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Policies have been updated for the following sites: 

seesaw_tos                         https://web.seesaw.me/terms-of-service
seesaw_privacy                     https://web.seesaw.me/privacy-policy
languagenut_tos                    https://www.languagenut.com/en-au/terms/
languagenut_privacy                https://www.languagenut.com/en-au/privacy-policy/
acer_tos                           https://www.acer.org/online-terms-of-use
acer_privacy                       https://www.acer.org/privacy
3plearning_tos                     https://www.3plearning.com/terms?locate=en-AU
3plearning_privacy                 https://www.3plearning.com/privacy?locate=en-AU
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@ -2,127 +2,391 @@ SITE: 3plearning_tos
URL: https://www.3plearning.com/terms?locate=en-AU URL: https://www.3plearning.com/terms?locate=en-AU
Last updated 09 May, 2024 Terms & Conditions
Last updated 09 May, 2024
English
Español English Español
The Fine Print The Fine Print
This page outlines the General Conditions of access to and use of all 3P Learning resources, online programs and related events.
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 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 * The global network of 3P Learning websites and resources, including
, but not limited to our websites and digital learning resources for
Spellodrome the Mathletics, Spellodrome, Readiwriter, Reading Eggs, Mathseeds,
, Wordflyers, World Maths Day and World Education Games brands,
Readiwriter together with challenge websites for national and regional events
, which may use or integrate with some of the aforementioned
Reading Eggs websites, as well as 3P Learning Uservoice and feedback forums
, (collectively, the Site) are owned and operated by 3P Learning Ltd
Mathseeds and/or its subsidiaries and/or licensors (collectively we or us).
, * The Site refers to any and all access to 3P Learning websites and
Wordflyers, resources, via static or mobile devices, in either native or mobile
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). application format. Your access to and use of the Site
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. (collectively, your Access) is conditional on your acceptance and
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. compliance with the terms, conditions, notices and disclaimers
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. 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 Privacy
By agreeing to these General Conditions, you agree to the terms of our
Privacy Policy * By agreeing to these General Conditions, you agree to the terms of
, which is expressly incorporated herein. Before using the Site, please carefully review our  our Privacy Policy, which is expressly incorporated herein. Before
Privacy Policy using the Site, please carefully review our Privacy Policy. All
. All personal information provided to us as a result of your Access will be handled in accordance with our  personal information provided to us as a result of your Access will
Privacy Policy be handled in accordance with our Privacy Policy, and by Accessing
, 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  the Site, or allowing your child/student to Access the Site, you
Privacy Policy consent to the collection, storage, use and dissemination of your
. personal information in accordance with this Privacy Policy.
Ownership of content 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. * 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 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. * Certain Sites and products may allow registered users to submit
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. content through, or post content on, the Site (User Generated
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  Content or "UGC"). For example, audio recordings of phonemes within
www.3plearning.com/contact the Readiwriter Phonics product (where students repeat and record
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. letter sounds within the product), or feedback about our products
We reserve the right to take down or delete any UGC at our discretion. through our customer feedback forums, such as 3P Uservoice.
User Code of Conduct and Access  Rights * If you make any UGC available through our Site, you give us
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. permission to use, copy, modify, adapt, display and distribute that
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. content for the purposes of (i) you and your teacher/school
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. utilising a feature or function of the relevant product or Site;
You must not use the Content for commercial purposes without first obtaining our express written authority. (ii) for administrative, planning, product improvement, quality
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. control and academic or research purposes relating to our products
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. and services, and/or (iii) otherwise in accordance with the
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. 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
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: * Copyright in this Site (including without limitation all content,
adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or text, graphics, logos, icons, sound recordings, video, software and
commercialise any information, products or services obtained from any part of this Site. downloadable / printable files, worksheets, workbooks and
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. resources) is owned or licensed by us.
Individual Licences (“Home Subscriptions”) * Other than for the purposes of, and subject to the conditions
Access to, and use of, 3P Learning resources is subject to our terms of use and privacy policy. prescribed under copyright law applicable to you (for example the
Home subscription licenses are for individual, non-commercial purposes. Each license provides access to the relevant resource for a nominated student. Australian Copyright Act 1968 (Cth) or similar legislation which
Term of Subscription and Renewal:  applies in your location), or except as expressly authorised by
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. these General Conditions, you may not in any form or by any means:
Pricing: + adapt, reproduce, communicate, store, distribute, print,
  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. display, perform, publish or create derivative works from any
Delivery of products and services: part of this Site; or
  Access to web-delivered services is provided immediately upon processing of payment. + commercialise any information, products or services obtained
Product access and use: from any part of this Site.
  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. * Reproducing resources in hard copy: Where copyright legislation in
Parents are able to change the year level/grade level of their child’s course up to six times a year. a location includes a remunerated scheme to permit educational
Customer Service / Refunds Policy: institutions to photocopy or print any part of the Site, we (or the
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. owner of the copyright material) will claim remuneration under that
Consumer Purchasing Information Policy: scheme where such resources (for example, but without limitation,
 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. 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 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.
* 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 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 Site except 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. * Although we have no reason to believe that any information
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. 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 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.
* 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 Trade Marks
Except where otherwise specified, any word or device to which the TM or ® 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; Except where otherwise specified, any word or device to which the TM or
in connection with activities, products or services which are not ours; ® symbol is attached, is a trademark in which we claim proprietary
in a manner which may be confusing, misleading or deceptive; rights. We also assert all our trademark rights under the common law or
in a manner that disparages us or our information, products or services (including this Site). 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 Termination
We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such 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 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. * The Site may contain links to third party sites (Linked 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). 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 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. * We do not accept any liability for any failure to comply with the
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. General Conditions where the failure is due to circumstances beyond
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. 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 Cookies
For information about the cookies we use, please refer to our 
cookies page For information about the cookies we use, please refer to our cookies
. page.
Challenges and Competitions 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 From time to time, we host or operate challenges and competitions
, govern challenges and competitions, in addition to any other terms and conditions in place specifically for the relevant challenge or competition. within the Site, which may be supported by third party sponsors.
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. Challenges are designed to encourage school and student participation
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. in a fun and engaging online learning event. We are thrilled that so
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. many students from around the world are participating in the variety of
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. events we support, and encourage you all to continue to join in. These
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. 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 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.
The laws in force in New South Wales, Australia, govern these General
Conditions. You agree to submit to the exclusive jurisdiction of the
Skip to 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.
Skip to

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@ -3,111 +3,283 @@ URL: https://www.acer.org/privacy
Privacy Policies and Legal Disclaimers Privacy Policies and Legal Disclaimers
ACER and your personal information ACER and your personal information
This is our Privacy Policy which sets out under the Australian Privacy Act 1988:
What personal information The Australian Council for Educational Research Ltd (collectively, ACER, we, our or us) collect about you; This is our Privacy Policy which sets out under the Australian Privacy
how we collect your personal information, how we hold it, how we use it and who we disclose it to; Act 1988:
what information we may collect from you when you use our website or an ACER product or service; and * What personal information The Australian Council for Educational
how you may access and seek correction of your personal information or complain about a breach of your privacy.  Research Ltd (collectively, ACER, we, our or us) collect about you;
Where the General Data Protection Regulation 2016/679 (implemented within the United Kingdom by its Data Protection Act 2018) (GDPR) is applicable to any personal information collected by us the following notice * how we collect your personal information, how we hold it, how we
https://www.acer.org/gb/privacy-policy use it and who we disclose it to;
sets out our obligations and your rights. * what information we may collect from you when you use our website
This Privacy Policy may be amended from time to time if our practices change. or an ACER product or service; and
On our website, you may find links to other websites not operated by us.  This Privacy Policy does not apply to them – always check the Privacy Policy of any other website you enter. * how you may access and seek correction of your personal information
You can navigate separate sections of this Privacy Policy through the links below. or complain about a breach of your privacy.
1. 
What kinds of personal information do we collect and how? Where the General Data Protection Regulation 2016/679 (implemented
2.  within the United Kingdom by its Data Protection Act 2018) (GDPR) is
What is our approach to collecting personal information about children? applicable to any personal information collected by us the following
3.  notice https://www.acer.org/gb/privacy-policy sets out our obligations
When do we collect your personal information? and your rights.
4. 
Why do we collect the information and how do we use or disclose it? This Privacy Policy may be amended from time to time if our practices
5.  change.
Can you choose to remain anonymous?
6.  On our website, you may find links to other websites not operated by
How can you request not to receive direct marketing? us. This Privacy Policy does not apply to them - always check the
7.  Privacy Policy of any other website you enter.
Who do we disclose your personal information to?
8.  You can navigate separate sections of this Privacy Policy through the
Do we disclose your information overseas? links below.
9. 
How do we hold your personal information and keep it secure? 1. What kinds of personal information do we collect and how?
10. 
How can you seek access to, and correction of your information? 2. What is our approach to collecting personal information about
11.  children?
How can you seek further information or complain about a breach of your privacy?
3. When do we collect your personal information?
4. Why do we collect the information and how do we use or disclose it?
5. Can you choose to remain anonymous?
6. How can you request not to receive direct marketing?
7. Who do we disclose your personal information to?
8. Do we disclose your information overseas?
9. How do we hold your personal information and keep it secure?
10. How can you seek access to, and correction of your information?
11. How can you seek further information or complain about a breach of
your privacy?
What kinds of personal information do we collect and how? What kinds of personal information do we collect and how?
The personal information we collect depends on your relationship with us – whether you are a client, a candidate or a prospective employee – and the product or service we are delivering.  It may include:
your contact details, photograph and personal preferences (such as name, address, email address, phone number and dietary requirements); The personal information we collect depends on your relationship with
your website registration and login information; us - whether you are a client, a candidate or a prospective employee -
your payment details (such as credit card details); and the product or service we are delivering. It may include:
your employment history and qualifications; * your contact details, photograph and personal preferences (such as
government-related identifiers and information (such as student number, working with children details and police checks); and name, address, email address, phone number and dietary
your testimonials, feedback and complaints. requirements);
Sometimes we may also collect sensitive information about you.  This may happen, for example, through surveys we conduct or when you sit tests, and may include your race and religious beliefs and your health information (such as whether you have any disability or medical condition and require special testing accommodations).  We will only collect sensitive information from you or about you with your consent unless otherwise required or authorised by law. * your website registration and login information;
By supplying sensitive information about yourself or on behalf of your child, you will be taken to have given your consent to our collection of that information.  When we obtain such information from a third party (such as through a school or institution at which you or your child studies), we will usually enlist that third party to obtain consent from you if that is required. * your payment details (such as credit card details);
* your employment history and qualifications;
* government-related identifiers and information (such as student
number, working with children details and police checks); and
* your testimonials, feedback and complaints.
Sometimes we may also collect sensitive information about you. This
may happen, for example, through surveys we conduct or when you sit
tests, and may include your race and religious beliefs and your health
information (such as whether you have any disability or medical
condition and require special testing accommodations). We will only
collect sensitive information from you or about you with your consent
unless otherwise required or authorised by law.
By supplying sensitive information about yourself or on behalf of your
child, you will be taken to have given your consent to our collection
of that information. When we obtain such information from a third
party (such as through a school or institution at which you or your
child studies), we will usually enlist that third party to obtain
consent from you if that is required.
What is our approach to collecting personal information about children? What is our approach to collecting personal information about children?
We collect information about children who, for example, sit assessments at schools to whom we provide our services, participate in our surveys or participate in other research projects.  Whether a child has the capacity to make his or her own privacy decisions is assessed by us on a case by case basis, having regard to factors such as their age and circumstances.  In general, a person over 15 years will have the capacity to make his or her own privacy decisions.
For children who are under 15 years old, or who otherwise do not have capacity to make these decisions for themselves, or where we cannot make an assessment of their capacity, ACER will refer or deal with requests for access, consent and notices in relation to personal information to the parent and/or guardian or relevant school or institution.  We will treat consent given by a parent and/or guardian as consent given on behalf of the child, and notices to the relevant school or other institution or parent and/or guardian will act as notice given to the child. We collect information about children who, for example, sit assessments
at schools to whom we provide our services, participate in our surveys
or participate in other research projects. Whether a child has the
capacity to make his or her own privacy decisions is assessed by us on
a case by case basis, having regard to factors such as their age and
circumstances. In general, a person over 15 years will have the
capacity to make his or her own privacy decisions.
For children who are under 15 years old, or who otherwise do not have
capacity to make these decisions for themselves, or where we cannot
make an assessment of their capacity, ACER will refer or deal with
requests for access, consent and notices in relation to personal
information to the parent and/or guardian or relevant school or
institution. We will treat consent given by a parent and/or guardian
as consent given on behalf of the child, and notices to the relevant
school or other institution or parent and/or guardian will act as
notice given to the child.
When do we collect your personal information? When do we collect your personal information?
We may collect your personal information when you contact us, purchase or use our products or services (including when you sit a test or participate in a survey or other research), register with us online, participate in our online discussion boards or enter our competitions, contribute to one of our social media pages (such as Twitter, LinkedIn, Vimeo and Facebook), attend an ACER event, apply for a job with us, provide services to us or make a donation through the ACER Foundation.
Given the nature of our products and services, we often collect personal information about you from third parties, such as the school or educational institution that you (or your child) attends.  We may also collect information through secure web based application systems if you do certain assessments, and from other third parties where you have agreed with them that your information may be disclosed. We may collect your personal information when you contact us, purchase
or use our products or services (including when you sit a test or
participate in a survey or other research), register with us online,
participate in our online discussion boards or enter our competitions,
contribute to one of our social media pages (such as Twitter, LinkedIn,
Vimeo and Facebook), attend an ACER event, apply for a job with us,
provide services to us or make a donation through the ACER Foundation.
Given the nature of our products and services, we often collect
personal information about you from third parties, such as the school
or educational institution that you (or your child) attends. We may
also collect information through secure web based application systems
if you do certain assessments, and from other third parties where you
have agreed with them that your information may be disclosed.
Why do we collect the information and how do we use or disclose it? Why do we collect the information and how do we use or disclose it?
We collect, hold, use and disclose your personal information:
to deliver our educational research and learning products and services (including our consultancy services and professional development programs, such as testing, assessments and training); We collect, hold, use and disclose your personal information:
to publish educational material; * to deliver our educational research and learning products and
to conduct our retail activities (including through our website); services (including our consultancy services and professional
to operate and manage the ACER Foundation and ACER Cunningham Library; development programs, such as testing, assessments and training);
to develop and enhance our products and services; * to publish educational material;
to conduct research and plan and develop our product strategies; * to conduct our retail activities (including through our website);
to provide and operate our competitions, events and promotions; * to operate and manage the ACER Foundation and ACER Cunningham
to market and promote our products and services; and Library;
to comply with our legal obligations. * to develop and enhance our products and services;
* to conduct research and plan and develop our product strategies;
* to provide and operate our competitions, events and promotions;
* to market and promote our products and services; and
* to comply with our legal obligations.
