Terms of Use

Triumphed Australia Pty Ltd (ABN 96 669 904 250) (Triumphed) owns and operates this website ("Website") and the TriumphED Platform as defined in clause 1 below. Throughout the Website, the terms “we”, “us” and “our” refer to TriumphED.

Access to and use of the TriumphED Platform is subject to the following terms, conditions and notices, including any additional terms, conditions and / or policies referenced and / or available in / or from these terms of use (Terms). This is the case whether or not you become a registered user of the Website.

TriumphED may revise these Terms from time to time. Please read the current Terms carefully each time before accessing or using the Website and/or TriumphED Platform, its contents and applications, and / or the services available through the Website. By using or accessing the Website and/or TriumphED Platform, you agree to be legally bound by the Terms that are current at the time of your use or access, and you agree and consent to the collection, processing and use of your information in accordance with our Privacy Policy, and to the terms and conditions applicable to payments set out in our Payment Policy.

If any of the Terms are not acceptable to you or you are unwilling to be bound by them, you should not, or should not continue to (as the case may be), use or access the Website and/or TriumphED Platform.

1. Definitions and Interpretation

a. In these Terms, unless the contrary intention appears:

• Applications means any applications for mobile, tablet and other smart devices provided by TriumphED for the provision of Services;
• Claims includes any claim, notice, demand, costs, expenses, debts, dues, liabilities, damages, losses, action, proceeding, litigation, judgment or order, however it arises, past, present or future, fixed or unascertained, actual or contingent.
• Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the wellness, health, scientific, commercial, industrial, literary or artistic fields.
• Loss means, with respect to a person, the loss suffered or expense or liability incurred by the person or the damages or costs to which the person is entitled;
• Member means a registered user of the Website who is a Student and / or a Mentor.
• Member Content means all content, including without limitation text, photographs, audio, video, or other materials and information, that a Member posts, uploads, publishes, submits and / or transmits, and includes their Member profile.
• Mentor means a Member who offers and delivers Services.
• Mentoring Services means the services provided by Mentors to assist Students in finding university courses and information about universities in Australia, available for purchase by Students via the Website.
• TriumphED Platform means the system through which the Services are provided by TriumphED, which includes without limitation the Website and all of its contents, access to TriumphED's Zoom and/or Google Meet accounts, access to the payment systems used for the purposes of accepting and processing payments for Mentoring Services, and the software and systems used to operate the TriumphED Platform.
• Services means the provision of the TriumphED Platform that allows:
  • Mentors to advertise their Mentoring Services;
  • Students to obtain reviews about Mentors;
  • Students and Mentors to connect for the purposes of arranging and the giving and taking of Mentoring Services;
  • Access to TriumphED's Zoom and/or Google Meet accounts to enable the provision of Mentoring Services to be provided by Mentors to Students;
  • Payment by Students for Mentoring Services via the payment systems utilised by the TriumphED Platform.
• Student means a Member who purchases Mentoring Services.

b. In these Terms, unless the contrary intention appears:

• a reference to "you" or "your" in these Terms is a reference to any person who uses or access this Website, the TriumphED Platform and / or the Services, whether or not that person is a Member.
• words in the singular include the plural and vice versa.
• words importing a natural person include corporations, firms, unincorporated associations, bodies corporate, authorities and agencies.
• headings are inserted for convenience and do not affect the interpretation of these Terms.
• a reference to the whole of a thing includes a reference to a part of that thing.
• the words "include" or "including" are to be construed without limitation.
• where a word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning.

2. Amendments to Terms

a. We reserve the right, in our absolute discretion, to amend the Terms at any time. Where practicable we will endeavour to notify you of any amendment.

b. Any amendment of the Terms will appear on this page of the Website and will be effective immediately from the time it appears on the Website. Accordingly, you can view the most current version of the Terms at any time on this page.

c. Your continued use of and or access to the Website, the TriumphED Platform and/or the Services following any amendment of the Terms being published on the Website constitutes an agreement by you to be bound by the Terms as amended. It is your responsibility to regularly check these Terms to ensure you are aware of the most up to date Terms.

d. For the avoidance of doubt, where Mentoring Services have been purchased but not yet delivered before notification of a change to these Terms, the Privacy Policy or the Payment Policy, the Terms as at the time of payment apply.

