Terms and Conditions for Digital Products (Australia)
1. Introduction
- These Terms and Conditions govern the sale of downloadable digital maths dyscalculia products (“Products”) by (“we”, “our”, “us”) to consumers in Australia.
- By purchasing and downloading our Products, you agree to these Terms and Conditions, which comply with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL).
2. Products and Purpose
- Our Products are digital resources designed to support individuals with dyscalculia and related learning needs.
- Products are delivered electronically only. No physical items are shipped.
- We make every effort to ensure accuracy in descriptions, images, and specifications.
3. Pricing and Payment
- All prices are listed in Australian dollars (AUD) and include GST where applicable.
- Payment must be made in full at the time of purchase via approved payment methods.
- We reserve the right to update prices without prior notice, except for confirmed orders.
4. Delivery of Digital Products
- Upon successful payment, you will receive a secure link to download the Product.
- Download links are valid for 60 days and are limited to a set number of downloads (3).
- It is your responsibility to ensure you have suitable hardware, software, and internet access to use the Product.
5. Consumer Guarantees (Digital Products)
- Under the ACL, you are entitled to consumer guarantees that cannot be excluded:
- Products must be of acceptable quality, safe, and fit for purpose.
- Products must match their description and any sample provided.
- If a Product fails to meet these guarantees, you are entitled to a repair, replacement, or refund depending on the nature of the issue.
6. Returns and Refunds
- Refunds are available if the Product is faulty, corrupted, or not as described.
- Change-of-mind refunds are not available for digital downloads once the download link has been accessed, in line with ACL best practice.
- Refunds will be processed to the original payment method within 10 business days.
7. Digital Licence Agreement
- When you purchase a Product, you are granted a non-exclusive, non-transferable, revocable licence to use the Product for personal, non-commercial purposes only.
- You may not:
- Share, resell, rent, or sublicense the Product.
- Copy, reproduce, or distribute the Product beyond personal use.
- Modify, reverse-engineer, or create derivative works from the Product.
- Licence Termination:
- We may terminate your licence immediately if you breach these terms.
- Upon termination, you must delete all copies of the Product in your possession.
- Educational Institutions:
- Schools or organisations wishing to use Products for multiple students must obtain a separate institutional licence.
8. Intellectual Property
- All content, designs, and materials associated with our Products are protected by copyright and intellectual property laws.
- Except as permitted under the Digital Licence Agreement, you may not reproduce, distribute, or modify our Products without prior written consent.
9. Compliance with Accessibility Standards
- We are committed to ensuring our Products are accessible to individuals with diverse learning needs, including dyscalculia.
- Our Products are designed in line with recognised accessibility standards, including:
- Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA or higher.
- Relevant provisions of the Disability Discrimination Act 1992 (Cth).
- While we strive for full accessibility, users are encouraged to provide feedback on accessibility issues so we can continuously improve.
10. Customer Support & Feedback
- We provide customer support for issues relating to downloads, refunds, accessibility, and licence queries.
- You can contact us at:
- Email: dyscalculiapathway@erkoservices.com.au
- Online form: https://dyscalculiapathway.com/contact/
- We aim to respond to all enquiries within 3–5 business days.
- Feedback on accessibility, product quality, or educational effectiveness is welcomed and used to improve our Products.
11. Limitation of Liability
- To the extent permitted by law, our liability is limited to the remedies available under the ACL.
- We are not liable for indirect or consequential loss arising from the use of our Products.
12. Privacy
- We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.
- For details, see Erko Service’s Privacy Statement.
13. Governing Law
- These Terms and Conditions are governed by the laws of New South Wales, Australia.
- Any disputes will be subject to the jurisdiction of the courts of New South Wales.