1. Service Overview

ESDN Limited provides online tutoring in Science for various grade levels by delivering online classes in real time via platforms such as Zoom and Google Classroom, taught by teachers with personalised guidance tailored to student needs ("Services").

 

Our goal is to help students build confidence, improve academic performance, and develop independent learning skills.

These terms and conditions ("Terms & Conditions") constitute the agreement between ESDN Ltd and all students and their guardians ("you") who register and pay for our Services.

 

2. Services & Fees

We may communicate our fees ("Fees") to you verbally or by email in response to your enquiries. However, the definitive Fees payable will be those specified in the invoice issued to you, which will be sent at least 1 day before the end of the current term and will become due and payable in accordance with the due date stated on the invoice.

 

We reserve the right to review and adjust our Fees from time to time at our discretion. Any changes to Fees will be communicated to you in writing at least 7 days before the start of the term in which such changes take effect and will apply to future enrolments only. Full payment of our Fees must be received before the commencement of the new term for enrolment to be confirmed.

 

Our Fees are charged on a per-term basis (typically 9-11 weeks, aligned with most New Zealand school terms). Your enrolment for any subsequent term will not be confirmed, and your seat will not be secured, until all Fees have been received by us in full. We do not guarantee your place and reserve the right to suspend Services in the event of non-payment.

Partial term enrolments may be considered on a case-by-case basis, subject to availability, with Fees charged on a pro-rata basis.

 

3. Enrolment & Account Management

Before we can provide our Services to you, the student's parent or legal guardian must complete and submit the ESDN LTD Student Enrolment Form ("Enrolment Form"). The Enrolment Form must contain accurate and truthful information, including but not limited to the student's full name, current grade level, parent or guardian contact information, any relevant medical conditions or learning needs, and any other details required for effective course administration and communication.

 

You must promptly notify us in writing of any changes to the information provided in the Enrolment Form. We may, at our reasonable discretion and subject to applicable New Zealand law, modify or terminate our Services if false or misleading information is provided or if required information is not updated. Any refund arising from such termination will be determined in accordance with these Terms & Conditions and applicable law.

 

Successful enrolment will be confirmed by us only once we have received both full payment of our Fees and a completed and satisfactory Enrolment Form.

 

Upon your successful enrolment, and at least 1 calendar day before commencement of the term you registered for, we will send course details, Zoom links, and relevant resources to the email address provided in your Enrolment Form. You are responsible for keeping these details secure and for ensuring that the registered email address remains active.

 

4. Class Attendance & Leave Policy

If a student needs to take leave (for personal or medical reasons), the parent or guardian must notify us before the relevant class by email or via text message.

 

Make-up classes are normally not provided. Special circumstances may be considered if requested in advance, but any arrangement will be made at our reasonable discretion and subject to applicable New Zealand law and is not guaranteed.

 

Each student is entitled to one excused absence per term, which may be converted into a credit equal to one class fee ("Credit") to offset the subsequent term's tuition. If the student does not re-enrol, the Credit will automatically expire at the commencement of that subsequent term and cannot be refunded, transferred, or used by others.

 

Absences without prior notice will be treated as forfeiting the class, and Fees will not be refunded. Leave requests submitted after the class has started will be considered unexcused and will not qualify for Credit.

 

5. Class Access & Participation

Classes are strictly limited to enrolled students only. Parents, guardians, and other unregistered individuals are not permitted to join, audit, attend classes in place of the enrolled student, or "sit in" on any lessons under any circumstances, including when the enrolled student is unwell or unable to attend. 

 

Our teachers may require any unauthorized participant to leave the class immediately. Students and guardians must not invite, share access, or allow others to use their accounts or devices to attend classes. If any unauthorized participation is detected, we reserve the right to immediately suspend the student's access, cease providing Services to you and, at our reasonable discretion and subject to applicable New Zealand law, terminate enrolment. Any refund arising from such termination will be determined in accordance with these Terms & Conditions and applicable law.