3. Website

a. Access to the TriumphED Platform is permitted on a temporary and limited basis.

b. We reserve the right to remove or amend all or any part of the TriumphED Platform or any Services without notice. From time to time, we may restrict access to some parts or all of the TriumphED Platform or the Services. We will not be liable if for any reason the TriumphED Platform or Services are unavailable at any time or for any period.

c. Your use of the TriumphED Platform and / or Services is at your own risk. The TriumphED Platform and Services (except as expressly stated otherwise by us) are provided on an “AS IS” and “AS AVAILABLE” basis.

4. Age Requirement

a. The Services and the Mentoring Services available through the TriumphED Platform are available:

• to you if you are legally considered an "adult" in your jurisdiction; and
• to a person who is 16 years of age or older but not legally an adult in their jurisdiction, if you are consenting to their access in your capacity as a parent or guardian of that person,

b. By agreeing to these Terms you represent that you are legally an adult in your jurisdiction and:

• you are accessing or using the TriumphED Platform, the Services and/or the Mentoring Services available via the TriumphED Platform yourself; or
• in your capacity as the parent or guardian of a person who is 16 years of age or older but not an adult in your jurisdiction, you are consenting to the use and access of the TriumphED Platform, the Services and/or the Mentoring Services available via the Website by that person.

5. Connecting Mentors and Students

a. TriumphED, through the TriumphED Platform, enables Students to connect with Mentors to receive Mentoring Services online. Through the TriumphED Platform, TriumphED enables the following to occur:

• Members to upload, submit, store, send and receive content related to university courses and student life;
• Members to conduct searches, connect with, choose, and engage each other for the purposes of social interaction, finding university courses, securing local accommodation, and familiarising themselves with the local area and student life;
• Students to conduct searches, connect with, choose, and engage Mentors for Mentoring Services;
• Mentors to advertise their knowledge, respond to inquiries, connect with and engage Students to provide them with their Mentoring Services.

b. TriumphED does not provide Mentoring Services. TriumphED provides access to an online venue for the events described in paragraph 5(a) to occur, and you acknowledge and agree that TriumphED's responsibility with respect to Mentoring Services is limited to facilitating their availability via the TriumphED Platform.

c. You acknowledge and agree that:

• TriumphED:
  • is not a broker or agent for Mentoring Services;
  • is not a party to any agreements entered into between Mentors and Students;
  • does not participate in any direct interactions between Mentors and Students;
  • has no control over Member conduct or over any Mentoring Services provided through the TriumphED Platform;
  • does not control, and has no right to control, Mentor profiles, including without limitation details as to services described on Mentor profiles and the provision of services by Mentors.
  • records via TriumphED's Zoom and/or Google Meet accounts, all lessons that occur via the TriumphED Platform.
• Mentors:
  • are independent, third-party contractors of TriumphED, and nothing in these Terms or elsewhere shall constitute Mentors as employees, agents, joint venturers, partners (or the like) of TriumphED, and any such relationships are expressly denied;
  • have no authority to incur, and will not incur, any obligation on behalf of TriumphED except with the prior written approval of TriumphED;
  • act exclusively on their own behalf and for their own benefit, and not on behalf of or for the benefit of TriumphED;
  • are solely responsible for delivering Mentoring Services for which they have been paid through the TriumphED Platform;
  • and to the maximum extent permitted by law, TriumphED is not liable for any Loss incurred as a result of:
    • any interactions between Members (including in respect of the provision of Mentoring Services by Mentors to Students); or
    • any content uploaded, submitted, stored, sent, received or posted on or through the TriumphED Platform or between Members.

d. You agree to not to take or omit to take any action that would result in the creation of a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of TriumphED, including by using any TriumphED intellectual property in an unauthorised or in appropriate manner.

