Terms of Service

The information (“Information”) is accessible by you (“Visitor”) using the mVuli Academy website.

Visitor’s Duty:

1.    OUR CONTRACT WITH YOU 

These subscriber terms of use (“Terms of Use” or “Terms”) govern your use of our Services and constitute a binding contract between you (“Subscriber” or “Customer” or “You”) and mVuli Academy, an Australian Charity (“mVuli Academy” or “We” or “Us” ), regarding the terms under which mVuli Academy will provide Subscriber with access to the Services.

BY REGISTERING ON mVULI ACADEMY, SUBSCRIBER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF USE (“Acceptance”).

Subscriber agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Subscriber. To the extent permitted by law, these Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Use for future reference. 

These Terms are written in English.

2.    WHO WE ARE AND HOW TO CONTACT US 

Who we are. mVuli Academy is an Australian  based Vedanta Charitable Foundation limited liability company and has its registered office located at 13 Parsons Blvd, Deception Bay, Queensland 4508, Australia.

How to contact us. You can contact us by writing to us at support@mvuliacademy.org

How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order.

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. “Website” refers to website https://mvuliacademy.org

3.    YOUR PERSONAL DATA 

  1. We will only use your personal data as set out in our Privacy Policy 
  2. Should you wish to adjust your choices regarding unsolicited commercial communications, please email us at support@mvuliacademy.org

4.    OUR RIGHT TO MAKE CHANGES 

From time to time, we may update these Terms and/or change the Services for valid business reasons to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. To the extent permitted by law, changes are effective immediately upon posting on our Website and Subscriber’s continued use of any of the Services following the posting of revised Terms of Use means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws. You should review the Terms to ensure you are aware of the latest version.

If we make any material change to these Terms, we’ll give you advance notice of the change. Please read any such notices carefully. Your continued use of the service after changes become effective shall mean that you accept those changes. If you do not wish to continue using the Service under the new version of the Terms, you may cancel your subscription by emailing us at support@mvuliacademy.org

5.    GENERAL

mVuli Academy courses are exclusively for students in Fiji. Students outside must not use these courses. However, sponsors outside Fiji may sponsor subscriptions to students in Fiji.

The Services enable users to connect to recorded instruction, tutoring, and the courses. The Services include, without limitation, facilitating and delivering Courses and supporting materials.

You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

If You elect to access or use our Services that involve payment of a fee, then you agree to pay, and will be responsible for payment of that fee. If you provide credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize mVuli Academy to charge your credit card on a regular basis to pay the fees as they are due.

If your payment method fails or your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block your access to any of the Services pending resolution of any amounts due by You to mVuli Academy.

All of your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. 

Access to our Services from outside Fiji is prohibited. You agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which You reside. You must agree to abide by all local rules regarding online conduct and acceptable content.

6.    MEMBERSHIP

When you sign up for our Services you will become a member of mVuli Academy. Your membership will continue until terminated by You or us. 

As part of our leaderboard functionality, the name given when registering with mVuli Academy will be shown and be visible to other mVuli Academy users onsite within the leaderboard. This name can be changed anytime by you.

If you have made an input error when registering or placing an order please login into your member’s area, go to your Account and amend your details accordingly. Should you encounter any issues or need further assistance please contact support by email. 

Billing of the purchased subscriptions will occur after a 7 day trial period. You acknowledge that you do not have a right to change your mind in respect of purchase of subscriptions after the 7 day trial period where we have started to provide you with access to the relevant course(s).

During your subscription peiod you will have access to courses, you can communicate with educators and contact customer support us at support@mvuliacademy.org

Unless you cancel your subscription before your payment date, you authorize us to charge your subscription fee to your Payment Method (see “9. Cancellation and other changes” below). 

Our Services are provided over the internet. To use them you must have Internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). In order to validate your payment method, we may make a minor charge in the form of a nominal refundable amount and simultaneously refund that charge. This transaction does not result in any payment having been made to mVuli Academy.

In relation to family/teacher/sponsor accounts, a parent account, which is defined as the provider of the family/teacher/sponsor subscription, will have administrative authority to add and remove members from the account. In the event of a parent account cancellation, all child accounts will be also cancelled. A child account will be defined as account added to a family by a parent account. It is not possible for a child’s account to remove a parent account. All accounts in a family plan will have independent history in regards to course materials. All accounts will have the option of a standard reactivation.

