OVERVIEW

This website/platform is operated by Levup. Throughout the site/platform/application (the “platform”), the terms “we”, “us” and “our” refer to Levup. Levup offers this platform, including all information, tools and services available from this platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our platform and or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available anywhere on our website (https://www.levup.ai). These Terms of Service apply to all users of the platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our platform. By accessing or using any part of the platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the platform or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website/platform following the posting of any changes constitutes acceptance of those changes.

Our services are hosted on Amazon Web Services Inc. They provide us with the online hosting platform that allows us to sell our services to you.

1) General

1.1 This agreement contains the entire understanding and agreement between the User and Levup Pty Limited with respect to its subject matter.

1.2 These are the terms and conditions referred to in the “Levup” application.

1.3 These standard terms and conditions apply to all users of the “Levup” application when they use the “Levup” application for any purpose.

2) Definitions and Interpretation

2.1 “Levup” refers to any applications, websites or products under the brand name Levup, which refers to the company of Levup Pty Limited Property that includes any type of right, interest or thing which is legally capable of being owned.

2.2 “Levup”, “Company”, “us”, “our” “ourselves” or “we” refers to Levup Pty Limited (ABN 659 391 812).

“You”, “your”, “yourselves” or “themselves” refers to a user that access or use our Website: https://www.levup.ai/ (“Site”) or “Levup” platform.

2.3 Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

2.4 “The Services” means all Coaching services that the Coach performs for the Customers of Levup Pty Limited.

2.5 “Student” means the person to whom Coaching Services are agreed to be provided;

2.6 Subject to the laws of New South Wales, these standard conditions will prevail in any conflict between them and the terms of offer and acceptance by the Coach or Student.

2.7 “Coach” means any Coach that has signed this Agreement with the intent of providing Coaching Services on behalf of Levup Pty Limited.

3) Scope of Levup services

3.1 The “Levup” application is a platform that permits users to publish Coaching offers or requests that :

(a) allows a Student to purchase a one-on-one session from a Coach

3.2 Levup reserves the right to cancel or alter any offers made by users, prior to their acceptance.

3.3 If a Coach accepts a student’s offer on the “Levup” Application, a Coaching agreement is created between the Coach and student which requires the Coach to provide Coaching Services to the student.

3.4 Upon the creation of the Coaching agreement, Levup has rendered a service to the users. 

3.5 Once the Coaching agreement is created the Coach and student may alter the details of it.

3.6 The Coach must provide the service required under the Coaching agreement to the best of his/her abilities.

4) User Roles and Obligations

4.1 At all times a user must:

• Comply with this agreement and all applicable laws and regulations.

• Post accurate information on the “Levup” Application.

• Promptly, efficiently and skillfully perform obligations to other users under a Coaching contract.

• Ensure that you are aware of any laws that apply to you as a Coach or Student or in relation to using the Levup application.

4.2 Users agree to use any content on Levup for any commercial purpose.

4.3 Users agree to not use Levup for any illegal or immoral purpose.

4.4 Users agree to maintain control of their accounts at all times and to not sell or transfer their account to any other person or entity.

4.5 Users grant Levup an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content or information posted on the “Levup” application. Users agree to allow Levup to use the information to promote their services.

4.6 Users agree to not post information on the “Levup” application that could potentially cause harm to Levup or any other person.

4.7 Users agree not to post any offers that could potentially be misleading, deceptive or fraudulent.

4.8 Users grant Levup the total, payment-free right to use their real-time location to assist other users in obtaining their services.

4.9 All Coaches are required to have a right to provide services under a contract and to work in Australia. Coaches must comply with with tax and regulatory obligations

4.10 If Levup determines at its sole discretion that you have breached any obligation under this clause, it reserves the right to remove any of your content and cancel/suspend your account. 

4.11 Users agree not to share contact details, e.g. phone number, email, or any other form of communication and agree to communicate within the Levup infrastructures only.

4.12 Coaches who share contact details on first offence accept risk of Levup doubling its commission to 36% and upon second offence risk termination from the platform.

