Website Terms & Conditions of Service

1. About the Website

(a) Welcome to EdooSmart (Website, edoosmart.com.au). EdooSmart provides tutoring services through our external learning platform (“Smart Platform”), which is accessible via the EdooSmart website.

(b) The Website is operated by EdooSmart Pty Ltd (ACN 651 656 861). Access to and use of the Website, or any of its associated Products or Services, is provided by EdooSmart Pty Ltd. Please read these terms and conditions (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.

(c) EdooSmart reserves the right to review and change any of the Terms by updating this page at its sole discretion. When EdooSmart updates the Terms, we will use reasonable endeavours to provide all current customers with notice of updates via email. Any changes to the Terms take immediate effect from the date of their publication. The date of the most recent update will be displayed at the top of these Terms.

(d) For the purposes of these Terms, “EdooSmart” refers to EdooSmart Pty Ltd. All references to “EdooSmart,” “we,” “us,” or “our” in these Terms refer to EdooSmart Pty Ltd. The “Smart Platform” refers to our external learning platform accessible via the EdooSmart website. “Smart Platform” means the external learning management platform accessible via the EdooSmart website, which provides access to EdooSmart’s online tutoring services and resources.

2. Acceptance of the Terms

(a) By using the EdooSmart website, accessing the Smart Platform, or engaging our services, you agree to be bound by these Terms. Engaging our services or accessing the Smart Platform is conditional upon your acceptance of these Terms.

(b) In these Terms, capitalised words have the meanings given to them in the relevant clauses or as otherwise defined herein. Where a term is defined in these Terms or an Appendix, that definition applies throughout the document unless the context requires otherwise.

3. Registration to use the Services

(a) In order to access the tutoring services and the Smart Platform, you must first register for an account through the Smart Platform. Acceptance of these Terms is required prior to account creation. Upon completion of the registration process, you will have access to the the Smart Platform (Account).

(b) 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:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(v) Password

(vi) First name and last name

(c) You warrant that any information you give to EdooSmart in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Smart Platform (Member) and agree to be bound by the Terms.

(e) You may not use the Services and access the Smart Platform if:

(i) you are not of legal age to form a binding contract with EdooSmart; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

(iii) You are under the age of 18. The EdooSmart does not permit those under 18 to use the Service.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and

(C) any directions issued by EdooSmart from time to time.

(ii) you have the sole responsibility to protect 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;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify EdooSmart of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) you must ensure your password meets minimum security requirements including at least [8] characters, containing uppercase and lowercase letters, numbers and special characters, and you agree to report any suspected security breach to within [24] hours, providing detailed information about the incident including time, nature of breach, and any compromised data;

(v) you must change your password every [90] days, enable multi-factor authentication when available, and not reuse any of your previous [5] passwords, and you acknowledge that failure to comply with these security requirements may result in immediate account suspension until security compliance is restored;

(vi) 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 EdooSmart providing the Services;

(vii) you will not use the Services or the Website in connection with any commercial endeavours for your own or a third party’s gain except those that are specifically endorsed or approved by the management of EdooSmart;

(viii) 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;

(ix) 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 EdooSmart for any illegal or unauthorised use of the Website; and

(x) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Subscription, Payment Authorisation and Pricing

(a) The services provided by EdooSmart are offered on a subscription basis. By registering for our services, you authorise EdooSmart to charge your chosen payment method via auto-debit for the applicable subscription fees. Your subscription will continue until you terminate the service in accordance with these Terms, or until the service is otherwise terminated in accordance with these Terms

(b) You may terminate your subscription at any time by cancelling your subscription through your EdooSmart account. To cancel, please follow the account deletion or cancellation steps as outlined in these Terms. Once you cancel your subscription, you will continue to have access to the services until the end of your current billing period, after which your subscription will be terminated. No written notice is required.

(c) All payments made in the course of your use of the Services are made using Stripe, PayPal, or other common payment processors. 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, PayPal, or other common payment processors terms and conditions which are available on their website.

(d) 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.

(e) The most current service fees will be as stipulated and advertised on the Smart Platform and/or the EdooSmart website. EdooSmart may vary the service fees at any time by providing at least 30 days’ notice to current subscribers.

(f) Each subscription to EdooSmart’s services is valid for a period of four (4) months from the date of activation, which is the date payment is received and access is granted.

(g) Upon the expiry of the four (4) month subscription period, your access to the Services and the Smart Platform will be automatically terminated, and you will no longer have access to any course materials or resources.

