Legal Policy
Marquis Education
Legal Policy
You acknowledge and agree you have read the legal policy prior to enrolment.
Intellectual Property: All materials on this website is subject to copyright under Australian Law and through international treaties applicable in other countries.
Except as otherwise expressly indicated by Marquis Education in writing, the website and all information, messages, data, software, photographs graphs, videos, graphics, music, sounds and other material contained in the website, including without limitation, the Marquis logo and all designs, text graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof, hearing after called as the “Content” are property of Marquis or its related entities as defined in the Corporations Act (Cth) 2001 or licensors and are protected by Australian international copyright laws.
You must not modify, copy, reproduce, republish, screen print, frame, reverse engineer, download onto a computer upload to a third party, post, transmit or distribute or disseminate this Content and the underlying software code in whole or in part or in any way except in accordance with applicable law or with our express prior written consent.
Marquis is the sole owner of the Content and any other materials on the website. Marquis can either store indefinitely or terminate the Content at any time at their sole discretion.
Reporting copyright or trademark infringements and problems:
Marquis Education is committed to upholding the rights of copyright and trademark owners. If you believe that copyright material or trademark is available on Marquis education network in such a way that it constitutes copyright or trademark infringement or a breach of contract or license, please notify our Designated representative per below contact details:
Marquis Legal Team
legal@marquis.education
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General Policies
Communication With Parents And Students
You authorise Marquis Education to use parent and student email addresses to communicate messages relating to current and future enrolments. To opt-out of such communication, please submit a request in writing to hi@marquis.education. You acknowledge and agree that if you choose to opt-out of these emails, Marquis Education takes no responsibility for the failure of you to receive important messages.
Consent
You consent to us using advertising (including the student’s name, exam results and photographs) for promotional purposes or publicly announcing that we have provided Services to you unless otherwise notified in writing by you.
Promotional Offers. We may from time to time offer special promotional offers. Offer eligibility is determined by Marquis at its sole discretion and we reserve the right to revoke an Offer and suspend your enrolment if we determine you are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
Class Action Waiver:
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND MARQUIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Marquis agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Non-Solicitation
Parents and students are not permitted to approach our staff to engage in tutoring work with your child outside of Marquis Education Program Selection and Payment. You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any Marquis Educator (Academics, Teacher or Tutor), employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the post 12 month period unless specifically arranged through and approved by Marquis Education.
No warranties
To the maximum extent permitted by law, we provide our services and website as it is. This means that, except as expressly stated in these terms, we do not provide warranties, conditions or undertakings of any kind in relation to Marquis or our Website and/or any other services at either express or implied. This includes, but isn’t limited to warranties of merchantability and fitness for a particular purpose, which are to the fullest permitted by law, excluded from the agreement. Since members use the Online Service for a variety of reasons, we can’t guarantee that it will meet your specific needs.
Limitation of liability.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of Marquis and its platform, including any downloads from platforms. We won’t be liable for any indirect, punitive, special or consequential damages under any circumstances, even if there based on negligence, or we have been advised of the possibility of the damages
Our total liability to you arising under, or in any connection with Marquis, whether in contact, tort (including negligence), breach of statutory duty, or otherwise – will be no more than what you paid for the online service.
In addition, for the avoidance of doubt, in no instance, we will be liable for any loss or damage is your suffer, if you use online service in violation of our terms, regardless of whether we terminator suspend your account due to such violation.
Indemnification
You agree to indemnify, defend and hold, harmless the Marquis parties from any and all claims, liabilities, expenses and damages, including reasonable attorney fees and costs, made by third-party related to:
A) your use, or attempted use of the Marquis webiste in violation of the storms
B) your violation of any law rights of any third party
C) user content, including without limitation, any claim of infringement on misappropriation of intellectual property or any other proprietary rights
Governing law and jurisdiction
You represent and warrant that your use of the online service will comply with all the applicable laws and regulations. Marquis and its platform (excluding any linked third-party sites) is controlled by Marquis from the principal business premises. In Australia. It can be accessed from countries around the world to the extent permitted by the platforms.
