1. Introduction and Acceptance

Welcome to Raise Learning Pty Ltd's online services, including our websites (www.raiselearning.com.au, www.eylftools.com.au, www.raiselearningonline.com.au) and mobile applications ("Services"). By accessing or using our Services, you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, please do not use our Services.

These Terms, along with our Privacy Policy and any other applicable agreements, govern your use of our Services.

2. Amendments to Terms

Raise Learning Pty Ltd reserves the right to modify these Terms at any time. We will provide reasonable notice of any significant changes, such as by posting a notice on our website or sending an email. Your continued use of the Services after such notice constitutes your acceptance of the revised Terms.

3. Services Provided

Raise Learning Pty Ltd provides online software services designed for early childhood education and care. These services may include, but are not limited to, data storage, communication tools, and educational resources.

4. Account Registration and Security

• You must create an account to access certain features of our Services.

• You are responsible for maintaining the confidentiality of your account credentials.  

• You are responsible for all activities that occur under your account.

• You must notify us immediately of any unauthorised use of your account.  

• You must not use another person's account without permission.

5. Acceptable Use

You agree to use our Services in a responsible and lawful manner. You must not:

• Use the Services for any illegal or harmful purpose.

• Upload or transmit any content that is unlawful, fraudulent, harmful, obscene, or that promotes violence.

• Infringe upon the intellectual property rights of others.

• Upload or transmit any malicious software or harmful code.

• Attempt to gain unauthorised access to our systems or networks.

• Impersonate another user or entity.

• Collect or store personal information about other users without their consent.

• Upload or transmit any content that is harmful to minors, exploits children, or depicts child abuse.

• Violate any applicable privacy laws, including the Australian Privacy Principles.

We reserve the right to monitor user activity and remove any content that violates these Terms. If offensive material is observed, users are able to use our reporting tools, and any offensive material will be removed within 24 hours of reporting. Any user who uploads offensive material will have their account immediately terminated.

6. Privacy and Data Protection (Australian Privacy Principles Compliance)

Raise Learning Pty Ltd is committed to protecting your privacy and complying with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth).  

• Privacy Policy: Our Privacy Policy, available at https://www.raiselearning.com.au/pages/privacy-policy outlines how we collect, use, and disclose your personal information. It also details your rights regarding your personal information. This Privacy Policy is incorporated by reference into these terms of use.

• Children's Data: We take extra care when handling children's data.

• We only collect personal information from children with the consent of their parent or guardian.

• All consent will be recorded.

• We limit the collection of children's data to what is necessary for the provided service.

• We implement robust security measures to protect children's data.

• The sharing of children’s images will only occur when explicit consent has been given by the legal parent or guardian.

• Data Breach Notification: In the event of an eligible data breach, we will comply with the Notifiable Data Breaches scheme and notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.

• We will ensure we adhere to all 13 of the Australian Privacy Principles.

7. Intellectual Property

• The services and all content (software, text, images, etc.) are the property of Raise Learning Pty Ltd, unless otherwise stated.

• We grant you a limited, non-exclusive, and non-transferable license to use our Services.

• You must not reproduce, distribute, or modify our content without our express written permission.

8. Third-Party Links

Our Services may contain links to third-party websites. We are not responsible for the content or privacy practices of these websites.  

9. Disclaimer of Warranties and Limitation of Liability

• Disclaimer: To the extent permitted by law, including the Australian Consumer Law (ACL), our Services are provided "as is" and "as available." We disclaim all warranties, express or implied, except for those guarantees provided under the ACL.

• Limitation of Liability: To the maximum extent permitted by law, including the ACL, our liability for any claim arising from your use of the Services is limited to the amount paid by you for the Services in the 12 months preceding the claim. However, nothing in these Terms excludes, restricts, or modifies any guarantee or right conferred by the ACL that cannot be excluded, restricted, or modified.

• Raise Learning Pty Ltd will take reasonable steps to ensure that all information within the services is accurate, but cannot guarantee its accuracy. Users must independently verify all critical information.

10. Payment and Refunds

• All invoices are payable within 14 days.

• We reserve the right to change pricing with reasonable notice.

• Late payments may incur a fee of 10%.

• Our refund policy complies with the Australian Consumer Law and our specific refund guidelines provided upon service aquisition.

• A 30 day cancelation notice is required before the end of the term of service.

11. Indemnification

You agree to indemnify and hold Raise Learning Pty Ltd harmless from any claims or damages arising from your use of the Services or your violation of these Terms.

12. Dispute Resolution

• These Terms are governed by the laws of Victoria, Australia.

• Any disputes will be resolved through good-faith mediation.

• If mediation fails, disputes shall be resolved in Victorian Courts.

13. General Provisions

• We may transfer our rights and obligations under these Terms.

• You may not transfer your rights and obligations without our consent.

• Any waiver of a provision must be in writing.

14. Restriction on Competitive Use

You acknowledge that Raise Learning Ltd provides specialised software services to the early childhood education and care sector. You agree not to access or use our Services, including our website and applications, for the purpose of developing, marketing, or providing products or services that directly compete with Raise Learning Pty Ltd's offerings.

Specifically, you agree not to:

• Access our Services for competitive analysis, benchmarking, or reverse engineering.

• Download or extract substantial portions of our content or data for competitive purposes, except as expressly permitted within the normal use of our services.

• Use any automated means (e.g., scraping, crawling) to access our Services for competitive purposes.

• Solicit or attempt to solicit our clients or users for competitive purposes.

If you are a competitor, or are acting on behalf of a competitor, and you access our services in violation of these terms, you agree that Raise Learning Pty Ltd may seek injunctive relief to prevent further unauthorised use, and may also seek damages for any losses incurred as a result of your actions.

This restriction does not prevent you from using our Services as a legitimate customer for your internal business needs, unrelated to the development or marketing of competing products or services

14. Contact Information

If you have any questions or concerns, please contact us at:

The Chief Operating Officer

Raise Learning Pty Ltd Pty Ltd

102 Willsmere Road

Australia

or email info@raiselearning.com.au 

15. Date of last update.

This Terms of Use document was last updated on: 6 April 2025