Terms & Conditions

Marquis Education
2024 - 2025 Enrolment Terms & Conditions

Marquis Education Enrolment Terms & Conditions 2024 - 2025
You acknowledge and agree you have read the associated Terms and Conditions attached prior to enrolment.

Yearly Course Program Enrolment Definition

Marquis Education Yearly Course Program enrolments are the commitment to enrol with Marquis Education for the full school year broken down into x4 terms of 10 weeks of tuition. Please note that termly enrolments no matter which payment method is selected is a commitment to the full term.

To achieve maximum results Marquis Education Course Programs have been designed to guide and nurture the students' learning over the course of a year with all of our course content strategically mapped to the most up to date NESA Syllabus. Marquis Course Programs from Years 6 to Year 12 build year on year ensuring students learn the foundations and fundamentals in preparation for their senior years of school and in preparation for the final Year 12 and HSC exams. Marquis Programs adequately prepare students to sit exams with confidence to achieve their personal best results and HSC success ensuring our students are well positioned to apply for the desired higher education and acceptance into the degree of choice. 

We work to ensure that both parents and students achieve a return on invested time and money spent working with our Educators, learning online and in -person, supported by our rich resources and academic learning management program that reports weekly on homework and termly on progress.

Enrolment Options and Payment Methods

Enrolment Options For All Course Programs
All student enrolments from Year 6 - Year 12 at Marquis Education reserve and secure a seat in the selected class based on the supplied timetable for the entire school year. UCAT and School Holiday Programs are paid for upfront with a seat secured for the course program dates only.

Creative Kids Vouchers - $50
Marquis has partnered with the NSW Education Department to become a certified Creative Kids Provider. This means that all of our families can apply for a government rebate of $50 per student per year on tutoring services.

Creative Kids Vouchers need to be submitted online via our special website link by 30th of May, 2025. Anything submitted after this date, will not be redeemed by Marquis as it takes time for our team to process the Voucher, authenticate it with a third party; Service NSW; and successfully reimburse the amount to your nominated account.

Yearly Success Programs Years 6-12

• Termly Enrolments - Paid Termly Upfront via DD with commitment to the full year and all terms for the year.
• Dates for Direct Debits are supplied to parents on enrolment.

UCAT Theory and Exam Preparation Programs

• UCAT Termly Course Programs - Paid Upfront Online
• UCAT Holiday Programs - Paid Upfront Online
  
  

Marquis School Holiday Programs Years 6-12

• All Holiday Programs All Year Levels 6-12  - Paid Upfront Online
  
  

Marquis Essay Marking Service

• All Marking Services - Paid Upfront Online 

Marquis  Private 1:1 Tutorials

• Payment is due and payable upfront online to secure session time.
• Marquis 1:1 Private Tutorials will be offered in two session lengths:
  60 minutes - Student Price $79.00

Pricing Fees & Charges

Pricing for all course programs is non-negotiable and non-refundable.

For Holiday Programs and 1:1 Private Tutorials, cancellations must be made 48 hours prior to the session time to receive a full refund to allow another student to book this time. 

Marquis Yearly Course Programs are the commitment to the whole school year as a seat is reserved in the selected class with the selected Educator/s for the year. As Marquis offers such small class sizes, it is not easy to replace a seat in a class halfway through a course program. If a student wants to dis-enrol, they will be required to compensate Marquis for the remainder of the Term or School Year, depending on the time of year.

Marquis Yearly Course Program classes require at least 3 students to run a class at an allocated time throughout the term.

In the rare event that only 1 student shows for a group class, this class becomes a 1:1 that runs for 1 hour only. The Educator will still properly cover all content requirements within the 1 hour as only one student is present and participating. There is no change in pricing whatsoever as the core requirements of the Marquis Yearly Course Program are met and experienced by the student.

Secure Payment Options
Payments for all course programs must be paid online via Marquis Education’s secure website www.marquiseducation.com.au via secure payment merchant software Ezidebit*. Marquis accepts all major Credit Cards, and Direct Debit.

*Ezidebit is certified to the highest industry standards and has obtained regulatory licences around the world. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. Stripe uses the best-in-class security tools and practices to maintain a high level of security.

