site_policies/3plearning_tos.txt

SITE:  3plearning_tos
URL:   https://www.3plearning.com/terms?locate=en-AU


Terms & Conditions

   Last updated 09 May, 2024

   English Espa<70>ol

The Fine Print

   This page outlines the General Conditions of access to and use of all
   3P Learning resources, online programs and related events.

Acknowledgment and acceptance of General Conditions

     * The global network of 3P Learning websites and resources, including
       but not limited to our websites and digital learning resources for
       the Mathletics, Spellodrome, Readiwriter, Reading Eggs, Mathseeds,
       Wordflyers, World Maths Day and World Education Games brands,
       together with challenge websites for national and regional events
       which may use or integrate with some of the aforementioned
       websites, as well as 3P Learning Uservoice and feedback forums
       (collectively, the Site) are owned and operated by 3P Learning Ltd
       and/or its subsidiaries and/or licensors (collectively we or us).
     * The Site refers to any and all access to 3P Learning websites and
       resources, via static or mobile devices, in either native or mobile
       application format. Your access to and use of the Site
       (collectively, your Access) is conditional on your acceptance and
       compliance with the terms, conditions, notices and disclaimers
       contained or referred to on this page (General Conditions). Your
       Access to the Site constitutes your agreement to be bound by the
       General Conditions and that agreement may be enforced by us. If you
       do not agree with any of these General Conditions, you must cease
       using the Site.
     * These General Conditions apply to all users, regardless of whether
       a licence to Access the Site has been purchased by a school /
       educational institution on behalf of students and teachers, or
       directly by a student or parent. In the case of students who are
       minors, permission must be sought by that student's school or
       parent / guardian (as applicable) before that student is provided
       with Access to the Site.
     * We reserve the right, at our discretion, to revise, amend and
       update the General Conditions at any time effective on the date of
       posting to the Site of the new and amended provisions.

Privacy

     * By agreeing to these General Conditions, you agree to the terms of
       our Privacy Policy, which is expressly incorporated herein. Before
       using the Site, please carefully review our Privacy Policy. All
       personal information provided to us as a result of your Access will
       be handled in accordance with our Privacy Policy, and by Accessing
       the Site, or allowing your child/student to Access the Site, you
       consent to the collection, storage, use and dissemination of your
       personal information in accordance with this Privacy Policy.

Ownership of content

     * The Site, including without limitation all materials displayed on
       or produced through the Site, information, text, illustrations,
       graphics, video, sound recordings, software including the code
       comprising or used to operate the Site, functions, tools, results
       derived from the use of software and tools, data collected from
       Access to the Site, names, logos and trade marks on the Site
       (collectively, Content) and the intellectual property therein
       belong to us and are protected by copyright, trade mark, trade
       secrets and other intellectual property laws unless expressly
       indicated otherwise on the Site.
     * You must not modify, copy, reproduce, republish, frame, reverse
       engineer, download onto a computer, upload to a third party, post,
       transmit or distribute this Content in any way except in accordance
       with applicable law, these General Conditions or with our express
       prior written consent.

User Generated Content

     * Certain Sites and products may allow registered users to submit
       content through, or post content on, the Site (User Generated
       Content or "UGC"). For example, audio recordings of phonemes within
       the Readiwriter Phonics product (where students repeat and record
       letter sounds within the product), or feedback about our products
       through our customer feedback forums, such as 3P Uservoice.
     * If you make any UGC available through our Site, you give us
       permission to use, copy, modify, adapt, display and distribute that
       content for the purposes of (i) you and your teacher/school
       utilising a feature or function of the relevant product or Site;
       (ii) for administrative, planning, product improvement, quality
       control and academic or research purposes relating to our products
       and services, and/or (iii) otherwise in accordance with the
       restrictions outlined in these General Conditions and in accordance
       with our privacy policy. This permission is irrevocable and without
       payment or attribution. Unless otherwise specified, by making UGC
       available through the Site, you grant us a worldwide,
       non-exclusive, perpetual, royalty free, sublicensable and
       transferable licence to use any such content in whole or in part.
       You are not giving up your ownership rights in your UGC, however,
       if you make UGC available through our Site or product, you do give
       us permission to use it in accordance with these General
       Conditions.
     * Access to audio recordings by students for the purposes of (i)
       above, is restricted to the registered user/student that recorded
       the audio and their teacher/nominated school administrator, where
       access to the product has been purchased as part of a school
       subscription, and in all cases, only behind the product login.
       Parents may access stored recordings via their child's login or
       with a parent login, when available.
     * Your name and comments, suggestions and other feedback about our
       products, made through our feedback forums including 3P Learning
       Uservoice, may be viewed by other customers and users registered to
       participate in those feedback forums. If you would prefer to submit
       feedback to us directly, please contact your account manager or at
       www.3plearning.com/contact
     * If you are going to make content available through our Site, it
       must not be offensive or inappropriate, and it must not infringe or
       violate the rights of any third party.
       We reserve the right to take down or delete any UGC at our
       discretion.