6. Member Accounts

a. In order to be able to take and/or provide Mentoring Services, you must create a TriumphED account and become a Member.

b. To create a TriumphED account:

• you must not impersonate another person;
• you must satisfy the age requirement in accordance with clause 4;
• you must provide a valid email address, mobile phone number, date of birth, location, gender, education background, languages and the information you provide must be complete and accurate;
• You must create a username and password. The username must be unique and not infringe upon any third party rights, be otherwise illegal or be vulgar or offensive. TriumphED reserves the right to amend or delete any username, at any time and without prior notice to you, if for any reason in TriumphED's sole discretion, a username you select violates this clause.

c. If you create a TriumphED account, then in relation to that account, you acknowledge and agree that:

• you satisfy the age requirement in accordance with clause 4;
• you are solely responsible for keeping your account secure and confidential;
• you will not disclose your account details to any person;
• all information you provide is complete and accurate;
• you must promptly advise us of any update to the information in your account;
• you are solely responsible for the activity that occurs on your account;
• you agree that you may be charged for all Mentoring Services purchased using your login and password through the TriumphED Platform;
• you will not use the Services to breach any applicable laws; and
• you are responsible for keeping your account information up to date.

d. Once you become a Member, you must use your real name, and not a pseudonym, when representing yourself via the TriumphED Platform, including without limitation when communicating with other Members.

e. You must notify us immediately of any breach of security or unauthorised use of your account. TriumphED is not liable for any Loss caused by any unauthorised use of your account.

f. You agree that TriumphED is not responsible for any misuse of your account, and you release TriumphED from all Claims, Loss and / or damage suffered by you which has been caused by your failure to comply with these Terms.

g. TriumphED, acting reasonably, reserves the right to suspend or terminate your account if:

• any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, out of date, or incomplete or we are otherwise unable to verify or authenticate any information you provide to us;
• we discover unauthorised use of your account;
• we reasonably believe you have misused your account, committed a material breach of these Terms or used or are using the Website in a fraudulent or improper manner; or
• we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation.

h. You may cancel your Member account at any time by closing the account, and ceasing all use of the Website/ TriumphED platform. Despite such cancellation, you acknowledge and agree that any provision or part of these Terms and the policies that appear on the Website/ TriumphED Platform which is capable of continuing to have effect, will remain in full force and effect. These provisions include without limitation:

• These Terms: Clauses 2, 3, 4, 5(b) and (c), 6(h), 7(c)(i)(G), (H) and (I), 7(d), 7(e), 8, 9, 10, 11(d), 13, 14, 15, 17, 18 , 19, 20, 21(c)
• Privacy Policy: Clauses 3(d) 4, 7, 8, 9, 10, 12
• Payment Policy: Clauses 2(c).

7. Mentors

a. Mentor Applications

• Members who would like to provide Mentoring Services via the TriumphED Platform must submit an application, together with a copy of their passport and/or other official government issued identification, through the TriumphED Platform ("Mentor Application").
• Upon receipt of a Mentor Application, TriumphED will use reasonable endeavors to assess the Mentor Application in any way it deems appropriate.
• TriumphED reserves the right in its sole discretion, to accept or reject any Mentor Application.
• To the extent permitted by law, as part of its assessment of Mentor Applications, TriumphED may:
  • conduct identity verification checks; and/or
  • run background checks from public records and/or through third party suppliers, including without limitation criminal record checks and sex offender registers.
• You agree and authorise TriumphED to:
  • supply copies of, or details of, your identification documentation to any applicable third party supplier to enable the checks described in clause 7(a)(iv) to be made; and/or
  • use your personal information, including without limitation your full name and date of birth, to obtain any reports we require, in order to assess your Mentor Application.