All bank account and credit card particulars will be encrypted and stored for the purpose of processing payments through our third-party provider Stripe. We adhere to PCI Security Standards Council standards when handling payment information. We have processes in place to ensure the security of your personal information, including encryption of data when it is transferred to our service providers and limitations on access to personal information within our organisation. We do not retain or store CVV numbers.

Fees Applicable

All Yearly programs are required to be paid upfront, on or before the date of enrolment except for subscription enrolments. Students who elect to enrol in the monthly or termly subscription enrolment option via DD are committing to a minimum of 1 term and the maximum of one years enrolment with the requirement of three equal instalments payments during the term or 4 equal payments for the school year.

Transaction Fees:

Administration Fee (once only) up to                                                     Paid by Marquis

Merchant Service Fee (Visa/MasterCard)                                              1.99%

Transaction Fee (bank account)                                                             $0.99

Merchant Service Fee (Amex/Diners)                                                      1.99%

Other Fees:

SMS Payment Reminder (optional)                                                          N/A

Failed Payment Fee                                                                                    $9.90

Marquis absorbs all administration fees

Payments must be made in full, before a student can be set up in our Learning Management System, be issued a Marquis user account and accompanying email, gain access to our learning resources, receive workbooks, start classes/ tutoring, gain access to private tutorials booking platform and receive Educator feedback in class only. We will not commence performing the Services until you have paid the Fee amount in full or first instalment of our Fees as outlined in the Enrolment Agreement.

Postage and Delivery of Educational Materials

1. Collection Day: Marquis Education offers a Workbook Collection Day at the beginning of each term ("Collection Day"), where clients are invited to collect their educational materials in person at a designated location, without incurring any additional fees.
2. Optional Postal Delivery: Should clients be unable or prefer not to collect their educational materials in person on the specified Collection Day, Marquis Education provides an optional postal delivery service. Clients opting for this service will have their educational materials dispatched to their provided shipping address.
3. Incurred Postage Fees: Clients choosing the postal delivery option will incur additional fees to cover the postage and handling costs. These fees will be calculated based on the current rates charged by our shipping partners and the delivery location. Marquis Education will provide an estimate of these fees at the time of opting for postal delivery.
4. Payment of Postage Fees: Postage fees must be paid in full by the client prior to the dispatch of educational materials. Failure to pay these fees may result in a delay or cancellation of the postal delivery service.
5. Responsibility for Accuracy of Shipping Details: Clients are responsible for providing accurate and complete shipping addresses. Marquis Education will not be held responsible for any delivery issues arising from inaccuracies in the provided shipping details.
6. Risk of Loss: The risk of loss and title for educational materials pass to the client upon our delivery to the carrier. Marquis Education is not responsible for any loss, damage, or delay occurring after dispatch and while the materials are in transit.
7. Amendments to Postal Delivery Service: Marquis Education reserves the right to amend the terms and fees related to the postal delivery service without prior notice. Any changes will be communicated to clients through appropriate channels and will apply to orders placed after the date of such changes.

Notice and Notice Period

Please ensure you read the minimum enrolment period applicable to your program selection carefully (below). 

1. Trial Lesson Enrolment - We offer a paid trial lesson without any mandatory commitment or obligation. The trial lesson involves a single lesson for a trial fee. If the parent chooses to pursue the course for their child after the trial lesson, the trial contract will be invalidated, and the client will not be bound by any locked-in obligation. Additionally, the student needs to return any Marquis Theory Workbooks provided before canceling the contract.
2. Termly Payment Subscription DD Option - This is a Term Course paid in advance in 4 equal instalments throughout the school year before the term commences. You will be liable for your first instalment upfront, and then termly thereafter. If you enrol after Week 1 of a term, your upfront first instalment will be manually prorated. You will be liable for a minimum of 10 weeks per term thereafter your first Instalment payment. 
3. Holiday Programs - The Service Period for each School Holiday or Special Program differs. You will be liable for the full duration of the program as outlined in the schedule for your selected Course Program in the Enrolment and Pricing Guide. School Holiday Program dates and course lengths vary depending on the time of year. Refunds will not be provided for no-shows. A minimum 48 hours notice must be given to cancel a Holiday Program enrolment as we offer small class sizes. It is difficult for us to replace this seat at the last minute. 
4. Marking Written Feedback and Review - Marquis Educations offers three pricing tiers for essay marking services, delivering comprehensive feedback and review for English Students. All Marking Services require payment upfront via Marquis Education's website. Feedback will be supplied within the selected specified timeframe. 
5. Private 1:1 Tutorials - Marquis Education offers Private 1:1 Tutorials to Marquis Students enrolled in the Yearly Success Programs only. Private Tutorials are booked in advance online via our student booking portal with payments required upfront at the time of the booking. We offer 60 minute tutorial times. Cancellation policies are clearly stated at the time of booking. Payment is due and payable upfront to secure session time. Cancellations must be made 48 hours prior to session time to receive a full refund to allow another student to book this time. 

