Terms and Conditions
1. About This Agreement
1.1 What this agreement is about
This agreement sets out the terms and conditions that apply to your subscription with IELTS MyEssay. These following terms also apply to your subscription:
The terms of use for Slack covered by your Subscription;
The terms of use for PayPal
our Privacy Policy (http://www.ieltsmyessay.com/privacy/).
1.2 This agreement is binding
You agree that you are of legal age to, and are authorised to, enter into this agreement and be bound by it.
1.3 How long this agreement will last
This agreement commences on the Activation Date and continues until:
you terminate this agreement under clause 1.4; or
we terminate this agreement under clause 10.1.
1.4 How you can end this agreement
You can terminate this agreement at any time by Un-subscribing via PayPal following these steps
Visit https://www.paypal.com/myaccount/autopay/
Select “Plus One Point Pty Ltd”
Click “Cancel”
Click “Cancel Automatic Payments"
2. Trial Period
2.1 When this clause applies
This clause 2 applies only when: you have not, before its Activation Date, had a Trial Period for IELTS MyEssay.
The Trial Period applies for 14 days after you have signed up for IELTS MyEssay.
2.2 About the Trial Period
The Trial Period for IELTS MyEssay starts on the Date you sign up for IELTS MyEssay.
The terms of clause 2 of this agreement apply only during the Trial Period.
2.3 What happens during the Trial Period
You do not need to pay Fees for using IELTS MyEssay during the Trial Period.
At any time during the Trial Period, you can un-subscribe from IELTS MyEssay by following the un-subscription directions explained in clause 1.4. If you do that, then IELTS MyEssay will become an Un-Subscribed Product when its Trial Period ends.
If you do not take action as described in clause 2.3(b), then at the end of the Trial Period:
your Subscription for the Subscribed Product will automatically renew; and
this clause 2 will no longer apply to your IELTS MyEssay subscription.
3. Managing your Subscription
3.1 Automatic renewal of your IELTS MyEssay subscription
If you pay us the applicable Fees, we will provide you with IELTS MyEssay services during the Subscription Term as set out in this agreement.
We will automatically renew your Subscription for IELTS MyEssay every Subscription Period, specifically every 30 days (except as set out in clause 9(b)).
3.3 How you can un-subscribe from a Subscribed Product
You can un-subscribe from IELTS MyEssay at any time by following the steps explained in clause 1.4. IELTS MyEssay will then become an Un-Subscribed Product on the day of the next recurring payment day.
Except as set out in the Australian Consumer Law or clause 6.2, if you unsubscribe from any Subscribed Product, you are not entitled to a refund of any Fees that you have paid in connection with IELTS MyEssay.
3.4 Subscriptions are not transferable
Your Subscription is not transferable for any reason. You must not rent, lease, assign, transfer, loan or otherwise distribute your Subscription or any Subscribed Product.
3.5 Gift subscriptions
We may allow Subscriptions to be purchased as a gift. If we do so, the person responsible for payments and fees is the person who initially purchased the gift Subscription and only that person may receive any refunds or other payments that may be due in respect of the gift Subscription. Apart from that, these terms and conditions will apply to the beneficiary of any gift Subscription, who may therefore use your Subscription only in accordance with these terms and conditions, and all references to “your” and “you” (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the gift Subscription.
4. Websites Access
4.1 No guaranteed access
By its nature, the internet is not uninterrupted or error-free, and so there may be times when IELTS MyEssay is unavailable or does not work properly due to technical difficulties.
After the free trial, Slack does not guarantee to save the data for the free trial. You may not be able to see old posts, and Slack holds the right to delete data when other users delete it by mistake. It is your responsibility to ensure necessary information is kept.
We cannot guarantee that the software used for IELTS MyEssay will be free from computer viruses or other defects or errors which may affect your software or systems. To protect your software and systems we suggest you install and implement your own system protection software.
4.2 Our right to change Products
We reserve the right to modify the content, inclusions, type and availability of the Products at any time. In the event your Subscription changes you will be given 14 days’ notice prior to when you would need to make a decision to cancel and not be affected. Your Subscription change will automatically take place from your next Subscription Period. We also reserve the right under special circumstances to enable free access to our Products for a limited period of time. During this time, you will not be eligible for a refund.
5. Acceptable Use
5.1 Permitted use of Subscribed Products
You must use IELTS MyEssay for your personal use only.