Can you choose to remain anonymous? Can you choose to remain anonymous?
You may elect not to identify yourself or you may use a pseudonym in your dealings with us, except where it is impracticable for us to deal with you on this basis (for example, we will need to identify you in order to provide most of our products and services).  You can always choose not to give us your information or remain anonymous, but if you do we may not be able to provide you (or our client) with the products and services that you (or they) have asked for.
You may elect not to identify yourself or you may use a pseudonym in
your dealings with us, except where it is impracticable for us to deal
with you on this basis (for example, we will need to identify you in
order to provide most of our products and services). You can always
choose not to give us your information or remain anonymous, but if you
do we may not be able to provide you (or our client) with the products
and services that you (or they) have asked for.
How can you request not to receive direct marketing? How can you request not to receive direct marketing?
You may ask us at any time to stop sending you direct marketing information or to stop being contacted by or on our behalf, in a particular way or at all.  You can do this by calling us on  +61 3 9277 5555 or
by contacting us via our website You may ask us at any time to stop sending you direct marketing
. information or to stop being contacted by or on our behalf, in a
particular way or at all. You can do this by calling us on +61 3 9277
5555 or by contacting us via our website.
Who do we disclose your personal information to? Who do we disclose your personal information to?
We may disclose your personal information (including, in certain limited circumstances, your sensitive information):
to schools, educational institutions, psychologists, HR practitioners and other third parties who have contracted with us for the provision of our products and services.  For example, if you are a candidate for an ACER scholarship test, we will supply your test results to those schools to which you have applied for a scholarship; We may disclose your personal information (including, in certain
to entities who assist us in providing and administering our products and services and our events and promotions (including hosting, data storage, payment systems, printing and scanning providers and debt collectors);  limited circumstances, your sensitive information):
to companies that promote and market, or conduct research to help us improve and target, our products and services; * to schools, educational institutions, psychologists, HR
to social media sites on which we have a presence; practitioners and other third parties who have contracted with us
where we are required to do so by law, or to government agencies, or individuals appointed by government, responsible for investigating and resolving disputes or complaints concerning our products or services. for the provision of our products and services. For example, if
When you enter into a competition we are running or participate in a sponsored event, we may seek, as a condition of entry, consent to pass your information to a promoter or sponsor of the competition or event.  If we do this, we will notify you at the time of entering into the competition or event with us. you are a candidate for an ACER scholarship test, we will supply
your test results to those schools to which you have applied for a
scholarship;
* to entities who assist us in providing and administering our
products and services and our events and promotions (including
hosting, data storage, payment systems, printing and scanning
providers and debt collectors);
* to companies that promote and market, or conduct research to help
us improve and target, our products and services;
* to social media sites on which we have a presence;
* where we are required to do so by law, or to government agencies,
or individuals appointed by government, responsible for
investigating and resolving disputes or complaints concerning our
products or services.
When you enter into a competition we are running or participate in a
sponsored event, we may seek, as a condition of entry, consent to pass
your information to a promoter or sponsor of the competition or event.
If we do this, we will notify you at the time of entering into the
competition or event with us.
Do we disclose your information overseas? Do we disclose your information overseas?
We may disclose your personal information:
to our related bodies corporate located overseas (including in India and the UK) to assist us in delivering our products and services; and We may disclose your personal information:
to overseas educational institutions (including schools and universities) and other organisations or bodies (including government agencies) who are our clients and to whom we need to provide your personal information in order to deliver our products and services. * to our related bodies corporate located overseas (including in
India and the UK) to assist us in delivering our products and
services; and
* to overseas educational institutions (including schools and
universities) and other organisations or bodies (including
government agencies) who are our clients and to whom we need to
provide your personal information in order to deliver our products
and services.
How do we hold your personal information and keep it secure? How do we hold your personal information and keep it secure?
We hold your personal information in a combination of electronic and hard copy files.  We may store your personal information with one or more third party data storage providers. 
We may combine personal information we receive about you with other information we hold about you.  This includes information received from third parties.  Where reasonably practicable, we will de-identify personal information we collect from studies we carry out as part of our research activities.  We hold your personal information in a combination of electronic and
We take all reasonable steps to ensure that the personal information we hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure by the use of various methods, including password protection and secure storage.  Where we store your personal information with a third party data storage provider, we require them to keep it secure and only use or disclose it for the purpose for which it was provided. hard copy files. We may store your personal information with one or
Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information that we hold. more third party data storage providers.
We may combine personal information we receive about you with other
information we hold about you. This includes information received from
third parties. Where reasonably practicable, we will de-identify
personal information we collect from studies we carry out as part of
our research activities.
We take all reasonable steps to ensure that the personal information we
hold is protected from misuse, interference and loss, and unauthorised
access, modification or disclosure by the use of various methods,
including password protection and secure storage. Where we store your
personal information with a third party data storage provider, we
require them to keep it secure and only use or disclose it for the
purpose for which it was provided.
Please contact us immediately if you become aware or have reason to
believe there has been any unauthorised use of your personal
information that we hold.
How can you seek access to, and correction of your information? How can you seek access to, and correction of your information?
You may request access to your personal information by writing to us or contacting us at any time at the details below.  We will need to verify your identity before we can give you access.  We will promptly acknowledge receipt, and we will endeavour to deal with and respond to your request within a reasonable time (usually within two weeks). 
In certain circumstances, we are permitted by law to refuse access to your personal information (such as where providing access would have an unreasonable impact upon the privacy of other individuals, or would reveal our test scoring processes or other commercially sensitive information).  You may request access to your personal information by writing to us or
In such cases, we will give you a written explanation for our decision (including, where applicable, an alternative means of access to the information, such as supervised inspection), and how you can complain if you are not satisfied with our decision. contacting us at any time at the details below. We will need to verify
You will not be charged for making a request for your personal information.  However, we may charge a fee to provide your information to cover administrative costs (including for supervised inspection).  We will inform you of any fee at the time your request is made. your identity before we can give you access. We will promptly
If you think that any personal information we hold about you is inaccurate, incomplete, out-of-date or irrelevant, you may ask us to correct it.  We will take reasonable steps to correct it unless we disagree with your reasons.  If we refuse to correct your personal information we will give you a written explanation why. acknowledge receipt, and we will endeavour to deal with and respond to
How can you seek further information or complain about a breach of your privacy? your request within a reasonable time (usually within two weeks).
If you have any questions about this Privacy Policy or consider that we have breached your privacy, you can contact us at:
The Manager Legal and Corporate Services In certain circumstances, we are permitted by law to refuse access to
The Australian Council for Educational Research Limited your personal information (such as where providing access would have an
19 Prospect Hill Road unreasonable impact upon the privacy of other individuals, or would
Camberwell  Victoria  3124 reveal our test scoring processes or other commercially sensitive
Australia information).
Email: 
david.noga@acer.edu.au In such cases, we will give you a written explanation for our decision
  (including, where applicable, an alternative means of access to the
Telephone: +61 3 9277 5555 information, such as supervised inspection), and how you can complain
We will investigate any complaint, and notify you of our decision in relation to the complaint, as soon as practicable after it is received.   if you are not satisfied with our decision.
If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Office of the Australian Information Commissioner:
GPO Box 5218 You will not be charged for making a request for your personal
Sydney NSW 2001 information. However, we may charge a fee to provide your information
Tel: 1300 363 992 to cover administrative costs (including for supervised inspection).
www.oaic.gov.au We will inform you of any fee at the time your request is made.
If you think that any personal information we hold about you is
inaccurate, incomplete, out-of-date or irrelevant, you may ask us to
correct it. We will take reasonable steps to correct it unless we
disagree with your reasons. If we refuse to correct your personal
information we will give you a written explanation why.
How can you seek further information or complain about a breach of your
privacy?
If you have any questions about this Privacy Policy or consider that we
have breached your privacy, you can contact us at:
The Manager Legal and Corporate Services
The Australian Council for Educational Research Limited
19 Prospect Hill Road
Camberwell Victoria 3124
Australia
Email: david.noga@acer.edu.au
Telephone: +61 3 9277 5555
We will investigate any complaint, and notify you of our decision in
relation to the complaint, as soon as practicable after it is received.
If we are unable to satisfactorily resolve your concerns about our
handling of your personal information, you can contact the Office of
the Australian Information Commissioner:
GPO Box 5218
Sydney NSW 2001
Tel: 1300 363 992
www.oaic.gov.au
Contact us Contact us

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@ -2,131 +2,430 @@ SITE: acer_tos
URL: https://www.acer.org/online-terms-of-use URL: https://www.acer.org/online-terms-of-use
Legal agreement Legal agreement
These terms and conditions (which constitute a legal agreement) apply to the use of any ACER website including:
the use of the information services offered on such web sites; and These terms and conditions (which constitute a legal agreement) apply
participation in any ACER instigated discussion forums. to the use of any ACER website including:
By continuing to use any ACER website or participating in any ACER instigated discussion forums, YOU AGREE TO: 1. the use of the information services offered on such web sites; and
BE BOUND by: 2. participation in any ACER instigated discussion forums.
these terms and conditions;
any terms and condition specific to any particular ACER website or ACER instigated discussion forum; and By continuing to use any ACER website or participating in any ACER
ACER reserving the right to change or amend these terms and conditions from time to time and that you will update yourself by re-familiarising with these terms and conditions upon each access. Your continued use of ACER websites or ACER instigated discussion forum signifies your agreement to any amended terms and conditions. instigated discussion forums, YOU AGREE TO:
Should you NOT ACCEPT these terms and conditions, you MUST refrain from using this web site and discussion forum. 1. BE BOUND by:
FURTHER, YOU AGREE + these terms and conditions;
, in respect of ACER Information services and online communities: + any terms and condition specific to any particular ACER
that all information provided by ACER through its websites and online communities is provided: website or ACER instigated discussion forum; and
under these terms and conditions; and 2. ACER reserving the right to change or amend these terms and
in good faith. conditions from time to time and that you will update yourself by
ACER: re-familiarising with these terms and conditions upon each access.
derives all information provided by ACER through its websites and online communities from sources which it believes to be accurate and up to date as at the date of publication; Your continued use of ACER websites or ACER instigated discussion
RESERVES the right to update this information at any time: forum signifies your agreement to any amended terms and conditions.
DOES NOT make any REPRESENTATIONS or WARRANTIES that:
the information provided by ACER through its websites and online communities is reliable, accurate or complete; or Should you NOT ACCEPT these terms and conditions, you MUST refrain from
that your access to that information will be uninterrupted, timely or secure; using this web site and discussion forum.
IS NOT LIABLE for any loss resulting from any action taken or reliance made by you on any information or material posted by ACER. You should make your own inquiries and seek independent advice from relevant industry professionals before
acting or relying on any information or material which is made available to you pursuant to our information service; FURTHER, YOU AGREE, in respect of ACER Information services and online
to use ACER’s information services and online communities for lawful purposes only; communities:
that any information or material submitted by you to any online community is and will be treated by ACER as non-confidential and non-proprietary and ACER may use such material without restriction; 1. that all information provided by ACER through its websites and
when you submit material to any online community, YOU ASSIGN all copyright which subsists in such material to ACER without having to do anything further. If such copyright is not capable of assignment YOU GRANT ACER a royalty free, non-exclusive, perpetual, irrevocable worldwide licence (with the right to sublicence) to use, modify, alter, reproduce, broadcast and exploit such non-assignable copyright, the materials you submit and the intellectual property in the materials you submit for any purpose ACER determines; online communities is provided:
you will not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
YOU WARRANT you have: 1. under these terms and conditions; and
full right title and interest in any material you post on ACER websites or online communities to so use and publish the same; and
obtained all necessary permissions and licenses in any third party material contained in the material you post on ACER websites or online communities; 2. in good faith.