b. Mentor Profile

• If we approve your Mentor Application, you will then be required to create a Mentor profile setting out specific details of the Mentoring Services you are able to provide, as well as your availability to provide Mentoring Services. Personal contact information must not be included in your Mentor profile.
• You acknowledge and accept that your Mentor profile will be visible to anyone who accesses the TriumphED Platform, whether or not they are a Member.
• Once your Mentor profile is complete, you may commence providing Mentoring Services to Students via the TriumphED Platform.

c. Mentor Standards

• Mentors acknowledge and agree that they must comply with the following standards:
  • Commit to all confirmed mentoring sessions;
  • Reschedule or cancel lessons only if it is absolutely necessary and there is no reasonably available alternative.
  • Notify students well in advance of any known periods of absence and update your Mentor Profile to reflect this.
  • Be punctual in commencing and ending each lesson. Mentors ought to give the Student a polite warning (approximately 10 minutes before the end of the lesson) that the end of the lesson is approaching. If a Student is late for a lesson, the Mentor must remain available for at least the first 10 minutes of the scheduled lesson;
  • Conduct yourself professionally, and be respectful and polite when providing Mentoring Services;
  • Provide regular feedback to Students.
  • Keep all lessons confidential;
  • Other than a Student's name do not request from the Student any personally identifiable information, and other than your name do not provide your personally identifiable information to a Student;
  • Maintain records of all communications with Students, as well as all invoices and payments in relation to Mentoring Services provided. You acknowledge and agree that in the event of a dispute between a Mentor and Student, you must if requested to do so by TriumphED, provide such records to TriumphED to enable TriumphED to assist in the dispute resolution process;
• TriumphED reserves the right to set or vary the standards with which Mentors must comply at any time by written notice to you.

d. Mentor Content

• Any Member Content you use to provide Mentoring Services, or related to your provision of Mentoring Services via the TriumphED Platform ("Mentor Content") is subject to clauses 8, 9 and 10 of these Terms.
• For the avoidance of doubt:
  • You grant to each Student to whom you provide Mentoring Services, a licence to use, view and copy any Mentor Content you use in providing Mentoring Services solely for their personal, non-commercial and educational purpose;
  • You acknowledge and agree that Mentor Content is part of Member Content and that TriumphED's rights in respect of Member Content set out in clause 9 apply to Mentor Content;
  • You otherwise retain all Intellectual Property Rights in respect of your Member Content (including Mentor Content).

e. Reviews and Rankings

• Students will have the option to, and will be encouraged by TriumphED to, leave anonymous and non-anonymous reviews and/or testimonials for Mentors based on their experience in taking lessons from the Mentors;
• TriumphED may rank Mentors based on Student reviews and may publish those rankings and/or testimonials on the Website or TriumphED Platform.
• Rankings and testimonials may be accessible by anyone who accesses the Website or TriumphED Platform, irrespective of whether they are a Member.

8. TriumphED Content and Intellectual Property

a. You acknowledge and agree that all content available or accessible from or via the TriumphED Platform, including without limitation all images, videos, visual interfaces, interactive features, graphics, design, computer code, software, aggregate review ratings, and all other elements and components of the TriumphED Platform and all Intellectual Property Rights relating to such content, but excluding Member Content, are and remain the property of TriumphED or its licensors or contractors, and are protected by applicable laws and treaties around the world. All such rights are reserved by TriumphED and its licensors and contractors (as appropriate).

b. You may store, print and display the content supplied to you or which appears on the TriumphED Platform solely for your own personal use and solely in connection with using the Services. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the TriumphED Platform, nor may you use any such content in connection with any business or commercial enterprise.