4.13 Students agree to waive their right to customer service and assistance from Levup regarding any issues upon breach of clause 5.11 communication terms.

4.14 Students agree not to request Coaches to sit their academic exams or any other likewise assessment run by external institutions, and accept Levup’s right to terminate their account from the platform upon discovery of the same.

4.15 The following duties shall be required of Coach:

• To check his/her Levup Coach account and email account on a regular basis, making sure to update his/her profile in a timely manner.

• To closely monitor student improvement and provide quality, ethical instruction to students at all times.

• To stay in touch with Levup’s staff, making sure to return any app, phone or email messages promptly.

• To continually update his/her profile on Company website/app.

• To comply with this Agreement and all applicable laws and regulations.

• To post accurate information on the “Levup” Application.

• To promptly, efficiently and skillfully perform obligations to other users under a Coaching contract.

• To ensure that you are aware of any laws that apply to you as a Coach in relation to using the Levup application.

• To agree to not use Levup for any illegal or immoral purpose.

• To agree to maintain control of their accounts at all times and to not sell or transfer their account to any other person or entity.

• To grant Levup an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content or information posted on the “Levup” application. The Coach agree to allow Levup to use the information to promote their services.

• To agree to not post information on the “Levup” application that could potentially cause harm to Levup or any other person.

•  To agree not to post any offers that could potentially be misleading, deceptive or fraudulent.

• To grant Levup the total, payment-free right to use their real-time location to assist other users in obtaining their services.

4.16 All Coaches are required to have a right to provide services under a contract and to work in Australia. Coaches must comply with tax and regulatory obligations.

4.17 If Levup determines at its sole discretion that you have breached any obligation under any clause, it reserves the right to remove any of your content and cancel/suspend your account. 

4.18 Coaches agree not to share contact details, e.g. phone number, email, or any other form of communication and agree to communicate within the Levup infrastructures only.

4.19 The Coach cannot, without Levup’s explicit written permission, subcontract the whole or any part of the Coaching agreement with a student.

4.20 Coach warrants that all personal information, references, and other biographical information provided to the Company are wholly accurate and complete, and understands that the inclusion of any false, incomplete, or misleading information in these documents is grounds for Company immediately ending this Agreement, without any liability on the Company. Coach also allows the Company to conduct a background investigation of Coach at any time and for any reason.

5) Levup roles and obligations

5.1 Levup role is only to provide the “Levup” platform, which enables users to offer or request Coaching services from other users

5.2 Levup only permits individuals over 18 years of age to become users.

5.3 Users must be natural persons not business entities

5.4 Levup retains the absolute discretion to refuse to allow any person to register or to suspend or terminate any account

5.5 Levup accepts no responsibility for any aspect of user to user interactions

5.6 Levup accepts no liability and makes no warranty as to the truth of any information provided by users

5.7 Except for liability in relation to a non-excludable condition, the Levup service is without warranty or condition, express or implied.

5.8 Levup has no obligation to any user to assist them or involve itself in any disagreement between users. Despite this, Levup retains the right to use reasonable methods to resolve such a dispute.

6) Indemnity

6.1 Coach agrees to indemnify, defend, and hold the Company and its successors, officers, directors, Coaches and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including legal fees) of third parties.

7) Payment - Coaches

7.1 Upon the creation of a Coaching contract, the Coach owes Levup the Service Fee of 18% of the revenue and agrees to absorb any third party payment provider transaction fees associated with a booking. The Service Fee will automatically be deducted from the agreed price.

7.2 Levup may offset any fees against any funds or payments owed to a user of “Levup”.

7.3 Levup retains the right to introduce new fees or change the present fee structure. Levup endeavours to notify users of relevant changes.

7.4 Coaches are permitted to cancel the session at any time, although agreeing to incur transaction fees.

7.5 The Coach also understands that:

• He/she/they will be compensated only for the time he/she is in the Company conducting a coaching session (online), plus time spent waiting for students during scheduled hours.

