TERMS AND CONDITIONS

Last Updated: 6 October 2026

Business Name: Kyndeler

Website URL: kyndeler.com.au

Contact Email: support@kyndeler.com.au

Operated By: Kyndeler (ABN: 61 894 663 508)

Website: kyndeler.com.au

Welcome to our website. This website is owned and operated by Kyndeler (ABN: 61 894 663 508). Throughout this document, the terms “we”, “us”, and “our” refer to Kyndeler. The terms “you”, “user”, “visitor”, and “customer” refer to any individual accessing our website, using our free content, or purchasing digital products and services.

By browsing, accessing, or using this website, or by purchasing any products or services from us, you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. If you do not agree with any part of these Terms, you must cease using this website immediately.

1. GENERAL WEBSITE USE & FREE RESOURCES

1.1 Permitted Use

This website provides educational resources, information, learning activities, and digital content. We grant you a revocable, non-exclusive, non-transferable license to access and use our free website materials strictly for personal, non-commercial, or single-classroom educational purposes.

1.2 Intellectual Property Rights

All original content, text, graphics, logos, images, layout, downloadable educational activities, and software on this website are owned by or licensed to us and are protected by Australian copyright laws (Copyright Act 1968 (Cth)) and international intellectual property treaties.

1.3 Anti-Scraping, Automated Data Collection & Website Security

You must not use this website, its infrastructure, or its content for any unlawful or unauthorized purpose. Specifically, you agree that you will not:

  • Data Mining & Scraping: Use any automated crawler, spider, scraper, robot, site search/retrieval tool, or manual process to extract, data-mine, screen-scrape, or index any portion of the website or its contents without our express prior written authorization.
  • Unauthorized Reproduction: Harvest or extract downloadable materials, math activities, or content for inclusion in third-party websites, AI training datasets, or external databases.
  • Interference: Circumvent, disable, or interfere with security-related features of the website, or attempt to upload viruses or malicious code that impairs site performance or availability.

1.4 Disclaimer on Educational Content

The free information, activities, entertainment and educational content on this website are provided for general educational and entertainment purposes only. While we make every effort to maintain accuracy:

  • We do not guarantee specific educational, academic, or learning outcomes from using our materials.
  • Your use of any free information or resource on this website is entirely at your own risk.
  • The bulk of the educational material on this website and available in the Shop of this website is according to Australian conventions. By placing an order or using the material you agree that you are aware of this.
  • You agree to use your own discretion and judgement when deciding whether a particular material, activity or product on this website or available through this website is appropriate for yourself or your students, including whether it is appropriate for particular age groups or grades.

2. DIGITAL PRODUCTS, PURCHASES & ORDERS

2.1 E-Commerce Operations

We offer downloadable digital books, booklets, project guides, and paid educational materials via our online shop using WooCommerce and integrated payment processors. By placing an order, you confirm that you are at least 18 years old or accessing the site under the supervision of a parent or guardian.

2.2 Pricing, Currency, and GST

  • All prices on the website are displayed in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable, unless explicitly stated otherwise.
  • We reserve the right to modify product prices or discontinue items at any time without prior notice. Price changes will not affect orders that have already been completed and confirmed.

2.3 Payment Terms & Third-Party Accounting (Xero / MYOB)

  • Payment for website orders must be made in full at checkout via our available WooCommerce payment gateways.
  • For custom orders, institutional purchases, or direct client billings, invoices may be issued via third-party cloud accounting services (such as Xero or MYOB).
  • Invoices sent via Xero or MYOB carry payment terms specified on the invoice (typically payment due prior to granting digital download links or dispatching materials). You are responsible for ensuring accurate billing details are provided.

2.4 License to Purchased Digital Content

When you purchase and download a digital product (e.g., PDF books, booklets, or project packs):

  • We grant you a limited, personal, non-exclusive, non-transferable license to download, view, and print the digital product solely for your personal use or direct classroom educational use.
  • You do not acquire copyright ownership of the product or its contents.

