Next Level Teacher Terms and Conditions

Effective date: September 17, 2024

Thank you for visiting our website. This website is owned and operated by Next Level Teacher (ABN 93188042407). By accessing and/or using this website and our services, you agree to these terms and conditions, which include our Privacy Policy (available at https://nextlevelteacher.com/privacy-policy/). You should review our Privacy Policy and these Terms carefully and immediately cease using our website or services if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ means Next Level Teacher.

In these Terms, there are two categories of “subscriber”:

1. Personal Users (Learners and parents/guardians who directly subscribe via the Next Level Teacher website with no link to a school); and
2. School Users (Learners, educators and parents or guardians linked to a Next Level Teacher for Schools account purchased by their school).

In the case of a Learner who is not at the time 18 years of age, permission must be sought by that Learner’s school or by a parent, tutor, educator, guardian or carer of that Learner before signing up to this website or to use our services.

Who is responsible for what you see and do on Next Level Teacher?

Any information or content publicly posted or privately transmitted through our services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Next Level Teacher will not be liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

Next Level Teacher does not and cannot control the content of posts by individual users. As such, all users and subscribers release Next Level Teacher from all liability unrelated to its actions or omissions which it cannot control and acknowledge that Next Level Teacher does not have a duty to take action regarding how that content is interpreted.

Each subscriber accepts that if Next Level Teacher becomes aware of any posts which may be considered inappropriate, it will remove them immediately without the consent of the user being obtained.

You, as a user, are responsible for the content you contribute to our website. You warrant to keep your registration information accurate and current. You access all information and content at your own risk. We are not liable for any errors or omissions in content posted by users.

Warranties

Each subscriber warrants that all information contained in any application for registration is true and acknowledges that it is their responsibility to advise Next Level Teacher within seven (7) days of that information changing in any way including, but not limited to, updating email addresses by means of the relevant link.

Each subscriber will take, and where applicable will ensure that the relevant user takes, all reasonable steps to prevent the user’s password from becoming known to any other person. The subscriber will advise Next Level Teacher immediately if the subscriber or the relevant user becomes aware of any unauthorised use of the password.

Special provisions / Copyright

Each subscriber acknowledges that any website material is the property of Next Level Teacher and is the copyright of Next Level Teacher. Except as permitted by law or these Terms, the subscriber will not, and where applicable the subscriber will procure that the relevant user will not, allow any other person to use the website or reproduce or otherwise transmit any website material in any way whatsoever without first obtaining the written permission of Next Level Teacher. Next Level Teacher reserves its entitlements under Part VB and Section 183 of the Copyright Act. [For information about Part VB (educational use) and Section 183 (government use) visit www.copyright.com.au and www.copyright.org.au].

An educator user, may use website material for classroom instructional purposes such as projecting it onto a whiteboard, displaying it by means of other electronic media or printing it and distributing it to his or her students. However, the use of the website materials by an educator user, for any purpose other than the instruction of the students in their class at a time when their right to use the website materials is current, will constitute a breach of these Terms.

Disputes

Each subscriber and relevant user will resolve any claim, cause of action or dispute its has with us arising out of or relating to these Terms or Next Level Teacher exclusively in the State of Queensland, Australia, and agrees to submit to the exclusive jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Queensland will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the jurisdiction of these courts.

Indemnity

Each subscriber agrees to indemnify and hold Next Level Teacher, its affiliates, officers, agents, employees, contractors and partners harmless from and against any and all claims, liabilities, damages, losses and legal costs arising from or in any way related to any third party claims relating to (a) the user’s and/or subscriber’s use of our services (including any actions taken by a third party using the user’s or subscriber’s account), and (b) breach of these Terms. In the event of such a claim, suit or action (Claim), we will provide notice of the Claim to the contact information we have for your account (failure to deliver will not eliminate your indemnification obligations contained herein).

Each subscriber acknowledges that circumstances may exist where damages are not an appropriate remedy and Next Level Teacher is entitled to obtain injunctive relief.

If at any time a subscriber or relevant user is referred through our website to any other publication or information source, that referral will be made by Next Level Teacher in good faith. However, Next Level Teacher accepts no responsibility for any error in the information supplied by such other publication or source.

Limitation of Liability

To the maximum extent permitted by law, including the Australian Consumer Law, we are not liable for any direct or indirect loss, damage, or expense arising from: Your use of our website and services. Inaccessibility of the website. Incorrect, incomplete, or outdated information or materials on the website.

Australian Consumer Law Compliance

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms modifies or excludes any conditions, warranties, undertakings, or legal rights under the Australian Competition and Consumer Act or other laws.

Payments

There are two products on Next Level Teacher:

(1) Next Level Teacher Courses (2) Next Level Teacher Courses for Schools.

The terms and conditions for each product vary. Please ensure you read the section that is relevant to you.

Each subscriber (on its own behalf and on behalf of the relevant user) acknowledges that Next Level Teacher will collect personal information about subscribers and users which is disclosed in an application for the purposes of the operation of the website and provision of its services, as outlined in our Privacy Policy and authorises Next Level Teacher to do so.