you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethically objectionable;
you will treat other users of ACER online communities with respect; 2. ACER:
ACER has ultimate control of all its websites and online communities and ACER in its sole discretion may edit, remove or decide to not publish any material you contribute, or block or close your access, particularly if it is of the opinion that the any material you post is: 1. derives all information provided by ACER through its websites
defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, racial vilification, privacy or contempt; and online communities from sources which it believes to be
false or deceptive; accurate and up to date as at the date of publication;
an infringement of intellectual property rights including copyright; 2. RESERVES the right to update this information at any time:
abusive, offensive or obscene; 3. DOES NOT make any REPRESENTATIONS or WARRANTIES that:
inappropriate, off topic, repetitive or vexatious. ACER reserves the right to reject contributions that have been widely canvassed in the online community. It also reserves the right to reject contributions from participants who seek to dominate the discussion; 1. the information provided by ACER through its websites and
compromising the privacy of any person or containing inappropriate personal information; online communities is reliable, accurate or complete; or
seeking to endorse commercial products or services; 2. that your access to that information will be
seeking to directly solicit donations; uninterrupted, timely or secure;
deliberate provocation of other community members; or 4. IS NOT LIABLE for any loss resulting from any action taken or
impersonating someone else and/or posting on behalf of a person previously prohibited from access. reliance made by you on any information or material posted by
you will not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members; ACER. You should make your own inquiries and seek independent
you will not impersonate any other person; advice from relevant industry professionals before
you will provide current, accurate and up-to-date information about yourself as required under these terms and conditions; 5. acting or relying on any information or material which is made
you will not post or transmit any unsolicited advertising or promotional materials; available to you pursuant to our information service;
any material which you post may be removed by ACER from the online community without notice at any time;
you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; 3. to use ACER's information services and online communities for
that any material or information provided by you may be posted in the online community for any other members or guests to read; lawful purposes only;
when accessing or participating in ACER instigated online communities on third party platforms to comply with any terms and conditions of such third party platforms;
to understand the privacy settings on any platform you access and choose appropriate options to protect your personal information and content; 4. that any information or material submitted by you to any online
ACER does not accept any liability for the accuracy or content of any material posted by other members of the online community. ACER is not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member; community is and will be treated by ACER as non-confidential and
ACER does not accept any responsibility or liability for any information or material which you submit to the online community, nor does ACER accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the online community; non-proprietary and ACER may use such material without restriction;
ACER does not warrant that it will respond to questions or comments submitted by you to our online communities;
if you download any material from the online community, you acknowledge that ACER is not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information, products or services from the downloaded material. 5. when you submit material to any online community, YOU ASSIGN all
Disclaimer copyright which subsists in such material to ACER without having to
YOU ACKNOWLEDGE that ACER DOES NOT ACCEPT RESPONSIBILITY for: do anything further. If such copyright is not capable of assignment
any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of ACER web sites, any linked web site or online community; nor YOU GRANT ACER a royalty free, non-exclusive, perpetual,
or any loss arising out of your use of or reliance on information contained on or accessed through ACER web sites or online communities; irrevocable worldwide licence (with the right to sublicence) to
that, to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits ACER from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but ACER’s liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; use, modify, alter, reproduce, broadcast and exploit such
Exception to disclaimer non-assignable copyright, the materials you submit and the
this disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded; intellectual property in the materials you submit for any purpose
Copyright ACER determines;
copyright in ACER websites and online communities (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by ACER. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions or with the prior written permission of ACER and in the case of third party material, that of the copyright owner, YOU MAY NOT in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of ACER web sites; or 6. you will not post or transmit any material in which the copyright
commercialise any information, products or services obtained from any part of ACER web sites; is owned by another person or entity and you warrant that all
Trade marks material posted is your original work and not sourced from any
except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark; third party;
if you use any of ACER’s trade marks in reference to ACER’s activities, products or services, you must include a statement attributing that trade mark to ACER. You must not use any of our trade marks:
in or as the whole or part of your own trade marks; 7. YOU WARRANT you have:
in connection with activities, products or services which are not ACER’s; 1. full right title and interest in any material you post on ACER
in a manner which may be confusing, misleading or deceptive; websites or online communities to so use and publish the same;
in a manner that disparages ACER or its information, products or services (including any ACER web site); and
not to remove, obscure or alter any ACER business names, acronyms, trademarks, logos, copyright notices on any content you access and use or use such in any way that implies the endorsement of ACER; 2. obtained all necessary permissions and licenses in any third
Restricted use party material contained in the material you post on ACER
unless ACER agrees otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site or publish such information digitally or otherwise; websites or online communities;
Linked web sites
any ACER web site or online community may contain links to other web sites ( "linked web sites" ). Those links are provided for convenience only and may not remain current or be maintained. 8. you will not post or transmit any material or information which is
ACER IS NOT RESPONSIBLE for the content or privacy practices associated with linked web sites. offensive, defamatory, obscene, unlawful, vulgar, harmful,
ACER links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary; threatening, abusive, harassing or ethically objectionable;
Privacy
ACER may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be used: 9. you will treat other users of ACER online communities with respect;
to send news, information about ACER activities and general promotional material which ACER believes may be useful to you;
to monitor who is accessing the web site or using services offered on the web site; and 10. ACER has ultimate control of all its websites and online
to profile people accessing the web site; communities and ACER in its sole discretion may edit, remove or
if you do not wish to have your personal information used in this manner or for any other specific purpose, you can contact ACER’s privacy officer using the contact details available via its privacy policy locatable on its website; decide to not publish any material you contribute, or block or
ACER utilises "cookies" which enable it to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance; close your access, particularly if it is of the opinion that the
ACER will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect; any material you post is:
if you request ACER not to use personal information in a particular manner or at all, ACER will adopt all reasonable measures to observe your request but ACER may still use or disclose that information if it: 1. defamatory, or otherwise unlawful or that it violates laws
subsequently notifies you of the intended use or disclosure and you do not object to that use or disclosure; regarding harassment, discrimination, racial vilification,
believes that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or privacy or contempt;
is required by law to disclose the information; 2. false or deceptive;
ACER will preserve the content of any e-mail you send us if ACER believes it has the legal requirement to do so; 3. an infringement of intellectual property rights including
your e-mail message content may be monitored by ACER for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected; copyright;
personal information which ACER collects may be aggregated for analysis but in such circumstances ACER would ensure that individuals would remain anonymous; 4. abusive, offensive or obscene;
all personal information which ACER collects (including your contact details and, if relevant, credit card details) is kept confidential to the best of its ability. You will appreciate, however, that ACER cannot guarantee the security of transmission; 5. inappropriate, off topic, repetitive or vexatious. ACER
it is the responsibility of parents to monitor their children's use of our web sites and ACER instigated online communities. Nevertheless it is ACER’s policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category; reserves the right to reject contributions that have been
you are entitled to have access to any personal information relating to you which you have previously supplied to ACER over this web site. You are entitled to edit or delete such information unless ACER is required by law to retain it; widely canvassed in the online community. It also reserves the
if you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on 03 9277 5555. right to reject contributions from participants who seek to
Security of information dominate the discussion;
unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst ACER strives to protect such information, IT DOES NOT WARRANT and cannot ensure the security of any information which you transmit to ACER. Accordingly, any information which you transmit to ACER is transmitted at your own risk. Nevertheless, once ACER receives your transmission, ACER will take reasonable steps to preserve the security of such information; 6. compromising the privacy of any person or containing
Specific warnings inappropriate personal information;
you must ensure that your access to any ACER web site or discussion forum is not illegal or prohibited by laws which apply to you; 7. seeking to endorse commercial products or services;
you must take your own precautions to ensure that the process which you employ for accessing any ACER web site or discussion forum does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, ACER DOES NOT ACCEPT RESPONSIBILITY for any interference or damage to your own computer system which arises in connection with your use of ACER web sites, any linked web site or ACER online community; 8. seeking to directly solicit donations;
while ACER has no reason to believe that any information contained on any ACER web site or online community is inaccurate, ACER DOES NOT: 9. deliberate provocation of other community members; or
WARRANT the accuracy, adequacy or completeness of such information; 10. impersonating someone else and/or posting on behalf of a
UNDERTAKE to keep its web site updated; and person previously prohibited from access.
ACCEPT RESPONSIBILITY for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on any ACER web site or discussion forum;
you ACKNOWLEDGE that ACER may be a distributor, not a publisher, of content on its web sites. To that extent ACER editorial control is limited to the selection of materials to make available. Any opinions or advice by third parties remain the responsibility of those third parties and ACER DOES NOT guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes; 11. you will not disrupt the flow of dialogue or otherwise act in a
where the information made available over ACER websites or online communities contains opinions or judgments of third parties, ACER DOES NOT purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. ACER DOES NOT accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information; manner which negatively affects other members;
12. you will not impersonate any other person;
13. you will provide current, accurate and up-to-date information about
yourself as required under these terms and conditions;
14. you will not post or transmit any unsolicited advertising or
promotional materials;
15. any material which you post may be removed by ACER from the online
community without notice at any time;
16. you will not post any material which contains viruses or other
computer codes, files or programs which are designed to limit or
destroy the functionality of other computer software or hardware;
17. that any material or information provided by you may be posted in
the online community for any other members or guests to read;
18. when accessing or participating in ACER instigated online
communities on third party platforms to comply with any terms and
conditions of such third party platforms;
19. to understand the privacy settings on any platform you access and
choose appropriate options to protect your personal information and
content;
20. ACER does not accept any liability for the accuracy or content of
any material posted by other members of the online community. ACER
is not liable for any loss resulting from any action taken or
reliance made by you on any information or material posted by
another member;
21. ACER does not accept any responsibility or liability for any
information or material which you submit to the online community,
nor does ACER accept any responsibility for any use or misuse which
you or any other members or guests make of information or material
which you submit to the online community;
22. ACER does not warrant that it will respond to questions or comments
submitted by you to our online communities;
23. if you download any material from the online community, you
acknowledge that ACER is not liable to you for any loss or damage,
however caused, arising from the downloading or subsequent use of
the downloaded material. You may not adapt, reproduce, store,
distribute, transmit, print, display, publish or create derivative
works from any downloaded material. In addition, you may not
commercialise any information, products or services from the
downloaded material.
Disclaimer
24. YOU ACKNOWLEDGE that ACER DOES NOT ACCEPT RESPONSIBILITY for:
1. any loss damage, however caused (including through
negligence), which you may directly or indirectly suffer in
connection with your use of ACER web sites, any linked web
site or online community; nor
2. or any loss arising out of your use of or reliance on
information contained on or accessed through ACER web sites or
online communities;
25. that, to the extent permitted by law, any condition or warranty
which would otherwise be implied into these terms and conditions is
hereby excluded. Where legislation implies any condition or
warranty, and that legislation prohibits ACER from excluding or
modifying the application of, or our liability under, any such
condition or warranty, that condition or warranty will be deemed
included but ACER's liability will be limited for a breach of that
condition or warranty to one or more of the following: (a) if the
breach relates to goods, (i) the replacement of the goods or the
supply of equivalent goods, (ii) the repair of such goods, (iii)
the payment of the cost of replacing the goods or of acquiring
equivalent goods or (iv) the payment of the cost of having the
goods repaired; and (b) if the breach relates to services, (i) the
supplying of the services again or (ii) the payment of the cost of
having the services supplied again;
Exception to disclaimer
26. this disclaimer set out in these terms and conditions does not
attempt or purport to exclude liability arising under statute if,
and to the extent, such liability cannot be lawfully excluded;
Copyright
27. copyright in ACER websites and online communities (including text,
graphics, logos, icons, sound recordings and software) is owned or
licensed by ACER. Information procured from a third party may be
the subject of copyright owned by that third party. Other than for
the purposes of, and subject to the conditions prescribed under,
the Copyright Act 1968 (Cth) and similar legislation which applies
in your location, and except as expressly authorised by these terms
and conditions or with the prior written permission of ACER and in
the case of third party material, that of the copyright owner, YOU
MAY NOT in any form or by any means:
1. adapt, reproduce, store, distribute, print, display, perform,
publish or create derivative works from any part of ACER web
sites; or
2. commercialise any information, products or services obtained
from any part of ACER web sites;
Trade marks
28. except where otherwise specified, any word or device to which is
attached the (TM) or ® symbol is a registered trade mark;
29. if you use any of ACER's trade marks in reference to ACER's
activities, products or services, you must include a statement
attributing that trade mark to ACER. You must not use any of our
trade marks:
1. in or as the whole or part of your own trade marks;
2. in connection with activities, products or services which are
not ACER's;
3. in a manner which may be confusing, misleading or deceptive;
4. in a manner that disparages ACER or its information, products
or services (including any ACER web site);
30. not to remove, obscure or alter any ACER business names, acronyms,
trademarks, logos, copyright notices on any content you access and
use or use such in any way that implies the endorsement of ACER;
Restricted use
31. unless ACER agrees otherwise in writing, you are provided with
access to this web site only for your personal use. You are
authorised to print a copy of any information contained on this web
site for your personal use, unless such printing is expressly
prohibited. Without limiting the foregoing, you may not without our
written permission on-sell information obtained from this web site
or publish such information digitally or otherwise;
Linked web sites
32. any ACER web site or online community may contain links to other
web sites ( "linked web sites" ). Those links are provided for
convenience only and may not remain current or be maintained.
33. ACER IS NOT RESPONSIBLE for the content or privacy practices
associated with linked web sites.
34. ACER links with linked web sites should not be construed as an
endorsement, approval or recommendation by us of the owners or
operators of those linked web sites, or of any information,
graphics, materials, products or services referred to or contained
on those linked web sites, unless and to the extent stipulated to
the contrary;
Privacy
35. ACER may collect web site visitors' contact information (like their
e-mail addresses). Unless you object, this information may be used:
1. to send news, information about ACER activities and general
promotional material which ACER believes may be useful to you;
2. to monitor who is accessing the web site or using services
offered on the web site; and
3. to profile people accessing the web site;
36. if you do not wish to have your personal information used in this
manner or for any other specific purpose, you can contact ACER's
privacy officer using the contact details available via its privacy
policy locatable on its website;
37. ACER utilises "cookies" which enable it to monitor traffic patterns
and to serve you more efficiently if you revisit the site. A cookie
does not identify you personally but it does identify your
computer. You can set your browser to notify you when you receive a
cookie and this will provide you with an opportunity to either
accept or reject it in each instance;
38. ACER will not sell or otherwise provide your personal information
to a third party, or make any other use of your personal
information, for any purpose which is not incidental to your use of
this web site. For the removal of doubt, personal information will
not be used for any purpose which a reasonable person in your
position would not expect;
39. if you request ACER not to use personal information in a particular
manner or at all, ACER will adopt all reasonable measures to
observe your request but ACER may still use or disclose that
information if it:
1. subsequently notifies you of the intended use or disclosure
and you do not object to that use or disclosure;
2. believes that the use or disclosure is reasonably necessary to
assist a law enforcement agency or an agency responsible for
government or public security in the performance of their
functions; or
3. is required by law to disclose the information;
40. ACER will preserve the content of any e-mail you send us if ACER
believes it has the legal requirement to do so;
41. your e-mail message content may be monitored by ACER for
trouble-shooting or maintenance purposes or if any form of e-mail
abuse is suspected;
42. personal information which ACER collects may be aggregated for
analysis but in such circumstances ACER would ensure that
individuals would remain anonymous;
43. all personal information which ACER collects (including your
contact details and, if relevant, credit card details) is kept
confidential to the best of its ability. You will appreciate,
however, that ACER cannot guarantee the security of transmission;
44. it is the responsibility of parents to monitor their children's use
of our web sites and ACER instigated online communities.
Nevertheless it is ACER's policy not to require personal
information from persons known to be under the age of 18 years or
offer to send any promotional material to persons in that category;
45. you are entitled to have access to any personal information
relating to you which you have previously supplied to ACER over
this web site. You are entitled to edit or delete such information
unless ACER is required by law to retain it;
46. if you wish to comment on or query our privacy policy, or if you
wish to make an inquiry regarding any personal information relating
to you which may be in our possession, contact us on 03 9277 5555.