As each country has laws that may differ from Australia, by accessing these platforms, you agree that the laws and statues of Australia shall apply to any dealings, actions of claims arising out of, or in relation to, this agreement, or the members, use of platforms, irrespective of any conflict with any laws and statues applicable to the members country of domicile.
The member further acknowledges and agrees that the filing of a claim against Marquis (if any) must be made in Australia in which their principal business premises is domicile, and that any legal proceedings will be conducted in English.
Marquis makes no representation that Marquis website and platform offered through our platforms are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content, phone or to the website which is illegal in your country of domicile strictly prohibited.
You may not use Service for any unlawful or discriminatory activities.
You agree to indemnify and hold us harmless from any losses, including on legal fees and expenses, that results from a breach of the terms.
These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
Equitable relief
If you violate these terms, then we must seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Court order fees
If we have to provide information in response to a subpoena, court, order or other legal, governmental or regulatory inquiry related to your account, then we may charge you for our cost. These fees may include solicitor in employee time, spent with reading the records, preparing documents and participating in a position.
Declaration
Disclaimers
We are not responsible for the behaviour of any third parties, link, website or other members.
Assignments
You may not assign any of your eyes under these terms to anyone else, except you, if you are under the age of 18, you may sign your right, your parent or legal guardian. Consequently, your parent or legal guardian takes full responsibility under this agreement on behalf of you as a participating minor. We may assign all rights to any other individual identity at our discretion.
Survivability
Even if these terms are terminated, the following sections will continue to apply :
Property rights on by ask, property rights on by you, compliance with laws, limitation of liability, no warranties, severability and entire agreement
Force Majeure:
We wont be held for delays or failure in performance of any part of the Online service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, outbreak of contagious disease, pandemic, epidemic and acts of hackers or third party internet service providers. Whenever classes are suspended or postponed due to above mentioned events in New South Wales, the lessons will be postponed or shall continue in the online mode as notified by Marquis. Marquis has the discretion to decide when to suspend the classes due to the above-mentioned extraneous circumstances. This decision will be taken in light of the prevailing circumstances. The decision of Marquis in this regard shall be final and binding on all students irrespective of their personal willingness to continue with the classes. No credit or refund, either in whole or in part, will be provided in this regard.
Severability
If it turns out that a section of these terms is an enforceable then that section will be removed a rated as little as required and the rest of this terms will still be valid.
Further actions, he will provide all documents and take any actions message to metre obligations under these terms.
Entire agreement
These terms between us in relation to the subject matter and supersede all prior terms, agreements, representations and understanding. When there is a conflict between these terms in in the additional terms, the additional terms will control to the extent of the conflict.
Staying up to date with your terms:
Marquis may sometimes change the terms and conditions to stay up to date. While Marquis seeks to provide world-class course Contents, unexpected events do occur. Marquis reserves the right to cancel, interrupt, reschedule or modify any course Contents or change the point, value or weight of nay assignment, quiz, or other assessment, hours of the lesson, enrolment fees, class timings etc. Marquis will provide notice of 7 days if any terms in this T&C change.
Definition:
Personal Information:
"Personal Information" is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.
What Personal Information do we collect and hold?
The types of Personal Information we may collect about an individual will depend upon the nature of our interaction with them. Personal Information that we collect may include (but is not limited to) the following:
a. name
b. date of birth
c. contact details including telephone numbers (landline and/or mobile)
d. current address
e. e-mail address
f. gender
g. year level
h. identification information such as driving licence details (incl driving licence number), teacher accreditation number, working rights verification documents
i. payment details, such as credit card information or bank account details
j. information from or in connection with your resume or job application if you apply for a position with us
k. professional training, accreditations or qualifications
l. working with children check
m. geographical location (postcode, time zone)
n. Australian Business Number (ABN)
o. photographs, video interviews, call recordings, session recordings and/or images of you from camera footage (for example, of an online tutoring session)
p. school affiliation, and
q. family relationship.
