Terms and Conditions
Kalkine Education Technologies Pty. Ltd. ABN 73660385884; ACN 660385884 (Kalkine ET, we, us and our) owns and operates the Site: https://www.kaledtech.com (the “Site”) and our related mobile or software application(s) (the “App”) and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format (hereinafter collectively referred to as the “Kal-edtech+ Platform”).
We hope that you have a great experience using the Kal-edtech+ Platform. Access to and use of the Site, our App, the Kal-edtech+ Platform, and the products and services available through our Kal-edtech+ Platform, Site, and App (collectively the “Services”) is subject to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions are applicable for both if you have purchased our Services online and/or through a telemarketing call.
By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.
- Amendments to Terms and Conditions
Kalkine ET reserves the right to amend these Terms and Conditions from time to time. If we do, the new Terms and Conditions will be posted on our Site/App or sent via email to Kalkine ET account holders, to notify you of the change. We will provide you with reasonable notice of any changes unless we reasonably believe that the change is not to your disadvantage. Your continued use of the Site or App after the amendments take effect will represent an agreement by you to be bound by the terms and conditions, as amended.
Access to this Site and App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our Site or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Site or App.
- Linked sites
Our Site or App may contain links to other Sites (Linked Sites), which are not operated by Kalkine ET. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions contained within each such site.
- You must not:
- misuse our Site or App.
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Services; corrupt data; or cause annoyance toother users;
- infringe upon the rights of any other person;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of (or accessed through) our Site.
Breaching this provision may constitute a criminal offence and Kalkine ET may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device, mobile software, data, or other proprietary material due to your use of our Site or App or due to your downloading of any material posted on them, or on any Linked Sites.
- Digital Product and Payments
o If you wish to access our Services, you will need to become a customer by providing us with your contact details and paying the relevant subscription fee.
o To become a customer, you are required to create an account. You are responsible for maintaining the confidentiality and security of your account and password. If you have not notified Kalkine ET that the security of your password has been compromised, Kalkine ET will be entitled to assume that all activity connected to your account is conducted by you (or on your behalf). You are liable for all actions of people using your password.
o We reserve the right to amend the security procedures for access to the Services at any time.
o When you purchase our Services, the price will be made clear during the order process. You agree to pay the price as notified at the time of your order, as well as any applicable taxes or processing fees charged by issuing bank/payment provider. Please note that the price may be rounded off to the nearest whole numerical value.
o When you place an order for our Services, we will provide a secure (SSL, encrypted)connection and require you to submit only the information needed to complete and fulfil your order.
o The charges for our Services are based on the products purchased regardless of actual usage.
o It is your responsibility to provide correct and valid payment details. By submitting payment details, you confirm that you are entitled to use those payment details. Unless specified otherwise under these Terms and Conditions, fees once paid are non-refundable.
o If the payment for your Services is unsuccessful for an order already accepted by us, we may notify you of such dishonor and immediately cancel your Services.
o If your initial payment authorization is revoked, your account will be terminated immediately. We reserve the right to reject your order at any time.
- Access to our Services
Kalkine ET will process activation of your Services within a period of 24 hours post successful verification of your payment and contact details; at which point we will send you an acknowledgement email with username and password to your account along with the access information to your email id registered with us at the time of creating an account with Kalkine ET. You must only use our Services for your personal, non-commercial use and in accordance with these Terms and Conditions and any applicable law.
- Billing, Pricing & Cancellation
You will be charged the full amount for the Services chosen by you via a valid credit card or other payment method.
Kalkine ET shall share a receipt or invoice on your registered email id once the payment for the Services chosen by you is successful. We reserve the right to review and alter our prices for our products at any time. You may notify us of your intent to cancel at any time by contacting our customer service department.
- Intellectual Property, Software, and Content
The intellectual property rights in all software and content made available to you on or through our Site and App remain the property of Krish Capital Pty. Ltd., its licensors and are protected by copyright and other intellectual property laws and treaties across the jurisdictions where Kalkine ET operates. All original works produced by Kalkine ET and associates, including all the elements that make up the Kal-edtech+ Platform, including all text, images, PDF files, presentations/ decks, and videos about are registered copyrights. All such rights are reserved by Krish Capital Pty. Ltd. and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our Site or App, nor may you use any such content in connection with any business or commercial enterprise without obtaining prior written permission from Kalkine ET. Trademarks: Kal-edtech+™ and Engage. Excel. Execute.™ are service marks and trademarks belonging to Krish Capital Pty. Ltd. No use whatsoever may be made of these marks without the express written permission of the trademark holder.
- Educational content only
The principal purpose of Kal-edtech+ is to educate and inform and it does not contain or imply any recommendation or opinion intended to influence your financial decisions and must not be relied upon by you as such. Any company or investment mentioned in our Services is purely used to illustrate an example for educational purposes only and does not represent a recommendation or advice by Kalkine ET or Kalkine for you to invest in any financial product.
- Disclaimer of liability
Subject to any non-excludable consumer guarantees set out in the Australian Consumer Law or the Australian Securities and Investments Commission Act 2001, Kalkine ET makes no warranty, guarantee or representation about:
o the accuracy, reliability, completeness, or timeliness of any information provided on or accessed via the Services;
o the merchantability or fitness for a particular purpose of any of the products or Services referred to or accessed via the Site, the App, or any Linked Site;
o the security of any information you transmit to Kalkine; or
o the Site, the App or any Linked Sites being free from viruses, the Services operating uninterrupted or error free and any errors or defects being corrected.
Where a guarantee, condition or warranty is unable to be excluded by law, we limit our liability to the resupply of the Services or the cost of having the Services supplied.
To the fullest extent permitted by law, Kalkine EdTech, its directors, officers, employees, consultants, agents, and affiliates are not liable for any loss or damage whatsoever, including but without limitation for any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, which you may directly or indirectly suffer in connection with or arising out of or related to:
o your access to, or use or performance of, our Services, Site, the App or Linked Sites; or
o your access to, or use or reliance on information provided in or accessed via our Services, Site, App or Linked Sites,
irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Kalkine ET’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless Kalkine ET, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, or costs (including, but not limited to, legal fees) arising directly or indirectly in connection with or from:
• your access to and use of our Services, the Site, the App, or any Linked Sites;
• reliance by you on any information provided on or accessed via our Services, the Site, the App, or any Linked Site; or your breach of the Terms and Conditions.
We have the right in our absolute discretion at any time and without notice (where acting reasonably) to amend, remove or vary the Services or any page of our Site or App.
If you breach these Terms and Conditions, notwithstanding any other rights we may have, we may (where acting reasonably) and without notice to you, delete, or deactivate your account.
These Terms and Conditions, and any rights and licences granted to you under these Terms and Conditions, cannot be transferred or assigned by you to a third party.
o If we fail to exercise or delay in exercising any right, power, or remedy, we do not waive the right, power, or remedy.
o If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
If any provision of these Terms and Conditions is found to be illegal, invalid, or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms and Conditions in that jurisdiction. This will not affect the remaining provisions.
- Governing law
These Terms and Conditions are governed by and construed in accordance with the law for the time being in force in New South Wales and you, by agreeing to these Terms and Conditions, are deemed to have submitted to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.
Our Site and App may be accessible from outside of Australia. We make no representation that our Site and App complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site or App from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Site or App.
If you have any queries relating to these Terms and Conditions, please contact us at:
The Customer Service Department,
Kalkine Education Technologies Pty. Ltd.
Suite 202, 234 George Street,
Sydney, NSW – 2000
Email: [email protected]
Last Updated: 1 September 2022.