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This document comprises the Terms and Conditions (“T’s & C’s”) of a student enrolment (“you”) with EduKate.
To enter into this Agreement, you must be 18 years of age or older and by your entry into this Agreement you warrant to EduKate that you are 18 years of age or older. For persons under 18 years of age, a parent or guardian 18 years of age or older must enter this agreement on behalf of the person under 18.
EduKate is the provider of an online learning program aimed to improve your literacy and/or numeracy skills, knowledge and expertise. Your entry into this Agreement is on the basis that you undertake to participate in EduKate’s online learning program and that in doing so you will be subject to the T’s & C’s of enrolment as are set out in this Agreement.
EduKate’s Commitment To You:
You have expressed the need for academic assistance that is specifically designed to improve your skills and/or prepare you for a test. In return for enrolment in our course program and paying our course tuition fee,
We will:
Provide you with an online learning course (“Service”) aimed at improving your skills and/or preparing you for your test that includes:
Notify you of any changes to scheduled lessons
In Return You Will:
Procedures in the Event of Interruptions to Service Delivery
Whilst EduKate will always try to deliver its lessons and other Service in accordance with good industry practice and to a reasonable standard, it cannot guarantee that interruptions to the planned provision of Services will not occur owing to circumstances and event beyond its control. The very nature of the provision of online services means that EduKate and you are dependent on hardware and software as well as stable and sufficient internet bandwidth. So, as hard we might try, sometimes things don’t work out exactly as planned. We always put our students first and we commit to you that:
Results of Participation in EduKate’s Course
The results you will achieve from undertaking EduKate’s Services program may vary and will depend upon a range of factors including reasons that are personal to you. EduKate does not guarantee that participation in a course and the Service will lead to an improvement in academic performance or results, or in reaching any benchmark on any test. Your results and achievements after participation in a course will very much be dependant on your application to the work required in the course. As such, EduKate cannot and does not guarantee any results from participation in our course. To the full extent permitted by law, you will hold EduKate blameless for any act or omission relating to the Service and you will indemnify EduKate from any dispute, action, claim or proceedings relating to the provision of the Service to you and EduKate will not be responsible for any losses or damages.
These T’s&C’s can only be varied by agreement between you and EduKate in writing. However, EduKate may, from time to time and within its absolute discretion, vary the policies, procedures and website information that are referenced here in these T’s&C’s. If these T’s&C’s are accepted, the resultant agreement and any dispute arising in relation to it are governed by the law of the State of New South Wales, Australia.
In the event that any provision of these terms are in conflict with any of the prescribed statutory consumer guarantees, those consumer guarantees apply and prevail over any such inconsistent conflicting provision.
1.1 The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund where a product or service you buy fails to meet our consumer guarantee.
1.2 The following Policy terms are in addition to and not in substitution for any statutory rights that exist in the Australian Consumer Law.
2. Purpose and Scope
This policy applies to the refund of course fees that have been paid by students/parents (‘You’ or ‘you’) to EduKate.
EduKate offers one payment method to pay for courses
EduKate offers the following services and/or products
If you are Enrolled in any EduKate Course:
Requests for refunds will be only be considered by EduKate under exceptional circumstances and on a case by case basis.
4.1 Cancellation where there is a failure in delivery of a Session
Under the Australian Consumer Law, the Sessions offered by EduKate come with the guarantee that they will be:
EduKate is legally obliged to provide a full refund if requested, where there is a ‘major failure’ of one or more of the guarantees. A major failure occurs where the service:
If the failure that has occurred is not a major failure but is still a failure on the part of EduKate, EduKate is required to rectify the failure. This may involve, but is not limited to, rescheduling a Session, or part of a Session.
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