership at any time and may suspend or deny,in its sole discretion, your access to all or any portion of the Website or theServices without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Green Education Group's name or
reputation or violates the rights of those of another party.

12 . Indem nity
12.1 .

You agree to indemnify Green Education Group, its affiliates, employees,
agents, contributors, third party content providers and licensors from andagainst:(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss anddamage (including legal fees on a full indemnity basis) incurred, sufferedor 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.

13 . Dispute Resolution
13.1. Com pulsory:
If a 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).
13.2. Notice:
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.
13.3. Resolution:
On receipt of that notice ('Notice ') by that other party, the parties to the Terms('Parties ') must:(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutuallyagree;(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator orrequest that an appropriate mediator be appointed by the President of theAustralian Mediation Association or his or her nominee;(c) The Parties are equally liable for the fees and reasonable expenses of a mediatorand the cost of the venue of the mediation and without limiting the foregoingundertake to pay any amounts requested by the mediator as a pre-condition to themediation commencing. The Parties must each pay their own costs associated withthe mediation;(d) The mediation will be held in Brisbane, Australia.
13.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and inconnection 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.
13.5. T erm ination of M ediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Disputehas not been resolved, either Party may ask the mediator to terminate the mediation andthe mediator must do so.
14 . Venue and Jurisdiction
The Services offered by Green Education Group is intended to be viewed by residents ofAustralia. In the event of any dispute arising out of or in relation to the Website, youagree that the exclusive venue for resolving any dispute shall be in the courts ofQueensland, 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, underand 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 theirsuccessors and assigns.
16 . Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair andreasonable 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.
17 . Severance
If any part of these Terms is found to be void or unenforceable by a Court of competentjurisdiction, that part shall be severed and the rest of the Terms shall remain in force.