Please be aware that if you decide to terminate your enrolment before the designated completion date, which coincides with the term's end, it is imperative that you notify us in writing no less than 14 days before the commencement of the next term.

It is necessary for parents to provide a minimum of two weeks' clear notice if the student intends to discontinue their tuition. In the absence of a formal notification to terminate a termly enrolment, the student will be automatically registered for the subsequent term's course. Consequently, the student's parent will incur the full fee, as we allocate and reserve a seat for the student well in advance, making it challenging to fill the seat without sufficient notice.

This means, you must notify us on or before 8pm Monday of week 9 if you wish to cancel your enrolment with us. Parents must provide two clear weeks’ notice if the student wishes to discontinue tuition. Unless we receive notification for termination of a Termly enrolment, the student will automatically be enrolled for the following Term course and the parent of the student will be charged the full fee as we reserve a seat in the class for the student in advance and cannot fill this seat without adequate notice.

Additionally, should there be a change of mind after the direct debit payment has been processed, Marquis Education reserves the right to not issue a refund.

Defaulted Direct Debit Payments

You will be charged a dishonour fee for any declined transactions. Marquis Education will make all reasonable endeavours to contact the parent directly however, if the account remains overdue after 7 days, we reserve the right to cancel your enrolment and dis-enrol the student from all classes.You acknowledge Marquis Education reserves the right to charge interest at a rate of 2% per month on any amounts unpaid after the expiry of 30 days after the payment date. For more information on Defaulted Direct Debit payments, please see our General Terms & Conditions clauses DISHONOURED PAYMENT BY DIRECT DEBIT and DEFAULT OF PAYMENT BY DIRECT DEBIT.

It is clients' responsibility to:

• Provide us with the correct account information
• Check that their CC / banking account information is always up to date
• Ensure that sufficient funds are available in account on the due date
• Notify us immediately if they believe that there has been an incorrect transaction or default
  

Refund Policy

Marquis Education does not offer refunds. Payments are non-refundable; no refunds or credits will be issued in any circumstances once the course commences as we do not offer refunds for change of mind. Marquis Education will reserve a seat for your child in their selected class for the term or the year, in good faith and will not give that seat to someone else halfway through the year or a term. 

The term fees, one-off enrolment fees and fees for additional programs and services including School Holiday Programs will not be refunded under any circumstances.

Intellectual Property (please read carefully) 

The work and materials that we provide to you contain material which is owned by or licensed to Marquis Education and is protected by Australian and international laws. This includes but is not limited to: (i) written course program notes; (ii) exam papers and exam questions; (iii) homework and homework solutions; (iv) course notes and programs; and (v) learning videos (Materials) and branded merchandise. 

We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials. 

You understand these rights are non-transferable and you must not breach our Intellectual Property rights by, including but not limited to:

1. altering or modifying any of the Materials.
2. creating derivative works from the Materials; or
3. placing in the public domain; or
4. printing our Material from the Marquis Education LMS or Private Website; or
5. using our Materials for commercial purposes such as on sale to third parties; or 
6. copying with intent to sell or share; or 
7. using Materials to teach or tutor another student outside of Marquis Education

• You understand that no Marquis Educational material (physical booklets, handouts, online documents) are distributed or published elsewhere
• You understand that any films provided by Marquis Education are to be used for educational purposes and are not to be circulated elsewhere.
• Marquis Education Resources are copyright. This also includes all online materials. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of Marquis.
• Students and Parents:
• Reproduce;
• Publish;
• Make an adaptation;
• Sell or resell;
• Distribute, give or provide access to (including distribution usernames and passwords);
• Communicate (which includes causing electronic transmission such as broadcasts, and making available online); or
• Claim attribution of ownership of Marquis Education Resources. Breach of the Copyright Act 1968 will result in immediate termination of enrolment and in legal proceedings.

