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Terms of Use

This Fee Calculator (referred to as the Product as defined below) is owned and operated by Feesable Pty Ltd ACN 643 800 999 (“Provider”). These terms of use (“Terms of Use”) govern access to and use of the Product by you, the individual using the Product, and any legal entity on whose behalf you are acting. By using or accessing the Product, you indicate your assent to be bound by these Terms of Use.

Last Modified:  3 May 2024

  1. Definitions
    In these Terms of Use the following words and phrases shall have the following meanings, unless the context otherwise requires:
      1. “Account” an account established on the Product which enables you to access and use various features on the Product.
      2. “Customer” means the customer who pays a subscription fee to us in order to access the Product and who has authorised you to access the Product.
      3. “Customer User” means a user who is authorised to use the Product on behalf of a Customer (such as administration staff of a school). Customer Users are granted access to the back-end features of the Product by the relevant Customer.
      4. “End User” means a non-paying user who accesses the front-end features of the Product (such as entering in data in using the calculator). The End User does not have access to administrative or back-end portal features of the Product.
      5. “Product” means the Fee Calculator and its related services, products, websites (including subdomains), tools and applications;
      6. "Services" means the provision of the Product and any services described therein or any other services that we may provide to you from time to time;
      7. “us” means the Provider and ‘we’ or ‘our’ shall be interpreted accordingly; and
      8. "you, User" means the person or entity that accesses the Product and ‘your’ shall be interpreted accordingly, and includes a Customer User or End User as applicable.
  2. Access
      1. Your use of this Product is by non-exclusive, revocable, non-transferrable or sublicensable licence granted by the Provider strictly in accordance with these Terms of Use.
      2. You acknowledge and agree with the Provider that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation intellectual property rights) in the Product other than the non-exclusive rights granted in accordance with these Terms of Use.
  3. Account
    1. To use the front-end features of the Product (i.e. to access the Fee Calculator and input data to generate results) you are not required to create an Account. The front-end features are available to Customers, School Users and End Users.
    2. Back-end features of the Product (i.e. the Product portal and administrative features to manage settings and view data) are available to Customers and School Users.
    3. In order to access and use the back-end features of the Product, Customers and School Users will need to create an Account. Each Customer is entitled to create one administrative level Account, and multiple user-level Accounts for School Users. In creating and using your Account:
      1. you must not use false or misleading information and you must update your details should they have changed from the last time you used the Product. The Provider is not responsible for any Loss (including misdirected notifications) which may occur because you have not provided the Provider with up to date, accurate or complete information;
      2. you may be required to choose a username and password. You are responsible for the security of your login information and the Provider will assume that anyone using your Account is authorised to do so by you and you are responsible for their actions. Under no circumstances will unauthorised access and use of your Account reduce your liability to the Provider; and
      3. you must notify the Provider immediately if you become aware of any unauthorised use of your Account or other security breach.
  4. System integrity & user conduct
    You acknowledge and agree that you must not use the Product to:
      1. impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
      2. input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
      3. input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of the Provider or any third party or breaches any duty of confidence or contractual obligation owed to the Provider or any third party;
      4. input, upload, post, disclose or transmit any material that is unlawful or violates any law;
      5. send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) to any person or company;
      6. download and store electronically, reproduce, transmit, display, copy, distribute or use the Product or any materials contained in the Product;
      7. upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Product or another’s computer or property of another;
      8. sub-license, rent, lease, transfer or attempt to assign the rights in the Product or the Product to any other person and any dealing in contravention of this sub-clause shall be ineffective;
      9. falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Product;
      10. conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
      11. interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies, or regulations of networks connected to the Product;
      12. attempt to gain unauthorised access to the Product or computer systems or networks connected to the Product through any means;
      13. commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
      14. collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses;
      15. contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
    You acknowledge and agree that you must not:
      1. use the Product for any purpose other than the purpose for which it was designed and intended;
      2. commit or permit any act which may interfere with the use of the Product by any other user;
      3. tamper with, hinder the operation of or make unauthorised modifications to the Product or any part thereof;
      4. damage or modify the Product or the Product or any part thereof;
      5. directly or indirectly copy, reproduce, share, republish, frame, download, transmit, distribute, sell, reverse engineer, decompile, translate, alter, modify, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Product or any software, documentation or data related to the Services;
      6. create derivative works based on the Product; and
      7. make any alteration to the Product.
  5. Intellectual Property Rights
      1. The Product is protected by intellectual property rights. You acknowledge that the Provider is the owner of these rights.
      2. You acknowledge and agree that no right, title or interest in any of the intellectual property rights in the Product is transferred or granted to you, other than the rights granted expressly by these Terms of Use.
      3. Any data inputted into the Product by you is deemed to be the property of our Customer who pays fees to us in order for you to be permitted to access the Product.
  6. Warranties
      1. You warrant to us that at the time of entering the Product, you were not relying on any representation made by us in respect of the Product.
      2. Except as expressly provided to the contrary, and to the extent permitted by law, we make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Product (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Services included on the Product.
  7. Disclaimer and limitation of liability
      1. To the extent permitted by law, the Product is provided by the Provider on an "as is" basis without any express or implied warranty of any kind.
      2. Without limiting the other terms of these Terms of Use, you acknowledge and agree that:
        1. the Provider does not guarantee continuous, uninterrupted or secure access to its Product or that any information provided by the Provider is up to date and accurate;