7.6 The Coach agrees to provide the Company with all relevant tax information, including a valid Australian Business Number (ABN) and/or any Goods and Services Tax (GST) registration under which you provide or intend to provide the Services under;

7.7 The Company does not deduct any tax from your pay. You as the Coach have sole responsibility to pay all income tax and other required contributions in relation to all charges and sums payable to the Coach by the Company and shall be responsible for completing and submitting all relevant assessments, returns and other information to the appropriate government and private bodies as necessary by law in relation to such charges and sums, based on your own tax advice for your business;

7.8 If a Coach does not quote his/her ABN to us and we are not satisfied that one of the exclusions rules applies, we must withhold the top rate of tax from the total payment on the understanding that an ABN will be quoted later and send the withheld amount to Australian Taxation Office (“ATO”).

7.9 You shall indemnify the Company and keep the Company fully and effectively indemnified on demand against all income tax, contributions and related penalties and/or interest in respect of any charges paid or payable by the Company to the Coach for the Coaching, and any reasonable costs incurred by the Company in recovering any such sum due by the Coach to the Company under this paragraph.

• He/she may take on other assignments from the Company such as conducting demos by appointment, helping with content creation or other special projects offered by the Company for which he/she will be compensated at the rate agreed between the Company and the Coach.

• He/she will not be compensated for waiting time during hours which are not scheduled.

• The Company does not guarantee the Coach any amount of work.

7.10 The Coach agrees that the Company can withhold payment because the Coach is in breach of this Agreement.

8) Payment - Students

8.1 Students will be charged automatically upon acceptance of their booking request by the platform or application, and will not be charged for pending booking cancellations.

8.2 Students will not be refunded for time lost if they are absent or late to a session.

8.3 Students will receive a full refund if a Coach is absent from a session.

8.4 Upon the creation of a Coaching contract, students owe the Coach the amount agreed to in the Levup Application. The fee will automatically be deducted from the Student’s selected payment method using the details provided.

8.5 Levup may restrict a user's account until all fees have been paid.

8.6 If the student cancels more than 24 hours before the session is due to start, they will receive a 100% refund of the total price. If the student cancels within 24 hours of the session starting they will not receive a refund. If the student is absent for the scheduled session, there will be no refund.

8.7 If the Coach ends a session early, the student will need to lodge a dispute with Levup for the coaching session and the Company will determine the refund amount for the proportion of the session not completed. If a dispute is not lodged after 7 days of the completed session, there will be no refund. No refund will be offered to students who end a session early. 

9) Price

9.1 The contract price for Coaching includes:

• All charges for the performance of the Coaching service

• All amounts payable for the use of intellectual property rights

9.2 Coaches are not permitted to charge Students any fee that is in addition to the agreement price on the “Levup” application.

9.3 Coaches are fully responsible for ensuring that all taxes, duties and other imposts that apply to their service are paid in accordance with the laws of New South Wales.

9.4 The Company retains the right to introduce new fees or change the present fee structure. Levup endeavours to notify Coaches of relevant changes.

10) A summary of how payment works in Levup

10.1 Levup does not store your credit/debit card details.

10.2 Online payments are passed via a secure socket layer, tokenized, and stored on Paypal servers.

10.3 Paypal is our choice of payment gateway. Paypal is a PCI compliant payment processor which ensures that your information is being handled in accordance with industry security standards.

11) How payment works for scheduled booking:

11.1 Levup will debit/charge your card only when you accept or confirm the payment for the session booking request on the platform or application.

11.2 If the Coach didn't show up or cancelled the accepted booking, the full amount will be refunded to your form of payment method used.

11.3 If the Coach ends the ongoing booking session early, the amount for the remaining minutes will be refunded to your form of payment method used to book the coaching session.

11.4 If you cancel the booking request outside of the 24 hours before the coaching session starts, the full amount will be refunded to your form of payment method used.

11.5 If there are insufficient funds in your card/Paypal account when the payment gateway attempts to debit/charge for the booking session, the request will be automatically cancelled.