(h) If you wish to continue using the Services after the conclusion of your four (4) month subscription, you must register and pay for the full course again as a new enrolment, subject to the then-current fees and terms.

(i) No automatic renewal will occur at the end of the four (4) month subscription period. It is your responsibility to re-enrol should you wish to continue access to the Services and Smart Platform.

(j) These terms apply equally to subscriptions purchased via the Smart Platform and the EdooSmart mobile app.

6. Unfront Payment Courses

(a) For certain courses or packages, EdooSmart may require payment of the full course fee upfront rather than by recurring subscription. The specific courses or packages requiring upfront payment will be clearly stated on the Website or Smart Platform at the time of enrolment.

(b) The terms of this Agreement apply to both subscription-based and upfront payment courses, except where expressly stated otherwise.

(c) Where there is any inconsistency between the terms applicable to subscription-based services and the terms applicable to upfront payment courses, the terms specific to upfront payment courses will prevail for such courses only.

7. Deferral/Deferment Policy

Deferral requests must be made in writing and are subject to approval at the sole discretion of EdooSmart. Deferrals may be considered for significant personal reasons supported by documentation. EdooSmart is under no obligation to grant a deferral and may approve or reject requests at its absolute discretion. Deferral terms and any applicable limits will be communicated to the applicant upon approval.

8. Refund Policy

(a) EdooSmart will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of EdooSmart makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

(b) Refunds will only be made in accordance with the following terms:

(i) Cancellation Before Course Commencement

– If written notice of cancellation or withdrawal is sent more than two (2) weeks before the start of the enrolled subject/study option, a $50 administration fee will be deducted from the refund.
– If written notice is sent less than two (2) weeks before the start of the enrolled subject/study option, only 75% of the course fee paid will be refunded.

(ii) No Refund After Course Commencement

– Once you have enrolled in a class that has commenced, no refund will be issued.
– EdooSmart reserves the right to decline a refund request if you withdraw or miss a class after it has officially started.

(iii) Alternative Tuition Arrangements

– EdooSmart reserves the right to offer alternative tuition arrangements in place of a refund. If these arrangements are unacceptable to the student, a refund will then be processed.

(iv) Refunds for Unavailable Courses

– If EdooSmart is unable to provide the subject/study option you enrolled in, the full tuition fee will be refunded.

(v) Exceptional Circumstances

– Refunds will be considered for serious accidents or illness. You must provide supporting evidence or documentation to support your request.

(vi) Refunds Not Applicable to Practice Tests

– Refunds do not apply to Practice Tests.

(c) How to Apply for a Refund

Step 1: Send a refund request to info@edoosmart.com with details of your cancellation or refund reason.

Step 2: EdooSmart will review your request and may request additional information.

Step 3: EdooSmart will notify you in writing within one (1) week of the outcome of your request.

A record of your request will be kept on file.
This clause should not be construed as limiting or excluding your rights under the Australian Consumer Law.

9. Intellectual Property

(a) The Website, SMART Platform, the Services and all of the related products of EdooSmart 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, SMART Platform 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 EdooSmart or its contributors. Materials include, but are not limited to:

1. Recorded videos

2. Study plans

3. Summary notes

4. Indexes

5. Module practice questions and feedback

6. Practice tests and feedback

7. Module mind maps

8. Exam guide

(b) All trademarks, service marks and trade names are owned by EdooSmart, who temporarily grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms; and

(ii) use the SMART Platform and the Services as intended and in accordance with the Terms.

EdooSmart does not grant you any other rights whatsoever in relation to the Website, SMART Platform or the Services. All other rights are expressly reserved by EdooSmart.

(c) EdooSmart retains all rights, title and interest in and to the Website, SMART Platform and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) 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).

(d) You may not, without the prior written permission of EdooSmart 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.

(e) EdooSmart reserves the right to use photos, videos, and content taken of or by participants for the purpose of marketing and promotion. Session recordings may be taken occasionally:

(f) The primary purpose of session recordings is for review in case of issues.

(g) The secondary purpose of session recordings is for marketing, which may include the use of photos or recorded faces.

(h) Consent: Participants may be required to provide permission for this usage.

10. General Disclaimer

(a) 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.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and

(ii) EdooSmart 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.

(c) Use of the Website, SMART Platform and the Services is at your own risk. Everything on the Website, SMART Platform 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 EdooSmart make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of EdooSmart) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) 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;

(ii) 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);

(iii) costs incurred as a result of you using the Website, SMART Platform, the Services or any of the products of EdooSmart; and

(iv) the Services or operation in respect to links which are provided for your convenience.