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. 

Academic Policies 

TUTORIALS

1:1 Private Tutorials are dependent on Educator availability which changes on a term by term basis depending on the time of year. All Private Tutorials must be booked online through the private online booking website a minimum of 24 hours in advance. Tutorials are designed to assist and support students outside of the classroom on subjects they are enrolled in at Marquis Education only and that these tutorials are not directed learning. It is the responsibility of the student to bring their own questions to the tutorial. Marquis will provide additional support material directly related to and based on our Course Programs content.

Educators may change at any time during the term due to availability, and depending on text specific* and school specific* needs.

* Text-specific classes are only available if numbers permit as we require at least 3 students to successfully run a class.

* School-specific classes are only available if numbers permit as we require at least 3 students to successfully run a class.

ATTENDANCE AND HOMEWORK SUBMISSION
You acknowledge that to achieve progress and the best results from Marquis Educations course programs, you are required to attend class every week and submit homework as required. If a student fails to attend one or more classes during the Service Period, neither credit nor refunds will be provided by Marquis Education in accordance with our enrolment Terms and Conditions. 

Students are required to complete and submit all homework weekly. Homework submission will be monitored by Marquis Education Educators and the Marquis Education Student Services Team.

All online and in-person students are expected to complete and submit assigned weekly homework from our Theory Workbooks and present it in the following manner:

• Maths
• All Maths homework tasks must be handwritten (unless specified otherwise) on A4 lined/grid paper, as this well help aid students in writing line by line mathematical working out and problem solving that is expected during exam conditions.
• For online students, scan and submit on Google Classroom in ‘WX H/W Submission’.
• For in-person students, all sheets must be stapled together when handing in person.
• The following details must be clearly written at the top of each homework task: full name in top right-hand corner, question number and task detail on the top left side.
• If homework is not presented in the above manner, then it will not be marked.
• English:
• Students are required to submit their handwritten or typed homework on Google Classroom in ‘WX H/W Submission’
• The following details must be clearly typed and written at the top of each homework task: question number and task detail on the top left side.
• If homework is not presented in the above manner, then it will not be marked.
• Students must present the Marquis Educator with copies (electronic or otherwise) of all assessments and/or evaluation tasks, as well as feedback from their school teacher/s. This will enable the Educator to address all areas of concern, and comparatively focus on improving the student’s rank and academic proficiency.

MAKE-UP CLASSES
We offer make-up classes and or a copy of the recording of the class within a week of the missed class time. In the event that a student cannot make their regular class time they need to notify the Student Experience Team as soon as they know they cannot attend so that they can advise the Educator otherwise we will be calling you to find out why you are not in class. It is the responsibility of the student to access our online resources and request a video recording of the class and the class notes from a Student Experience Manager in the centre or online for any class missed. Also note that the Marquis week starts on Saturdays and ends on Fridays.

Make up classes can be booked online here.

INFORMATION REQUIRED AT THE TIME OF YOUR ENROLMENT

Marquis Education requires you to provide us with your school’s Option Topic and texts for the year. We also require you to fill out a medical form, so that Marquis can be adequately prepared in the case of an emergency. 

ACCELERATION

You acknowledge and agree that students wishing to accelerate into a higher stream for a subject are required to sit a diagnostic exam which will be assessed at the sole discretion of Marquis Education.

• Students may also be required to provide evidence of their acceleration at school in that subject.
• If approved to accelerate into a higher year level for a selected subject, you will be charged the difference in price between the year level you originally enrolled in and the higher year level. This price will be calculated on a pro rata basis from the week you accelerate. The pricing is specified in the Enrolment and Pricing information provided on our website. 

General Enrolment Policies

COMMUNICATION WITH PARENTS AND STUDENTS
You authorise Marquis Education to use student and parent 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. 