9. Member Content

a. We may permit you to post, submit, link, store, share and otherwise make publicly available on the TriumphED Platform certain information, text, graphics, images, videos, or other material including feedback (“Member Content”). For the avoidance of doubt, Member Content does not include information submitted for the purposes of registering as a Member unless you post it in the public portions of the TriumphED Platform.

b. You acknowledge and agree that:

• All Member Content you provide on the TriumphED Platform will be publicly available and you bear the risks associated with it being publicly available.
• By posting Member Content to the TriumphED Platform you grant us the right and worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, and with the right to sub-licence, to use, view, modify, publicly display, reproduce, transmit, stream, broadcast, distribute and otherwise exploit your Member Content on and through the Website, by means of, and to market and promote TriumphED, and that as a result, other users of the TriumphED Platform may use that Member Content subject to these Terms. You otherwise retain all your rights in relation to such Member Content.
• We reserve the right to modify or remove any Member Content at any time for any reason.
• We are under no obligation to monitor the accuracy or reliability of your Member Content.
• We take no responsibility and assume no liability for any Member Content posted by you or any third-party.

c. You represent and warrant that:

• You own the Member Content or you have the right to use it, and you grant us the right and licence as provided in this clause,
• The posting of your Member Content on or through the TriumphED Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
• The Member Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
• The Member Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
• The Member Content will not be unsolicited, undisclosed or unauthorised advertising;
• the Member Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;
• The Member Content does not bring us or the TriumphED Platform into disrepute.
• If applicable, you will keep all records necessary to establish that your Member Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.

10. Prohibitions and Restrictions on Use

a. You acknowledge and agree that you must not misuse the TriumphED Platform or its content. Without limiting the foregoing, you agree that you must not:

• Provide false or misleading information to us;
• Authorise any third party to use the TriumphED platform through your TriumphED account;
• Schedule Mentoring Service on behalf of anyone other than the person for whom the account was created (yourself or the individual who is 16 years or older but not an adult in your jurisdiction for whom you are the parent or guardian).
• Schedule and/ or provide for any Mentoring Service to a Student introduced to you through the TriumphED platform other than through the TriumphED platform;
• Make, accept, or receive payment in connection with Mentoring Services other than through the and TriumphED platform;
• Solicit and/ or recruit Members to work or study on other software or similar content platforms;
• Cause directly or indirectly in any way any of the events described in paragraphs 10(a)(i)-(vi).

b. For the avoidance of doubt, Mentors are not permitted to provide Mentoring Service to any Students introduced to them through the TriumphED platform other than through TriumphED. This prohibition survives termination of the agreement between you and TriumphED.

c. In addition, to the maximum extent permitted by law, you acknowledge and agree that you will not:

• Violate these Terms or any policies that appear on the TriumphED platform;
• Infringe upon our rights or the rights of others;
• Commit or encourage the commission of a criminal offence;
• Violate any applicable regulations, rules, laws, or local ordinances;
• Infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others;
• Harass, abuse, insult, harm, threaten, stalk, defame, slander, disparage, intimidate, promote bigotry or discrimination, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• Solicit personal information from minors, or submit or transmit pornography;
• Upload any content that is indecent, libelous, defamatory, obscene, abusive, illegal or otherwise objectionable or otherwise invades on the rights of others;
• Submit false or misleading information;
• Record, process mine, collect or track the personal information of others;
• Transmit or distribute a virus, trojan, worm or any other material which is malicious, technologically harmful, designed to interrupt destroy or limit the functionality of the TriumphED platform, or in breach of confidence or in any way offensive or obscene;
• Hack into any aspect of the TriumphED Platform or otherwise access the TriumphED Platform other than via the public interfaces we make available to you; corrupt data; cause annoyance to other users;
• Maliciously interrupt the purchase of Mentoring Services available through the TriumphED Platform;
• Infringe upon the rights (including without limitation proprietary rights) of any other person;
• Send any unsolicited advertising or promotional material, commonly referred to as “spam”, or phish, pharm, pretext, spider, crawl, or scrape;
• Interfere with or circumvent the security features of the TriumphED Platform or any related website, other websites, or the internet;
• Attempt to affect, or in any way interfere with the performance or functionality of any computer facilities of or accessed through the TriumphED Platform;
• Promote a business or other commercial venture or event, or otherwise use the TriumphED platform for commercial purposes;
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, reformat or frame, sell, trade or in any way exploit the TriumphED platform, any of TriumphED's content or any Member Content, unless you have obtained our prior written consent;
• Reverse engineer any portion of the TriumphED platform;
• Cause directly or indirectly in any way any of the events described in paragraphs 10(b)(i) – (xx) to occur.