Neither sponsor or per course members gain access to bonus content, course materials or certificates through membership alone. These are instead provided through mVuli Academy offers and individual purchase.

Coupon vouchers used to gain subscription may only provide access to a course for only one year, after which if you wish to continue to use our Services, you will be charged the same subscription fees as a standard member.

Whilst we do not provide refunds for any partial subscription periods, you may receive credits into your account for any downgrades of numbers of seats or subscriptions.  

7.    FREE TRIALS

Your mVuli Academy subscriptions starts with a free trial. The free trial period of your subscription lasts for 7 days, unless otherwise specified, from the time of purchase of subscription or as otherwise specified during sign-up. It is intended to allow new subscribers to try the service. You will be notified during your purchase of the a free trial period.

We will bill any Payment Method provided by You for your subscription at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period.

Free trial offers unlimited access to our courses for a period of 7 days. 

8.    BILLING

Billing Cycle. The subscription fee for our service will be billed annually on a on a recurring basis. You will be billed to your Payment Method on the calendar day corresponding to the commencement of your paid subscription. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying subscription began on a day not contained in a given month. We may attempt to collect partial payment should the full payment fail.

Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may:

  • terminate our contract with you; and/or 
  • suspend your access to the service until we have obtained a valid Payment Method. If we suspend Your access, you authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. 

For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. 

If you want to enquire about a payment made on your account, please contact us by email at support@mvuliacademy.org

9. CANCELLATION AND OTHER CHANGES

Cancellation: You can cancel your mVuli Academy subscriptions at any time. If you want to enquire about a payment made on your account, please contact us at support@mvuliacademy.org. To cancel, login to your Members Area and click on the profile icon to access your user profile section. Under the Subscriptions and Payments tab you can Cancel Subscription and follow the prompts. If you signed up to mVuli Academy using your account with a third party (such as an app store) as a Payment Method and wish to cancel your mVuli Academy subscription at any time, including during your free trial, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the mVuli Academy service through that third party. Whilst we do not provide refunds or credits for any partial subscription periods please contact us at support@mvuliacademy.org

We endeavour to process cancellations as efficiently as possible and have created the cancellation mechanism in your Members Area for this.

Right to end the Services:

  • We may terminate your access to the Services if you do not comply with these Terms including your payment obligations. 
  • We may write to you to let you know that we are going to stop providing the Services. We will give you advance notice of this and will refund any sums you have paid in advance for Services which will not be provided. 
  • We may terminate your access to the Services if you have been reported against by your group members for misusing the social learning functionalities or using it for non-educational purposes. 

Re-Purchase: When you cancel your subscription, you have an option to re-purchase your subscription at any stage thereafter. Should you choose to re-purchase, your subscription will start again and your next subscription will be charged to your account. 

Upgrade or Downgrade the number of students in your group or subscription packages: If you choose to Upgrade or Downgrade the number of students in your group or subscription packages, your existing subscription will automatically get adjusted by offering you a credit for downgrades or charging you additional amounts for upgrades.

Changes to the Price and Service Plans. We reserve the right to and may change our service plans and the price of our service from time to time. mVuli Academy will display any price changes on the site. We will post the changes on this page and/or notify you, either through the members user interface, the subscription and payments user interface and/or through other reasonable means such as by email notice sent to the email address specified in your account or otherwise. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. Please therefore make sure you read any such notification of price changes carefully and if you have any questions or concerns regarding your account, please contact our support team by email.

Refunds. If You purchase:

  • any course subscription from the members area, from checkout page or any other method, refunds cannot be provided without just cause, as defined by incorrect content or pricing; and/or
  • a subscription is continued for any other duration of course access, refunds cannot be provided without just cause, as defined by incorrect pricing of content or in the other circumstances set out in these Terms of Use. 

10. PASSWORDS & ACCOUNT ACCESS

The member who created the mVuli Academy account and whose Payment Method is charged (the “Account Owner”) has access and control over their mVuli Academy account. To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should not reveal the password nor the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the mVuli Academy website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, mVuli Academy or our partners from identity theft or other fraudulent activity.

11. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.

Subject to these Terms of Use, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sub licensable right to access that portion of Our Service applicable to Your Subscription type. By agreeing to grant such access, the mVuli Academy does not obligate itself to maintain the Website, or to maintain it in its present form. The mVuli Academy may upgrade, modify, change, or enhance the Services and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the Services and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside the Academy’s control, in which case the Academy will explain the reason for the changes as soon as is reasonably practicable).

Subscriber agrees to abide by any rules or regulations that the mVuli Academy publishes with respect to conduct of Subscribers which rules and regulations are hereby incorporated into these Terms of Use by this reference. The mVuli Academy reserves the right to deny a Subscriber access to Our Service if, in the mVuli Academy’s sole discretion, Subscriber has failed to abide by these Terms of Use or appear likely to do so.

Subscriber accepts that the mVuli Academy, in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use.

Subscriber promises, acknowledges, and agrees on behalf of itself and any other Subscribers added to their subscription (“Sponsor/Family/Teacher Users” that:

  • Access privileges may not be transferred to any third-parties;
  • Subscriptions are solely for the subscriber and shall not be shared with others.
  • It will not access, store, distribute or transmit any Viruses;
  • It will comply with all applicable laws and regulations with respect to use of the Services;
  • It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
  • It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
  • It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
  • It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
  • It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
  • It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

12. AVAILABILITY OF WEBSITE

Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the mVuli Academy liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the mVuli Academy’s upgrading, modification, or standard maintenance of the Website.

This Website may contain links to other websites that are not operated by or related to mVuli Academy. mVuli Academy is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by mVuli Academy. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.

14. DISCLAIMERS OF STATEMENTS/WARRANTIES

SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MVULI ACADEMY NOR ANY PERSON ASSOCIATED WITH MVULI ACADEMY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MVULI ACADEMY NOR ANYONE ASSOCIATED WITH MVULI ACADEMY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. MVULI ACADEMY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY MVULI ACADEMY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

15. LIMITATION OF LIABILITY

MVULI ACADEMY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR MVULI ACADEMY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

THIS SECTION APPLIES TO MULTI-USER SUBSCRIPTIONS: IN NO EVENT SHALL MVULI ACADEMY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT MVULI ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND MVULI ACADEMY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF USE, SHALL BE LIMITED TO THE LESS THAN THE AMOUNT PAID BY SUBSCRIBER TO MVULI ACADEMY IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.

THIS SECTION APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF FIJI: IN NO EVENT WILL MVULI ACADEMY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.

16. INDEMNITY

Subscriber agrees to compensate and defend fully mVuli Academy, its officers, employees, agents, successors, and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.

17. SURVIVAL

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.

18. ASSIGNMENT

Subscriber may not transfer these Terms of Use, in whole or in part. mVuli Academy may transfer these Terms of Use and/or subcontract some or all of its obligations hereunder at any time. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

19. COMPLAINTS AND ONLINE DISPUTE RESOLUTION 

Please contact mVuli Academy support team at support@mvuliacademy.org if you are experiencing any issues with our Services. We will endeavour to resolve any issues as soon as practicable.

20. LAWS

Unless otherwise required by a mandatory law of your jurisdiction, our contract with you (and any non-contractual disputes/claims arising out of or in connection with them) is subject to the laws of Australia, without regard to choice or conflicts of law principles, and you can bring legal proceedings in respect of the products in the Australian courts. 

21. INJUNCTION

Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Use may cause mVuli Academy irreparable damage, for which the award of damages would not be adequate compensation. Consequently, mVuli Academy may seek an injunction to prevent Subscriber from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and mVuli Academy may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which mVuli Academy may be entitled at law or in equity.

22. SEVERABILITY

If any provision of these Terms of Use are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.

23. COMPLETE UNDERSTANDING

These Terms of Use, together with the Privacy Policy & Cookie Policy, constitute the sole and entire agreement between Subscriber and mVuli Academy with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms of use, both written and oral, with respect to the Services.

EFFECTIVE DATE: 15 February 2022

ANY QUESTIONS?                 Contact us support@mvuliacademy.org

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