(d) Tutoring Service Disclaimer: EdooSmart does not guarantee any success, marks, or that you will pass as a result of using the tutoring Services.

11. Limitation of liability

(a) EdooSmart’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.

(b) You expressly understand and agree that EdooSmart, 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.

(c) Notwithstanding the above limitations, the maximum aggregate liability of for any claims arising under these Terms shall not exceed the greater of: (i) [100] Australian Dollars; or (ii) the total amount paid by you to in the [12] months preceding the claim. These limitations shall not apply to liability arising from gross negligence, willful misconduct, or any other liability that cannot be excluded by applicable law.

(d) For clarity, the liability limitations set forth above shall specifically exclude any claims arising from: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of consumer guarantees under the Australian Consumer Law; or (iv) any matter in respect of which it would be unlawful to exclude or restrict liability. All other claims for indirect, consequential, special, or punitive damages, including but not limited to loss of data, business interruption, or loss of opportunity, shall be subject to the liability caps specified above.

12. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of EdooSmart. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, EdooSmart will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

13. Termination & Account Deletion

You may terminate your subscription at any time by cancelling your subscription through your EdooSmart account. To cancel, please follow the account deletion or cancellation steps as outlined in these Terms. Once you cancel your subscription, you will continue to have access to the services until the end of your current billing period, after which your subscription will be terminated. No written notice is required.
To delete your account and cancel your subscription, please follow the account deletion steps as set out in these Terms. Upon deletion of your account, all associated purchases, subscriptions, and learning progress will be permanently deleted and cannot be restored.

(a) Delete Your Account and Personal Data: you have the right to delete your account and request the removal of your personal data from our servers. You can do this through one of the following methods:

(i) Delete via Website
– Log in to your EdooSmart account on our website.
– Click on your avatar/profile picture in the top-right corner.
– Select “Remove Account” from the menu.
– Enter a reason for account deletion and confirm your request.

(ii) Delete via Direct Link
– If you are already logged in, visit the account deletion page:
– https://practice.edoosmart.com/members/your-account/remove-account/
– Enter a reason for account deletion and confirm.

(iii) Delete via Mobile App
– Open the EdooSmart mobile app.
– Go to Settings > Delete Account.
– Follow the on-screen instructions to confirm your request.

(b) What Happens After Deletion?
– Any purchases, subscriptions, or learning progress associated with your account will be lost.
– You will no longer be able to access your account or restore deleted data.

(c) Important Notes
– If you have an active subscription, please cancel it before deleting your account.
– Some legal or financial records may be retained if required by law.
– If you experience issues, you can contact our support team at info@edoosmart.com.

By proceeding with account deletion, you acknowledge that this action is irreversible.

14. User Content & Ownership

By submitting any content (such as posts, comments, or uploaded materials) to EdooSmart, You grant us a non-exclusive, worldwide, royalty-free license to use, distribute, modify, and display
Your content in connection with our services.
You retain full ownership of Your content, but You agree that EdooSmart can use it without compensation for educational purposes.
You are solely responsible for any content You upload or share and must not violate any intellectual property rights, privacy laws, or third-party agreements.
EdooSmart reserves the right to remove or modify any user-submitted content that violates these Terms, infringes intellectual property rights, or breaches applicable laws. Users may request content removal by contacting support at info@edoosmart.com

15. Indemnity

You agree to indemnify EdooSmart, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) 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;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

16. Dispute Resolution

16.1. 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). You agree to engage in good faith when resolving the dispute and first try to resolve the dispute informally by contacting Us at info@edoosmart.com.

16.2. 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.

16.3. Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(a) Within 28 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;

(b) If for any reason whatsoever, 28 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 mediator be appointed by the Australian Mediation Association and the Resolution Institute;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Sydney, Australia.

(e) Class Action Waiver: By agreeing to these Terms, You waive Your right to participate in any class-action lawsuit against EdooSmart.

16.4. 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.

16.5. Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

The Services offered by EdooSmart is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

18. Governing Law

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

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

20. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
Appendix: Additional Terms for Upfront Payment Courses

(a) Upfront payment courses require the full course fee to be paid in advance prior to commencement.

(b) Refunds for upfront payment courses are subject to the Refund Policy (Clause 7). Where any terms in this Appendix differ from the main Terms, the terms of this Appendix will prevail for upfront payment courses.

(c) Unless otherwise specified, cancellation and deferral policies for upfront payment courses are as set out in Clauses 7 and 8.