d. You acknowledge that:

• Breaching the prohibitions set out in paragraph 10(b) may constitute a criminal offence, and if so we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
• Irrespective of whether breach of any of the prohibitions set out in paragraph 10(b) constitutes a criminal offence, if:
  • You breach any of the prohibitions set out in paragraphs 10(a) or 10(b);
  • We reasonably believe that your actions may cause liability for us, you, or our Members; or
  • We reasonably believe that you have otherwise acted in a manner that is inconsistent with the spirit of these Terms or any other policies that appear on the TriumphED platform

we reserve the right to:

• D. suspend or terminate, in whole or in part, your Member account and/or your use of the TriumphED Platform or Mentoring Services;
• E. otherwise enforce any other rights available to us at law,

e. Once suspended or terminated, you are not permitted to use the TriumphED platform in any way or under a different Member account or re-register a new Member account, and you may no longer have access to any data, messages, files or any other content or material you post, upload, transmit or store on the TriumphED platform. Further, TriumphED reserves the right, in its sole and absolute discretion, to refuse to provide registration and membership, or to suspend or terminate any Member account for any reason in the future.

11. Disclaimer as to Mentoring Services

a. Before accepting individuals as Mentors to provide Mentoring Services via the TriumphED Platform, TriumphED may make reasonable efforts to vet these individuals to ensure they have relevant knowledge in the subject they intend to cover.

b. Notwithstanding paragraph 11(a), you, as a Student acknowledge and agree that to the maximum extent permitted by law, TriumphED:

• Can not, and does not, provide any warranties, assurances or representations as to the qualities, competencies, professional accreditations, registrations, licences or the like of Mentors, or the accuracy of the information they provide via the TriumphED Platform;
• Provides no warranties or representations, express or implied, as to any Mentoring Services purchased by a Student via the TriumphED platform;
• Makes no recommendations to any particular Mentors.
• TriumphED is not obliged to, and may not, monitor control or vet Member Content or any content from third parties.

c. Irrespective of any feature on the TriumphED platform a Student may use to select a Mentor, each Student is responsible for selecting their Mentor.

d. Your use of the TriumphED platform is at your own discretion and risk, and you are responsible for the protection of your property and your personal safety when interacting with other Members via the TriumphED Platform. TriumphED and its related parties, affiliates, licensors, are not liable or otherwise responsible for any Claims or Losses incurred as a result of, arising from or connected with your use of the TriumphED Platform including without limitation as a result of the conduct of Members whether or not such conduct occurs via the TriumphED Platform or otherwise.

e. The TriumphED platform content and any Mentoring Services are not intended to provide immigration or any other professional advice and should not be considered a substitute for consulting with a professional.

12. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

a. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the TriumphED Platform are in no way associated, linked or affiliated with TriumphED and you should not rely on the existence of such a connection or affiliation.

b. Any trademarks/names featured on the TriumphED Platform are owned by the respective trademark owners.

c. Where a trademark or brand name is referred to it is used solely to describe or identify the products or services and is in no way an assertion that such products or services are endorsed by or connected to TriumphED.

13. Limitation of Liability

a. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the TriumphED Platform is provided without any guarantees, conditions or warranties, whether express or implied, as to its accuracy, completeness, reliability, suitability or availability.

b. To the fullest extent permitted by law TriumphED hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

c. Without limiting the generality of the foregoing, in relation to the TriumphED Platform or the Services no warranties of any kind are provided, whether express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose. Further, TriumphED does not warrant that:

• the Website or any other part of the TriumphED Platform will function uninterrupted, timely, secure or error free, or be available at any particular time or location;
• any errors or defects will be corrected;
• the Website or TriumphED Platform is free of viruses or other harmful components;
• the results of using the Website or TriumphED Platform will meet your requirements.

