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Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before purchasing a Program from Home School Programs website (the “Service”) operated by © Home School Programs (“us”, “we”, “our” or “Company”).
These are the general terms of use of Home School Programs and if you do not accept these terms you should not use our site or purchase our Programs for home schooling educational purposes.
From time to time it may be necessary for us to review these terms so it is recommended that you check this page regularly. Once changes have been made they will post on the website and continued use of the site or Program materials constitutes acceptance.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
You agree to indemnify and hold Home School Programs, its directors, officers, contractors and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal and medical fees, asserted by any third party due to or arising out of your use of the Website or Home School Programs Material or Home School Programs Services.
You agree you have read and understood the Terms and Conditions, Home School Programs Privacy Policy, Website Terms of Service and Purchase Terms of Service.
If you do not understand any part of this agreement or the policies or terms of service of the website or purchases you should not agree or use the Home School Programs platform, Products or services.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. By proceeding with the website and Product services you agree that you have read and agree to the Terms and Conditions.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase” or “Buy”), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Rest assured none of your personal or payment details will be shared with any third party – please see Privacy Policy for further information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete; iii) that you are over the age of 18. You expressly agree that we, the Company, is not responsible for any loss or damage arising from the submission of false or inaccurate information.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that the Company cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud, or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on our site. The products or services available on our site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
Delivery and Refunds
When paying for Program materials in full customers will receive instructions to access their Program materials immediately after purchase. The Company confirms that should any updates on Program materials be necessary, these will be of the same high standard as the original Program material.
Within 48 hours of accessing Program materials, any efficiencies or inaccuracies should be reported to the Company immediately. Complaints involving inaccuracies will not be accepted after this time.
Should the Company be unable to provide Program materials after purchase, a full refund will be given.
The Program is limited to meeting partial Education Requirements as part of home schooling registration in New South Wales, Australia. Factors outside of partial educational registration requirements are not covered under the Service as this does not fall under the control of Home School Programs, therefore this does not constitute grounds for a refund.
Programs and access
It is the responsibility of the customer to be compliant with any Program requirements. It is imperative that customers understand the requirement to prove the level of proficiency necessary to satisfy NESA requirements for Home Schooling. Should a customer not be deemed of sufficient standard to meet the necessary criteria for NESA Home Schooling purposes, the Company accepts no liability for failure of the Program or contents or advice given within.
Your account details
When you purchase a Program or create an account or with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. If you access the Program from a cloud based server, then you must at all times maintain protection of the Program with the use of a password. Failure to do so constitutes a breach of the Terms.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Intellectual Property
The Program and its original content, features and functionality are and will remain the exclusive property of the Company. The Program is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Any copying of Program materials or adaptation is strictly prohibited without prior permission of the Company and NESA.
Storing Your Personal Data
In operating our service it is necessary to transfer data that we collect from you to cloud servers for processing. By providing your personal data to us, you agree to this transfer and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically. Sending such information is entirely at your own risk.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless the Company and their employees, assessors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Severance
Should a court of Law or authority with jurisdiction, find any parts of this Agreement to be invalid, illegal or unenforceable, then this section or sections to the extent required is deemed not to form part of the said Agreement. Should this occur, the validity of the remaining parts of the Agreement shall not be affected.
In the case that a section or sections of the Agreement are found to be invalid, illegal or unenforceable the provision shall apply with any modification the Company deems necessary to ensure that it is valid, legal and enforceable.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will the Company ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by the Company or any person for whom the Company is responsible, and even if the Company has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company’s sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us.