STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICE

1. INTERPRETATION In these Terms:
   1. “Inkubate” means Arora & Ly Pty Ltd – ABN 98 667 334
   2. “Customer” means the purchaser of Services from
   3. “Student” means the person receiving the Services purchased and paid for by the
   4. “Services” means all Services provided by Inkubate to the Customer including but not limited to Practice Exams, Preparation Courses, and Essay Corrections.
   5. “Terms” means these Terms and Conditions of
2. APPLICATION
   1. No amendment, alteration, waiver or cancellation of any of these Terms is binding on Inkubate unless confirmed by Inkubate in writing.
   2. The Customer acknowledges that no employee or agent of Inkubate has any right to make any representation, warranty or promise in relation to the Services or the Sale of the Services, other than as contained in these Terms.
   3. These Terms and Conditions of Sale supersede and take precedence over any prior Terms and Conditions of Sale of Inkubate, or anything to the contrary contained in any current or former Inkubate document, publication, website etc.; or any other advice or general understanding in respect to the Inkubate Terms and Conditions of Sale.
3. PRICES, BILLING AND PAYMENT
   1. Prices are determined at the time of purchase and are subject to change without notice. Once the Service has been paid for, the price shall remain fixed for the Customer and under no circumstances shall Inkubate refund the difference should the price of that service decrease.
   2. Inkubate Services must be purchased online via the Inkubate
   3. On Completion of the Order, a Tax Invoice and Booking Schedule will be emailed to the Customer. The Tax Invoice will detail the total value of your Order. The Booking Schedule will detail the Individual items within your Order, the scheduled date, time, venue (including online Services) and total payment due.
   4. Invoices are payable within 14 calendar days of receipt of the Invoice. Unless the Service is scheduled less than 14 calendar days from the date of booking, in this case, payment must be made at the time of booking.
4. REFUND POLICY
   1. All requests for refunds must be completed via email: hello@inkubateeducation.com
   2. No refund will apply to any Service already
   3. No refund will be provided if the Customer has received and/or accessed any materials, including but not limited to Practice Exams, Preparation Courses, Analytics, and Essay
   4. Management reserves the right to refund where extenuating circumstances
5. CUSTOMER OBLIGATIONS

   To enable Inkubate to perform their obligations, the Customer and Student must:

   1. Keep Inkubate notified of their correct name and email
   2. Comply with all statutory requirements – particularly in regards to data protection and confidentiality
6. CONTRACT

   The Terms of the Contract are wholly contained in these Terms and any other writing signed by both parties.

7. COPYRIGHT

   All Inkubate materials are protected by the Copyright Laws of Australia. All rights are reserved. No material may be reproduced, photocopied, recorded, shared or used by any person other than the original Student. This includes but is not limited to siblings, cousins, friends or other members of the community.

8. FORCE MAJEURE

   Inkubate will not be liable for any breach of Contract due to any matter or thing beyond the control of Inkubate (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, pandemic or major health event, wars, riots or civil commotion, intervention or public authority, explosion or accident).

9. WAIVER OF BREACH

   No failure by Inkubate to insist on strict performance of any of these Terms is a waiver of any right or remedy which Inkubate may have and is not a waiver of any subsequent breach or default by the Customer.

10. NO ASSIGNMENT

    Neither the Contract nor any rights under the Contract may be assigned by the Customer without the prior written consent of Inkubate, which is at Inkubate’s absolute discretion.

11. SEVERABILITY

    If any provision contained in these Terms and Conditions is held by a Court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

12. GOVERNING LAW These Terms and the Contract shall be governed by the Law of New South Wales and the parties submit to the Courts of New South Wales in respect of any dispute arising.
13. LIMITATION OF LIABILITY
    1. Inkubate shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of negligence
    2. Inkubate shall not be liable under any circumstances to the Customer or Student or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer or Student howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
    3. Inkubate makes no promises for the success of any Student’s ability to gain entry into a chosen school.

Registered Business: Arora & Ly Pty Ltd. ABN 98 667 334 992. Terms of sale last updated 20 December 2023.