2.5 Anti-Counterfeiting, Anti-Piracy & Unauthorized Redistribution

  • No Reselling or Re-branding: You are strictly prohibited from modifying, copying, adapting, re-branding, sublicensing, or creating derivative works from our digital products for commercial resale or redistribution.
  • No File-Sharing or Public Hosting: You must not upload, share, or store purchased digital files on public cloud drives, torrent sites, social media groups, file-sharing platforms, or shared institutional network drives accessible by unauthorized third parties.
  • Enforcement: We reserve the right to apply visible or invisible digital watermarks or tracking metadata to downloadable files. Any unauthorized file sharing or counterfeiting will result in immediate termination of your download license without refund and may subject you to civil liability under Australian copyright law.

2.6 Homeschooling Consulting Services – Advisory & Educational Disclaimer:

  • Advisory Disclaimer: Homeschooling consultations provided by Kyndeler are intended strictly for general educational guidance, discussion, and informational support. We do not provide formal legal, educational accreditation, or state registration guarantees. You remain solely responsible for ensuring your homeschooling approach meets the specific curriculum, legal, and registration requirements of your local state or territory educational authority.
  • Booking, Payment & Cancellations: Initial 15-minute introductory consultations are provided free of charge. Full payment is required upfront at the time of booking to secure all subsequent paid consulting sessions. For scheduled consultations, requests to reschedule or cancel must be communicated via email at least 24 hours prior to the scheduled meeting time. Cancellations made within 24 hours of the session, or failure to attend without notice, are non-refundable.

3. REFUNDS, CANCELLATIONS & AUSTRALIAN CONSUMER LAW

3.1 Consumer Guarantees Under the ACL

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms attempts to exclude, restrict, or modify any non-excludable statutory rights or consumer guarantees you hold under Australian law.

3.2 Digital Download Refund Policy

  • Change of Mind: Under the ACL, businesses are not required to provide a refund for simple “change of mind”. Due to the immediate, non-returnable nature of downloadable digital content, we do not offer refunds or exchanges if you change your mind after purchasing or downloading a file.
  • Major Defect / Faulty Downloads: If a downloadable digital file is corrupt, damaged, unreadable, incorrectly described, or suffers from a major failure under the ACL: Please contact us promptly at support@kyndeler.com.au with your order details and a description of the issue.
  • If we cannot fix or supply a working copy of the digital file within a reasonable time, you are entitled to a full refund or replacement in accordance with your ACL rights.

4. LIMITATION OF LIABILITY & THIRD-PARTY LINKS

4.1 Limitation of Liability

To the extent permitted by Australian law:

  • Our total aggregate liability for any loss, claim, or damage arising out of or in connection with these Terms, website access, or purchased products shall be limited, at our election, to either:
    1. The resupply of the digital product or service; or
    2. The refund of the amount actually paid by you for the specific product or service in question.
  • We are not liable for indirect, incidental, or consequential loss, or for disruptions to your website access caused by factors beyond our reasonable control (e.g., internet outages or payment provider server downtime).

4.2 External Links & Embedded Applications

This website may contain links to external third-party websites or services (including WooCommerce payment gateways, Xero, MYOB, or social media links). We do not control these third parties and are not responsible for their content, privacy policies, or security practices.

5. UNFAIR CONTRACT TERMS PROTECTION & SEVERABILITY

In accordance with Australian Unfair Contract Terms (UCT) laws:

  • These Terms are designed to balance the rights and obligations of both parties fairly.
  • If any provision or clause of these Terms is found to be invalid, illegal, or unenforceable by an Australian court, that specific provision shall be severed, and the remaining provisions shall continue in full force and effect.

6. GOVERNING LAW & JURISDICTION

These Terms are governed by and construed in accordance with the laws of Australia and the State of New South Wales. You submit to the non-exclusive jurisdiction of the courts of that State and the Federal Court of Australia to resolve any disputes arising under or in connection with these Terms.

7. AMENDMENTS TO TERMS

We reserve the right to update or modify these Terms from time to time to reflect changes in our business operations or relevant Australian legal requirements. Updated versions will be posted on this page with an updated “Last Updated” date. Your continued use of the website following any changes constitutes acceptance of the updated Terms.

8. CONTACT INFORMATION

For any questions, product issues, or legal inquiries regarding these Terms and Conditions, please contact us at:

  • Business Name: KYNDELER
  • ABN: 61894663508
  • Email: support@kyndeler.com.au
  • This website is operated by Kyndeler (ABN: 61894663508).