Security of information
47. unfortunately, no data transmission over the Internet can be
guaranteed as totally secure. Whilst ACER strives to protect such
information, IT DOES NOT WARRANT and cannot ensure the security of
any information which you transmit to ACER. Accordingly, any
information which you transmit to ACER is transmitted at your own
risk. Nevertheless, once ACER receives your transmission, ACER will
take reasonable steps to preserve the security of such information;
Specific warnings
48. you must ensure that your access to any ACER web site or discussion
forum is not illegal or prohibited by laws which apply to you;
49. you must take your own precautions to ensure that the process which
you employ for accessing any ACER web site or discussion forum does
not expose you to the risk of viruses, malicious computer code or
other forms of interference which may damage your own computer
system. For the removal of doubt, ACER DOES NOT ACCEPT
RESPONSIBILITY for any interference or damage to your own computer
system which arises in connection with your use of ACER web sites,
any linked web site or ACER online community;
50. while ACER has no reason to believe that any information contained
on any ACER web site or online community is inaccurate, ACER DOES
NOT:
1. WARRANT the accuracy, adequacy or completeness of such
information;
2. UNDERTAKE to keep its web site updated; and
3. ACCEPT RESPONSIBILITY for loss suffered as a result of
reliance by you upon the accuracy or currency of information
contained on any ACER web site or discussion forum;
51. you ACKNOWLEDGE that ACER may be a distributor, not a publisher, of
content on its web sites. To that extent ACER editorial control is
limited to the selection of materials to make available. Any
opinions or advice by third parties remain the responsibility of
those third parties and ACER DOES NOT guarantee the accuracy,
completeness or usefulness of that content or its fitness for any
particular purposes;
52. where the information made available over ACER websites or online
communities contains opinions or judgments of third parties, ACER
DOES NOT purport to endorse the contents of that opinion or advice
nor the accuracy or reliability of that opinion or advice. ACER
DOES NOT accept liability for loss or damage caused by your
reliance upon any information obtained through this service and it
remains your responsibility to evaluate the accuracy, completeness
and usefulness of any such information;
Termination of access Termination of access
access to this web site may be terminated at any time by ACER without notice. The disclaimer contained in these terms of use will nevertheless survive any such termination;
Governing law 53. access to this web site may be terminated at any time by ACER
these terms and conditions are governed by the laws in force in the State of Victoria Australia. YOU AGREE to submit to the exclusive jurisdiction of the courts of that jurisdiction; without notice. The disclaimer contained in these terms of use will
General nevertheless survive any such termination;
ACER ACCEPTS NO LIABILITY for any failure to comply with these terms and conditions where such failure is due to circumstances beyond its reasonable control;
if ACER waives any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion; Governing law
if any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. 54. these terms and conditions are governed by the laws in force in the
Legal advice State of Victoria Australia. YOU AGREE to submit to the exclusive
ACER advises the User to obtain independent legal advice before entering into this Agreement to be fully aware of its effects. jurisdiction of the courts of that jurisdiction;
Indemnity
YOU irrevocably and unconditionally indemnify and agree to keep indemnified and hold harmless ACER and its respective, officers, employees, and consultants from and against any and all liability loss harm damage cost or expense, including legal fees, which ACER may suffer or sustain as a result of any act or omission of you or any of your officers employees consultants have done or omitted to be done in connection with a breach of this Agreement or any applicable law, except to the extent that the liability loss harm damage cost or expense arises from ACER’s negligent or unlawful acts or omissions. This clause shall survive any termination or expiration of this Agreement; General
Entire agreement 55. ACER ACCEPTS NO LIABILITY for any failure to comply with these
these terms and conditions constitute the entire agreement between ACER and you in respect of the use of any ACER website and online community and any understanding, agreement, and/or representation implied or express (made by one party to the other) not expressly included in these terms and conditions are specifically excluded. terms and conditions where such failure is due to circumstances
To return to the web site or online community beyond its reasonable control;
to return to the web site or online community, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.
56. if ACER waives any rights available to us under these terms and
conditions on one occasion, this does not mean that those rights
will automatically be waived on any other occasion;
57. if any of these terms and conditions are held to be invalid,
unenforceable or illegal for any reason, the remaining terms and
conditions shall nevertheless continue in full force.
Legal advice
58. ACER advises the User to obtain independent legal advice before
entering into this Agreement to be fully aware of its effects.
Indemnity
59. YOU irrevocably and unconditionally indemnify and agree to keep
indemnified and hold harmless ACER and its respective, officers,
employees, and consultants from and against any and all liability
loss harm damage cost or expense, including legal fees, which ACER
may suffer or sustain as a result of any act or omission of you or
any of your officers employees consultants have done or omitted to
be done in connection with a breach of this Agreement or any
applicable law, except to the extent that the liability loss harm
damage cost or expense arises from ACER's negligent or unlawful
acts or omissions. This clause shall survive any termination or
expiration of this Agreement;
Entire agreement
60. these terms and conditions constitute the entire agreement between
ACER and you in respect of the use of any ACER website and online
community and any understanding, agreement, and/or representation
implied or express (made by one party to the other) not expressly
included in these terms and conditions are specifically excluded.
To return to the web site or online community
61. to return to the web site or online community, click where
indicated. By doing so, you acknowledge that you have read,
understood and accepted the above terms of use.
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@ -3,169 +3,652 @@ URL: https://www.languagenut.com/en-au/terms/
Terms of Service Terms of Service
Please read these Terms of Service carefully before registering for a chargeable subscription to use the Services offered on this website, operated by Languagenut Limited, with its registered office at Projects The Lanes, Nile House, Nile Street, Brighton, England, company number 07401600, VAT number 983 9715 59.
By registering for a chargeable subscription to use the Services at www.languagenut.com, and clicking on the accept buttons relating to our Terms of Service, Please read these Terms of Service carefully before registering for a
  chargeable subscription to use the Services offered on this website,
  operated by Languagenut Limited, with its registered office at Projects
, you agree to be legally bound by these Terms of Service, DPA and Privacy Policy as they may be modified and posted on our website from time to time. In the event of any inconsistency between the content of the Terms of Service, The Lanes, Nile House, Nile Street, Brighton, England, company number
  07401600, VAT number 983 9715 59.
DPA
  By registering for a chargeable subscription to use the Services at
and the www.languagenut.com, and clicking on the accept buttons relating to our
  Terms of Service, , you agree to be legally bound by these Terms of
Privacy Policy Service, DPA and Privacy Policy as they may be modified and posted on
, the Terms of Service shall prevail followed by the DPA and then the Privacy Policy. our website from time to time. In the event of any inconsistency
If you do not wish to be bound by these Terms of Service, DPA and Privacy Policy then you may not register to use a free trial or purchase our Services. between the content of the Terms of Service, DPA and the Privacy
1. Definitions Policy, the Terms of Service shall prevail followed by the DPA and then
In this Agreement, the following capitalised words shall have the following meanings: the Privacy Policy.
“Agreement”
means these Terms of Service, DPA and Privacy Policy together; If you do not wish to be bound by these Terms of Service, DPA and
“Authorised User” Privacy Policy then you may not register to use a free trial or
means your employees, agents, consultant or independent contractors or students who have been expressly authorised by you to receive a password in order to access the Services online; purchase our Services.
“Confidential Information”
means any and all information in whatsoever form relating to our business, prospective business, finances, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances, or compilations of two or more items of such information, whether or not each individual item is in itself confidential, which comes into our possession by virtue of its entry into this Agreement or provision of the Services, and which we regard, or could reasonably be expected to regard, as confidential and any and all information which has been or may be derived or obtained from any such information and includes all Content; 1. Definitions
“Consequential Loss”
means pure economic loss, special loss, losses incurred by any third party, losses arising from business interruption, loss of business revenue, goodwill or anticipated savings, losses whether or not occurring in the normal course of business, costs of procuring substitute goods or product(s) or wasted management or staff time; In this Agreement, the following capitalised words shall have the
“Content” following meanings:
means all information or materials made available to you via the Services; "Agreement" means these Terms of Service, DPA and Privacy Policy
“DPA” together;
means our data processing agreement published at www.languagenut.com/en-gb/data-processing-agreement as amended from time to time; "Authorised User" means your employees, agents, consultant or
“Effective Date” independent contractors or students who have been expressly authorised
means the date on which we send you a confirmation invoice, confirming your order of the Services and providing you with login details; by you to receive a password in order to access the Services online;
“Feedback” "Confidential Information" means any and all information in whatsoever
means feedback, innovations or suggestions created by the you or Authorised Users regarding the attributes, performance or features of the Services; form relating to our business, prospective business, finances,
“Fees” technical processes, computer software (both source code and object
means the fees set out in the confirmation invoice sent to you; code), Intellectual Property Rights or finances, or compilations of two
“Force Majeure” or more items of such information, whether or not each individual item
means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, pandemic, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, including without limitation where we cease to be entitled to access the Internet for whatever reason, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency; is in itself confidential, which comes into our possession by virtue of
“Initial Term” its entry into this Agreement or provision of the Services, and which
means a period of 12 months starting on the Effective Date; we regard, or could reasonably be expected to regard, as confidential
“Intellectual Property Rights” and any and all information which has been or may be derived or
means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (whether registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, generic rights, proprietary information rights and all other similar proprietary rights (and all applications and rights to apply for registration or protection of any of the foregoing) as may exist anywhere in the world; obtained from any such information and includes all Content;
“Operating Rules” "Consequential Loss" means pure economic loss, special loss, losses
means any of our rules or protocols, in whatever form that affect your access to or use of the Services, and made available to you by us from time to time to; incurred by any third party, losses arising from business interruption,
“Privacy Policy” loss of business revenue, goodwill or anticipated savings, losses
means our privacy policy published at whether or not occurring in the normal course of business, costs of
  procuring substitute goods or product(s) or wasted management or staff
https://www.languagenut.com/en-gb/data-processing-agreement time;
  "Content" means all information or materials made available to you via
as amended from time to time; the Services;
“Renewal Term” "DPA" means our data processing agreement published at
means a period of 12 months; www.languagenut.com/en-gb/data-processing-agreement as amended from
“Services” time to time;
means the software applications services, ordered online by the you and set out in the confirmation invoice sent to you which are made available to you in accordance with any Operating Rules and including any computer software programmes and, if appropriate, Updates thereto; "Effective Date" means the date on which we send you a confirmation
“Statistical Data” invoice, confirming your order of the Services and providing you with
means aggregated, anonymised data derived from you or any user’s use of the Services which does not include any personal data; login details;
“Term” "Feedback" means feedback, innovations or suggestions created by the
means the Initial Term plus any Renewal Terms together; you or Authorised Users regarding the attributes, performance or
“Terms and Conditions” features of the Services;
means these terms of service published at "Fees" means the fees set out in the confirmation invoice sent to you;
  "Force Majeure" means anything outside the reasonable control of a
www.languagenut.com/en-gb/terms/ party, including but not limited to, acts of God, fire, storm, flood,
  earthquake, explosion, accident, acts of the public enemy, war,
as amended from time to time; rebellion, insurrection, sabotage, pandemic, epidemic, quarantine
“Updates” restriction, labour dispute, labour shortage, power shortage, including
means any new or updated applications services or tools (including any computer software programmes) made available by us during the Term as part of the Services. without limitation where we cease to be entitled to access the Internet
“Website” for whatever reason, transportation embargo, failure or delay in
means www.languagenut.com; transportation, any act or omission (including laws, regulations,
“we”, “us” or “our” disapprovals or failures to approve) of any government or government
means Languagenut Limited; agency;
“you” or “you” "Initial Term" means a period of 12 months starting on the Effective
means the company or person who completes the online registration form for use of the Services; Date;
2. Provision of the Services "Intellectual Property Rights" means all copyrights, patents, utility
2.1 You engage us and we agree to provide the Services to you in accordance with terms of this Agreement from the Effective Date for the Term. models, trademarks, service marks, registered designs, moral rights,
2.2 Access to the Services is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are an Authorised User of an institution that has paid the Fee. We have no obligation under no obligation to provide to access to the Services until the Fee has been paid. design rights (whether registered or unregistered), technical
2.3 We will endeavour to ensure that the Services are available 24 hours a day, excluding any scheduled maintenance carried out to the Services. information, know-how, database rights, semiconductor topography
2.4 We shall provide customer support services from Monday to Friday (excluding any national holidays in the UK) to you by telephone or email from 8 am – 5 pm (UK times) for the purpose of assisting you in maintaining your access to the Services.2.3 Access to the Services is subject to payment of all Fees owed under this Agreement. rights, business names and logos, computer data, generic rights,
2.5 It is your responsibility to ensure that login details are passed on to the relevant person at your school or library to gain access to the Services. proprietary information rights and all other similar proprietary rights
3. Licence (and all applications and rights to apply for registration or
3.1 Subject to payment of the Fees, you are granted a non-exclusive and non-transferable licence to permit Authorised Users to use the Services (including any associated software, Content, Intellectual Property Rights and Confidential Information) from the Effective Date during the Term for your internal business operations. Such licence permits you and Authorised Users to make cache copies of software or other information necessary for your to receive the Services via the Internet. Where open source software is used as part of the Services, this software will be subject to the terms of the applicable open source licences. No additional implied rights are granted beyond those specifically mentioned in this clause 3.1. protection of any of the foregoing) as may exist anywhere in the world;
3.2 No right to modify, adapt, or translate the Services or create derivative works from the Services is granted to you . Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services. Disassembly, decompilation or reverse engineering and other source code derivation of the software comprised within the Services is prohibited. Unless otherwise specified in this Agreement, the Services are provided and may be used solely by you as part of your website/desktop architecture. Except as specifically stated in this Agreement, you may not: (i) lease, loan, resell or otherwise distribute the Services save as permitted in writing by us; (ii) use the Services to provide ancillary services related to the Services; or (iii) permit access to or use of the Services by or on behalf of any third party. "Operating Rules" means any of our rules or protocols, in whatever form
3.3 Unless otherwise specified in this Agreement, the Services are provided and may be used solely by you and Authorised Users. You may not: (i) lease, loan, resell, assign, licence, distribute or otherwise permit access to the Services; or (ii) use the Services to provide ancillary services related to the Services; or (iii) except as permitted in this Agreement, permit access to or use of the Services by or on behalf of any third party. that affect your access to or use of the Services, and made available
3.4 We may suspend access to the Services, or portion thereof, at any time, if in our sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by your acts or those of Authorised Users. Where possible, we shall give you 24 hours written notice, before suspending access to the Services, giving specific details of our reasons. to you by us from time to time to;
4. Authorised Users "Privacy Policy" means our privacy policy published
4.1 Your subscription to the Services is for a single school/home or institution only. We do not permit you to share your user name and password for use in multiple schools or institutions. If you have purchased a home licence then this is for home only and not to be used in school or an institution. at https://www.languagenut.com/en-gb/data-processing-agreement as
4.2 Where we allow you to register on behalf of several users within one organisation, we refer to you as a group user, (“ amended from time to time;
Group User "Renewal Term" means a period of 12 months;
”). Any of your Authorised Users who makes use of the Services via this licence shall, subject to the terms of this Agreement, be entitled to continue using the Services as an independent user following termination of that Authorised User’s connection with a Group User, including having access to the information and programs created during the course of that Authorised Users employment with or connection through the Group User.  Each Group User hereby irrevocably agrees to permit such continued access to a leaving Authorised User. A Group User shall have no liability for the leaving Authorised User’s continued use of the Services, following our receipt of a written notice informing us that the individual concerned is no longer connected to the Group User. "Services" means the software applications services, ordered online by
5. Passwords and Security the you and set out in the confirmation invoice sent to you which are
5.1 You are responsible for any and all activities that occur under your account and via your passwords. You will immediately notify us if you become aware of any unauthorised use of an account or password or breach of any breach of security becomes known to you. We shall have no liability for any loss or damage arising from your failure to comply with these requirements. made available to you in accordance with any Operating Rules and
5.2 We may suspend access to the Services, or portion thereof, at any time, if in our sole reasonable discretion, the integrity or security of the Services is in danger of being compromised by acts of you or Authorised Users. Where possible we shall give you prior notice before suspending access to the Services. including any computer software programmes and, if appropriate, Updates
5.3 You (and Authorised Users) shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity and integrity to ensure that the access to the Services granted under this Agreement is limited as set out under this Agreement. In particular you and Authorised Users shall treat any identification, password or username or other security device for use of the Services with due diligence and care and take all necessary steps to ensure that they are kept confidential, secure and are used properly and are not disclosed to unauthorised persons. Any breach of the above shall be immediately notified to us in writing. You shall be liable for any breach of this Agreement by an Authorised User. thereto;
6. Intellectual Property Rights "Statistical Data" means aggregated, anonymised data derived from you
6.1 All Intellectual Property Rights and title to the Services and Content (save to the extent these incorporate any third party owned item) shall remain with us and/or its licensors and subcontractors. No interest or ownership in the Services, the Intellectual Property Rights, Content or otherwise is transferred to you under this Agreement. Nothing in this Agreement shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services. or any user's use of the Services which does not include any personal
6.2 You grants us a perpetual, non-exclusive, transferable, royalty free, worldwide licence to use any information that you upload to the Services, (excluding your personal data). data;
6.3 You are not allowed to remove any proprietary marks or copyright notices from the Services. "Term" means the Initial Term plus any Renewal Terms together;
6.4 You assign all rights, title, and interest in any Feedback to us. If for any reason such assignment is ineffective, you shall grant us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify, and exploit such Feedback without restriction. "Terms and Conditions" means these terms of service published
6.5 We may take and maintain technical precautions to protect the Services from improper or unauthorised use, distribution or copying. at www.languagenut.com/en-gb/terms/ as amended from time to time;
7. Term "Updates" means any new or updated applications services or tools
7.1 This Agreement shall commence on the Effective Date for the Initial Term. At the expiry of the Initial Term, this Agreement will automatically renew for Renewal Terms and continue until either party terminates the Agreement by giving the other at least 90 days’ notice in writing prior to a Renewal Term. Neither party may terminate the Agreement without cause during the Initial Term. (including any computer software programmes) made available by us
