Future School

Terms and Conditions

  1. Terms of use

    The Future School website is operated by BKW Investments Pty Ltd (ABN 46 003 813 258).
    Future School from time to time offers additional services via the www.futureschool.com or its associated websites (' FS websites') and such educational programs, services and delivery mechanisms will be collectively referred to as Future School Learning Systems in these terms. Your access to, and use of, Future School Learning Systems is subject to these terms, the Future School privacy statement, the Future School legal statement and the Future School terms of use, whether or not you become a member of the Future School Learning Systems services. Prior to using Future School Learning Systems, you should read and understand the terms of use.
  2. What you must do

    1. You must use Future School Learning Systems in accordance with the terms of use.
    2. You may use your specific security identification code ('Future School ID') to access Future School Learning Systems. The Future School ID could take the form of an individual user name and password, a digital certificate or another security-related technology.
    3. The Future School ID may be used only for the purposes of accessing Future School Learning Systems and for authorising instructions or requests using the Future School Learning Systems services made available for and by the Future School Learning Systems.
  3. What you must not do

    1. You must not:
      1. use Future School Learning Systems for any activities other than those intended, or post, transmit materials via Future School Learning Systems any information or materials, which breach any laws or regulations, or are contrary to any relevant standards or codes
      2. use Future School Learning Systems in a manner which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from utilising the Future School services
      3. provide your Future School ID to a third-party without authorisation from Future School.
      4. use another's Future School ID or name without permission
      5. provide false information when registering or changing your Future School registration or payment details
      6. impersonate another person when using Future School Learning Systems
      7. make unauthorised modifications to Future School Learning Systems
      8. knowingly transmit any virus or other disabling feature to or via Future School Learning Systems
      9. assist or attempt any of the above acts whilst using or via Future School Learning Systems.
  4. Third-party content

    1. Some products and services offered for sale or advertised via Future School are products, services and information provided by third-parties.
    2. The products and information supplied by third-parties are protected by copyright and can only be used in accordance with the terms of use that apply to all services and information as stated for Future School Learning Systems services.
    3. Unless specifically expressed in writing, Future School takes no responsibility for the materials or services provided or offered on its FS websites by third-party organisations and persons visiting the FS websites must rely on the third-party's terms of use to determine their use and employment.
  5. Use of license

    1. It is recommended that registered end-users of the Future School Learning Systems should install either:
    2. Members should use the member's Login on the home-page of the appropriate FS website to access their Future School Learning System, with the understanding that the url should be linked or book-marked to any computer that they use to gain access to the Future School Learning Systems provided:
      1. the registered member's Future School ID is ONLY used by that registered member to access their subscription of the Future School Learning Systems;
      2. the registered member ensures that non-registered users are not provided with their security access to the Future School Learning Systems.
  6. Prices and products and services are subject to change

    1. All prices displayed and products and services offered for supply on Future School Learning Systems are subject to change without notice.
    2. Prices are current at time of registering and will apply for the Future School Learning Systems services ordered and provided for the registration period agreed at that time.
    3. Renewal of a Future School Learning Systems service is subject to price at the time of renewal and applies specifically to the Future School Learning Systems service being renewed or ordered at that time. They should be reviewed and understood to specifically apply to the service/s being renewed or ordered from the date of renewal or purchase until notice of amendment.
  7. Security

    1. For security reasons, we may occasionally require you to re-authenticate yourself, for example, after a period of inactivity on the connection between your browser and the Future School servers. We are not liable for any information you may lose if the Future School servers terminate your browser session due to prolonged periods of inactivity between your browser and the Future School servers.
    2. You must comply with all directions issued by Future School relating to use of your Future School ID and access to Future School Learning Systems.
    3. Future School is not responsible for providing the computer, hardware, or any other equipment necessary to access the internet.
    4. You must not transmit, provide or disclose your confidential Future School ID to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 7.5.1 or 7.5.2 below.
    5. You must not keep the confidential component of your Future School ID in a location where it is capable of being copied or used by any other person or disclose the confidential component of your Future School ID to any other person, other than:
      1. a person authorised by Future School Learning Systems to access and use Future School Learning Systems
      2. that authorised person being a parent/guardian/teacher, who in accessing or using Future School Learning Systems agrees to be bound by the terms of use.
    6. Future School is entitled to rely on your Future School ID as evidence of your identity and authority for the purposes of Future School Learning Systems. These include making payments to Future School using your credit card details, and nominating e-mail addresses or phone numbers to which Future School may send billing and payment information relating to your Future School Learning Systems service. You are responsible for all use of Future School Learning Systems and your Future School ID where you have not complied with the terms of use.
    7. You must immediately notify Future School if you become aware:
      1. the confidential component of your Future School ID has been compromised or is known by a third-party (other than by an authorised person)
      2. of any unauthorised use of your Future School ID.
    8. In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Future School ID and issue you with a new Future School ID within a reasonable time. Notice provided by you under this clause does not release you from your responsibilities under the terms of use.
    9. We will take reasonable steps to secure Future School Learning Systems and the systems in our control that are used to access Future School Learning Systems. However, the internet is sometimes unreliable and is a difficult medium to secure. Future School does not guarantee the security of the internet, your hardware or any third-party software used to access Future School Learning Systems, or any information that passes through such systems.
  8. Online payments

    1. All Future School Learning Systems registrations incur Future School Learning Systems payment. Your billing automatically applies to the paperless option, with a minimum term agreed to during your registration application. Automatic monthly payments that are agreed to in the registration application will apply from the application date.
    2. Your billing preference will be on a monthly basis and will apply to your selected preference identified during the registration process, that being either your specified credit card or directly debited to your bank account.
    3. Your account will be regularly debited with the monthly payment and to ensure accurate billing is maintained you must contact Future School immediately you change any of the creditcard or direct debit account details relating to your subscription to enable us to bill you correctly.
    4. To notify Future School of the changes simply e-mail you changes from within your subscription portal by selecting 'Ask a Tutor' and 'Accounts Enquiry' or email us at Change of account details providing your name and telephone number so that we can confirmation your changes with you.
  9. How to cancel or automatically extend your service