User Code of Conduct and Access Rights

     * Any user, including, students or teachers, found to be in breach of
       these General Conditions, acting in a manner that we deem to be
       inappropriate or inconsistent with the spirit of these General
       Conditions (e.g. submitting fraudulent results), or that is
       unlawful or prohibited by any laws applicable to the Site, may have
       their Access to the Site revoked.
     * You must not access or use the Site or the Content in any manner or
       for any purpose which is illegal or prohibited by any laws that
       apply to you, violates our rights in any way, or is prohibited by
       the General Conditions.
     * Users of the Site must protect their usernames and passwords from
       unauthorised use. If you suspect any unauthorized use of your
       account, please notify us immediately.
     * You must not use the Content for commercial purposes without first
       obtaining our express written authority.
     * You must take your own precautions to ensure that the process,
       which you employ for accessing the Site, does not expose you to the
       risk of viruses, malicious computer code or other forms of
       interference, which may damage your own computer system. We do not
       accept responsibility for any interference or damage to your own
       computer system or data, which arises in connection with your
       Access.
     * The Site and our Content is continuously evolving. We reserve the
       right to delete, modify, change, evolve and improve existing
       Content, including curriculum, product features and tools, at any
       time without notice or consent.
     * A paid subscription to any 3P Learning resource permits the
       subscribed user access to the resource in its native format across
       both static and mobile devices. We reserve the right to levy
       additional charges for access to resources outside of this
       limitation. In some cases, additional subscription charges may be
       levied for non-native access, premium additional content, printed
       content, mobile device access to standalone components of 3P
       Learning resources as well as special 3P Learning educational
       events or competitions.

Copyright

     * Copyright in this Site (including without limitation all content,
       text, graphics, logos, icons, sound recordings, video, software and
       downloadable / printable files, worksheets, workbooks and
       resources) is owned or licensed by us.
     * Other than for the purposes of, and subject to the conditions
       prescribed under copyright law applicable to you (for example the
       Australian Copyright Act 1968 (Cth) or similar legislation which
       applies in your location), or except as expressly authorised by
       these General Conditions, you may not in any form or by any means:
          + adapt, reproduce, communicate, store, distribute, print,
            display, perform, publish or create derivative works from any
            part of this Site; or
          + commercialise any information, products or services obtained
            from any part of this Site.
     * Reproducing resources in hard copy: Where copyright legislation in
       a location includes a remunerated scheme to permit educational
       institutions to photocopy or print any part of the Site, we (or the
       owner of the copyright material) will claim remuneration under that
       scheme where such resources (for example, but without limitation,
       our worksheets, workbooks or other resources that can be used in
       hardcopy format) are printed or photocopied by, or on behalf of,
       educational institutions (e.g. by teachers for use in the classroom
       or by students or where teachers direct students to print or
       photocopy worksheets for use by students at school). This may lead
       to an increase in the fees for educational institutions to
       participate in the relevant scheme.

