Terms of Business
Please read these Terms of Use carefully as they apply to your use of the Ostral’s resources and services including all electronic media, website and app (“Website and app”) or any other business dealings with Ostral.
By using these resources or services you agree to be bound by these Terms of Use which form a legally binding agreement between you and Ostral. If you do not want to be bound by these Terms of Use, do not continue to use our resources or services. Further, we may amend these Terms of Use at any time.
Your continued use of the Website and app is considered to be acceptance of the amended Terms of Use and you agree that it is your responsibility to keep abreast of our Terms of Use as they currently stand at any given point in time.
Disclaimer
While Ostral Education has attempted to make the information on this server as accurate as possible, the information on this website server is for personal and/or educational use only and is provided in good faith without any express or implied warranty.
There is no guarantee given as to the accuracy or currency of any individual item on the website. Persons accessing the website who require confirmation of any information should request and refer to Ostral’s source of the information for this website.
Ostral does not accept responsibility for any loss or damage occasioned by use of the information contained on the server nor from any access to the server. While Ostral will make every effort to ensure the availability and integrity of its resources, it cannot guarantee that these will always be available, and/or free of any defects, including viruses.
Users should take this into account when accessing the resources. All access and use is entirely at the risk of the user. Ostral has provided hypertext links to a number of other web sites as a service to users of this website.
This service does not mean that Ostral endorses those sites or material on them in any way. Ostral is not responsible for the use of a hypertext link for which a commercial charge applies. Individual users are responsible for any charges that their use may incur.
Copyright
The material on this Website and app, including all information such as text, graphics, images, photographs and sound, is protected by copyright pursuant to the Copyright Act 1968 (Cth), as amended from time to time and the laws of other countries.
You must not alter, reproduce, store in retrieval system or transmit the material on this Website or app or any part thereof, unless authorised by Ostral in writing or permitted by the Copyright Act 1968 (Cth).
Trademarks
All trademarks that are included on this Website and app are the property of their respective owners and are protected by relevant laws in Australia and other countries. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of this Website or app for personal non-commercial use, unless expressly authorised by Ostral or the owner of the relevant trade mark in writing.
Spam
Ostral publishes electronic addresses on this Website and app to facilitate communication relating to our business functions. This is not to be inferred as consent by Ostral or the relevant addresses to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth) or under the law of any other country
Liability
Ostral makes no warranties or representations about this Website, app or any of its content. Ostral is not responsible to you or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of this Website and app whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise ,even if Ostral is informed in advance of the possibility of such damages.
Ostral excludes, to the extent permitted by law, any liability which may arise as a result of the use of this Website and app. By using the Website and app, you agree to indemnify Ostral for any loss or liability arising out of your use. Use of the Website and app is at your own risk and you assume full responsibility and risk of loss resulting from your downloading, use of, or access to data, files, information, or other material on or through the Website and app.
To the extent permitted by law, Ostral’s aggregate liability to you for any other losses resulting from the use of the Website and app is limited to the nominal amount of AUD$1.
User Generated Content
Please read these Terms of Use carefully, as they apply to your submitting content to Ostral Education (“Ostral”) social networks, websites, app and other forms of media (“User-generated Websites and app”).
Ostral owns and/or operates various User-generated Websites and app that permit users to submit, post, publish, tag or upload (“Submit”) content, which may include, but is not limited to, comments, graphics, information, photos, reviews, text, videos or any combination thereof (collectively, “Content”).
When you Submit Content to a User-generated Website or app, you accept and agree to be bound by these Terms of Use, which form a legally binding agreement between you and Ostral.
If you do not want to be bound by these Terms of Use, do not Submit Content.
In particular, but without limitation, you confirm the following:
– You are granting Ostral and its affiliates the right to use your Content on their social networks, websites, app and other forms of media described below, indefinitely;
– You created the Content or have permission from the creator of the Content to grant the right to use the Content;
– You have all necessary rights and permissions to grant the right to use the Content with respect to all individuals appearing in the Content;
– You are at least 18 years of age.
Further, we may amend these Terms of Use at any time. Your continued use of the Website or app is considered to be acceptance of the amended Terms of Use.
