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 (“Euka“) concerning the Euka Curriculum (the “Curriculum“) and Works (Material and Content created and/ or distributed by Euka). 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 Euka.
Welcome to euka.edu.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 Euka Future Learning Pty Ltd (ABN 26624440606). Access to and use of the Website, or any of its associated Products or Services, is provided by Euka Future Learning 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 Services, immediately.
You accept the Terms by remaining on the Website and through the purchase of any Euka 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 Euka Future Learning Pty Ltd in the user interface.
- In order to access the Services, you must first purchase through the Website after which an account will be registered for you in the Euka Learning Management Service (the ‘LMS‘).
- As part of the registration 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 username
- Mailing address
- Telephone number
- Student/s details
- You warrant that any information you give to Euka Future Learning Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms.
- 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;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Euka Future Learning Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Euka Future Learning Pty Ltd providing the Services;
- 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 Euka Future Learning Pty Ltd;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Euka Future Learning Pty Ltd for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- The Website, the Services and all of the related products of Euka Future Learning 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 Euka Future Learning Pty Ltd or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Euka Future Learning Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- Euka Future Learning 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 Euka Future Learning Pty Ltd.
- Euka Future Learning 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:
- business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
- 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 Euka Future Learning 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.
Euka Future Learning Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Euka Future Learning Pty Ltd’s Privacy Policy, which is available on the Website.
- 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
- Euka Future Learning 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 Euka Future Learning Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Euka Future Learning 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 Euka Future Learning Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
- 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‘)
- 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.
- 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 Euka Future Learning Pty Ltd can vary the Services Fee at any time.
- Payment amounts can either be paid upfront in full or broken into instalments and paid at regular intervals.
- Both our Yearly and Term plans automatically renew your enrolment for grades covered by a program. This does not apply for the last grade in a program (Yearly Plan) or the last term in the last grade in a program (Term Plan).
- You acknowledge and agree that where a request is made for an automatically renewing payment for a Service, or an instalment for a Plan, it will be automatically taken from your approved payment method in your account until you cancel your enrolment or your enrolment expires.
- Euka Future Learning 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 Euka Future Learning 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.
- You agree to indemnify Euka Future Learning 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.
- 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.
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.
Euka claims no responsibility or representation regarding the quality, content, nature, or reliability of third-party websites and/ or subscriptions linked to the Euka Curriculum and/ or Works. These parties are not under the control of Euka and Euka is not responsible for the contents of any linked site or any changes made to such sites. Euka 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.
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.
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.
- Euka Future Learning is committed to a straightforward and thoughtful approach through our 7-day refund policy, applicable exclusively to new customers.
- If, for whatever reason, you determine within the first 7-days of purchase that Euka Future Learning is not aligning with your needs, we’re pleased to provide a full refund. Kindly note that a minor administration processing fee of $47 will be applicable.
- In line with our commitment to fairness and transparency, we do not allow cancellations of any payment plan after the initial 7-day cooling off period post-purchase. In such cases, you must adhere to your agreed-upon payment schedule as originally arranged. Instances where Premium Add-Ons, such as the Government Report Creator or the Registration Premium Add-Ons (individually or as part of a bundle), have been utilized within the 7-day cooling off period will not be eligible for a refund. This is to ensure that the usage of Premium Add-Ons during the initial period aligns with the overall terms and conditions of our refund policy.
- Furthermore, please be aware that if malicious practices are determined by Euka, we reserve the right to revoke the 7-day refund policy. Such practices may include but are not limited to intentional misuse of resources, fraudulent claims, or any actions that compromise the integrity of our platform. Your cooperation and understanding in upholding a fair learning environment are greatly appreciated.
- For existing customers, when a change or upgrade to an enrolment or service results in a prorated credit, those credits will be applied to your account and can be used for any future purchases.
- If you decide to terminate all enrolments and services with Euka, any credits in your account will be refunded to your chosen payment method.
- Access to your student enrolment (including program, curriculum, grade and term content, premium service, etc) is time-based and determined by the start and end dates of your enrolment. Your enrolment start and end dates are determined by your selected plan period, either term-by-term (90 days) or yearly (365 days).
- Curriculum content is organised based on a Euka program:
- For the Euka Primary and Euka Secondary programs, curriculum content is organised into 4 term blocks.
- For the Clever Kids program, curriculum content is organised in a single year block.
- For the Euka Senior programs, curriculum content is organised in 4 term blocks.
- When you purchase an enrolment with a Yearly Plan, you will have access to 4 terms of consecutive curriculum content based on your selected grade and your chosen starting term.
- In the case where your starting term is not Term 1, and providing 4 Terms of consecutive curriculum content crosses a grade level, you will be provided with Terms for the next grade to meet the 4 term number as long as the next grade is still within a program, e.g. Euka Primary.
- If your sequence of 4 Terms crosses a grade level that belongs to another program, e.g. Euka Primary (G6) -> Euka Secondary (G7), you will only be provided with Terms within your current grade and program. When you need to access Terms for the next grade and program, an upgrade fee will be required to access the next set of Terms in the next program.
- When moving from one program to another, an upgrade fee will be required if you have an active enrolment, either with a Term or Yearly Plan, and you’re moving between the following programs:
- Euka Clever Kids → Euka Primary (K-6).
- Euka Primary (K-6) → Euka Secondary (7-10).
- Euka Secondary (7-10) → Euka Senior (11 & 12).
- When you purchase an enrolment with a Term Plan, you will have access to 1 Term of curriculum content based on your selected grade and your chosen starting term.
- All plans will automatically renew as follows:
- Yearly (Upfront) and Yearly (Instalment) Plans will automatically renew every 356 days based on your plan start and end dates.
- Term (Upfront) will automatically renew every 90 days based on your plan start and end dates.
- Automatic renewal will not be applied to your enrolment when in the last grade for a program (Yearly) or the last term for a grade in a program (Term). This is defined as Euka Clever Kids, Euka Primary – Grade 6, Euka Secondary – Grade 10 and Euka Senior – Grade 12.
- In the case where your plan does not automatically renew, you will need to purchase a plan to continue accessing your Euka enrolment.
- If you renew your enrolment before its end date, any unused time that has been paid for can either be:
- Returned as prorated credits and applied to your account. These credits can be used for any future purchases.
- Added to the end of your renewed enrolment period, extending the end date of your renewed enrolment. For example, if you had an enrolment with a yearly plan and paid for it fully upfront and you renewed early after 10 months, your renewed enrolment would take effect at the time of payment and the unused paid period of 2 months would be added to the end of your renew enrolment, extending the end date of your renewed enrolment by 2 months.