Individual Licences ("Home Subscriptions")

     * Access to, and use of, 3P Learning resources is subject to our
       terms of use and privacy policy.
     * Home subscription licenses are for individual, non-commercial
       purposes. Each license provides access to the relevant resource for
       a nominated student.
     * Term of Subscription and Renewal: Home subscriptions are provided
       on an auto-renewing basis to ensure continued access to and use of
       the relevant resources. Home subscriptions have a one (1), or 12
       month minimum initial term that automatically renews for
       consecutive periods of the same length (each a renewal term) unless
       notice of cancellation is provided prior to the expiry of the
       initial term or any renewal term. We will automatically charge your
       nominated account using the payment method on file for each renewal
       term. We do not provide refunds to users who cancel part way
       through the initial term or any renewal term of a subscription
       (subject to our returns/refunds policy below). You can manage and
       make changes to your subscription by logging into your account.
     * Pricing: Fees and charges for your home subscription are detailed
       at the point of purchase. For each renewal term your payment
       details will be automatically charged the then current fees for the
       licence type you have selected, continuing on a recurring basis
       until you cancel your subscription. Promotional pricing, discounts
       and free trials only apply for the period specified and will
       commence on the purchase date unless otherwise agreed. At the end
       of the promotional period, your fees will revert to the then
       current fees for the licence type you have selected. All taxes are
       detailed in the tax invoice provided to the customer.
     * Delivery of products and services: Access to web-delivered services
       is provided immediately upon processing of payment.
     * Product access and use: Users are responsible for their own costs
       associated with accessing the product, e.g. internet usage charges,
       data costs and computer / smartphone equipment costs. It is the
       responsibility of the user to ensure their device and internet
       access is sufficient to access the relevant product.
     * Parents are able to change the year level/grade level of their
       child's course up to six times a year.
     * Customer Service / Refunds Policy: All goods/services supplied will
       be in good working order. All faulty goods will be exchanged for a
       working version at no additional cost to the client or the purchase
       price will be refunded. For Mathletics home subscriptions we offer
       a no-questions-asked 10 day money back guarantee, commencing on the
       day of purchase of the initial subscription term. No refunds will
       be offered after this time except in the event the goods/services
       are faulty and cannot be repaired or replaced, or otherwise in
       accordance with applicable statutory consumer protection laws.
     * Consumer Purchasing Information Policy: All payments are completed
       using PCI compliant payment gateways, over a secure internet
       connection using strong cryptography and security protocols.
       Digital certificates are used to maximise security when receiving
       payment information. Purchasing information provided from online
       transactions is used for cart tracking, subscription billing,
       subscription management and accounting purposes only.

School Subscriptions

     * For our school / educational institution customers (School
       Customers) that purchase licenses on behalf of students and
       teachers, we enter into additional, specific terms at the time of
       purchase (Purchase Terms). Access by the School Customer and its
       teachers and students is governed by these Purchase Terms in
       addition to our General Conditions.

Disclaimer and Limitation of Liability

     * Although we have no reason to believe that any information
       contained in this Site is inaccurate, we do not warrant the
       accuracy, adequacy or completeness of the information except where
       warranties are made non-excludable by applicable legislation.
     * We do not accept responsibility for loss suffered as a result of
       your reliance on the accuracy or currency of information contained
       in this Siteexcept where such liability is made non-excludable by
       applicable legislation. We and our directors, officers, agents,
       employees and contractors do not guarantee or warrant the Site will
       be uninterrupted, without delay, error-free, omission-free or free
       of viruses. The Content is provided "as is" without warranties of
       any kind, express or implied, including as to accuracy, timeliness
       and completeness except where warranties are made non-excludable by
       applicable legislation.
     * Neither we nor our directors, officers, agents, employees or
       contractors will be liable for any loss or damage, however arising
       (whether in negligence or otherwise), in connection with your
       Access, the Content or any omissions from the Content, except where
       liability is made non-excludable by applicable legislation.

Indemnity

     * You agree to indemnify us and our directors, officers, agents,
       employees and contractors and keep us and all of them indemnified,
       against all loss, actions, proceedings, costs, expenses (including
       legal fees), claims and damages arising from any breach by you of
       the General Conditions, or reliance by you on any information
       obtained through the Site or your Access to the Site.

