1. Introduction

• Welcome to Eden LMS e-Learning Platform by Onshift Education (RTO: 41304). These Terms of Service govern your use of our platform, including access to courses, materials, and services provided by Eden LMS. By using our platform, you agree to comply with these terms and all applicable laws.

2. Applicability

• These Terms of Service apply to all users of Eden LMS, including individual subscribers and employers. By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these terms and any applicable laws and regulations.

3. Account Creation

3.1 Eligibility

• You must be at least 18 years old or have parental/guardian consent to create an account.
• You agree to provide accurate and complete information during the registration process.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately of any unauthorized use of your account or any other security breach.

4. User Responsibilities

4.1 Conduct

• You agree to use the platform for lawful purposes only.
• You must respect the rights and privacy of other users.
• You agree not to engage in any behavior that could harm the platform or other users, including but not limited to harassment, posting offensive content, or attempting to disrupt the platform’s operations.

4.2 Plagiarism and Copyright Infringement

• You must not plagiarize or infringe upon the intellectual property rights of others. All content submitted must be original or properly cited. 

4.3 System Security

• You are responsible for maintaining the security of your system. You must not attempt to bypass or undermine the platform’s security measures.

5. Our License to You

5.1 Limited License

• We grant you a limited, non-exclusive, non-transferable license to access and use the Eden LMS platform and its content for personal or organizational educational purposes, subject to these Terms of Service.

5.2 Restrictions

• You may not modify, distribute, reproduce, or use any content from the platform for commercial purposes without our explicit permission.

5.3 Prohibited Activities

• The platform and its content are intended for personal and organizational educational use only. Commercial use or any form of profit-generating activity using the platform without prior written consent from Eden LMS is strictly prohibited.

5.4 Licensing for Commercial Use

• For commercial use inquiries, please contact us for appropriate licensing agreements.

6. Subscription Plans

6.1 Individual Plans

Work Packs Only:

• Includes a 7-day free trial with annual billing.
• Subscribers are charged on the 8th day and may request a refund within the first 14 days, provided no certificate has been issued.
• Subscribers may cancel anytime and reactivate within the paid period. 
• Student records for completed programs are retained; progress may be lost upon cancellation.

Eden Unlimited (Monthly Payment):

• Includes a 7-day free trial.
• Refund requests can be made within the first 14 days, provided no certificate has been issued.
• Subscribers are charged on the 8th day and may request a refund within the first 14 days, provided no certificate has been issued.
• Monthly payments are non-refundable after this period.
• Subscribers can cancel anytime. 
• Student records for completed programs are retained; progress may be lost upon cancellation.

Eden Unlimited (Annual Payment):

• Includes a 7-day free trial.
• Refunds can be requested within the first 30 days, provided no certificate has been issued. A 25% non-refundable service charge applies.
• Subscribers can cancel anytime. 
• Student records for completed programs are retained; progress may be lost upon cancellation.

6.2 Employer Plans

Eden Unlimited for Employers (Monthly Payment):

• Provides access to all courses for employees with a 7-day free trial.
• Refund requests can be made within the first 14 days, provided no course has been completed.
• Monthly payments are non-refundable after the 14-day cooling-off period. Access continues until the end of the billing cycle.
• Student records for completed programs are retained; progress may be lost upon cancellation.

Eden Unlimited for Employers (Annual Payment):

• Provides access to all courses for employees with a 7-day free trial.
• Refunds can be requested within the first 30 days, provided no course has been completed. A 25% service charge applies.
• Remaining credit can be used within the 12-month subscription period. Access continues until the end of the subscription period.
• Student records for completed programs are retained; progress may be lost upon cancellation.

6.3 In-Application Payments

• Fees for enrolment, RPL applications, and certificates are non-refundable once payment is made, as it indicates readiness to proceed with the program. Eden LMS will not request payment in advance for these items.

7. Refund Policy

7.1 For Individuals

Work Packs Only:

• Refunds are available within the first 14 days if no certificate has been issued. No refunds after this period.

Eden Unlimited (Monthly Payment):

• Refunds are available within the first 14 days if no certificate has been issued. Monthly payments are non-refundable after this period.

Eden Unlimited (Annual Payment):

• If no certificate has been issued, refunds are available within the first 30 days. A 25% service charge applies. The remaining credit can be used within the 12-month subscription period. 

7.2 For Employers

Monthly Payment:

• If no course has been completed, refunds are available within the first 14 days. Monthly payments are non-refundable after this period.

Annual Payment:

• If no course has been completed, refunds are available within the first 30 days. A 25% service charge applies. The remaining credit can be used within the 12-month subscription period.

