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Premium User Terms

1 About these Premium User Terms

This website is owned and operated by Learning Frameworks Pty Ltd T/A CrackerSystems (we, us).

These Premium User Terms should be read in conjunction with our Terms of Use.

By opening and maintaining a premium user account with us, you are entering into an agreement with us which incorporates, and which is governed by, both these Premium User Terms and our Terms of Use.

2 Payment

In return for the more extensive and advanced services which are made available via this website to you, the holder of a premium user account, you agree to pay us in accordance with these Premium User Terms.

 

3 Fees and charges

 

3.1 Calculation

Our fees and charges are calculated in accordance with the information which we provide to you from time to time via this website (errors and omissions excepted). Our prices are displayed in Australian dollars, unless stated otherwise.

The prices for our fees and charges includes all relevant taxes (which taxes must be borne by you), but exclude all separate costs in relation to you being able to access the Internet (which costs must be borne by you).

 

3.2 Payment method

We only accept payments by credit cards accepted by our payment gateway provider. Depending on your circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer or PayPal. We will not be liable for any costs associated with exchange rates. Currency exchange settlements are based on your agreement with your payment method provider.

 

3.3 Increases

We may change the price of any of our fees and charges from time to time by providing you 30 days prior notice, if you will be directly affected by such changes. If you do not agree to these changes, you must cancel your premium user account before the changes take effect.

 

4 Your billing account

 

4.1 Creating a billing account

When you create a billing account for fees and charges in relation to your premium user account you must provide full details of your payment method. Your payment method must comply with our approved transaction facility. You must be authorised to use your payment method. You authorise us to charge you for fees and charges relating to your premium user account using your payment method. We use EWAY to process payments by your payment method.

 

4.2 Updating your billing account

You must keep all information in your billing account current, including without limitation your billing address and the expiration date of your credit card (if any). You can access your billing account through our website to make changes to it. You may change your payment method at any time provided it complies at all times with our approved transaction facility. We reserve the right to cancel your premium user account if you advise us to stop using your payment method. Any notice to us to stop using your payment method does not in any way affect charges we apply to your billing account prior to us having had a reasonable opportunity to act on your notice.

 

4.3 Charges and credit to your billing account

Billing of fees and charges to your billing account by way of your payment method may occur in any of the following ways:

  • (a) in full in advance on a recurring ongoing basis (eg monthly or annually); or
  • (b) in full in advance on a one-off basis.

We may charge you a different amount than what you approved. If this charged amount is greater than the amount you approved, we will advise you of the amount and the date of the charge before we make the charge.

 

4.4 Billing statements and errors

We will provide you with an electronic billing statement. This is the only billing statement that we provide. We will not provide paper copies of electronic billing statements.

You must promptly notify us if you know or suspect there is any error in relation to your billing statement. We may correct errors in billing statements at any time. You release us from all liability and claims of loss resulting from any error that you do not notify to us within 120 days of the date of the billing statement, in which case we will not be required to correct any error.

 

4.5 Late payments

Except to the extent prohibited by law, we may assess a late charge if you do not pay any of our fees or charges on time. You must pay these late charges (in addition to normal charges) when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. All reasonable costs (including legal costs) which we incur in collecting (or attempting to collect) any past due amounts will be borne by you.

 

4.6 Payments to you

If we are required under these Premium User Terms or by law to make any payment to you in relation to your premium user account, you must first promptly provide us with all information we require to properly make such payment. You are solely responsible for the accuracy of any information that you provide to us and any taxes you may incur as a result of receiving a payment from us. You must comply with all reasonable conditions we place on any payment we make to you. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to fully cooperate with us in doing so.

 

5 Security

This website uses Secure Sockets Layer (SSL) technology software for information transmission. Information submitted through this website (including your credit card details) is encrypted using the same 128-bit security commonly used by banks. For your protection, purchases made using your credit card may be delayed slightly to allow us time to check your billing information with your financial institution.

Despite these security measures, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by you as a result of any fraudulent or unauthorised use of your payment method details (including your card details) by a third party.

 

6 Refund policy

We will not provide you with a refund if you simply change your mind and decide to stop using our services. However, you do have rights under the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), and nothing in these Premium User Terms affects or limits those rights. If we are required by law to provide you a refund, we will process the refund by reverse transaction through the payment method used for your original purchase.

 

7 Variation of these Premium User Terms

We reserve the right to vary these Premium User Terms, in which case we will inform you of any such variation. Situations where we may vary these Premium User Terms include if our variations do not materially alter the balance between your payment for our services and our obligations to you.

 

8 General legal matters

 

8.1 Australian Consumer Law

Nothing in these Premium User Terms in any way affects your rights under the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Other than your rights under the Australian Consumer Law, we do not make any express warranties that our services will be uninterrupted, secure or error-free, or that data loss will not occur.

 

8.2 Inability to carry out obligations

If we are unable to perform any or all of our obligations under these Premium User Terms by reason of an event which is not reasonably within our control including omissions or impositions by federal or national government authorities, fire, flood, earthque and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.

 

8.3 Indemnity

You indemnify us and our officers, employees, agents and contractors against any liability, loss (including consequential loss), damage or claim which we may suffer or incur in relation to any beach by you of your obligations under section 4 of these Premium User Terms.

 

8.4 Interpretation and definitions same as Terms of Use

Rules of interpretation applying to our Terms of Use also apply to these Premium User Terms. Terms defined in our Terms of Use have the same meaning in these Premium User Terms.

 

8.5 Governing law and jurisdiction

These Premium User Terms are governed by the laws in force in the State of Victoria and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria (including the Federal Court of Australia).

 

8.6 Our employees and agents

None of our employees or agents have the authority to vary these Premium User Terms in individual cases.

 

8.7 Severability

The provisions of these Premium User Terms will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of these Premium User Terms.

 

8.8 Survival

Term within these Premium User Terms which are intended to apply after termination will survive termination.

 

8.9 Transferring rights

You must not transfer your rights or obligations under these Premium User Terms to any person without our prior written consent. We may transfer our rights and obligations under these Premium User Terms to any person at any time without notice.

 

8.10 Waiver

Any delay or failure by us to enforce any rights under these Premium User Terms does not constitute waiver.

 

9 Contacting us

You can contact us about our services and these Premium User Terms at support@crackersystems.com.