Trade Marks

   Except where otherwise specified, any word or device to which the TM or
   <20> symbol is attached, is a trademark in which we claim proprietary
   rights. We also assert all our trademark rights under the common law or
   otherwise. If you use any of our trademarks in reference to our
   activities, products or services, you must include a statement
   attributing that trademark to us. You must not use any of our
   trademarks:
     * in or as the whole or part of your own trade marks;
     * in connection with activities, products or services which are not
       ours;
     * in a manner which may be confusing, misleading or deceptive;
     * in a manner that disparages us or our information, products or
       services (including this Site).

Termination

   We may terminate access to this Site at any time without notice. The
   General Conditions will nevertheless survive any such termination.

Links to Other Websites and Third Party Tools

     * The Site may contain links to third party sites (Linked Sites).
       Linked Sites are not under our control and we are not responsible
       for the content of any. We provide these hyperlinks to you as
       convenience only, and the inclusion of any link does not imply any
       endorsement of the Linked Site by us or by our directors, officers,
       agents, employees and contractors. You link to any Linked Site or
       subsequent site entirely at your own risk.
     * Neither we nor our directors, officers, agents, employees and
       contractors give any representation or warranty as to the
       reliability, accuracy or completeness of any Linked Sites or
       subsequent sites, nor do they or we accept any responsibility
       arising in any way for errors in, or omissions from any Linked
       Sites or subsequent sites.
     * Certain aspects of our Sites can be used in connection with third
       party software, applications, products and platforms ("Third Party
       Tools") and may be subject to additional terms of use between you
       and the applicable Third Party Tool provider(s).

General

     * We do not accept any liability for any failure to comply with the
       General Conditions where the failure is due to circumstances beyond
       our reasonable control.
     * Our failure to act in a particular circumstance does not waive our
       ability to act with respect to that circumstances or similar
       circumstances.
     * However, if we expressly waive any rights available to us under
       these General Conditions on one occasion, this does not mean that
       those rights will automatically be waived on any other occasion.
     * If any of the General Conditions are held to be invalid,
       unenforceable or illegal for any reason, the remaining terms and
       conditions will nevertheless continue in full force.

Cookies

   For information about the cookies we use, please refer to our cookies
   page.

Challenges and Competitions

   From time to time, we host or operate challenges and competitions
   within the Site, which may be supported by third party sponsors.
   Challenges are designed to encourage school and student participation
   in a fun and engaging online learning event. We are thrilled that so
   many students from around the world are participating in the variety of
   events we support, and encourage you all to continue to join in. These
   General Conditions, including the 3P Learning Privacy Policy, govern
   challenges and competitions, in addition to any other terms and
   conditions in place specifically for the relevant challenge or
   competition.

   The Hall of Fame or leaderboard for a challenge or competition does not
   determine the final result. After the event, we will verify all
   results. We have the right, at our complete discretion, to determine
   the final positions of all participants and the winners of all
   categories.
     * Participants who do not comply with these General Conditions, may
       be removed from the Hall of Fame or disqualified from the
       competition at any time, and we will use our complete discretion as
       to whether or not removal or disqualification occurs.
     * Students, classes and schools may be required by us to provide
       proof of age and to sign a declaration that they individually and
       collectively participated without assistance from any other person,
       software, hardware or device.
     * Any students, classes or schools intentionally misusing the Site be
       disqualified or removed from the Hall of Fame of the competition or
       challenge at any time. Examples of misuse include but are not
       limited to computer hacking of the Site, posting fraudulent
       results, using computer scripts to improve responses, scores or
       otherwise.
     * We may, at our complete discretion, remove from competition any
       students, classes and schools not participating in courses or on
       content appropriate for their age. Prizes advertised for a
       challenge or competition may be substituted, for something of
       equivalent value, as determined by us or the prize provider at our
       complete discretion.

Governing Law

   The laws in force in New South Wales, Australia, govern these General
   Conditions. You agree to submit to the exclusive jurisdiction of the
   courts in New South Wales, Australia. However, we retain the right to
   bring legal proceedings in any jurisdiction where we believe that
   infringement of these General Conditions is taking place or
   originating.

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