Disclaimer

Terms and conditions of Use

These Terms of Use (‘Terms’) are our terms of service that govern our relationship between you (the ‘Users’) and us (‘Home Educate’) concerning the Home Educate Curriculum (the ‘Curriculum’) and Works (Material and Content created and/ or distributed by Home Educate). By using or accessing this Curriculum and/or Works, you agree to these Terms, as updated from time to time. You agree that use of the Curriculum and/ or Works is limited to Individual use and cannot be shared or used for commercial or resale purposes without prior consultation and consent from Home Educate.

About the Website

Welcome to HomeEducate.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Services’).

The Website is operated by Home Educate Pty Ltd (ABN 56 665 886 108). Access to and use of the Website, or any of its associated Products or Services, is provided by Home Educate Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of our Services, immediately.

Acceptance of the Terms

You accept the Terms by remaining on the Website and through the purchase of any Home Educate Products/ Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Home Educate Pty Ltd in the user interface.

Purchase/ Registration to use the Products and Services

In order to access the Services, you must first purchase through the Website after which the Works created by Home Educate Pty Ltd will be emailed to your nominated personal email address.

As part of the purchase process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address
• Preferred contact name
• Telephone number
• Student/s details

You warrant that any information you give to Home Educate Pty Ltd in the course of completing the purchase process will always be accurate, correct and up to date.

Once you have completed the purchase process, you will be a registered user of the Service (‘User‘) and agree to be bound by the Terms.

Your obligations as a Member

As a Member, you agree to comply with the following:

• You will use the Services only for purposes that are permitted by:
• the Terms; and
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

1. you have the sole responsibility for protecting the confidentiality of your password and/or email address.
2. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Home Educate Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
3. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Home Educate Pty Ltd;
4. you agree that commercial advertisements, affiliate links, and other forms of solicitation may result in termination of the Services. Appropriate legal action will be taken by Home Educate Pty Ltd for any illegal or unauthorised use of the Website; and
5. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

Copyright and Intellectual Property

The Website, the Services and all of the related products of Home Educate Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Home Educate Pty Ltd or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Home Educate Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device’s cache memory; and
3. print pages from the Website for your own personal and non-commercial use.

Home Educate Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Home Educate Pty Ltd.

Home Educate Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer you any:

1. business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

You may not, without the prior written permission of Home Educate Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

Home Educate Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Home Educate Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Home Educate Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Services or any of the products of Home Educate Pty Ltd; and
• the Services or operation in respect to links which are provided for your convenience.

Payment

Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:

• Electronic funds transfer (‘EFT ‘) into our nominated bank account
• Credit Card Payment (‘Credit Card‘)
• Stripe (‘Stripe’)
• Afterpay (‘Afterpay’)

All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

All payments made in the course of your use of the Services are made using Afterpay. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Afterpay terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

You agree and acknowledge that Home Educate Pty Ltd can vary the Services Fee at any time.

Limitation of Liability

Home Educate Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Home Educate Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Indemnity

You agree to indemnify Home Educate Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of the Terms.

Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

• Within 10 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 15 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate third-party mediator be appointed.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Third Party Disclaimer

Home Educate claims no responsibility or representation regarding the quality, content, nature, or reliability of third-party websites and/ or subscriptions linked to the Home Educate Curriculum and/ or Works. These parties are not under the control of Home Educate and Home Educate is not responsible for the contents of any linked site or any changes made to such sites. Home Educate provides these subscriptions as an add on convenience, and the inclusion of any subscription does not mean that we are affiliated with, endorse, or adopt all information contained therein.

Entire Agreement

These Terms constitute the entire agreement between you and us and governs your use of the Curriculum and/ or Works, superseding any prior agreements between you and us with respect to the Curriculum and Works. This Entire Agreement clause excludes consent to commercial use.

Waiver and Severability of Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the listed rights or provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should try to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.

Refund Policy

Learning Plans – When purchasing a Learning Plan of any Year/ Grade level (from Years 1-10), Home Educate Pty Ltd (Home Educate) is pleased to provide a full refund in the unlikely event that your family is unable to be approved as Home Educators while using the Home Educate material.

If this is to occur, please forward your documentation from your State or Territory Home Education Department to admin@homeeducate.com.au and the Home Educate Team will either assist in supplying any additional information the Department requires, or in providing a refund of the purchase amount.   

Change of mind/ Circumstances – Home Educate is pleased to offer an obligation free “Sample Learning Plan” of each Grade level to ensure the program is the right fit for families prior to purchase. As a result, refunds are not able to be provided due to a change of mind.

If adjustments need to be made post-purchase to ensure the Learning Plan works for your child’s needs. Contact the Team at admin@homeeducate.com.au to find out more. You may need to upgrade to a personalised program with an additional fee of $146 per Learning Plan.

Payment Plan – The Home Educate payment plan (4 instalments) forms a contract for value between Home Educate Pty Ltd, Afterpay and the purchaser. The value of this contract is the total combined amount of the 4 instalments and is displayed in the cart at the time of set up. Home Educate cannot cancel or does not refund payment plans once they have commenced with Afterpay.