d. In no case shall TriumphED, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, injury, loss or Claim whatsoever, including without limitation to any direct, indirect, special, consequential, punitive or incidental damages of any kind, including without limitation loss of use, profits, revenue, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services or any similar damages, arising out of or related to the use or inability to use the TriumphED Platform, performance errors or failures of the TriumphED Platform or any Linked Sites, any errors or omissions in any content on the TriumphED Platform or any Linked Sites, use of any content (or product) posted, transmitted, or otherwise made available via the TriumphED Platform, any Mentoring Services procured using the TriumphED Platform, or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

e. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

f. We will not be liable for any loss or damage suffered by you as a result of your misuse of the TriumphED Platform, or as a result of a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the TriumphED Platform or to your downloading of any material posted on it, or on any Linked Sites.

g. Our total liability for loss or damage of every kind, whether:

• arising under these Terms; or
• arising in any other way out of or in relation to the supply of the Mentoring Services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,

is limited to the amount of the sum paid by you to us for the Mentoring Services.

h. The above does not affect TriumphED's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

14. Indemnity

a. You agree to indemnify, defend and hold harmless TriumphED and our successors and assigns, TriumphED directors, officers, employees, contractors, consultants, partners, agents, affiliates, licensors, service provider and suppliers, from any and all third party claims, liability, damages, Loss or costs (including without limitation legal fees) due to, arising from or otherwise connected with:

• your breach of these Terms or the policies and documents they incorporate by reference, or your violation of any law or rights of a third party; and
• any Member Content you provide or submit,

to the extent that you have caused or contributed towards such claims, liability, damages, Loss or costs.

b. TriumphED must act reasonably to mitigate any Loss which it may incur as a consequence of any such claims, liability, damages, Loss or costs described in clause 14(a).

15. Linked Sites

a. This Website contains links to other websites (Linked Sites), which are not operated by us.

b. In respect of all Linked Sites, you acknowledge and agree that:

• They have their own sets of terms and conditions, privacy policies and possibly other policies;
• We have no control over the Linked Sites. Accordingly, we do not accept or assume any liability or responsibility for Linked Sites or for any loss or damage whatsoever that may arise from or in connection with your access and / or use of any Linked Sites or for your reliance on any content, goods or services available on or through any Linked Sites;
• If / when you access / use Linked Sites, you do so at your own risk. Your use of the Linked Sites is subject to the terms and conditions of use and service, privacy policies and any other applicable policies contained within each such Linked Sites, and it is your responsibility to read the terms and conditions and privacy policies of those sites before using any Linked Sites.

c. You acknowledge and accept that some Linked Sites include websites which are necessary for the provision of Services and Mentoring Services via the TriumphED Platform ("Providers"). In order to use the Services and obtain or give Mentoring Services, you will be required to accept any terms and conditions of use and service, privacy policies and any other applicable policies in respect of those Providers.

d. In respect of Linked Sites which are not necessary for the provision of Services and Mentoring Services via the TriumphED Platform, you acknowledge and accept that we only provide links to those Linked Sites as a convenience, and the inclusion of such links does not imply or represent our endorsement of them or the resources or content products or services available from them.

16. Optional Tools

a. We may provide you with access to tools via the TriumphED Platform, including tools run by third parties.

b. Access to such tools shall be subject to these Terms. However, where tools are run by third parties, access to those tools is provided without any warranties or representations of any kind and without any endorsement by us, and we shall have no liability whatsoever arising from or relating to your use of those tools. Your use of optional tools is at your own risk and subject to the terms on which those tools are provided by the relevant third party. For your convenience, below are links to third party website of the entities that provide the optional tools:

• Zoom: https://explore.zoom.us/en/terms/; https://explore.zoom.us/en/privacy/
• Google Meet: https://policies.google.com/terms / https://policies.google.com/privacy?hl=en-GB

17. Linking to this website

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website and the TriumphED Platform must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

18. Recording

a. You acknowledge and agree that all lessons conducted via the TriumphED Platform are recorded within TriumphED's Zoom and Google Meet accounts, and you consent to such recording. This is done for various reasons, including without limitation for quality control, confirmation of completion of a lesson, and assistance in dispute resolution.