Next Level Teacher may terminate its arrangements with a subscriber or user immediately if at any time a subscriber or user is in breach of the subscriber’s or user’s obligations (including as a result of some act or omission by the subscriber or user).

Next Level Teacher Courses Subscriptions

A personal Next Level Teacher subscription allows a user to access the online course and related course materials. A subscription may be procured through the sign up or within the settings section of the Next Level Teacher product. Subscriptions commence when the purchase is complete and go for the duration of the calendar year. They incur an annual payment.

Credit/Debit card is the only accepted payment method for personal subscriptions. All payments are processed through Stripe’s secure payment gateway or through Paypal. Next Level Teacher does not directly collect or store any credit card information.

Each subscriber (on its own behalf and on behalf of the relevant user) acknowledges that Next Level Teacher will collect personal information about subscribers and users which is disclosed in an application for the purposes of the operation of the website and provision of its services as outlined in the Privacy Policy, and authorises Next Level Teacher to do so.

Next Level Teacher may terminate its arrangements with a subscriber or user immediately if at any time a subscriber or user is in breach of the subscriber’s or user’s obligations (including as a result of some act or omission by the subscriber or user).

Next Level Teacher Courses for Schools Subscriptions

For our school customers we enter into separate / bespoke ordering arrangements.

Please note that, in Australia, our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Automatic Renewals and Cancellations

Automatic Renewal: Your subscription is set to automatically renew at the end of each subscription term to ensure uninterrupted access to our services. The renewal will be for the same duration as your original subscription and at the current subscription rate unless otherwise notified.

Managing Your Subscription: You have full control over your subscription settings. At any time, you can log into your account page on our website to manage your subscription. This includes the ability to turn off the automatic renewal feature.

Turning Off Auto-Renewal: If you decide to turn off auto-renewal, you can do so through your account settings. Once auto-renewal is turned off, your subscription will not renew after the current subscription term ends.

Access Duration: Regardless of changes to your auto-renewal settings, you will retain access to the subscribed services for the full duration of your current subscription term, which is one calendar year from the time of purchase.

Cancellation: You may cancel your subscription at any time via your account page. Cancellation will disable auto-renewal, but you will continue to have access to the services until the end of your current subscription term.

 No Pro-Rated Refunds: All subscription fees are non-refundable. If you cancel your subscription or turn off auto-renewal, you will not receive a refund or credit for any unused portion of your subscription term.

Changes to Subscription Fees: We reserve the right to change our subscription fees at any time. Any changes to fees will be communicated to you in advance and will not affect subscriptions already purchased for the current term.

Termination by Us: We may terminate your subscription in accordance with our Termination policy outlined in these Terms. In such cases, you may be entitled to a pro-rata refund at our discretion unless termination is due to your breach of these Terms.

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Refund Policy

We will refund payments upon receipt of a written submission stating that our website or services do not deliver what we claim to provide. Refunds will not be given if you are:

• Using systems that do not meet our system requirements.
• Misusing the system.

Termination

Each subscriber and/or user acknowledges that Next Level Teacher is entitled to terminate its arrangement with them for cause if there has been a breach of these Terms, the Privacy Policy or otherwise there is a risk of possible legal exposure for us. You will be notified via email or the next time you attempt to access your account.

Each subscriber and/or user acknowledges that termination for any reason will not entitle the subscriber to a refund of any payments made to Next Level Teacher prior to the date of such termination.

Any notice given under these Terms must be in writing. Notices given to Next Level Teacher should be forwarded [email protected] and notices to be given to a subscriber or user will be forwarded to the email address specified in that person’s application.

Next Level Teacher will refund any subscriber payments upon receipt of a written submission from the subscriber that the website or services do not deliver that which they claim to provide.

Refunds will not be given where the subscriber is using systems other than those identified in the ‘Systems requirements’ or where the subscriber is misusing the system.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Reservation of Rights

Next Level Teacher reserves the right to alter its product and pricing systems at any time.

Shipping

Shipping is not applicable as all products are digital.

Digital products are available for download after the product has been purchased. They are available from in the course and the Members Area.

Marketing Communication

By creating a Next Level Teacher account, you agree to receive relevant marketing materials from us. You may unsubscribe from marketing emails at any time by following the unsubscribe link in the emails. Unsubscribing will not affect communications required by law, such as notifications of changes to these Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Next Level Teacher regarding your use of our website and services and supersede all prior agreements.

Changes and Updates to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes via email or by posting a notice on our website. Your continued use of our services after changes are made constitutes acceptance of the new Terms.

Accessibility Statement

We are committed to making our content accessible to all users, including those with disabilities. If you experience any difficulties accessing our services, please contact us at [email protected].

Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including natural disasters, war, or technical failures.

Enquiries

All enquiries and comments regarding these Terms should be made to:

Next Level Teacher ABN 93188042407 [email protected]