8. Fees, Invoicing and Payment during the Term as part of the Services.
8.1 We shall invoice the Fees annually in advance from the Effective Date. All Fees exclude any Value Added Tax legally payable on the date of the invoice, which shall be paid by you in addition, where applicable. "Website" means www.languagenut.com;
8.2 Fees for your subscription are calculated annually on the anniversary of the Effective Date (unless otherwise stated). "we", "us" or "our" means Languagenut Limited;
8.3 You undertake that all details provided for the purpose of obtaining the Services will be correct and that any credit card details used are your own and that there are sufficient funds or credit facilities to cover the Fees and that it is your responsibility to update us of any changes to your contact information (including your email address) via support@languagenut.com. "you" or "you" means the company or person who completes the online
8.4 Fees are payable on the date of each invoice by such method of payment as we request. registration form for use of the Services;
8.5 We are under no obligation to provide access to the Services until Fees are paid.
8.6 Where payment of any Fee is not received when due we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remains unpaid. 2. Provision of the Services
8.7 We shall be entitled to charge interest on overdue Fees at the applicable statutory rate.
8.8 We reserve the right to recover any costs and reasonable legal fees it incurs in recovering overdue payments. 2.1 You engage us and we agree to provide the Services to you in
9. Confidential Information accordance with terms of this Agreement from the Effective Date for the
9.1 You may use Confidential Information only for the purposes of this Agreement. You must keep confidential all Confidential Information disclosed to you, except where the recipient of Confidential Information is required to disclose the Confidential Information by law to any regulatory, governmental or other authority with relevant powers to which either party is subject. Term.
9.2 You may disclose Confidential Information to those of your employees and agents who have a need to know the Confidential Information for the purposes of this Agreement but only if the employee or agent is bound by confidentiality undertakings equivalent to those set out in this Agreement.
9.3 You agree to destroy or return all documents and other materials containing Confidential Information immediately upon completion of the Services or termination or expiry of this Agreement. 2.2 Access to the Services is only provided to you on condition that
9.4 The obligations of confidentiality under this Agreement do not extend to information that: (i)     was rightfully in your possession before the negotiations leading to this Agreement; (ii) is, or after the Effective Date, becomes public knowledge (otherwise than as a result of a breach of this Agreement); or (iii) is lawfully disclosed to you by a third party without restriction on disclosure; or (iv) is independently developed by you, which independent development can be shown by written evidence; or (v) is required by law to be disclosed. either you pay the Fee (if you are an individual member) or you are an
9.5 If you are required to disclose any Confidential Information pursuant to clause 9.4(v) you shall, where lawfully permitted to do so: (i) promptly consult with and take into account any comments from us prior to making any disclosure; and (ii) work us to ensure that any exemptions or other legitimate means of preventing disclosure or limiting disclosure are used to the fullest extent possible. Authorised User of an institution that has paid the Fee. We have no
9.6 You may print and download Content for your own use on the following basis: (i) no documents or related graphics are modified in any way; (ii) no graphics are used separately from accompanying text; and (iii) our copyright and trademark notices and this permission notice appear in all copies of Content. If you breach any terms of this clause 9.6, your permission to use the Services automatically terminates and you must immediately destroy any downloaded or printed Content and remove any such Content from other electronically held systems including other websites. Other than permitted in this clause 9.6, no part of the Content may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. obligation under no obligation to provide to access to the Services
9.7 Other than any personal data that you provide to us when using the Services and save where we require you to provide specific authorisation within the Services for the use of information or material you provide, any material you transmit or post in the Services will be considered non-confidential and non-proprietary. We have no obligations with respect to such material. We, our agents and other users of the Services will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes, as will other users subject to the provisions of clause 9.6. until the Fee has been paid.
9.8 We may require the removal of any material, in whole or in part, uploaded to the Services where such material is, in our view, likely to fall within the provisions of clause 9.9, or which may cause damage to our reputation. We therefore reserve the right to edit and/or remove, in whole or in part, any material uploaded to the Services without notice.
9.9 You are prohibited from posting or transmitting to or from the Services any material: (i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (ii) for which you have not obtained all necessary licences; or (iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (iv) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 2.3 We will endeavour to ensure that the Services are available 24
9.10 You may not misuse the Services (including without limitation by hacking). hours a day, excluding any scheduled maintenance carried out to the
9.11 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.9 and 9.10. Services.
9.12 We, and our officers, directors, employees, shareholders, or agents do not accept any liability for the use made by you of any Content.
10. Data Protection 2.4 We shall provide customer support services from Monday to Friday
10.1 Each party undertakes to comply with its obligations under relevant applicable data protection laws, principles and agreements. (excluding any national holidays in the UK) to you by telephone or
10.2 To the extent that personal data is processed when you or Authorised Users use the Services, the parties acknowledge that we are a data processor and you are a data controller and the parties shall comply with their respective obligations under applicable data protection law and the terms of the DPA. email from 8 am - 5 pm (UK times) for the purpose of assisting you in
10.3 Any personal data that you provide to us during registration or when ordering or using the Services (such as your email address) shall be collected and processed by us in accordance with the Privacy Policy. maintaining your access to the Services.2.3 Access to the Services is
10.4 If a third party alleges infringement of its data protection rights, we shall be entitled to take measures necessary to prevent the infringement of a third party’s rights from continuing. subject to payment of all Fees owed under this Agreement.
11. Warranties
11.1 Each party warrants and represents that: (i) it has full corporate power and authority to enter into this Agreement and to perform the obligations required hereunder; (ii) the execution and performance of its obligations under this Agreement does not violate or conflict with the terms of any other agreement to which it is a party and is in accordance with any applicable laws; and (iii) it shall respect all applicable laws and regulations, governmental orders and court orders, which relate to this Agreement. 2.5 It is your responsibility to ensure that login details are passed
11.2 We warrant to you that: (i) we have the right to license the Services: (ii) the Services shall be performed with reasonable skill and care and in a professional manner in accordance with good industry practice; (iii) that use of the Services will not infringe the Intellectual Property Rights of any third party. The foregoing warranties shall not: (a) cover deficiencies or damages relating to any third-party components not furnished by us; or (b) any third party provided connectivity necessary for the provision or use of the Services. In the event of a breach of the warranties under this clause 11.2, we shall have no liability or obligations to you other than to reimburse the Fees for the Services. on to the relevant person at your school or library to gain access to
11.3 No warranty is made regarding the results of usage of the Services or that the functionality of the Services will meet the requirements of you or that the Services will operate uninterrupted or error free. This clause shall survive the termination of this Agreement. the Services.
11.4 You acknowledges that Services should not be used for high-risk applications where precise locations or features on maps are essential to you.
11.5 All Content provided via the Services, is provided “as is” and we do not warrant the accuracy and completeness of the Content contained within the Services, or the authenticity of data images, sounds, text and other things which are uploaded to the Services by third parties. We may make changes to the Content or to the products and prices described in the Services at any time without notice. The Content in the Services may be out of date, and we make no commitment to update Content. The Content of the Services should only be used for information purposes, and you should not rely on it to make or refrain from making any decision or take or refrain from taking any action. We provide no warranties in relation to Content and shall have no liability whatsoever to you for its use or reliance upon any Content. 3. Licence
11.6 You warrant that you rightfully own the necessary user rights, copyrights and ancillary copyrights and permits required for you to fulfil your obligations under this Agreement.
11.7 You shall ensure that your network and systems comply with the relevant Operating Rules provided by us from time to time and that it is solely responsible for procuring and maintaining its network connections and telecommunications links from your systems to our data centres and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet. 3.1 Subject to payment of the Fees, you are granted a non-exclusive and
11.8 Except as expressly stated in this Agreement, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law. non-transferable licence to permit Authorised Users to use the Services
12. Liability (including any associated software, Content, Intellectual Property
12.1 Neither party excludes or limits its liability for: (i) fraud; (ii) death or personal injury caused by any negligent act or omission in connection with the provision or use of the Services; (iii) wilful misconduct; or (iv) anything which cannot lawfully be limited or excluded by applicable law. Rights and Confidential Information) from the Effective Date during the
12.2 Neither party shall be liable for any Consequential Loss arising out of or related to this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, even if the party was advised of the possibility of such damages. Term for your internal business operations. Such licence permits you
12.3 Subject to clauses 12.1 to 12.3 inclusive the total liability of us to you in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under this Agreement or based upon any claim for indemnity or contribution shall be limited to the total Fees (excluding all taxes) paid by you to us during the 12 month period prior to the date on which any such claim arose. If the duration of the Agreement has been less than 12 months, such shorter period shall apply. and Authorised Users to make cache copies of software or other
12.4 Subject to clause 4.2, you shall be liable for any breaches of this Agreement caused by the acts, omissions or negligence of any Authorised Users who access the Services as if such acts, omissions, or negligence had been committed by you. information necessary for your to receive the Services via the
12.5 The parties acknowledge and agree that in entering into this Agreement, each had recourse to its own skill and judgement and have not relied on any representation made by the other, their employees or agents. Internet. Where open source software is used as part of the Services,
13. Indemnity this software will be subject to the terms of the applicable open
13.1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless on demand, from and against all claims, liability, damages, fines, losses, costs and expenses, including reasonable legal fees, arising out of: (i) any breach of a third party’s rights caused by you (or where you are a Group User, by any Authorised User’s) use of the Services in breach of the terms of this Agreement; or (ii) any other liabilities arising out of your or an Authorised User’s use of the Services; or (ii) use by any third party accessing the Services using your logins or passwords. source licences. No additional implied rights are granted beyond those
14. Links to and from other websites specifically mentioned in this clause 3.1.
14.1. We are not responsible for the content of any websites linked to the Services. We provide these links solely for convenience. If you use these links, you leave our Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk.
14.2 If you would like to link to our Services you may do so on the basis that you link to, but do not replicate, the home page of our Website and subject to the following conditions: (i) you do not remove, distort, or otherwise alter the size or appearance of our logos; (ii) you do not create a frame or any other browser or border environment around our Website; (iii) you do not in any way imply that we are endorsing any products or services other than our own; (iv) you do not misrepresent your relationship with us nor present any other false information about us; (iv) you do not otherwise use any Languagenut.com trademarks displayed on the Website, without express written permission from us; (v) you do not link from a website that is not owned by you; and (vi) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. 3.2 No right to modify, adapt, or translate the Services or create
14.3 We expressly reserve the right to revoke the rights granted in clause 14.2 for any breach of this Agreement and reserve the right to take any action that we deem appropriate for such breach. derivative works from the Services is granted to you . Nothing in this
15. Termination Agreement shall be construed to mean, by inference or otherwise, that
15.1 We may immediately terminate this Agreement or the provision of any Services provided pursuant to this Agreement if: (i) you have used or permitted the use of the Services other than in accordance with this Agreement; or (ii) we are prohibited under applicable law, or otherwise from providing the Services. you have any right to obtain source code for the software comprised
15.2 Either party shall be entitled to terminate this Agreement on written notice to the other party if the other party: (i) goes into voluntary or involuntary liquidation (otherwise than for the purpose of a solvent reconstruction or amalgamation) or has a receiver or administrator or similar person appointed or is unable to pay its debts within the meaning of s268 Insolvency Act 1986 or ceases or threatens to cease to carry on business or if any event occurs which is analogous to any of the foregoing in another jurisdiction; or (ii) commits a material breach of any term of this Agreement which, if capable of remedy, is not remedied within five (5) Business Days of receipt of a written notice specifying the breach and requiring it to be remedied; or (iii) is prevented by Force Majeure from fulfilling its obligations for more than twenty eight (28) days. within the Services. Disassembly, decompilation or reverse engineering
15.3 Upon termination of this Agreement we shall immediately cease providing the Services to you and all licences granted hereunder shall terminate. No Fees already paid shall be refunded if the Agreement is terminated prior to the end of the Term. and other source code derivation of the software comprised within the
15.4 At your option and following receipt of a request from you, we shall delete (in accordance with the terms of the DPA) or return all personal data stored in our database in its then current format, free of charge, provided that such request is made within 30 days of termination. If you require any personal data to be returned in a different format we reserve the right to charge for this additional service on a time and materials basis. Services is prohibited. Unless otherwise specified in this Agreement,
15.5 Termination of this Agreement for whatever reason shall not affect the accrued rights of the parties. All clauses which by their nature should continue after termination shall, for the avoidance of doubt, survive the expiration or sooner termination of this Agreement and shall remain in force and effect. the Services are provided and may be used solely by you as part of your
16. Assignment website/desktop architecture. Except as specifically stated in this
No party may assign or transfer its rights under this Agreement without the prior written consent of the other party, such consent shall not be unreasonably withheld, however we shall be entitled to assign the Agreement to: (i) any company in our group of companies; or (ii) any entity that purchases our shares or assets as the result of a merger, takeover or similar event. Agreement, you may not: (i) lease, loan, resell or otherwise distribute
17. Force Majeure the Services save as permitted in writing by us; (ii) use the Services
If a party is wholly or partially prevented by Force Majeure from complying with its obligations under this Agreement, then that party’s obligation to perform in accordance with this Agreement will be suspended. As soon as practicable after an event of Force Majeure arises, the party affected by Force Majeure must notify the other party of the extent to which the notifying party is unable to perform its obligations under this Agreement. If the Force Majeure event lasts for more than 28 days, the non-defaulting party may terminate this Agreement with immediate effect without penalty. to provide ancillary services related to the Services; or (iii) permit
18. Miscellaneous access to or use of the Services by or on behalf of any third party.
18.1 The parties are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship.
18.2 Nothing contained in this Agreement or in any instrument or document executed by any party in connection with the provision of the Services is intended to be enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999, or any similar legislation in any applicable jurisdiction. 3.3 Unless otherwise specified in this Agreement, the Services are
18.3 Should a provision of this Agreement be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions. provided and may be used solely by you and Authorised Users. You may
18.4 This Agreement constitutes the whole agreement and understanding between the parties and supersedes all prior agreements, representations, negotiations, and discussions between the parties relating to the subject matter thereof. not: (i) lease, loan, resell, assign, licence, distribute or otherwise
18.5 In the event of any inconsistency between the content of the Terms and Conditions, the DPA and the Privacy Policy, the Terms and Conditions shall prevail followed by the DPA and then the Privacy Policy. permit access to the Services; or (ii) use the Services to provide
18.6 Amendments to, or notices to be sent under this Agreement, shall be in writing and shall be deemed to have been duly given if sent by registered post to a party at the address given for that party in this Agreement. Notwithstanding the aforesaid, we may change or modify the terms of this Agreement upon giving you 30 days notice via email to the email address used for billing purposes. All changes shall be deemed to have been accepted by you unless you terminate the Agreement prior to the expiry of the 30-day period. ancillary services related to the Services; or (iii) except as
18.5 This Agreement shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement. permitted in this Agreement, permit access to or use of the Services by
T&Cs or on behalf of any third party.