        2. the Provider does not warrant that the use of the Product will result in the Customer or its Users achieving any specific result;
        3. the Provider makes no representations about the suitability of the Product for any purpose;
        4. the Provider makes no guarantees that there will be no loss or corruption of Customer Data at any time;
        5. the Provider cannot guarantee the accuracy, currency, suitability, reliability and availability of the Product and any content gained within (including any calculations and estimates);
        6. the information provided on and in the Product is general information and is not in the nature of financial, legal or any form of advice. The User should obtain advice before making any decision based on the Product;
        7. the Product is designed to present the Customer (and its Users) with options. The Provider does not endorse or recommend any such options and the inclusion of any option on the Product does not imply endorsement. The Customer is solely responsible for making its own informed decisions based on their needs and preferences;
        8. the Product is designed to provide Users with fee calculations. The information provided on the Product, and any resulting fee estimate or quotation is provided as an estimate and guideline for the User’s convenience only. Fee calculations generated by the Product are based on selections and input provided by the Customer (and its Users) and should not be considered final. Customers and Users are responsible as follows:
          1. the Customer is responsible for reviewing, confirming and if necessary adjusting any fee calculations provided by the Product before advising any final fees to families. The Customer is solely responsible for the accuracy of any fee calculations provided to families. The Provider is not liable for any errors, inaccuracies or misrepresentations of any quotation. It is the Customer’s responsibility to verify all fee calculations;
          2. Users that input data are solely responsible for ensuring that such data inputted correctly, and for ensuring that they make the appropriate selections within the Product (including but not limited to the selection of correct electives or other options that may impact the fee quotation). The Provider is not liable for any errors, resulting from incorrect data entry or option selection by Users. It is the User’s responsibility to verify that all information entered is correct;
        9. complex software is never wholly free from defects, errors and bugs, and the Provider gives no warranty or representation that the Product will be wholly free from defects, errors and bugs; and
        10. the Provider will maintain appropriate technical and organisational measures to protect the security of data. However, the Provider does not guarantee that unauthorised third parties will never be able to defeat those measures to access the data for improper purposes.
      3. Use of the Product, and any resulting quotation does not imply or constitute any contractual agreement between the Provider and the End User. Any arrangement that results from the use of the Product is between the Customer and the End User only (the Provider only provides the Product to assist such quotations).
      4. The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Product may be intercepted, used or modified by third parties.
      5. We will use your data in accordance with our Privacy Policy in place from time to time and you acknowledge that we may be required under law to provide your data to government organisations.
      6. In the event that you suffer any loss in connection with the use of the Product, your sole rights are against the Customer.
      7. Without limitation to the other terms of this clause, each party excludes any liability to the other party, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms of Use.
      8. Notwithstanding anything else in this clause, each party’s liability will be reduced to the extent the loss or damage is caused by or contributed to by the other party or their employees, agents or contractors.
  8. Links to other websites
    The Product may contain links to other third party websites. These links are provided solely as a convenience and not as a guarantee or recommendation by us for the services, information, opinion or any other content on such third party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. If you decide to access a linked website, you do so at your own risk.
  9. Privacy
      1. In respect of any Personal Information (as defined in the Privacy Legislation) that is provided to us in connection with the Product, you must comply with:
        1. the Privacy Legislation, and Personal Information including sensitive or health information must be dealt with in accordance with the Privacy Legislation (as it applies to that party); and
        2. the applicable policies and guidelines of the Provider as made known from time to time.
      2. You warrant and represent that all Personal Information that you provide to the Provider complies with this clause at all times.
  10. Breach and termination
      1. We may terminate our agreement with you or deny access to all or any part of the Product immediately without notice to you if:
        1. you breach any of the Terms of Use or act in a manner that demonstrates you are unable to or do not intend to comply with them, in our opinion;
        2. where we are required to by law, for example due to a change in law governing the Product;
        3. the Product relies on data or services provided by a third party partner and the relationship with such partner has expired, been terminated or altered in a manner which we consider to be adverse; or
        4. provision of the Product is no longer commercially reasonable to us.
  11. General
      1. The law of New South Wales, Australia governs these Terms of Use. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the State of New South Wales, Australia and the Commonwealth of Australia for any cause of action relating to or arising under these Terms of Use.
      2. The Provider operates the Product in Australia. Information contained on the Product may not be appropriate or available for use in other locations. If you access the Product from other locations, you do so at your own initiative, and you are solely responsible for compliance with local laws.
      3. Where possible, the obligations of the parties under these Terms of Use will indefinitely survive the finalisation or discontinuance of these Terms of Use.
      4. The rights and remedies of a party to these Terms of Use are in addition to the rights or remedies conferred on the party at law or in equity.
  12. Changes to these Terms of Use
      1. We may update these Terms of Use from time to time in accordance with this clause.
      2. We may update these Terms of Use immediately, without notice to you where we consider that the change is likely to benefit you or otherwise have a neutral impact on you.
      3. We may also change these Terms of Use on giving you 3 days’ notice where we consider:
        1. such change will have a minor detrimental impact on you; or
        2. such change is necessary and reasonable (for example to reflect any changes to the Product or services or to comply with legal requirements).
      4. We may lessen any period of time where necessary to comply with any legal requirements or notices (where urgent).
      5. We may also vary or modify these Terms of Use on giving you 30 days’ notice, where we consider that change has more than a minor detrimental impact on you. In such circumstances, if you do not agree to these new terms (that have more than a minor detrimental impact), you will have the right to terminate for convenience by giving notice within 30 days of us giving notice of the change.
      6. Your continued use of the Services constitutes acceptance by you of any updates.