    1. Having agreed to a twelve (12) month subscription to the Future School Service, you may stop using the Future School Service at the end of the twelve (12) month period, provided you contact Future School, thirty (30) days' prior to the end of the term. If you do not notify us that you wish to stop using the Future School Service, your subscription will automatically be extended for a further twelve (12) month subscription.
    2. If we implement a price change prior to your renewal of your twelve (12) month subscription to the Future School Service we must notify you prior to your automatic roll-over or the monthly subscription must remain unchanged for the extended twelve (12) month term.
    3. If you have a twelve (12) month subscription to the Future School Service and you cancel your subscription at any time during the twelve (12) month period, you must pay us an early termination fee equal to 50% of the outstanding charges for the remainder of your subscription. You acknowledge that this amount is a genuine pre-estimate of the loss we are likely to suffer.
    4. If you have a prepaid twelve (12) months subscription for the Future School Programs, you may stop using the Future School Service at the end of the twelve (12) month period. You will be contacted 30 days prior to the renewal date and asked to confirm your extension by paying for the next twelve (12) month subscription period at the latest renewal price. Failure to pay the renewal subscription will automatically prohibit access by the users under the subscription and will prevent use of any of the services until payment is received.
    5. 60 days after cessation of subscription all user information is removed and a new customer record and details is required for continued use of the Future School services. Future School does not guarantee maintenance of the records, where the customer is responsible for and fails to renew their subscription.
  10. Our liability to you

    1. Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that Future School Learning Systems will always be available to you, or fault or virus-free.
    2. The terms that apply to the supply of Future School Learning Systems are those expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
    3. We are not responsible for:
      1. loss caused by factors which could reasonably be considered to be outside our control, such as faults in third party equipment
      2. loss of data
      3. an inability to synchronised data due to change of service address, your failure to update or synchronised data correctly prior to disconnection, or failure of your internet services.
  11. Your liability to us

    1. You are responsible for the proper use of the Future School Learning Systems service and failure to use the service subject to these terms of use.
  12. Change of the terms of use

    1. In the event of changes to the terms of use we will notify you of the changes that have occurred. In addition, all changes will be published on the Future School website on the legal statement page.
    2. If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
    3. If the change has a detrimental impact on you, but is:
      1. required by law
      2. necessary for security reasons
      3. to prevent fraud, or
      4. for technical or infrastructure reasons we will try to give you three (3) days prior notice of the change.
      Sometimes, due to the nature of the change, we may not be able to give you three (3) days prior notice. In this event we will give you as much notice as we reasonably can. Notice will be provided to you by transmitting an e-mail notification to your designated e-mail address.
    4. If the change is not of a type described in Clause 9.2 or 9.3, we will give you at least thirty (30) days prior notice of the change.
    5. We are not required to notify you if we make changes to the Future School website.
  13. Termination

    1. You may stop using Future School Learning Systems at any time after the initial registration period has expired, for any reason.
    2. We may stop making Future School Learning Systems, or any part of Future School Learning Systems, available to you without notice if payment is withheld for any reason or payment is refused by your banking authority.
    3. We may also suspend or withhold services if:
      1. you are in breach of the terms of use and:
        • the breach is something which cannot be remedied or
        • you fail to remedy the breach within ten (10) days of our e-mail notice to you of that breach.
      2. we believe, on reasonable grounds, there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to Future School Learning Systems
      3. the law requires us to do so
      4. we believe, on reasonable grounds, providing access to Future School Learning Systems to you is illegal or may become illegal.
    4. termination does not relinquish your financial responsibility if the term of the registration extends the payment period beyond the termination date.
  14. Communication with you

    1. As part of some Future School Learning Systems services available via Future School, we may communicate with you using an e-mail address or a telephone number nominated by you. When we do this, the following will apply:
      1. You are responsible for ensuring that your contact details for the Future School Learning Systems service/s are current, your e-mail service is operational and that you check your e-mails regularly for messages.
      2. You must either:
        1. make the appropriate changes to the student, parent, tutor or institution member's profile within the Future School Learning System, identifying the modified information; or
        2. notify Future School as soon as possible of any changes to your contact details for the Future School Learning Systems service/s using the online method provided by Future School.
      3. If Future School receives an automated e-mail non-delivery notification indicating you have not received an e-mail that Future School has sent you, Future School will use reasonable endeavours to attempt to contact you. Future School will use the other contact details you submitted in your application, including non-electronic means, but does not guarantee that Future School will be able to contact you.
    2. Despite Clause 12.1, for the purposes of Clauses 11 and 12.1, we will give you notice by directing your e-mail to the nominated e-mail account. If you do not have an e-mail account, Future School will provide one for you, for the purpose of maintaining contact with Future School and its services.
  15. Use of your information and material

    1. When you send us any feedback, suggestions, ideas or other materials in relation to, or via, Future School, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our privacy policy.
  16. Goods and Services Tax (GST)

    1. Where applicable all GST has been included in our charges for the supply of the services for the duration of our contract and will be shown on any invoice or statement provided by Future School to you, as the registered member.
  17. General understanding

    1. This agreement is governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
    2. If any of the terms of use are invalid or unenforceable, they will be struck out. The remaining terms will remain in force.
    3. You may not assign or transfer your rights or benefits under the terms of use to any other person or entity without our prior consent, which we will not unreasonably withhold.