7.3 In-Application Payments

• Fees for enrolment, RPL applications, and certificates are non-refundable once payment is made, as this indicates readiness to proceed with the program through to completion. Eden LMS will only prompt or encourage payment for these items if satisfactory formative learning indicators are triggered by the subscriber’s activity, indicating readiness to complete the associated summative assessment process. 

8. Termination Policy

8.1 For Individuals

Work Packs Only:

• Subscribers can terminate anytime. No refunds if a certificate has been issued during the free trial. Access continues until the end of the paid period.

Eden Unlimited (Monthly Payment):

• Subscribers can cancel anytime. No refunds for the current billing cycle. Access continues until the end of the current billing cycle.

Eden Unlimited (Annual Payment):

• Subscribers can cancel anytime. Remaining credit is retained for use within the 12-month period. Credit expires at the end of the subscription period.

8.2 For Employers

Monthly Payment:

• Employers can cancel anytime. Access continues until the end of the current billing cycle. No refunds for the current billing cycle.

Annual Payment:

• Employers can cancel anytime. Remaining credit is retained for use within the 12-month period. Credit expires at the end of the subscription period.

9. Privacy and Data Protection

9.1 Personal Information

• We collect, use, and disclose personal information in accordance with our Privacy Policy. Personal information is handled responsibly, securely, and in compliance with the Privacy Act 1988 (Cth).

9.2 Cookies and Tracking

• Our platform uses cookies to enhance user experience. Details are provided in our Privacy Policy.

10. Compliance and Certification

10.1 Evidence and Statutory Declarations

• We may request certified copies of evidence for RPL and Credit Transfer applications. Applicants may be required to sign Statutory Declarations to affirm the validity of their evidence, ensuring compliance with the Principles of Assessment.

10.2 Verification of Competence

• Verification ensures that all evidence provided is authentic, current, and aligns with required competencies.

11. Intellectual Property

11.1 Platform Content

• All content on Eden LMS is the property of Eden LMS and is protected by intellectual property laws. Unauthorized use of content is prohibited. All content on Eden LMS, including courses, materials, system design, and work products, is the property of either Eden LMS or Onshift Services. This includes all intellectual property developed or used within the platform, including system code. Unauthorized use, reproduction, downloading, or distribution of Eden LMS’s content is strictly prohibited.

11.2 Use of Submitted Content

• By submitting content such as but not limited to photos, videos, or documents, you grant Eden LMS an unlimited commercial license to use, modify, and distribute in connection with the platform’s operation or interests.

11.3 Copyright and Trademark

• All trademarks, logos, and service marks displayed on the platform are the property of their respective owners. You must not use them without the owner’s written consent. 

12. Content Management

12.1 Right to Modify

• We reserve the right to modify or discontinue any course or program offering at any time without notice. We will make reasonable efforts to inform you of significant changes affecting your subscription.

12.2 Effect on Users

• Users will not be entitled to refunds for courses discontinued after the start of their subscription period, but may receive credit towards other courses if applicable.

12.3 Third-Party Content

• Our platform may include links or access to third-party content. We do not endorse or assume responsibility for any third-party content. Interaction with third-party content is at your own risk.

13. Security

13.1 Maintain System Security

• You are responsible for maintaining the security of your own devices and systems. We implement measures to protect our platform but cannot guarantee complete security.

13.2 Data Protection

• We follow industry standards to protect your data but recommend users to also implement their own protective measures, such as using strong passwords and updating security software regularly.

14. Disclaimers

14.1 General Disclaimer

• Eden LMS is provided “as is” without warranties of any kind, either express or implied. We do not guarantee that the platform will be error-free or uninterrupted.

10.2 No Professional Advice

• The content provided on Eden LMS is for educational purposes only and does not constitute professional advice. Users should seek professional advice where applicable.

15. Limitation of Liability

15.1 Liability Cap

• For individuals our liability is limited to the unrecognised revenue balance (revenue backlog) less any non-refundable fee’s on your account from the time of first payment to the date of the event giving rise to the claim.
• For businesses, our liability is limited to the unrecognised revenue balance (revenue backlog) less any non-refundable fees on your account from the time of first payment to the date of the event giving rise to the claim. 

16. Indemnification

• You agree to indemnify and hold Eden LMS, its affiliates, officers, agents, and employees harmless from any claims, damages, liabilities, and expenses arising out of your use of the platform, your violation of these terms, or your infringement of any third-party rights.

17. Modifying or Terminating Services

• We may add, remove, or modify features of our services at any time. In the event of termination of services, users will be notified, and any applicable refunds will be handled in accordance with our Refund Policy.

18. Governing Law

• These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

19. Contact Information

• For any questions or concerns regarding these Terms of Service, please contact:

Eden LMS Pty Ltd
Phone: +61 (0)493 362 623
Email: support@eden.edu.au
Address: 2/30 Maddox Street, Alexandria, Sydney, NSW, Australia, 2015.