We collect and record Personal Information about individuals such as:
a. our students, potential students and their parents or guardians
b. our tutors
c. our investors and shareholders
d. our suppliers and potential suppliers and their representatives, directors, partners, proprietors and shareholders
e. contractors and subcontractors and potential contractors and subcontractors and their representatives in relation to providing goods and services to us
f. our employees past and present, including applicants, and
g. any other person who comes into contact with Marquis Education.
How and when do we collect Personal Information?
We collect your Personal Information to allow us to conduct our business functions, to provide, market and sell our products and services and for the specified purposes set out in paragraph 6. In some circumstances the collection of Personal Information may be required by law.
We may collect your Personal Information in the course of providing you with goods or services, or:
a. when you use or buy our products or services
b. when you provide us, or you offer or apply to supply us, with goods or services
c. when you provide information to us in any way (including by completing a form, disclosing information over the phone or via email, or providing us a business card)
d. when you request information about us, our products or our services
e. when you provide feedback to us
f. when you visit or fill in a form on our Website (see paragraph 5)
g. when you attend a tutoring session, submit work, or correspond generally with a tutor
h. when you visit premises from which we operate
i. when you (or your employer) provide that information to us in the course of conducting or administering our relationship with you, or j. when you are carrying out activities in connection with our business operations
j. when you submit a job application to us
k. when you otherwise contact us by telephone, fax, email, social media, post or in person, or
l. where we are otherwise required or authorised by law to do so
Generally, when providing our products and services, dealing with our personnel, or obtaining goods and services from our service providers, suppliers or contractors, we collect Personal Information directly from the relevant individual where reasonable and practicable.
We may also collect Personal Information about you from third parties and other sources such as:
a. your nominated representatives (eg parent or guardian, spouse, accountant, power of attorney, brokers and other professional advisors)
b. our share registry service provider
c. publicly available sources of information, or
d. related entities, companies and businesses of Marquis Education,
but we will only collect your Personal Information in this way if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.
If the Personal Information we collect includes sensitive information, including health information and biometric information, we will ask for your consent to collect sensitive information, unless the law allows us to collect it without your consent.
Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.
In most cases, if you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, or if we do not or are unable to collect the Personal Information we require, we may not be able to provide you with requested information, products or services, or to effectively conduct our relationship with you.
5. Information collected via our Website
Personal Information may be collected by us and by our third party service providers who assist us in operating our websites at https://www.marquiseducation.com including their subdomains and any other website we operate from time to time (collectively the Website).
We may use various technological methods from time to time to track the visiting patterns of individuals accessing our Website, including but not limited to the methods set out in this paragraph.
Yearly Course Program
Yearly Course Program means enrolments for the full school year broken down into x4 terms of 10-14*weeks of tuition. *(Year 12 Terms vary and are longer due to the Exam Excellence Programs - total 45 weeks). Please note that termly enrolments no matter which payment method is selected is a commitment to the full term.
Confidential information:
the expression confidential information means the Marquis academic resources and all information and materials, in any form, which comes into a students position under, or as a result of or in performance of, the Marquis education Parent and Student agreement.
Other than as provided for in the Marquis Education Parent and Student agreement, parents and students must not disclose any confidential information for parents and students may use the confidential information disclosed to it only:
With the terms of the Marquis education resource policy
Specific date includes:
- Marquis 2023 Term 4
~ Start: Sat 15th of Jul
~ End: Fri 22nd of Sep
- Marquis 2024 Term 1
~ Start: Sat 7th Oct
~ End: Fri 15th Dec
- Marquis 2024 Term 2
~ Start: Sat 3rd Feb
~ End: Fri 15th Apr
- Marquis 2024 Term 3
~ Start: Sat 27th Apr
~ End: Fri 5th Jul
- Marquis 2024 Term 4
~ Start: Sat 20th Jul
~ End: Fri 27th Sep