 

6. Intellectual Property

All course content, teaching materials, handouts, assignments, lesson plans, and instructional designs are the intellectual property of our organisation and/or our teachers, protected by the Copyright Act 1994 and other applicable New Zealand laws. We grant enrolled students a limited, non-transferable, non-exclusive license to use these materials solely for their personal study purposes in connection with our Services. Except for this limited licence, no person may copy, distribute, record, screen capture, adapt, or use these materials for any purpose without our prior written authorisation. This licence automatically terminates upon completion or termination of our Services. Any unauthorised use may result in legal action.

 

Student work submitted during lessons is intended solely for teaching and learning purposes. Any display or sharing of such work will require prior consent from the student or their guardian.

 

If a submitted assignment shows signs of being completed using artificial intelligence, our teachers are authorised to use relevant detection tools for verification. Such checks are strictly limited to the assignment itself and do not involve any other personal information of the student.

 

7. Privacy & Data Protection

Our Privacy Policy, which may be updated from time to time, sets out how we handle your personal information and forms part of the service terms between you and us. Lessons are not normally recorded, and students or parents are not permitted to record or screen capture. If recording is requested under special circumstances, prior approval must be obtained from us and the teacher, and Zoom will display a recording notification. Recordings are strictly for the approved absent students and their parents and must not be forwarded, edited, or used otherwise.

 

Students and parents must not share personal information of other students or teachers without permission, nor use the teaching platforms (including Zoom and Google Classroom) for unrelated activities. Each student must use their own account and login credentials, which must not be shared.

 

8. Refund Policy

Refunds may be granted at our reasonable discretion in the following special circumstances, provided there has been no breach of these Terms & Conditions and subject to applicable New Zealand law:

1. A full refund can only be made if the refund request is made more than 3 days before the term begins.

2. Refund requests made within 3 calendar days before the start of the term will be subject to deductions for any administrative costs already incurred, including but not limited to those relating to preparation of course materials and enrolment or administrative matters.

3. Refund requests made within 7 days after the start of the term will be subject to deductions for any administrative costs already incurred, plus a proportional fee of the total Fees for classes already delivered.

4. Except where clause 8.6 (Withdrawal Due to Unforeseen Circumstances) applies, no refund will be provided after 7 days from the start of the term, subject always to any rights or remedies available under applicable New Zealand law.

5. Fees will not be refunded for absences without notice or other personal reasons (see clause 4), except where clause 8.6 applies.

 

8.6 Withdrawal Due to Unforeseen Circumstances

If a student is required to withdraw from the course during the term due to unforeseen circumstances outside the reasonable control of the student or their parent or guardian, the parent or guardian may request withdrawal by providing written notice to ESDN Ltd.

Unforeseen circumstances may include serious illness or injury, a significant family emergency, relocation, or another unexpected circumstance that reasonably prevents the student from continuing with the course. ESDN Ltd may request reasonable supporting information where appropriate.

Where a withdrawal is accepted under this provision, any refund will be calculated on a pro-rata basis for scheduled classes that have not yet been attended or delivered following the effective date of withdrawal.

No refund will be provided for:

• classes already attended or delivered;

• classes missed before the withdrawal takes effect; or

• any other classes for which the student would not otherwise have been entitled to a refund under these Terms & Conditions.

The effective date of withdrawal will normally be the date on which written notice is received by ESDN Ltd, unless a later withdrawal date is specified by the parent or guardian.

This provision is an exception to clause 8.4 and applies where genuine unforeseen circumstances prevent the student from continuing with the course. It does not apply to a change of mind, changes in personal preference, or ordinary absences from individual classes.

Any refund will be based on the proportionate value of the remaining unattended classes for the relevant term.

Requests for course changes must be submitted at least two weeks in advance, and we will use reasonable efforts to accommodate your request, subject to availability and the quality assurance of our classes but cannot guarantee that changes will be made. For the avoidance of doubt, course changes are different from requests for termination or withdrawal. If we are unable to accommodate your course change request, we may at our reasonable discretion and subject to applicable New Zealand law consider providing a Credit for future use only. No cash refunds will be provided for course requests, regardless of timing, except where required by applicable law. All refund requests remain subject to the deadlines and conditions set out in this Refund Policy above.