11.6 If you cancel the accepted booking request after the scheduled session start time, no money will be refunded.

11.7 If you cancel the accepted booking request within 24 hours before the scheduled session start time, no money will be refunded to your form of payment method.

11.8 If you cancel the accepted booking request more than 24 hours before the scheduled session start time, 100% of the money will be refunded to your form of payment made.

11.9 If you cancel the accepted booking request within 30 minutes after the booking request is accepted, 100% of the money will be refunded to your Levup wallet except for the transaction fees.

12) Agents

12.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this agreement.

12.2 Users have no authority to bind Levup or its related entities in any way whatsoever.

13) Variation

13.1 This Agreement may not be modified or varied except by amendment reduced to app updates and agreement via our platform. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof. The Company is not required to take into consideration special considerations or contextual events when deciding whether to vary this contract.

14) Termination

14.1 Either you or Levup may terminate your account and this agreement at any time for any reason.

14.2 Termination of this agreement does not affect any Coaching contracts that have been formed between “Levup” users. If you have entered a Coaching contract you must comply with the terms and conditions of that Coaching contract including providing the Coaching services or paying the agreed price.

14.3 The sections of the agreement on payment, limitation of liability and indemnity and insurance will survive the termination or expiration of this agreement.

14.4 If your account is terminated for any reason you cannot without Levup’s consent create further accounts. Levup reserves the right to terminate any other accounts you operate. 

14.5 The Company may terminate the use of Coach's services if his/her/they performance of official work duties is deemed to be ineffective, inappropriate or insufficient.

15) Limitation of Liability

15.1 We are not responsible for any syllabus or content taught by a Coach to a Student, the Coach is solely responsible, and should check if all content is taught correctly. Professional indemnity rests solely with the Coach.

15.2 To the extent permitted by law, the Company’s total liability arising out of or in connection with the Website, Communication, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to the Company re-supplying the Services to the Coach, or, at the Company’s option, the Company refunding to the Coach the amount it is owed for the Services to which its claim relates. The Company’s total liability to the Coach for all damages in connection with the Services will not exceed the price paid by or owed to the Coach under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.

15.3 The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and the Coach. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Coach.

15.4 This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms insure to the benefit of the Company.

15.5 To the extent permitted by law, the Company disclaims all liability for any loss or damage or any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed arising or in any way connected to transactions between users. This term does not apply to the breach of non-excludable conditions.

15.6 To the extent permitted by law, the Company disclaims all liability for any loss or damage or any kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed arising or in any way connected to transactions between users that results in consequential loss. This term does not apply to the breach of non-excludable conditions.

15.7 Where there is a non-excludable liability, the liability of the Company is limited to the sum total of payments made by the relevant user/s during the 12 month period prior to the loss or damage.

15.8 Providing a replacement service for a user is not an admission of liability by the Company.

16) Privacy

16.1 All users consent to and authorise the use of their personal information in accordance with the “Levup” privacy policy (available on our website).

16.2 This privacy policy can be updated at any time without notice.

16.3 Levup endeavours but in no way guarantees to keep users' details anonymous to non-users.

17) Confidentiality and Ownership

17.1 Coach recognizes and acknowledges that the Company possesses certain confidential information that constitutes a valuable, special, and unique asset. As used herein, the term "confidential information" includes all information and materials belonging to, used by, or in the possession of the Company relating to its products, processes, services, technology, inventions, patents, ideas, contracts, financial information, developments, business strategies, pricing, lists of current and prospective customers, marketing plans, and trade secrets of every kind and character. Coach agrees that all of the confidential information is and shall continue to be the exclusive property of the Company, excepting materials prepared in whole by Coach and whether or not disclosed to or entrusted to Coach's custody. Coach agrees that the Coach shall not, at any time following the execution of this Agreement, use or disclose in any manner any confidential information of the Company.

