Terms of Services

Thank you for your interest in using the services operated by iCode Next Pty Ltd and its subsidiary KoddyBlock (“iCodeNext,” “KoddyBlock”, “we,” “us,” or “our”). You can access and use our online platform (the “Platform”) and course material, which is made available to you through our websites located at https://www.icodenext.com.au /and/or https://www.koddyblock.com/

(the “Website”).

These Terms of Service govern your use of the online platform, websites, and software provided on or in connection with https://www.icodenext.com.au and/or https://www.koddyblock.com

(collectively, the “Service”), which are offered through

(i) https://www.icodenext.com.au and/or https://www.koddyblock.com, and (ii) any other iCodeNext website, app, or online service which links to these Terms of Service.

We provide Parents (all as defined below) access to our Platform subject to the following Terms of Service. Please read these Terms of Service carefully. By clicking “Book Now,” or “Click to Enrol,” or signing up for an account, or accessing the Platform, or the course material, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Platform and the course material.

We may modify this Agreement from time to time in which case we will notify you of the changes (e.g., via the Platform or e-mail). Your continued use of the Platform and the course material after receiving notice will constitute your acceptance of the changes.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

This Agreement applies to all visitors, users, and others who access or otherwise use the Service (“you” or “Users”).

1. The Services

The Service helps its users to learn and practice various online and/or face to face courses offered by iCodeNext and its subsidiaries. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided “as-is” and that iCodeNext assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.

iCodeNext grants you a personal, non-transferable, and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software and course material. You agree not to modify the Software and its derivatives in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by iCodeNext for use in accessing the Service.

To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such a connection to the Internet, including a computer and modem or another access device.

2. Eligibility and Authority

ICODENEXT does not sell the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Service, with which you must comply.

3. Your Registration Obligations

In consideration of your use of the Service, you agree to:

(a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iCodeNext has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iCodeNext has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).

4. General Account Information

ICODENEXT sells access to the Service to a subscriber in the form of an account. Each account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions.

5. Payments, Credits, Refunds, and Cancellation

When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course or if you change your mind, iCodeNext offer no refund or credit

5.1 Pricing

In some instances, the price of a course offered on the iCodeNext website may not be exactly the same as the price offered on other channels, due to providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in because some of our promotions are available to new users only.

5.2 Payments

You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment for those fees. iCodeNext works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within five (5) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

Refunds and Credits

If the course you purchased is not what you were expecting or you change your mind, no refund is provided. However, we reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course.

5.3.1 After School Hours – Any request for refund by a registered program participant (registrant) must be received in writing via email to the contact address that is provided in your online registration receipt and registration confirmation email. Refund requests will be accepted as under:

1. A full refund is available if cancelled within 7 days of registration.
2. No refund will be paid after 7 days of registration.
3. No refund will be paid if cancelled within 14 days of the start of the course, irrespective of when the registration was confirmed.

• Holiday Tech Camp – Any request for refund by a registered program participant (registrant) must be received in writing via email to the event contact address that is provided in your online registration receipt and registration confirmation email. For fee-based events, a request for cancellation (and refund) will be accepted:

1. A full refund is available if cancelled within 7 days of registration.
2. No refund will be paid after 7 days of registration.
3. No refund will be paid if cancelled within 30 days of the start of the camp, irrespective of when the registration was confirmed.
   • Online (provided by a tutor) – Any request for refund by a registered program participant (registrant) must be received in writing via email to the contact address that is provided in your online registration receipt and registration confirmation email. Refund requests will be accepted as under:
4. A full refund is available if cancelled within 7 days of registration.
5. No refund will be paid after 7 days of registration.
6. No refund will be paid if cancelled within 14 days of the start of the camp, irrespective of when the registration was confirmed.
   • Online (self-learning) –No refund will be paid once the registration is done.

• CANCELLATION
  1. Unless otherwise specified or agreed in writing by us, all courses shall commence on the date specified by us in the order confirmation. We reserve the right to change or cancel events up to 3 business days prior to the course start date.
  2. We will use reasonable efforts to give notice of any cancellation of any course. If the course cannot be rescheduled, you may be entitled to a refund of any fee paid in respect of the cancelled services but shall not otherwise be entitled to any compensation, costs, losses, or damages arising from such cancellation.
  3. Cancellations or rescheduling of courses must be made within the specified number of business days prior to the start date of the class or the full tuition will be charged. Such days are specified in our refund policy.
  4. iCodeNext reserves the right to consider any and all requests for refunds on grounds of illness or emergency.
  5. Unless otherwise stated in the event registration information, if iCodeNext or its event partner cancels an event, all registrants will receive a full refund of fees paid (no administration charges) no later than 14 business days following the cancellation date of the event.
  6. All refunds will be made using the original form of payment and currency.
  7. iCodeNext permits early cancellations only in the following circumstances:

1. 1. 1. In the event that the Service is permanently discontinued.
      2. iCodeNext otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that iCodeNext ‘s efforts in selling, provisioning, and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.