 

9. Code of Conduct

Students must comply with the following Code of Conduct rules at all times during their use of our Services, including but not limited to:

• Keeping cameras on to ensure the teacher can see them.

• Maintaining appropriate classroom behaviours, including but not limited to no shouting, eating, or engaging in unrelated activities during class.

• Demonstrating respect towards teachers and other students, including but not limited to using appropriate language, actively participating in class activities, following teacher instructions promptly, and not engaging in any form of harassment, bullying or disruptive behaviours.

• Completing and submitting all assignments, homework, and other required work by the deadlines set by the teacher, in the format specified, and in accordance with academic integrity standards.

Repeated violations may lead to contact with parents and potential suspension or termination of our Services, at the teacher's and our reasonable discretion and subject to applicable New Zealand law, depending on severity. We will provide written notice of any such action, except in cases of serious misconduct where immediate termination may be warranted.

 

Only enrolled students may attend and participate in classes. We reserve the right to immediately terminate enrolment if anyone other than the enrolled student (including parents) attends or participates in class on behalf of the student. Any refund arising from such termination will be determined in accordance with these Terms & Conditions and applicable law. Teachers may, at their discretion, remove any non-enrolled participants from online classes if considered appropriate.

Parents/guardians are responsible for:

1. ensuring their child's compliance with these Terms & Conditions;

2. providing appropriate supervision during online classes;

3. maintaining a suitable learning environment free from distractions;

4. ensuring the security and proper functioning of devices used for accessing our Services; and

5. promptly communicating any technical issues or concerns that may affect their child's participation.

 

10. Complaints and Feedback

We take all complaints seriously and aim to resolve them promptly and fairly. If you have any concerns about our Services:

1. Please feel free to raise the issue with anyone you trust at ESDN Ltd;

2.  If unresolved, submit your complaint in writing to ncea@esdnservices.com including relevant details and your preferred outcome; and

3. We will acknowledge receipt within 2 business days and provide an initial response within 5 business days.

 

11. Service Interruptions & Disclaimer

We will make every effort to ensure stable operation of the teaching platform. In the event that classes are suspended or cancelled due to platform failures, network issues, or force majeure (such as natural disasters, emergencies, pandemic restrictions, or government actions), we will notify you as soon as practicable and either:

1. arrange make-up classes within 30 days;

2. provide a proportional Credit; or

3. provide a proportional refund.

 

We are not responsible for absences caused by the student's own network or device issues; missed classes will not be rescheduled or refunded.

 

12. Limitation of Our Liability

Our total aggregate liability to you for all claims arising under or in connection with these Terms & Conditions or the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount of Fees paid by you in the term in which the liability arose.

 

To the maximum extent permitted by law, we exclude all liability for any indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of profits, data, or goodwill, arising from or in connection with these Terms & Conditions or the Services.

 

For the avoidance of doubt, nothing in these Terms & Conditions shall limit or exclude our liability for any liability that cannot be excluded under the Consumer Guarantees Act 1993 or other applicable laws.

 

13. Miscellaneous Matters

These Terms & Conditions shall terminate on the earlier of: (a) the date on which we suspend our Services to the student in accordance with these Terms & Conditions; (b) the date on which you provide written notice of termination in accordance with these Terms & Conditions; or (c) the last day of the relevant term for which the student has enrolled.

Termination shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination. The provisions relating to intellectual property (clause 6) and privacy & data protection (clause 7) shall survive termination.

 

We reserve the right to amend these Terms & Conditions as needed. Updates will be published on our Facebook page or communicated via official email or Google Classroom announcements and will take effect in accordance with any notice provided. Continued use of our Services after the applicable notice period constitutes acceptance of the amended terms. For material changes affecting your rights or obligations, to the extent required by law, your explicit consent will be required.

 

These Terms are governed by New Zealand law. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any disputes arising from these Terms will first be addressed through good faith negotiation. If resolution cannot be reached, the dispute shall be subject to the exclusive jurisdiction of the New Zealand courts.