Offers, Advice, Recommendations & Assistance Services
Ostral Offers in Principle services, such as advice, recommendations, preparation assistance services, career advice services, migration liaison services (Ostral will never provide migration services, only liaison to migration agents, or generic immigration portals for generic information), information on industry trends, generic information on job prospects and accommodation prospects as well as living expenses. These offers of service, or offers as a service, are to provide a student with extra information in their personal research and due diligence quest, match their grades against course admissions criteria defined and managed by participating education provider entities, are of a generic nature only, with no admission of liability, nor for reliance purposes. Where some services are charged for, these are merely for the aggregated time cost, system cost, and incidental cost of providing an environment that facilitates a user’s personal endeavour. Our services are administrative and supportive in a professional manner, and not professional advice to be relied upon in any court of law. You acknowledge that any pathway discussions are highly influenced by your communication to us of your upfront budget , ongoing budget, interests, professional and educational background, familial situations and your truthful disclosure of all such factors situations so that the educational pathway consultant can advise on education pathways that best suit the criteria discussed during our meetings, and the available courses that meet your criteria discussed. You acknowledge that course requirements, educational outcomes, visa requirements , cost requirements or industry job prospects of given education pathways are in a constant state of flux and by utilising our services you acknowledge you fully understand and appreciate such factors in our interactions.
Any information, perceived advice, or cost brochures as well as discussions with Ostral representatives are strictly confidential in nature and you warrant any material provided to you by Ostral will not be disclosed to any non-Ostral party who may be in a capacity to utilise such information supplied by Ostral to be detriment of Ostral, or to compete with Ostral. Should any such breach of confidentiality occur at your doing, you acknowledge you are liable for a penalty of the higher of AU$6,500 or the actual damage(s) to Ostral, each of which are severally compensable to Ostral without prejudice.
These are the terms (together with our privacy notice) for anyone using the Offers in Principle service, both of which may be revised from time to time. Your use of the service confirms your acceptance of these terms, as revised.
Ostral does not make formal offers on behalf of the education provider entities via this service.
An “Offer in Principle” is confirmation from Ostral that the student has met the criteria defined by the education provider entity for the relevant course and intake and provides an indication that the education provider entity is likely to make a formal offer on receipt of a full application.
If an “Offer in Principle” is issued to a student, they will be contacted by our counselling team to complete verification checks. If these checks are passed, Ostral will pass the information submitted by the student under the Offers in Principle service to the relevant education provider entity and the counselling team will support the student to submit a full application. The education provider entity will either confirm whether a formal offer is made by it to the student, or that no offer will be made.
Participating education provider entities will normally attempt to process applications for students who have received an “Offer in Principle” within ten working days of receipt of a full application.
The reasons for which a formal offer will not be made by the education provider entity are at the education provider entity’s discretion, but may include situations where:
any information that the student has provided was inaccurate;
the student does not meet the appropriate qualification standards;
the student does not meet visa compliance requirements;
the student has previously been excluded from the education provider entity; or
the student cannot be contacted by the education provider entity.
No formal offer is made other than by the education provider entity confirming expressly to the student that such an offer is given. The student cannot – and must not – rely on the “Offer in Principle” from Ostral to any extent whatsoever.
It is the student’s responsibility to make sure that all information included in the application, or otherwise provided as part of the “Offer in Principle” service, is complete, true and accurate.
An “Offer in Principle” is initially held by Ostral for a student for thirty days. It will automatically expire if the student does not complete verification checks with our counselling team during this period.
Students can withdraw their application by contacting our counselling team at any time.
As it is providing only a matching service, Ostral does not accept any responsibility or liability to the student if an offer is not made to the student for any reason at all. Ostral’s responsibility to the student is only to deliver the student’s full application to the relevant education provider entity. Our Offers in Principle service is provided to you on an “as is” basis and no warranties or guarantees are given, and we accept no liability for any loss caused as a result of you using our service.
All information provided to Ostral by the student, including personal data, will be passed to the education provider entity for the purposes of the full application.
Payments & Fees
Ostral issues progressive invoices as and when client users progress through the various stages of services provided by Ostral. Client users are recommended to pay these promptly and diligently and email to Ostral a proof of payment. Even so, until such time as complete invoice payment is received in Ostral’s bank account, Ostral is under no obligation to continue providing services to the client.
Payments in Currencies other than AUD
Where fees have been paid by the user in any currency other than the Australian Dollar, any conversion rates indicated are not a warranty of currency hedging, hence where currency fluctuations have occurred, where administrative charges have changed or processing times have changed, Ostral bears no responsibility, and may request from the client user any additional payments that arise consequently. Failure to remit these amounts will be deemed an incomplete payment of invoices, and Ostral is under no obligation to commence or continue services until full payment is duly received, taking into consideration processing time and administrative charges.
Health Insurance Cover
The client may request Ostral to administer the payment to the Health Insurance providers. The client agrees to agree and abide directly to the Health Insurance Provider’s terms and conditions, including their refund policy, administrative charges and more. Where a cancellation of health insurance policy is sought, the client acknowledges that not all policies are refundable (e.g. spouse policies/family policies) or are refundable partially after deduction of applicable fees and charges by the health insurance provider. Additionally, Ostral reserves the right to charge for Ostral’s administrative costs of handling any health insurance refund request matter (ranging from $50 to $100 depending on time spent by our personnel).