Student Behaviour Policy and Code of Conduct

Students must treat other fellow students and staff at Marquis with respect at all times. Students are expected to be on their best behaviour at all times during classes and must be dressed neatly and appropriately whilst in Marquis Learning Centres. 

If learning online Students must have their camera switched on so that Educators can teach and facilitate the class with a physically present student. Microphones must be in working condition and it is the responsibility of the student to have secure and reliable wifi connection. 

Mobile phones are not allowed to be used in class and are to be switched off or on silent.  If a parent or guardian needs to get in contact with a student whilst they are in class, they should contact Marquis Education's Centre and speak to a Student Experience Manager.

No food is permitted in classrooms.

Marquis' Student Code of Conduct, that every single pupil must adhere to and all times at Marquis:

• Respect
• Treat one another with dignity
• Speak and behave courteously
• Cooperate with others
• Develop positive and respectful relationships and think about the effect on relationships before acting
• Value the interests, ability and culture of others
• Dress appropriately to each lesson (both online and in-centre)
• Take care with Marquis property and learning materials
• Safety
• Model and follow Marquis's class codes of behaviour and conduct
• Negotiate and resolve conflict with empathy
• Take personal responsibility for behaviour and actions
• Care for self and others
• Avoid dangerous behaviour and encourage others to avoid dangerous behaviour
• Engagement
• Attend every lesson (or arrange for make-up lesson) and arrive to class on time 
• Be prepared for every lesson
• Actively participate in learning
• Aspire and strive to achieve the highest standards of learning

Furthermore, the purpose of tutoring at Marquis Education is as follows:

• The priority of each child's enrolment and attendance in our Yearly Course & Holiday Programs is to learn one term ahead and stay ahead of their peers, significantly improve their literacy and numeracy skills to achieve an advanced level, & receive weekly personalised school assessment assistance so they can score the highest ranks at their school and eventually the HSC
• NOT to socialise and act inappropriately
• Clients are paying for their children to lean and not waste their time and abuse their learning opportunity
• Students need to channel their energy into the content

Our Academic Team are constantly working hard to create a safe and nurturing learning environment that's conducive to the most erudite, progressive and transformative student experience for each and every one of our students at Marquis and the above is essential to enable this. 

Each student agrees not to conduct themselves in an antisocial or disruptive manner towards other students or staff of Marquis Education. We have a zero tolerance stance in response to behaviour that is detrimental to self or others or to the achievement of high quality teaching and learning. Any student who engages in disruptive or inappropriate behaviour will receive 3 warnings per term. After the third warning, the student may be asked to leave the class. Marquis Education reserves the right to suspend, disenroll or cancel a student’s enrolment if the inappropriate behaviour persists. This is to ensure the safety of other students and our staff whilst on our premises and learning online.  If a student is suspended, disenrolled or we cancel their enrolment at Marquis, then we will not refund for lessons that they are not permitted to attend for the rest of that term. Pricing for all course programs is non-negotiable and non-refundable. 

Damage to Property

Students will be liable for costs incurred by a student intentionally damaging Marquis property.

Attendance & Makeup Classes

Students must attend ALL scheduled lessons. To permanently change the frequency of, or time set for scheduled lessons, early notice is required. Please note, lessons run throughout the school term, regardless of public holidays, to ensure that we cover all aspects of the NSW NESA Curriculum.

It is in the students best learning interests that they attend a maximum of 2 make-up lessons per term to ensure that they don't fall behind and to ensure the Educator can monitor progress.  Remember that our normal week begins on a Saturday and ends on a Friday so the make-up class must be attended in the same week as the normal class. Please notify us by filling this form to book in a make-up lesson. If no lesson is attended that week, we’ll email them through the materials for that week.

Please be aware that our make-up lessons are offered based on the current availability within our timetable. We strive to accommodate your needs to the best of our ability, but this is subject to the existing schedule and Educator availability.

To notify us of absences over an extended period of time due to trips, major illnesses please email us in writing to hi@marquis.education.

Personal Property

The student’s personal property is not insured by Marquis, Marquis will not accept responsibility for any loss or damage.