Recordings will remain within TriumphED's Zoom and/or Google Meet accounts and will be stored in accordance with the terms and conditions and privacy policies of zoom.us and or Google.com: (https://explore.zoom.us/en/terms/ and https://explore.zoom.us/en/privacy/), and Google Meet (https://policies.google.com/terms and https://policies.google.com/privacy?hl=en-GB)

b. TriumphED does not store the recordings separately, however You acknowledge and accept that TriumphED may download any tutorial recording to assist in dealing with any dispute with Members, or between Members, if TriumphED considers it appropriate to do so, or if TriumphED is otherwise compelled to do so by law.

19. Miscellaneous

a. Entire agreement: These Terms, together with the other policies that appear on the Website, constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

b. Invalidity: If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

c. Waiver: Any waiver of any provision of the Terms will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach the Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

d. Assignment: You are not permitted, at law or in equity, assign, transfer or otherwise deal with any of your rights or obligations under these Terms without our prior written consent. TriumphED may assign or transfer its rights and obligations under these Terms without your consent, at its sole discretion and without restriction.

e. Governing Law: These Terms are governed by and construed in accordance with the laws for the time being in force in the State of Victoria, Australia without reference to any conflict of law principles, and you agree to submit to the jurisdiction of the courts and tribunals of the State of Victoria, Australia and any Courts that may hear appeals from those courts.

20. Dispute Resolution

a. If a dispute arises out of or relates to these Terms or the policies that appear on the Website/ TriumphED platform, except where urgent interlocutory relief is sought, neither party may commence legal proceedings unless:

• (i) The party claiming a dispute has given written notice of the dispute to the other; and
• (ii) The parties endeavour, in good faith, to resolve the dispute expeditiously by any means upon which they mutually agree.

b. If the dispute remains unresolved within fourteen (14) days after notice has been given under paragraph 19(a), and:

• All parties to the dispute are within Australia:
  • The parties shall attend mediation with a mutually appointed mediator. If the parties cannot agree on a mediator, a mediator shall be appointed by the President of the Law Institute of Victoria or their nominee. The costs of the mediation shall be borne equally between the parties.
  • If the dispute is not resolved within 60 days of being referred to mediation, either party may institute legal proceedings concerning the subject matter of the dispute.
• One or more parties to the dispute are outside of Australia:
  • The parties must attempt to resolve the dispute by mediation in accordance with the Australian Centre for International Commercial Arbitration ("ACICA") mediation rules that are current at the time of the dispute. The mediation shall take place in Melbourne, Australia and be administered by the ACICA.
  • If the dispute has not been settled pursuant to the said rules within 60 days following the written invitation to mediate or within such other period as the parties may agree in writing, the dispute shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

21. Notices / Contact

a. TriumphED will communicate with you by posting communications on the Website/ TriumphED platform or by email to the email address you provided when registering as a Member, and you consent to receiving communications from TriumphED in this way. You must keep your email address and residential and postal addresses up to date, and regularly check your emails and the Website/TriumphED platform for any communications from TriumphED. If you fail to respond to an email from TriumphED regarding any breach, dispute or complaint within five (5) business days, TriumphED reserves the right to suspend or terminate or suspend your Member account.

b. All notices to TriumphED intended to have a legal effect and which relate to your Member account, the Website / TriumphED platform, these Terms or the policies that appear on the Website/ TriumphED platform must be in writing and delivered either in person, by post or via email to the corresponding address below:

• Address: Level 5, 111 Cecil St, South Melbourne VIC 3205
• Email address: hello@triumphed.co

c. If you have any complaints or comments or would like to contact us for anything else relating to your Member account, the Website / TriumphED platform, please send us an email to hello@triumphed.com. If any complaints arise, we will attempt to resolve them as soon as practicable after we are notified of them.