Terms of Use

1. Acceptance of Terms

By accessing or using harbor-swan.com and our language learning platform (collectively, the "Services"), you agree to be bound by these Terms of Use. If you do not agree to these terms, you may not use our Services.

These terms constitute a legally binding agreement between you and harbor-swan.com ("we", "us", "our"). We reserve the right to modify these terms at any time, with changes becoming effective upon posting to our website.

2. Service Description

We provide online language learning courses featuring video lessons, practice materials, and live tutoring sessions with native speakers. Course content, structure, and availability are subject to change without notice.

Access to course materials is provided for personal, non-commercial use only. Commercial use, redistribution, or resale of our content is strictly prohibited.

3. Enrollment and Account Registration

To enroll in courses, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must be at least 16 years of age to create an account and use our Services. By enrolling, you represent that you meet this age requirement.

We reserve the right to refuse service, terminate accounts, or cancel enrollments at our discretion, particularly in cases of violation of these terms.

4. Payment and Refunds

Course fees are stated in Australian Dollars (AUD) and must be paid in full at the time of enrollment unless otherwise specified. All payments are processed through secure third-party payment processors.

Refund requests must be submitted within 14 days of purchase and before accessing more than 20% of course materials. Refunds are processed at our discretion and subject to our refund policy.

We reserve the right to modify course pricing at any time. Price changes do not affect already-purchased courses.

5. Intellectual Property Rights

All course materials, including videos, text, images, audio, software, and design elements, are owned by or licensed to harbor-swan.com and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use course materials for personal educational purposes. You may not:

• Copy, reproduce, or distribute course materials
• Create derivative works based on our content
• Share login credentials with others
• Record or download tutoring sessions without permission
• Use our materials for commercial purposes

6. User Conduct

You agree to use our Services in a lawful and respectful manner. Prohibited conduct includes:

• Harassing, threatening, or abusing tutors or other users
• Uploading malicious code or attempting to breach security measures
• Impersonating others or providing false information
• Interfering with the proper functioning of our platform
• Using automated systems to access or scrape our content

Violation of these conduct standards may result in immediate account termination without refund.

7. Tutoring Sessions

Live tutoring sessions are scheduled based on mutual availability between you and assigned tutors. We make reasonable efforts to maintain tutor availability but do not guarantee specific tutors will remain available throughout your course.

Sessions missed without at least 24 hours advance notice may be forfeited. Rescheduling is subject to tutor availability.

During tutoring sessions, you agree to maintain professional conduct and respect. Recording sessions without explicit permission is prohibited.

8. Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee:

• Specific learning outcomes or fluency levels
• Uninterrupted or error-free service operation
• That defects will be corrected
• That our platform is free from viruses or harmful components

Language learning outcomes depend on individual effort, practice consistency, and various factors beyond our control. Results vary among learners.

9. Limitation of Liability

To the maximum extent permitted by law, harbor-swan.com shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of our Services.

Our total liability to you for any claims arising from or related to our Services shall not exceed the amount you paid for the specific course giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless harbor-swan.com, its officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of our Services or violation of these terms.

11. Third-Party Links and Services

Our platform may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of use of any third-party sites. Access to such sites is at your own risk.

12. Privacy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

13. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including breach of these terms.

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination (including intellectual property rights, disclaimers, and limitations of liability) shall survive.

14. Governing Law and Dispute Resolution

These terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

Any disputes arising from these terms or your use of our Services shall be resolved through binding arbitration in Melbourne, Victoria, or in courts of competent jurisdiction in Melbourne if arbitration is not applicable.

15. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and harbor-swan.com regarding your use of our Services.

17. Contact Information

For questions about these Terms of Use, contact us at:

Email: [email protected]
Address: Level 14, 287 Collins Street, Melbourne VIC 3000, Australia