Marquis Resources,  Course Booklets & Tutoring Materials

Students who are enrolled in a course at Marquis will receive their weekly booklets when attending their scheduled weekly lesson. Students who do not continue with the full-term commitment will not receive the remaining weekly booklets and will also not get a refund for the remaining of the term. Marquis resources are exclusive to Marquis students who are enrolled in the course and are not available for purchase separately.

Students must maintain a portfolio of all tutoring materials, marked homework tasks and glossary documents.

Please look after your issued Marquis course booklets carefully as they take a substantial amount of time, resources, and effort to prepare. Owing to this, any lost or damaged course material will incur a compulsory $100 replacement fee per term/module.

Special Promotions

From time to time, Marquis Education may offer special (promotional) offers. Each of our special offers will have its own specific ‘Terms and Conditions’. You must refer to the respective terms and conditions before accepting the offer. Any special offers cannot be used in conjunction with any other offers or discounts and cannot be redeemed as cash. Promotions cannot be stacked.

Plagiarism Policy

• To ensure that all homework is in no way falsified or copied from another source
• To undertake homework tasks and research responsibly and with honesty and integrity
• To acknowledge appropriately the work of others, when required

What is Plagiarism?

Plagiarism is taking and using another person's ideas and or manner of expressing them and to pass them off as your own by failing to give appropriate acknowledgment. This includes material sourced from the internet, staff, other students, and from published and unpublished works.

Plagiarism occurs when you fail to acknowledge that the ideas or work of others are being used, which includes:

• paraphrasing and presenting work or ideas without a reference
• copying work either in whole or in part
• presenting writing or images as your own work
• using phrases and passages verbatim without quotation marks or referencing the author or web page
• reproducing other people’s work without proper acknowledgement.

If a student is caught plagiarising, then the penalties applied will depend on the seriousness of the offence and whether the student has been counselled before. These may include:

• The work not being assessed
• A zero grade for the unit
• And if this issue is prolonged, then exclusion from the institute

Digital & Online Policy

• All Marquis Students agree to set up a personal user account for Google Classroom using a Marquis email address.
• All Students must understand that Google Classroom will not be used for posting an assignment and expecting it to be marked straight away (you can post brief questions pertaining to tutoring work).
• To respect the copyright of all online Marquis Education learning resources material.
• NO EMAIL POLICY – no email correspondence is to occur. If a student needs help before an assessment, then they can bring in their work to discuss with the teacher within class time.

Sharing School Results

Marquis Education requests that its students provide school exam results, HSC results, photographs and ATAR by phone or email when requested from either a HSC Consultant or Student Experience Manager. Marquis Education reserves the right to advertise names, results and photographs for promotional purposes, but will remove them at the request of the student, parent or guardian.

Privacy

We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback directly relating to the services we offer.  If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

We collect and use the information for purposes including:

• To contact and communicate with you;
• To monitor your child's learning progress
• To process payments;
• For internal record keeping;
• For marketing including direct email marketing;
• To run competitions or offer additional benefits to you;
• To send you promotional information about third parties that we think may be of interest to you; and
• For data analytics purposes.

Disclosure of personal information to third parties.

We may disclose personal information to:

• Credit reporting agencies, courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;
• Courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• Third parties, including agents or contractors, who assist us in providing information, products, services or direct marketing to you. These may include parties located, or that stored data, outside of Australia; and
• Third parties to collect and process data including Google Analytics or other relevant business. These also may include parties located, or that store data, outside of Australia.
  
• When we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy regarding handling of your personal information.

Indemnity

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation; 
2. any breach of these Terms; and 
3. any misuse of the Services from or by you or any agent.

You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.

The obligations under this clause will survive termination of these Terms. 

General

Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

Publicity: You consent to us using advertising (including advertising 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. 

Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. 

Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld). 

Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.  If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.  If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days' notice in writing.

Notice: Any notice required or permitted to be given by you under these Terms will only be deemed to have been served by completing the applicable Online Enquiry Form which can be found on our website at http://www.marquiseducation.com.au.

Jurisdiction & Applicable Law: 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.

Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. We won't be held liable for any delays or failure in performance of any part of the online service, from any cause beyond our control. This includes, but not limited to, changes to law or regulation, war, terrorist attack, pandemic and/or acts of hackers or third party internet service providers..