5.2 Restrictions on use
You must not:
use your Subscription for any commercial purpose, including on-selling your Subscription to any third party, or charging a fee for access to IELTS MyEssay
make IELTS MyEssay available to any person, share your IELTS MyEssay feedback on social media, include them in any collection or make it available for download on or through any website;
attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software used for IELTS MyEssay;
directly or indirectly introduce, or permit the introduction by any third person of, any virus, worm, trojan or other malicious code into the IELTS MyEssay system, or in any other manner whatsoever corrupt, degrade or disrupt the operation of any IELTS MyEssay related software;
allow any third party to do anything inconsistent with this agreement;
use IELTS MyEssay for any unlawful purpose or in any unlawful way.
5.3 Submitting Essays
When you submit your essay to us in any format
you grant us a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our teaching materials, online video sharing platforms and social media, now and in the future, and to attribute you, using the details you have provided to us, as the author/provider of that content;
you waive any moral rights in your contribution for the purposes of its submission to and use by us in accordance with these terms and conditions.
6. Fees and Payment
6.1 Fees
You agree to pay us:
the Subscription Fees for the Subscription Period, payable in advance;
6.2 Refunds
All Subscription Fees are non-refundable, except that a refund of Subscription Fees paid is available where required by law.
6.3 Acceptance of Terms
Payment of Subscription Fees is full acceptance of these terms and conditions and enters you into a binding agreement.
6.4 Fees – payment by credit card
You agree to pay the Subscription Fees for each Subscribed Product during the Subscription Term.
You are responsible for timely payment of the Subscription Fees and for providing us with a valid credit card for payment of these Fees. You must advise PayPal promptly of any changes to your credit card details during the Subscription Term.
6.5 Payment on invoices
You will receive by email an invoice for each payment that PayPal automatically issues on the payment of renewal.
6.6 Increase in fees
The IELTS MyEssay Fees are fixed for the first Subscription Period of the Subscription Term.
After that, we may, with effect from the start of each subsequent Subscription Period, increase the Fees at our discretion. We will notify you of any such increase at least 14 days before the start of the Subscription Period to which the increase relates.
6.7 GST
Unless we state otherwise, all prices include GST.
7. Ownership of Intellectual Property Rights
You agree that all rights, title and interest (including all intellectual property rights) of IELTS MyEssay are owned or licenced by us. The only right that you have in respect to IELTS MyEssay is the right to use IELTS MyEssay in accordance with this agreement.
8. Accuracy of Your Information
You are responsible for ensuring that all information you provide to us is accurate and up to date. If there are any errors in your contact information or other details, we are not liable for the consequences that may arise as a result of such errors or incorrect information. To change or update your contact details or other information, please contact IELTS MyEssay management.
9. Suspension or Cancellation of Subscription
We may limit, suspend or cancel your access to IELTS MyEssay without notice to you if:
you fail to pay Fees in accordance with this agreement, and fail to remedy that failure within 5 Business Days after the date of a notice from us specifying the amount overdue;
the access or use of IELTS MyEssay by the Subscriber is or becomes unlawful, or contrary to any applicable industry code; or
we reasonably believe that, in the course of using IELTS MyEssay, you have breached a person’s rights (including intellectual property rights) or any law.
We may cancel your Subscription to a Subscribed Product at the end of any Subscription Period by giving you written notice of cancellation.
10. Termination of Agreement
10.1 Termination
We may terminate this agreement immediately by notice in writing if you:
breach any term of this agreement that is not capable of remedy;
are no longer subscribed to IELTS MyEssay;
breach any term of this agreement that is capable of remedy and you fail to rectify that breach within 5 Business Days of receiving a notice from us requiring you to do so; or
become an externally administered body corporate (as that term is defined in the Corporations Act 2001) or are otherwise unable to pay your debts as and when they fall due for payment.
10.2 Effect of termination
Termination of this agreement will automatically result in the termination of all then current Subscription Terms.
On the expiry or termination of this agreement, you must immediately stop using IELTS MyEssay.
Upon termination of this agreement, you will not be entitled to receive any refund of any part of any Subscription Fees or other Fees paid by you under this agreement, except in relation to Non-excludable obligations, or as set out in clause 6.2.
11. General
This agreement is made up of the Subscription Details and these terms and conditions.
The law that applies to this agreement and to disputes arising from or in connection with it or the Websites is the law of Queensland of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland.
If any provision of these terms and conditions is invalid under the law of any jurisdiction the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not. This does not apply where enforcement of the modified provision would materially affect the nature or effect of the parties’ obligations under these terms and conditions.
You may not assign your rights under this agreement, or attempt to do so, without our prior written consent (which we may give or withhold at our absolute discretion).
Specifying anything in this agreement after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.
These terms and conditions may be changed in the future at any time without advance notice.