Privacy Policy
FAQs 3.4 We may suspend access to the Services, or portion thereof, at any
time, if in our sole reasonable discretion, the integrity or security
of the Services is in danger of being compromised by your acts or those
of Authorised Users. Where possible, we shall give you 24 hours written
notice, before suspending access to the Services, giving specific
details of our reasons.
4. Authorised Users
4.1 Your subscription to the Services is for a single school/home or
institution only. We do not permit you to share your user name and
password for use in multiple schools or institutions. If you have
purchased a home licence then this is for home only and not to be used
in school or an institution.
4.2 Where we allow you to register on behalf of several users within
one organisation, we refer to you as a group user, ("Group User"). Any
of your Authorised Users who makes use of the Services via this licence
shall, subject to the terms of this Agreement, be entitled to continue
using the Services as an independent user following termination of that
Authorised User's connection with a Group User, including having access
to the information and programs created during the course of that
Authorised Users employment with or connection through the Group User.
Each Group User hereby irrevocably agrees to permit such continued
access to a leaving Authorised User. A Group User shall have no
liability for the leaving Authorised User's continued use of the
Services, following our receipt of a written notice informing us that
the individual concerned is no longer connected to the Group User.
5. Passwords and Security
5.1 You are responsible for any and all activities that occur under
your account and via your passwords. You will immediately notify us if
you become aware of any unauthorised use of an account or password or
breach of any breach of security becomes known to you. We shall have no
liability for any loss or damage arising from your failure to comply
with these requirements.
5.2 We may suspend access to the Services, or portion thereof, at any
time, if in our sole reasonable discretion, the integrity or security
of the Services is in danger of being compromised by acts of you or
Authorised Users. Where possible we shall give you prior notice before
suspending access to the Services.
5.3 You (and Authorised Users) shall maintain reasonable security
measures (as may change over time) covering, without limitation,
confidentiality, authenticity and integrity to ensure that the access
to the Services granted under this Agreement is limited as set out
under this Agreement. In particular you and Authorised Users shall
treat any identification, password or username or other security device
for use of the Services with due diligence and care and take all
necessary steps to ensure that they are kept confidential, secure and
are used properly and are not disclosed to unauthorised persons. Any
breach of the above shall be immediately notified to us in writing. You
shall be liable for any breach of this Agreement by an Authorised User.
6. Intellectual Property Rights
6.1 All Intellectual Property Rights and title to the Services and
Content (save to the extent these incorporate any third party owned
item) shall remain with us and/or its licensors and subcontractors. No
interest or ownership in the Services, the Intellectual Property
Rights, Content or otherwise is transferred to you under this
Agreement. Nothing in this Agreement shall be construed to mean, by
inference or otherwise, that you have any right to obtain source code
for the software comprised within the Services.
6.2 You grants us a perpetual, non-exclusive, transferable, royalty
free, worldwide licence to use any information that you upload to the
Services, (excluding your personal data).
6.3 You are not allowed to remove any proprietary marks or copyright
notices from the Services.
6.4 You assign all rights, title, and interest in any Feedback to us.
If for any reason such assignment is ineffective, you shall grant us a
non-exclusive, perpetual, irrevocable, royalty free, worldwide right
and licence to use, reproduce, disclose, sub-licence, distribute,
modify, and exploit such Feedback without restriction.
6.5 We may take and maintain technical precautions to protect the
Services from improper or unauthorised use, distribution or copying.
7. Term
7.1 This Agreement shall commence on the Effective Date for the Initial
Term. At the expiry of the Initial Term, this Agreement will
automatically renew for Renewal Terms and continue until either party
terminates the Agreement by giving the other at least 90 days' notice
in writing prior to a Renewal Term. Neither party may terminate the
Agreement without cause during the Initial Term.
8. Fees, Invoicing and Payment
8.1 We shall invoice the Fees annually in advance from the Effective
Date. All Fees exclude any Value Added Tax legally payable on the date
of the invoice, which shall be paid by you in addition, where
applicable.
8.2 Fees for your subscription are calculated annually on the
anniversary of the Effective Date (unless otherwise stated).
8.3 You undertake that all details provided for the purpose of
obtaining the Services will be correct and that any credit card details
used are your own and that there are sufficient funds or credit
facilities to cover the Fees and that it is your responsibility to
update us of any changes to your contact information (including your
email address) via support@languagenut.com.
8.4 Fees are payable on the date of each invoice by such method of
payment as we request.
8.5 We are under no obligation to provide access to the Services until
Fees are paid.
8.6 Where payment of any Fee is not received when due we may, without
liability to you, disable your password, account and access to all or
part of the Services and we shall be under no obligation to provide any
or all of the Services while the invoice(s) concerned remains unpaid.
8.7 We shall be entitled to charge interest on overdue Fees at the
applicable statutory rate.
8.8 We reserve the right to recover any costs and reasonable legal fees
it incurs in recovering overdue payments.
9. Confidential Information
9.1 You may use Confidential Information only for the purposes of this
Agreement. You must keep confidential all Confidential Information
disclosed to you, except where the recipient of Confidential
Information is required to disclose the Confidential Information by law
to any regulatory, governmental or other authority with relevant powers
to which either party is subject.
9.2 You may disclose Confidential Information to those of your
employees and agents who have a need to know the Confidential
Information for the purposes of this Agreement but only if the employee
or agent is bound by confidentiality undertakings equivalent to those
set out in this Agreement.
9.3 You agree to destroy or return all documents and other materials
containing Confidential Information immediately upon completion of the
Services or termination or expiry of this Agreement.
9.4 The obligations of confidentiality under this Agreement do not
extend to information that: (i) was rightfully in your possession
before the negotiations leading to this Agreement; (ii) is, or after
the Effective Date, becomes public knowledge (otherwise than as a
result of a breach of this Agreement); or (iii) is lawfully disclosed
to you by a third party without restriction on disclosure; or (iv) is
independently developed by you, which independent development can be
shown by written evidence; or (v) is required by law to be disclosed.
9.5 If you are required to disclose any Confidential Information
pursuant to clause 9.4(v) you shall, where lawfully permitted to do so:
(i) promptly consult with and take into account any comments from us
prior to making any disclosure; and (ii) work us to ensure that any
exemptions or other legitimate means of preventing disclosure or
limiting disclosure are used to the fullest extent possible.
9.6 You may print and download Content for your own use on the
following basis: (i) no documents or related graphics are modified in
any way; (ii) no graphics are used separately from accompanying text;
and (iii) our copyright and trademark notices and this permission
notice appear in all copies of Content. If you breach any terms of this
clause 9.6, your permission to use the Services automatically
terminates and you must immediately destroy any downloaded or printed
Content and remove any such Content from other electronically held
systems including other websites. Other than permitted in this clause
9.6, no part of the Content may be reproduced or stored in any other
website or included in any public or private electronic retrieval
system or service without our prior written permission.
9.7 Other than any personal data that you provide to us when using the
Services and save where we require you to provide specific
authorisation within the Services for the use of information or
material you provide, any material you transmit or post in the Services
will be considered non-confidential and non-proprietary. We have no
obligations with respect to such material. We, our agents and other
users of the Services will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data images,
sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes, as will other users subject to
the provisions of clause 9.6.
9.8 We may require the removal of any material, in whole or in part,
uploaded to the Services where such material is, in our view, likely to
fall within the provisions of clause 9.9, or which may cause damage to
our reputation. We therefore reserve the right to edit and/or remove,
in whole or in part, any material uploaded to the Services without
notice.
9.9 You are prohibited from posting or transmitting to or from the
Services any material: (i) that is threatening, defamatory, obscene,
indecent, seditious, offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may
cause annoyance or inconvenience; (ii) for which you have not obtained
all necessary licences; or (iii) which constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the
rights of any third party, in the UK or any other country in the world;
or (iv) which is technically harmful (including without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
data).
9.10 You may not misuse the Services (including without limitation by
hacking).
9.11 We will fully co-operate with any law enforcement authorities or
court order requesting or directing us to disclose the identity or
locate anyone posting any material in breach of clauses 9.9 and 9.10.
9.12 We, and our officers, directors, employees, shareholders, or
agents do not accept any liability for the use made by you of any
Content.
10. Data Protection
10.1 Each party undertakes to comply with its obligations under
relevant applicable data protection laws, principles and agreements.
10.2 To the extent that personal data is processed when you or
Authorised Users use the Services, the parties acknowledge that we are
a data processor and you are a data controller and the parties shall
comply with their respective obligations under applicable data
protection law and the terms of the DPA.
10.3 Any personal data that you provide to us during registration or
when ordering or using the Services (such as your email address) shall
be collected and processed by us in accordance with the Privacy Policy.
10.4 If a third party alleges infringement of its data protection
rights, we shall be entitled to take measures necessary to prevent the
infringement of a third party's rights from continuing.
11. Warranties
11.1 Each party warrants and represents that: (i) it has full corporate
power and authority to enter into this Agreement and to perform the
obligations required hereunder; (ii) the execution and performance of
its obligations under this Agreement does not violate or conflict with
the terms of any other agreement to which it is a party and is in
accordance with any applicable laws; and (iii) it shall respect all
applicable laws and regulations, governmental orders and court orders,
which relate to this Agreement.
11.2 We warrant to you that: (i) we have the right to license the
Services: (ii) the Services shall be performed with reasonable skill
and care and in a professional manner in accordance with good industry
practice; (iii) that use of the Services will not infringe the
Intellectual Property Rights of any third party. The foregoing
warranties shall not: (a) cover deficiencies or damages relating to any
third-party components not furnished by us; or (b) any third party
provided connectivity necessary for the provision or use of the
Services. In the event of a breach of the warranties under this clause
11.2, we shall have no liability or obligations to you other than to
reimburse the Fees for the Services.
11.3 No warranty is made regarding the results of usage of the Services
or that the functionality of the Services will meet the requirements of
you or that the Services will operate uninterrupted or error free. This
clause shall survive the termination of this Agreement.
11.4 You acknowledges that Services should not be used for high-risk
applications where precise locations or features on maps are essential
to you.
11.5 All Content provided via the Services, is provided "as is" and we
do not warrant the accuracy and completeness of the Content contained
within the Services, or the authenticity of data images, sounds, text
and other things which are uploaded to the Services by third parties.
We may make changes to the Content or to the products and prices
described in the Services at any time without notice. The Content in
the Services may be out of date, and we make no commitment to update
Content. The Content of the Services should only be used for
information purposes, and you should not rely on it to make or refrain
from making any decision or take or refrain from taking any action. We
provide no warranties in relation to Content and shall have no
liability whatsoever to you for its use or reliance upon any Content.
11.6 You warrant that you rightfully own the necessary user rights,
copyrights and ancillary copyrights and permits required for you to
fulfil your obligations under this Agreement.
11.7 You shall ensure that your network and systems comply with the
relevant Operating Rules provided by us from time to time and that it
is solely responsible for procuring and maintaining its network
connections and telecommunications links from your systems to our data
centres and all problems, conditions, delays, delivery failures and all
other loss or damage arising from or relating to your network
connections or telecommunications links or caused by the Internet.
11.8 Except as expressly stated in this Agreement, all warranties and
conditions, whether express or implied by statute, common law or
otherwise (including but not limited to satisfactory quality and
fitness for purpose), are hereby excluded to the fullest extent
permitted by law.
12. Liability
12.1 Neither party excludes or limits its liability for: (i) fraud;
(ii) death or personal injury caused by any negligent act or omission
in connection with the provision or use of the Services; (iii) wilful
misconduct; or (iv) anything which cannot lawfully be limited or
excluded by applicable law.
12.2 Neither party shall be liable for any Consequential Loss arising
out of or related to this Agreement or in tort (including negligence or
breach of statutory duty), misrepresentation or however arising, even
if the party was advised of the possibility of such damages.
12.3 Subject to clauses 12.1 to 12.3 inclusive the total liability of
us to you in aggregate (whether in contract, tort or otherwise) for any
and all claims relating to or arising under this Agreement or based
upon any claim for indemnity or contribution shall be limited to the
total Fees (excluding all taxes) paid by you to us during the 12 month
period prior to the date on which any such claim arose. If the duration
of the Agreement has been less than 12 months, such shorter period
shall apply.
12.4 Subject to clause 4.2, you shall be liable for any breaches of
this Agreement caused by the acts, omissions or negligence of any
Authorised Users who access the Services as if such acts, omissions, or
negligence had been committed by you.
12.5 The parties acknowledge and agree that in entering into this
Agreement, each had recourse to its own skill and judgement and have
not relied on any representation made by the other, their employees or
agents.
