EduKate Student Agreement Terms of Enrolment

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:

• _{allocation of a specialist teacher to lead the lesson delivery}

• _{access to appropriate learning materials}

• _{live online lessons with the teacher (“Sessions”) at times scheduled by EduKate}

Notify you of any changes to scheduled lessons

In Return You Will:

• Pay the course tuition fee
• Need access to a computer with the latest version of the browser, a camera and microphone, and reasonable internet access
• Have a Zoom account, use your correct full name to sign in and join lessons, and have your camera turned on to show your face at all times during the lessons
• Be required to attend each Session on the date and time that has been scheduled. In the event of failure to attend a lesson, that lesson will be considered missed and unable to be made up.  Notwithstanding that EduKate has no obligation to provide you with a replacement lesson for one that you missed, EduKate may, at its own sole discretion endeavour to provide you access to a subsequent lesson as a replacement for one you that you missed, EduKate may, at its own sole discretion, endeavour to provide you access to a subsequent lesson as a replacement for one that you missed, but EduKate will not be held liable if it is unable to provide such substitute lesson.
• Be assigned additional work (“Practice”) to be completed between each Session and you agree to use your best endeavours to complete this Practice as requested.
• Enrol and pay for enrolment in a course at least three days prior to the scheduled commencement date. Failure to do so means that EduKate may not be able to provide learning materials prior to the course.
• Only communicate with your EduKate teacher during the lessons or via email ([email protected])
• Not record any live lessons
• Comply with any policies and procedures that are published and provided to you by EduKate, which policies and procedures may be updated by EduKate at its sole discretion from time to time.  As to EduKate’s policies and procedures, these will be provided in a separate document clearly headed “EduKate’s Policies and Procedures Manual”.  This includes you:
• Consent to EduKate
  • _{recording and reviewing each Session for the purpose of quality assurance, internal training}
  • _{recording all data from Sessions for the purpose of:}
    • _{diagnosing your current proficiency and learning requirements}
    • _{assessing your academic performance and progress}
    • _{updating EduKate’s teaching methods}
    • _{use in educational research}

• Respect the fact that EduKate has invested significantly in the development of the learning content provided in the courses. This content is only to be used by you and you undertake not to provide access to this content to any third parties.  You will not copy, download, or distribute any learning materials, content, or associated working notes.

• Not allow any third party to join in and attend lesson Sessions with you.

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:

• _{If time is lost during one of your Sessions due to the late arrival of our teacher or due to technical issues at EduKate, EduKate will compensate you for the loss of time by extending or rescheduling a Session to another date and/or time.}
• _{If time is lost during one of your Sessions due to your late arrival or due to technical issues from your end, EduKate will not be able to compensate you for the loss of time.}

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.

Refund Policy and Procedure

1. Introduction

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.

3. Background

EduKate offers one payment method to pay for courses

• Pre-paid by credit card online. Payments are not refundable other than under clause 4 of this Policy.

EduKate offers the following services and/or products

• LANTITE Preparation Courses for Numeracy
• LANTITE Preparation Courses for Literacy
• HSC Minimum Standard Test Preparation for Numeracy
• LANTITE Literacy Practice Test
• LANTITE Numeracy Practice Test

If you are Enrolled in any EduKate Course:

• You will be charged as soon as you enrol. This fee is non-refundable.
• If you are unable to attend a session or miss one, there will be no refunds offered. Additionally, recordings of missed sessions will not be provided unless specifically arranged with EduKate. If you do request recordings, there will be a fee of $50.

Requests for refunds will be only be considered by EduKate under exceptional circumstances and on a case by case basis.

4. Policy

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:

• provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage;
• fit for the purpose or provide the services that EduKate and you agreed to; and
• delivered within a reasonable time frame of the scheduled session time/s

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:

• has a problem that would have stopped you from buying it if they had known about it; or
• is substantially unfit for its purposes and cannot easily be fixed with a reasonable time; or
• does not meet the specific purpose that it was intended for and cannot easily be fixed within a reasonable time period.

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.