Terms and Conditions for Upschool Courses

This website (http://training.upschool.co) is owned and operated by The Magical Learning Company Pty Ltd (ACN 649 465 869) (“TMLC” or “Upschool”). By accessing, using, registering with, or purchasing courses from this website, you explicitly agree to be irrevocably bound by the following Terms and Conditions. If you do not agree, please cease accessing this website immediately.

1. Introduction

1.1 TMLC provides access to educational courses, training materials, and related resources to private and public entities worldwide (“Services”).

1.2 TMLC grants you the right to use these Services subject to these Terms and Conditions.

1.3 In this Agreement, a reference to “You” or “Customer” is a reference to any user, customer, client or subscriber that accesses TMLC’s Services.

2. The Services

2.1 TMLC provides online courses and training through its platform at training.upschool.co, which may contain learning materials, videos, downloadable content, and other resources.

2.2 By registering for and/or purchasing any course, You have agreed to all terms and conditions governing the use of the Services including this Agreement and our Privacy Policy.

2.3 TMLC reserves the right to change these terms at any time. Any change shall become effective upon notification via the Services or via the email address you have registered with TMLC. Your continued use of the Services will be deemed acceptance of any variation of these terms.

3. Your Responsibilities

3.1 You will utilize educational materials and learning resources provided by TMLC for your own professional development.

3.2 You are responsible for the correct use of TMLC’s materials, resources and content.

3.3 You will be fully responsible for any liabilities or legal matters directly or indirectly arising from using any of TMLC’s learning materials or resources.

3.4 You will supply all relevant materials necessary for undertaking any courses, including stationery, computers, and other necessary items not supplied by TMLC.

3.5 You agree to protect the interests of TMLC at all times, including behaving in an ethical, morally acceptable way, ensuring best practices are met.

4. Intellectual Property

4.1 You acknowledge and agree that:

• The Services contain TMLC’s intellectual property
• Nothing in this Agreement affects ownership of TMLC’s intellectual property
• All right, title and interest in and to TMLC’s intellectual property remains the absolute property of TMLC
• You do not obtain any rights by virtue of your use of TMLC’s intellectual property
• You are solely responsible for the use, supervision, management and control of TMLC’s intellectual property while using the Services

4.2 Without TMLC’s written permission, You must not:

• Access or use TMLC’s intellectual property for any purpose other than as authorized under this Agreement
• Reproduce, publish, perform or communicate to the public, any aspect of TMLC’s intellectual property
• Decompile, disassemble or otherwise reverse engineer TMLC’s intellectual property
• Sell, charge, mortgage or otherwise encumber TMLC’s intellectual property

5. Payment and Refund Policy

5.1 All purchases of Upschool teacher training courses are final and non-refundable after payment has been processed.

5.2 Before enrolling, we encourage you to carefully review the course details, requirements, and sample content available on our website to ensure the course meets your needs.

5.3 Course access credentials and materials cannot be transferred to another individual.

5.4 In exceptional cases where a course cannot be accessed due to technical issues on our end, please contact our Customer Support team at hello@upschool.co within 48 hours of purchase.

5.5 For payments made through UPI in India, transactions are processed under “Freehance Creative Media Private Limited” for Upschool.co.

6. Course Deferrals

6.1 If you are unable to complete the course within the designated timeframe, you may request to defer your enrollment to the next available session.

6.2 Deferral requests must be made in writing to hello@upschool.co no later than halfway through the course duration.

6.3 A course may only be deferred once, and a processing fee may apply.

7. Indemnity

7.1 You hereby indemnify TMLC and will keep them indemnified from and against all losses or any claims made against TMLC arising from or in connection with:

• Any breach of this Agreement by You
• Any wrongful or negligent act or omission by You
• Use of the services in accordance with this Agreement

8. Limitation of Liability

8.1 Notwithstanding anything else contained in this Agreement, the maximum aggregate liability of TMLC for all proven losses and/or claims arising out of this Agreement is limited to the sum of the amounts paid by You to TMLC under this Agreement in the 12-month period immediately prior to the notice of the claim.

8.2 TMLC is not liable to You for:

• Any losses caused by your wrongful, willful or negligent act or omission
• Any indirect, incidental, consequential damage, economic loss or loss of profits
• Any claim or loss in respect of personal injury or death of any person

9. Confidentiality

9.1 Each Party agrees to ensure that the Confidential Information of the other party is kept confidential.

9.2 You must not, without the express prior written consent of TMLC:

• Directly or indirectly divulge or communicate the Confidential Information of TMLC to any third party
• Use any of the Confidential Information of TMLC for any purpose other than exercising your rights or fulfilling your obligations under this Agreement

10. Acceptable Use Policy

10.1 You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service.

10.2 You must not use the Service:

• In any way that is unlawful, illegal, fraudulent or harmful
• In connection with any unlawful, illegal, fraudulent or harmful purpose or activity

10.3 Content you upload or share must not:

• Be libellous or maliciously false
• Be obscene or indecent
• Infringe any copyright, moral right, database right, trademark right, design right, or other intellectual property right
• Constitute negligent advice or contain any negligent statement
• Be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory

11. Termination

11.1 This Agreement may be terminated by either Party at any time without notice.

11.2 A Party may terminate this Agreement immediately in writing if the other Party commits a material breach of the Agreement and fails to remedy the breach within five days of receiving written notice.

12. Governing Law

This Agreement will be governed by the laws of Victoria, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts in that jurisdiction.