13. Indemnity
13.1. You agree to fully indemnify, defend and hold us, and our
officers, directors, employees, agents and suppliers, harmless on
demand, from and against all claims, liability, damages, fines, losses,
costs and expenses, including reasonable legal fees, arising out of:
(i) any breach of a third party's rights caused by you (or where you
are a Group User, by any Authorised User's) use of the Services in
breach of the terms of this Agreement; or (ii) any other liabilities
arising out of your or an Authorised User's use of the Services; or
(ii) use by any third party accessing the Services using your logins or
passwords.
14. Links to and from other websites
14.1. We are not responsible for the content of any websites linked to
the Services. We provide these links solely for convenience. If you use
these links, you leave our Website. We have not reviewed all of these
third-party websites and do not control and are not responsible for
these websites or their content or availability. We therefore do not
endorse or make any representations about them, or any material found
there, or any results that may be obtained from using them. If you
decide to access any of the third-party websites linked to the
Services, you do so entirely at your own risk.
14.2 If you would like to link to our Services you may do so on the
basis that you link to, but do not replicate, the home page of our
Website and subject to the following conditions: (i) you do not remove,
distort, or otherwise alter the size or appearance of our logos; (ii)
you do not create a frame or any other browser or border environment
around our Website; (iii) you do not in any way imply that we are
endorsing any products or services other than our own; (iv) you do not
misrepresent your relationship with us nor present any other false
information about us; (iv) you do not otherwise use any Languagenut.com
trademarks displayed on the Website, without express written permission
from us; (v) you do not link from a website that is not owned by you;
and (vi) your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property rights
or other rights of any other person or otherwise does not comply with
all applicable laws and regulations.
14.3 We expressly reserve the right to revoke the rights granted in
clause 14.2 for any breach of this Agreement and reserve the right to
take any action that we deem appropriate for such breach.
15. Termination
15.1 We may immediately terminate this Agreement or the provision of
any Services provided pursuant to this Agreement if: (i) you have used
or permitted the use of the Services other than in accordance with this
Agreement; or (ii) we are prohibited under applicable law, or otherwise
from providing the Services.
15.2 Either party shall be entitled to terminate this Agreement on
written notice to the other party if the other party: (i) goes into
voluntary or involuntary liquidation (otherwise than for the purpose of
a solvent reconstruction or amalgamation) or has a receiver or
administrator or similar person appointed or is unable to pay its debts
within the meaning of s268 Insolvency Act 1986 or ceases or threatens
to cease to carry on business or if any event occurs which is analogous
to any of the foregoing in another jurisdiction; or (ii) commits a
material breach of any term of this Agreement which, if capable of
remedy, is not remedied within five (5) Business Days of receipt of a
written notice specifying the breach and requiring it to be remedied;
or (iii) is prevented by Force Majeure from fulfilling its obligations
for more than twenty eight (28) days.
15.3 Upon termination of this Agreement we shall immediately cease
providing the Services to you and all licences granted hereunder shall
terminate. No Fees already paid shall be refunded if the Agreement is
terminated prior to the end of the Term.
15.4 At your option and following receipt of a request from you, we
shall delete (in accordance with the terms of the DPA) or return all
personal data stored in our database in its then current format, free
of charge, provided that such request is made within 30 days of
termination. If you require any personal data to be returned in a
different format we reserve the right to charge for this additional
service on a time and materials basis.
15.5 Termination of this Agreement for whatever reason shall not affect
the accrued rights of the parties. All clauses which by their nature
should continue after termination shall, for the avoidance of doubt,
survive the expiration or sooner termination of this Agreement and
shall remain in force and effect.
16. Assignment
No party may assign or transfer its rights under this Agreement without
the prior written consent of the other party, such consent shall not be
unreasonably withheld, however we shall be entitled to assign the
Agreement to: (i) any company in our group of companies; or (ii) any
entity that purchases our shares or assets as the result of a merger,
takeover or similar event.
17. Force Majeure
If a party is wholly or partially prevented by Force Majeure from
complying with its obligations under this Agreement, then that party's
obligation to perform in accordance with this Agreement will be
suspended. As soon as practicable after an event of Force Majeure
arises, the party affected by Force Majeure must notify the other party
of the extent to which the notifying party is unable to perform its
obligations under this Agreement. If the Force Majeure event lasts for
more than 28 days, the non-defaulting party may terminate this
Agreement with immediate effect without penalty.
18. Miscellaneous
18.1 The parties are independent contractors and nothing in this
Agreement will be construed as creating an employer-employee
relationship.
18.2 Nothing contained in this Agreement or in any instrument or
document executed by any party in connection with the provision of the
Services is intended to be enforceable by a third party under the
Contracts (Rights of Third Parties) Act 1999, or any similar
legislation in any applicable jurisdiction.
18.3 Should a provision of this Agreement be invalid or become invalid
then the legal effect of the other provisions shall be unaffected. A
valid provision is deemed to have been agreed which comes closest to
what the parties intended commercially and shall replace the invalid
provision. The same shall apply to any omissions.
18.4 This Agreement constitutes the whole agreement and understanding
between the parties and supersedes all prior agreements,
representations, negotiations, and discussions between the parties
relating to the subject matter thereof.
18.5 In the event of any inconsistency between the content of the Terms
and Conditions, the DPA and the Privacy Policy, the Terms and
Conditions shall prevail followed by the DPA and then the Privacy
Policy.
18.6 Amendments to, or notices to be sent under this Agreement, shall
be in writing and shall be deemed to have been duly given if sent by
registered post to a party at the address given for that party in this
Agreement. Notwithstanding the aforesaid, we may change or modify the
terms of this Agreement upon giving you 30 days notice via email to the
email address used for billing purposes. All changes shall be deemed to
have been accepted by you unless you terminate the Agreement prior to
the expiry of the 30-day period.
18.5 This Agreement shall be governed by the laws of England and Wales.
The courts of England shall have exclusive jurisdiction for the
settlement of all disputes arising under this Agreement.
* T&Cs
* Privacy Policy
* FAQs

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seesaw_privacy.txt
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@ -2,236 +2,638 @@ SITE: seesaw_privacy
URL: https://web.seesaw.me/privacy-policy URL: https://web.seesaw.me/privacy-policy
1. Introduction 1. Introduction
Seesaw’s mission is to create an environment where students can be their best. Protecting your privacy is fundamental to our mission and business. This Privacy Policy governs the use of Personal Information collected by our websites at seesaw.me, the Seesaw Applications, and any other online or offline offerings (collectively “the Seesaw Service”, “the Service”, “Seesaw”, “we”, “us”, or “our”). This includes, for example, personally identifiable information that we collect when you create an account (“Account Information”), content added to class journals (“Journal Content”), activities teachers create (“Activities”), and messages (“Messages”) sent via Seesaw. Seesaw's mission is to create an environment where students can be
  their best. Protecting your privacy is fundamental to our mission and
In order to use Seesaw, you must create an account and agree to this Privacy Policy. If you don’t agree with this Privacy Policy, you cannot use Seesaw. You can contact us anytime with questions about this policy at privacy@seesaw.me. business. This Privacy Policy governs the use of Personal Information
  collected by our websites at seesaw.me, the Seesaw Applications, and
For purposes of this Privacy Policy, “Personal Information” means any information about an identifiable individual or information that can be used to identify an individual, and includes “Personal Data” as that term is defined under the European Union General Data Protection Regulation (“GDPR”). “Student Data” means any personal information, metadata, or content directly attributable to a student user. any other online or offline offerings (collectively "the Seesaw
  Service", "the Service", "Seesaw", "we", "us", or "our"). This
2. Changes to Our Privacy Policy includes, for example, personally identifiable information that we
  collect when you create an account ("Account Information"), content
Seesaw may from time to time make changes to this Privacy Policy to account for changes to our practices or applicable law. If we make changes to this Privacy Policy that materially affect your rights, we will notify you by email about these changes, and post a notice to our service, or otherwise contact you as required under applicable law. Your continued use of the Services following notification by Seesaw means you thereby agree to the new Privacy Policy. added to class journals ("Journal Content"), activities teachers create
  ("Activities"), and messages ("Messages") sent via Seesaw.
3. Seesaw and FERPA
  In order to use Seesaw, you must create an account and agree to this
Data collected by Seesaw includes Student Data from education records that are subject to the Family Educational Rights and Privacy Act, “FERPA”, (“FERPA Records”), including student names, parent or guardian (collectively, “Family Member”) names, Messages, and Journal Content. To the extent that Student Data includes FERPA Records, you designate Seesaw as a “School Official” (as that term is used in FERPA and its implementing regulations) under the direct control of the school with regard to the use and maintenance of the FERPA Records and Seesaw agrees to comply with FERPA. Privacy Policy. If you don't agree with this Privacy Policy, you cannot
  use Seesaw. You can contact us anytime with questions about this policy
4. Seesaw and COPPA at privacy@seesaw.me.
 
The Children’s Online Privacy Protection Act protects personal information belonging to a child younger than 13. How we collect information from users under 13, the types of information we collect, and the reasons for collecting this information are described in Sections 7, 8, and 9, respectively. We do not require users younger than 13 to disclose more information than is reasonably necessary to use the Services. For purposes of this Privacy Policy, "Personal Information" means any
  information about an identifiable individual or information that can be
We use a handful of analytics providers in relation to all users, including users under 13, to help us improve the Services. These third-party service providers do not use your data for any purpose other than to provide the Services. You can view a list of Seesaw’s third-party service providers and review their privacy policies here: https://seesaw.com/subprocessor. If you have questions about our third-party service providers, you can contact us at privacy@seesaw.me. used to identify an individual, and includes "Personal Data" as that
  term is defined under the European Union General Data Protection
Information for parents or guardians on how to correct, edit, download, update, or delete data about your student can be found in Sections 17 and 18 below. Regulation ("GDPR"). "Student Data" means any personal information,
  metadata, or content directly attributable to a student user.
5. Who does Seesaw collect information from?
  2. Changes to Our Privacy Policy
We collect information from individuals who create accounts on Seesaw, which includes teachers, students, and Family Members. We also collect limited log data from all visitors to our marketing website.
  Seesaw may from time to time make changes to this Privacy Policy to
6. How does Seesaw obtain my information? account for changes to our practices or applicable law. If we make
  changes to this Privacy Policy that materially affect your rights, we
We receive information from the information that you and others provide, from your device(s), and from third-party services. The categories of sources from which we’ve collected or received information include: will notify you by email about these changes, and post a notice to our
You: We collect the content, communications, and other information you provide when you use Seesaw. service, or otherwise contact you as required under applicable law.
Other people: We collect information that other people provide when they use Seesaw, such as when a teacher adds a parent’s phone number to send updates about a student’s work. Your continued use of the Services following notification by Seesaw
Your device(s): We collect information from and about the computers, phones, and other web-connected devices you use with Seesaw. means you thereby agree to the new Privacy Policy.
Third-Parties: When you create a Seesaw account using a third-party service (e.g. Google or Clever), we access the name, profile picture, and email address (if available) provided by these services.
7. What information does Seesaw collect? 3. Seesaw and FERPA
 
Account Information: When you create an account on Seesaw we collect your name, email address, password, and optional profile picture. Seesaw may also collect your phone number if you enter it in your Account Settings. Teachers using Seesaw may add a Family Member’s email or phone number to Seesaw in order to send messages or updates about school work. We do not collect student phone numbers. Data collected by Seesaw includes Student Data from education records
Students are not permitted to create an account by themselves but must be invited to a Seesaw class by a teacher or school administrator. Where students have permission to use Seesaw, Seesaw collects personally identifiable information that is necessary to provide the Service, including a student’s name, email address, and optional profile picture. This information may be entered by a teacher or the student or populated from the student’s account with a third-party sign-in service, such as their Google account. that are subject to the Family Educational Rights and Privacy Act,
  "FERPA", ("FERPA Records"), including student names, parent or guardian
Users can make changes to their profile, messaging preferences, and other account details in Account Settings. (collectively, "Family Member") names, Messages, and Journal Content.
  To the extent that Student Data includes FERPA Records, you designate
Journal Content: Seesaw collects content that is added to a class or student journal. This content may include photos, audiovisual content (including from your device’s camera, microphone, or photo/video library), drawings, files, notes, hyperlinks, and other ways of documenting student learning. We regularly add types of information that can be uploaded to a Journal, and these are all covered by this Policy. We also collect comments on posts in the class and student journals, including text and voice recordings. Journal Content that is uploaded by a student or teacher may be considered a student education record as defined by FERPA. Seesaw as a "School Official" (as that term is used in FERPA and its
  implementing regulations) under the direct control of the school with
Messages: Seesaw collects all messages that are sent and received in Seesaw. Messages may include text, audio, video, photos, drawings, files, notes, hyperlinks, or other information. regard to the use and maintenance of the FERPA Records and Seesaw
Activities: Teachers may use Seesaw to create activities to use with their students. Activities may include text or voice instructions for how to complete the activity, an example of a correct response, or a template for students to edit. agrees to comply with FERPA.
 
Activity Author Profiles: Teachers who choose to publish their activities to the Community Activity Library or the Activity Library managed by their school or district can also create an Activity Author Profile. This includes the name and profile picture they choose to publish on their Author Profile, as well as their school name and location. 4. Seesaw and COPPA
 
Communications: Seesaw collects any information you send to us directly, such as email, phone, or chat communications, or through your responses to our optional surveys. The Children's Online Privacy Protection Act protects personal
Information from your Google Account or other Third-Party Sign-in Service: Seesaw allows school administrators, teachers, Family Members, and students (after being invited by a teacher) to sign up for and log into our service using a Google or Clever Account. Teachers can also create student accounts on behalf of students in their class. When you create a Seesaw account using one of these Third-Party Services, we use the name, profile picture, and email address (if available) provided by these services. Seesaw does not share your information with these services. information belonging to a child younger than 13. How we collect
  information from users under 13, the types of information we collect,
Log Data: When you use Seesaw or visit our website, we receive log data such as your IP address, cookie identifiers, browser type, operating system, device information and identifiers, and your mobile carrier. In addition, we may receive or collect additional information such as the referring web page, referring search terms, pages visited, and other information about your interactions with Seesaw. and the reasons for collecting this information are described in
  Sections 7, 8, and 9, respectively. We do not require users younger
8. How does Seesaw use this information? than 13 to disclose more information than is reasonably necessary to
We use this information to: use the Services.
Allow you to access and use the Service by verifying your identity and storing your Journal Content, Activities, and Messages.