•  End of Subscription

When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been cancelled), the account no longer permits access to the Service. It is the account-holder’s sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.

(i)if you have any queries about this policy, please contact [email protected]

6. Use of The Platform

iCodeNext is under no obligation to accept any individual or Parent and may accept or reject any registration in its sole and complete discretion. In addition, iCodeNext may deactivate any account at any time, including, without limitation, if it determines that a Parent has violated these Terms of Service.

1. Use of the platform; restrictions on use

Subject to the terms and conditions of this Agreement, iCodeNext hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform for the duration of your subscription. You will not (and will not permit any third party to):
(i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform;
(ii) modify, adapt, translate, or reproduce the Platform;
(iii) resell, distribute, or sublicense the Platform; make the Platform available on a “service bureau” basis, or otherwise authorize any third party to use or access the Platform;
(iv) remove or modify any proprietary marking or restrictive legends placed on the Platform;
(v) use the Platform, or the Content in violation of any applicable laws or for any purpose not specifically permitted in this Agreement; or
(vi) introduce into the Platform any virus, worm, “back door,” Trojan Horse, or similarly harmful code. If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the Platform, or any portion of thereof, without notice.

       2. Guidelines: By accessing and/or using the Platform, you agree to comply with the following guidelines (the “Guidelines”):

• • The Platform is available only for individuals aged 18 years or older. If you are under 18, please do not use the Platform. By access and using the Platform, you represent and warrant that you are at least 18. For the sake of clarity, there is no age restriction regarding the use of any iCodeNext games and lesson activities.
  • You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
  • You will not upload, post, e-mail, transmit or otherwise make available any content that:

• infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
• is defamatory, libellous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
• discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
• You will not impersonate any person or entity or falsely state or  otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
• You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will let us know about inappropriate content of which you become aware. If you find something that violates our Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Platform without notice, and to remove any content that does not adhere to these Guidelines.

7. Student Code; Class Code

Students will log-in to the platform provided by iCodeNext using the applicable Student Code. You are solely responsible for the confidentiality and use of your Student Codes, as well as for its use, or misuse. You will promptly inform us of any need to deactivate a Student Code. iCodeNext will not be liable for any loss or damage caused by any unauthorized use of your Student Codes.

8. Intellectual Property

The Platform contains material, such as photographs, videos, software, text, graphics, kb-images, sound recordings, iCodeNext Curriculum, and other material provided by or on behalf of iCodeNext (collectively referred to as the “Content”). The Content may be owned by us, or other third parties. The Content is protected under both Australian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement and the functionality of the Platform. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of iCodeNext (“iCodeNext Trademarks”) or its subsidiaries used and displayed on the Platform are registered and unregistered trademarks or service marks of iCodeNext. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third- Party Trademarks,” and, collectively with iCodeNext Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of iCodeNext Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

9. Communication with us:

Although we encourage you to e-mail us, we do not want you to, and you should not e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

10. No Warranties; Limitation of Liability

The platform, the website, and the content are provided on an “as is” and “as available” basis without any warranties of any kind. To the maximum extent permitted by applicable laws, we disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. You agree that you use the website, the platform, and the content at your own risk.

To the maximum extent permitted by applicable laws, in no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use, inability to use, disclosure, display, or maintenance of the platform, the website, or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

11. External Sites

a) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:

(i) your breach of this Agreement;
(ii) your access to, use, or misuse of the Content, or the Platform, and
(iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. Compliance with applicable laws.

The Website and the Platform are based in Australia. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Australia. If you access the Website, the Platform, or the Content from outside of Australia, you do so at your own risk. Whether inside or outside of Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Binding Effect

You acknowledge and agree that the terms of these Agreement are binding and that you use your best endeavours and otherwise act in good faith to carry out your obligations hereunder until such time any further Agreement is executed.

14. Governing Law and Jurisdiction

• Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia.

• Jurisdiction

Any legal action or proceedings with respect to this Agreement against any party or any of its property and assets may be brought in the Courts of New South Wales and, by execution and delivery of this Agreement, that party accepts, for itself and in respect of its property and assets, generally and unconditionally the non-exclusive jurisdiction of the Courts of that Country.

15. Assignment

You shall not transfer or assign your obligations under this agreement without the prior consent of iCodeNext Pty Ltd.

16. Severability

Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other.

17. You consent and agree that your clicking of the “Book Now” or “Click to Enrol” button constitutes your electronic signature, acceptance, and agreement. Further, you agree that no certification authority or other third-party verification is necessary to the enforceability of this agreement. At our request, any electronically signed document must be re-executed in original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of this Agreement or any amendment or other document executed in compliance with this Agreement.