17.2 To the extent any inventions, technologies, reports, memoranda, studies, writings, articles, plans, designs, specifications, exhibits, software code, or other materials prepared by Coach in the performance of services under this Agreement include material subject to copyright protection, such materials have been specially commissioned by the Company. To the extent they include material subject to copyright, patent, trade secret, or other proprietary rights protection, Coach hereby irrevocably and exclusively assigns to the Company, its successors, and assigns, all right, title, and interest in and to all such materials. To the extent any of Coach’s rights in the same are not subject to assignment hereunder, Coach hereby irrevocably and unconditionally waives all enforcement of such rights. Coach shall execute and deliver such instruments and take such other actions as may be required to carry out and confirm the assignments contemplated by this paragraph and the remainder of this Agreement. All documents, magnetically or optically encoded media, and other tangible materials created in whole by Coach as part of its services under this Agreement shall be owned jointly by both the Company and the Coach.

17.3 Upon termination of Coach’s services under this Agreement, and for a period of two (2) years thereafter, Coach will not in any way, directly or indirectly, on Coach’s own behalf or on behalf of or in conjunction with any person, partnership, firm, or corporation solicit, entice, hire, employ, or endeavour to employ any of the Company's employees. Coach, further for a period of two (2) years following the termination of Coach’s services under this Agreement, will not divulge to others or use for Coach’s own benefit any confidential information obtained during Coach’s engagement relating to the Company's business and operations or its affiliates involving strategy, customer lists, lists of prospective customers, employee lists, number and location of representatives, new and existing programs and services, prices and terms, and any other proprietary information as may exist or be developed from time to time. 

17.4 All users consent to and authorise the use of their personal information in accordance with the “Levup” privacy policy (available on our website). This privacy policy can be updated at any time without notice.

17.5 Levup endeavours but in no way guarantees to keep users' details anonymous to non-users.

18) Special Conditions

18.1 This contract applies to any special conditions conferred in any transaction. If there are any inconsistencies between the terms of a special condition and the terms of this standard contract, the standard contract, to the extent of the inconsistency will prevail.

19) Warranty

19.1 The Coach must meet all costs of, and incidental to, the discharge of warranty obligations, time and material costs. Coaches will not be reimbursed for any materials purchased for their own use. The Company shall not be obligated to reimburse the Coach for any additional expenses incurred in the performance of services pursuant to this Agreement unless agreed in writing by the Company in advance. However, Coaches are encouraged to keep close track of any businesses-related expenses (such as books, car mileage or gas costs) for tax write-off purposes for their own individual tax return.

19.2 Coach warrants that the Coach's agreement to perform the Services pursuant to this Agreement does not violate any agreement or obligation between Coach and third party; and that the services as delivered to the Company will not infringe any copyright, patent, trade secret, or other proprietary right held by any third party; and that the Services provided by Coach shall be performed in a professional manner, and shall be of a high grade, nature, and quality. All Services shall be performed in a timely manner and shall meet deadlines agreed between Coach and the Company

20) Disputes

20.1 If any dispute arises between the parties in connection with this Agreement (Dispute), the student may notify (Dispute Notice) the Company through the dispute feature available in the completed session on the application, which:

i. Includes or is accompanied by full and detailed particulars of the Dispute; and

ii. Is delivered within 5 Business Days of the circumstances giving rise to the Dispute first occurring.

20.2 Within 5 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must communicate virtually through the dispute platform or application and seek to resolve the Dispute.

20.3 A party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.

20.4 Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

20.5 Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

21) Severability

21.1 If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

22) Additional Acknowledgements

22.1 Both parties acknowledge and agree that:

(a) the parties are executing this Agreement voluntarily and without any duress or undue influence;

(b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and

(c) the parties have sought the advice of a lawyer of their respective choice if so

desired prior to signing this Agreement.

(d) No agency, partnership, joint venture, employee-employer or other similar relationship is created by this agreement.

(e) Coaches have no authority to bind the Company or its related entities in any way whatsoever.

23) Applicable Law

23.1 This contract will be governed by and constructed in accordance with the laws in force in the State of New South Wales, Australia.

23.2 The Company and all users agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.

23.3 Those who access or use the Levup services from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, both in New South Wales, Australia and abroad, including export and import regulations.

24) CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25) CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@levup.ai.