Course Fees & Deposits
Client users are encouraged to directly pay to the educational institutions. The client may request Ostral to administer the payment to the education providers. The client agrees to agree and abide directly to the educational institution/ course Provider’s terms and conditions, including their refund policy, administrative charges and more.
Where a cancellation and refund is sought, the client acknowledges that not all payments are refundable or are refundable partially after deduction of applicable fees and charges by the education provider. Additionally, Ostral reserves the right to charge for Ostral’s administrative costs of handling any refund request matter (ranging from $50 to $100 depending on time spent by our personnel)
Visa Application Fees
Visa Application Fees are non-refundable by the Australian Government.
Other Payments To Ostral
All deposits & fees paid to Ostral (or any Ostral affiliate entities) are non-refundable as a general rule unless required by law to be refundable. Where this is required by law, Ostral reserves the right to deduct fees in relation to all administrative costs, consultations, bank charges, aggregated and attributed costs of Ostral’s external providers prior to issuing any refunds.
Ostral only provides services on the premise that the client will proceed with the complete payment of entire stages of the proposed education pathway (which may include the Statement of Purpose/GTE assistance $1450 or as updated, review of documents $350, pathway consultation $250, bank charges and admin costs $60 respectively, any other ad hoc consultation requested by the client whether over the phone or in person $90 per initiated half hour segments), hence where the client decides not to proceed, all such services provided and charges to date will become due and payable immediately by the client, and Ostral is entitled to apply any payments made to date as a part-payment towards the amounts due from the client.
Timeframes & Overrides
Ostral personnel will endeavour to provide you with prompt service and communicate timeframes of service delivery, the completion of which is dependent upon such time as all complete and accurate information is provided by you.
You also acknowledge that Ostral cannot provide any guarantee of timeframes of entities and institutions external to Ostral. Where you have requested the assistance of Ostral in respect of any third party interactions, liaison, applications or payments, you warrant that you authorise Ostral personnel to do so , including permission for all necessary data handling, funds handling and correspondence on your behalf.
You also acknowledge that once you engage Ostral to perform services for you, you will not bypass Ostral personnel to directly interact with third parties originally contacted by Ostral personnel.
Where you fail to abide by the above condition, and decide to override Ostral to contact institutions , companies or government bodies directly, you agree to forfeit all payments to Ostral and Ostral bears no responsibility for the outcome of your actions. However, any adverse consequential impact to services rendered by Ostral will be to your full responsibility and where your choice to override Ostral personnel to interact directly with Such external stakeholders managed by Ostral on your behalf, any actions, omission, misrepresentation by you that results in any damage or loss to Ostral will be your responsibility and liability.
Information You Submit
When you Submit your Content, you authorise Ostral and its affiliates a non-exclusive, fully paid-up, irrevocable, perpetual, royalty-free, worldwide license (including the right to sub-license through multiple tiers) to use, adapt, display, distribute, modify, process, prepare derivative works, publicly display, publicly perform, publish, reproduce and transmit your Content, in part or in full, in any form, medium or distribution method, for any purpose, including without limitation, any purpose relating to the advertising, marketing, and promotion of Ostral’s and its affiliates’ goods and services. These uses may include, but are not limited to, posting your Content on social networks, app or websites , transmitting your Content via emails, displaying your Content on computers or mobile devices, or reproducing your Content in print.
Any Content you Submit is, and will be treated as, non-confidential and non-proprietary. Ostral may use any Content you Submit and reproduce it for any purpose. Specifically, Ostral is free to use for any purposes whatsoever (including, but not limited to, the advertising, developing, manufacturing and marketing of products and services) any artwork, concepts, ideas or suggestions contained in any Content you Submit. Any such use is without compensation to you.
By Submitting Content, you are also warranting that you own the Content Submitted and that Ostral’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Ostral is under no obligation to use the information Submitted. You understand that Ostral employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Content and that Ostral is only willing to consider the Content on these terms.
To request removal of your Content from Ostral User-generated Websites or app, please email [email protected]. You must include a link to the Content you wish to have removed. Ostral will use reasonable efforts to remove the Content within ten business days of your request.
Links
The external linked websites within the Website or app are not within the control of Ostral. Ostral does not take responsibility for the content in, or currency of, any externally linked sites. A link on the Website or app neither implies endorsement by Ostral of the linked website, nor a relationship with the organisation linked.