Provide support to teachers, school administrators, and Family Members. We use a handful of analytics providers in relation to all users,
Provide school administrators with information about how Seesaw is performing in their school(s). including users under 13, to help us improve the Services. These
If you’ve enabled notifications, notify you about activity on and updates to your account or your student’s account. third-party service providers do not use your data for any purpose
Research, understand, and analyze user trends to improve and develop new features for our products. other than to provide the Services. You can view a list of Seesaw's
Promote and advertise the Services and enhancements to Seesaw relevant for teachers, schools, and families. third-party service providers and review their privacy policies here:
Investigate, prevent, and detect activities on our service that we believe may violate the law, applicable regulations, or Seesaw policies. We may, at the request of a school, investigate accounts to determine whether they comply with school policies. https://seesaw.com/subprocessor. If you have questions about our
You can withdraw consent for the collection of your Personal Information at any time, but you will no longer be able to use Seesaw. third-party service providers, you can contact us at privacy@seesaw.me.
 
9. Does seesaw allow third-party advertising or share data for advertising third-party products? Information for parents or guardians on how to correct, edit, download,
  update, or delete data about your student can be found in Sections 17
No. Our business model is straightforward: we charge for optional, additional features on top of our free product and we have no interest in advertising third-party products or services within Seesaw. We never display third-party ads, share data for advertising or marketing third-party products or services, or allow data collection by third-party advertisers or data brokers to use for their own purposes. and 18 below.
 
We also do not allow in-app purchases for student accounts. 5. Who does Seesaw collect information from?
 
10. In what limited circumstances may seesaw need to share my information? We collect information from individuals who create accounts on Seesaw,
  which includes teachers, students, and Family Members. We also collect
We share data with third parties in the limited circumstances detailed below: limited log data from all visitors to our marketing website.
We use a small number of third-party service providers in order to operate and improve Seesaw – for example, a data center operator that manages our servers or a notification service that helps us send you messages about your account. These services need access to your Personal Information in order to work (i.e. your email address is required to send you an email), but are contractually obligated to meet our strict security standards, maintain the accuracy of the data they collect, and must only use Personal Information in identifiable form for purposes of providing the Seesaw service. When these third-party services transfer the Personal Information (Personal Data, as that term is defined in the GDPR) of EU, UK, or Swiss residents, we take steps to comply with the GDPR in order to protect your data privacy and security. A list of our third-party service providers can be found 
here 6. How does Seesaw obtain my information?
.
We may provide school administrators with information about how Seesaw is performing in their school(s). We receive information from the information that you and others
Seesaw may disclose your information to a third party to comply with applicable laws or regulations, or a valid legal request – including to meet national security or law enforcement requirements. If we are compelled to release your data, we will do our best to provide you with advance notice by email, unless we are prohibited from doing so by law. provide, from your device(s), and from third-party services. The
Seesaw may disclose student Account Information, Journal Content, and Messages to the child’s school or district upon request, including as required by FERPA. categories of sources from which we've collected or received
By default, Activities teachers create are private to their account. Optionally, teachers may choose to publish Activities they create to the Community Activity Library or the Activity Library managed by their school or district. In these cases, the activity and the teacher’s Activity Author Profile will be shared publicly (in the case of the Community Library) or with other teachers at their school or district. No student responses to Activities are ever shared in the Community Activity Library or the school or district Activity Library. information include:
We may share activities published to the public Community Activity Library with teachers who we think may be interested in using them with their class. * You: We collect the content, communications, and other information
We may disclose or transfer your Account Information and Journal Content in connection with the sale, merger, bankruptcy, sale of assets, or reorganization of our company. You will be notified via email or some other means as required by law of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your information (including the right to delete your information). The promises in this Privacy Policy will apply to your data as transferred to the new entity. If Seesaw goes out of business without a successor, Seesaw will delete your information. you provide when you use Seesaw.
  * Other people: We collect information that other people provide when
11. Do you collect data about [blank]? they use Seesaw, such as when a teacher adds a parent's phone
  number to send updates about a student's work.
We’ve listed all the data we collect in Section 8 above (“What Information Does Seesaw Collect?”). We intentionally limit our data collection to only what we need to provide the Seesaw service for you. * Your device(s): We collect information from and about the
  computers, phones, and other web-connected devices you use with
12. Who can view content posted in Seesaw? Seesaw.
  * Third-Parties: When you create a Seesaw account using a third-party
Student work is private to the classroom by default. Users cannot view a student’s Journal Content or Messages in Seesaw unless they are the teacher or school administrator or invited to Seesaw by the teacher or school administrator. Teachers control who can access a student’s account by authorizing specific people to connect to that student’s account. Teachers decide whether families can view, like, share, or comment on their student’s work and whether students can view, like, and comment on classmates’ work. Teachers can turn on settings that require teacher approval of student work, allowing teachers to moderate and, when necessary, remove content shared by students before it is posted. Teachers may also choose to publish some class content to a public class web page managed by Seesaw. In addition to controlling what student work is published, teachers have the option to password protect the public class web page. service (e.g. Google or Clever), we access the name, profile
  picture, and email address (if available) provided by these
Teachers also control whether or not students or Family Members can save Seesaw content to their device or get a link to specific Journal Content. However, Seesaw cannot prevent all forms of sharing (e.g. by taking a screenshot and posting to social media), so it is important that teachers only grant access to authorized parties and discuss their policies with families. services.
School administrators can access all Journal Content and Messages shared in their Seesaw organization, including Messages that have been edited or deleted.
  7. What information does Seesaw collect?
13. Do you work with third-party analytics services?
  Account Information: When you create an account on Seesaw we collect
Seesaw is constantly improving, and we use aggregate data about how Seesaw is used — for example what buttons you click on or what pages you visit — to inform those decisions. your name, email address, password, and optional profile picture.
To help us analyze this data, we use a small number of third-party services such as Google Analytics. For more information, please visit Google’s Privacy Policy. To learn more about how to opt out of Google Analytics’ use of your information, please click here. Seesaw may also collect your phone number if you enter it in your
  Account Settings. Teachers using Seesaw may add a Family Member's email
14. How do you use cookies? or phone number to Seesaw in order to send messages or updates about
  school work. We do not collect student phone numbers.
Cookies are small text files that we transfer to your web browser that allow us to identify your web browser and store information about your account. We use these cookies to keep you logged into Seesaw, customize your Seesaw experience, understand how you use Seesaw, and promote Seesaw to relevant teachers and schools. You can choose to remove or disable cookies via your browser settings. Please be aware that Seesaw may not work properly if you disable or decline all cookies. Students are not permitted to create an account by themselves but must
  be invited to a Seesaw class by a teacher or school administrator.
15. How does Seesaw handle abandoned accounts? Where students have permission to use Seesaw, Seesaw collects
  personally identifiable information that is necessary to provide the
Seesaw reserves the right to permanently delete accounts that have not been accessed by the account holder for a period of more than one year. Seesaw will permanently delete an account that has not been accessed by the account holder for more than seven years, except where we are required to keep the information for legal or compliance purposes. Prior to permanently deleting an abandoned account, Seesaw will attempt to notify the account holder by email. Service, including a student's name, email address, and optional
  profile picture. This information may be entered by a teacher or the
16. How to View, Correct, Edit, Export, or Update Your Personal Information student or populated from the student's account with a third-party
  sign-in service, such as their Google account.
You have the right to access, correct, or download for transport to a similar service any of your Personal Information collected by Seesaw, where permitted under applicable law. If you are an administrator, teacher, or Family Member you can update the information associated with your Seesaw account directly by logging into your Seesaw account and viewing the Account Settings tab on your profile. If you are a parent or guardian and want to correct, edit, download, or update information about your child, please work directly with your teacher or school, or you can contact us at 
privacy@seesaw.me Users can make changes to their profile, messaging preferences, and
. other account details in Account Settings.
 
17. Account Suspension And Termination Journal Content: Seesaw collects content that is added to a class or
  student journal. This content may include photos, audiovisual content
If you would like to delete your Seesaw account or delete your child’s Seesaw account,  (including from your device's camera, microphone, or photo/video
follow these steps library), drawings, files, notes, hyperlinks, and other ways of
 or contact privacy@seesaw.me. If you request that your account or any content submitted to Seesaw be deleted, Seesaw may still retain information as needed to provide customer support and prevent accidental deletion, or as required or permitted by law. If you terminate your account, all of your data will be unavailable to you immediately, but be aware that Messages and Journal Content with others in which you participated will remain available to those other users. documenting student learning. We regularly add types of information
  that can be uploaded to a Journal, and these are all covered by this
If your school or district has purchased Seesaw for Schools and the school or district ends their contract with Seesaw and requests deletion of accounts, we will attempt to notify impacted users by email or another method and provide the option for users to establish or maintain an account with Seesaw for the purpose of storing student-generated content. Policy. We also collect comments on posts in the class and student
  journals, including text and voice recordings. Journal Content that is
If you are a teacher or school administrator within the US, please be aware that FERPA requires Seesaw to retain student education records once a valid request to inspect those records has been made. uploaded by a student or teacher may be considered a student education
  record as defined by FERPA.
18. How does seesaw keep your data safe?
  Messages: Seesaw collects all messages that are sent and received in
Seesaw takes protecting your security and privacy seriously and we’ve put a number of measures in place to protect the integrity of your information, including the use of access-controlled data centers, routine 3rd party security audits, restricted employee access to user information, and data encryption in transit. For more information, please read this article. Seesaw. Messages may include text, audio, video, photos, drawings,
  files, notes, hyperlinks, or other information.
In the event of a security breach, Seesaw will notify affected account holders within the amount of time required by law so that you can take steps to keep your data safe. Activities: Teachers may use Seesaw to create activities to use with
  their students. Activities may include text or voice instructions for
19. How does seesaw handle data from international visitors? how to complete the activity, an example of a correct response, or a
  template for students to edit.
This section applies to schools and users in the EEA or UK.
  Activity Author Profiles: Teachers who choose to publish their
Seesaw has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of Personal Information received from the European Union or European Economic Area (“EU/EEA”) in reliance on activities to the Community Activity Library or the Activity Library
the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Seesaw has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of Personal Information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework program, and to view our certification, please visit managed by their school or district can also create an Activity Author
www.dataprivacyframework.gov Profile. This includes the name and profile picture they choose to
. publish on their Author Profile, as well as their school name and
Seesaw is responsible for the processing of Personal Information it receives, under each Data Privacy Framework and subsequently onward transfers to third parties to perform processing functions or to provide services on our behalf. Seesaw remains responsible and liable under the Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Seesaw proves that it is not responsible for the event giving rise to the damage. location.
Seesaw has further committed to cooperate and comply respectively with the advice of the EU/EEA data protection authorities (collectively “EU DPAs”); the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA); and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved privacy or Personal Information use concerns.
Additionally, Seesaw is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission for compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. As further explained on the Data Privacy Framework program website at Communications: Seesaw collects any information you send to us
www.dataprivacyframework.gov directly, such as email, phone, or chat communications, or through your
, you may also invoke binding arbitration when other dispute resolution procedures have been exhausted. responses to our optional surveys.
Finally, in compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Seesaw Learning, Inc. commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to BBB National Programs DPF Services, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please contact  Information from your Google Account or other Third-Party Sign-in
https://bbbprograms.org/programs/all-programs/dpf-consumers Service: Seesaw allows school administrators, teachers, Family Members,
for more information or to file a complaint. The services of BBB National Programs DPF Services are provided at no cost to you. and students (after being invited by a teacher) to sign up for and log
20. Does seesaw comply with your state’s laws? into our service using a Google or Clever Account. Teachers can also
  create student accounts on behalf of students in their class. When you
In accordance with applicable privacy law, you have some or all of the following rights in respect of your Personal Information that we hold. create a Seesaw account using one of these Third-Party Services, we use
If you are in the EEA or UK: the name, profile picture, and email address (if available) provided by
Right of access these services. Seesaw does not share your information with these
. You have the right to obtain. services.
confirmation of whether, and where, we are processing your Personal Information;
information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods; Log Data: When you use Seesaw or visit our website, we receive log data
information about the categories of recipients with whom we may share your Personal Information; and such as your IP address, cookie identifiers, browser type, operating
a copy of the Personal Information we hold about you. system, device information and identifiers, and your mobile carrier. In
Right of portability. addition, we may receive or collect additional information such as the
You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your Personal Information to another person. referring web page, referring search terms, pages visited, and other
Right to rectification. information about your interactions with Seesaw.
You have the right to obtain rectification of any inaccurate or incomplete Personal Information we hold about you without undue delay.
Right to erasure. 8. How does Seesaw use this information?
You have the right, in some circumstances, to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified. We use this information to:
Right to restriction. * Allow you to access and use the Service by verifying your identity
You have the right, in some circumstances, to require us to limit the purposes for which we process your Personal Information if the continued processing of the Personal Information in this way is not justified, such as where the accuracy of the Personal Information is contested by you. and storing your Journal Content, Activities, and Messages.
Right to withdraw consent. * Provide support to teachers, school administrators, and Family
If you have provided consent for the processing of your Personal Information, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your Personal Information before your withdrawal. Members.
You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason. * Provide school administrators with information about how Seesaw is
You can also opt out of sharing your personal data with third parties (other than parties that provide services to us as our agents or processors) or before we use it for a purpose other than that for which it was originally collected or subsequently authorised. performing in their school(s).
If you are in Australia: * If you've enabled notifications, notify you about activity on and
Right of access. updates to your account or your student's account.
You have the right to request access to Personal Information we hold about you. * Research, understand, and analyze user trends to improve and
If you wish to access any of your personal information that you have provided to us, please contact us using the details set out in Section 22 ‘How to contact us’. develop new features for our products.
Right to rectification or correction and notification to third parties. * Promote and advertise the Services and enhancements to Seesaw
You have the right to request the correction of personal information we hold about you. You also have the right to have any correction notified to third parties to whom we have provided your personal information. relevant for teachers, schools, and families.
Right to opt out * Investigate, prevent, and detect activities on our service that we
: You have the right to opt out of receiving marketing and to the disclosure or use of your personal information for marketing. believe may violate the law, applicable regulations, or Seesaw
Seesaw will take reasonable steps to ensure that your personal information is accurate, up to date, complete and not misleading. However, to assist us to do this, we request that you keep your personal information up to date on the Seesaw Service or inform us of any changes to your Personal Information to ensure our records remain accurate and current. policies. We may, at the request of a school, investigate accounts
If you believe that any of your Personal Information held by us is incorrect and you cannot amend such in the Seesaw Service then please request us to amend that Personal Information via the details in the section headed “How to Contact us” above. to determine whether they comply with school policies.
If you are in New Zealand:
Right of access. You can withdraw consent for the collection of your Personal
You have the right to request access to Personal Information we hold about you. Information at any time, but you will no longer be able to use Seesaw.
If you wish to access any of your personal information that you have provided to us, please contact us using the details set out in Section 22 ‘Contact Information’.
Right to rectification or correction. 9. Does seesaw allow third-party advertising or share data for
You have the right to request the correction of personal information we hold about you. advertising third-party products?
Right to opt-out.
You have the right to opt-out of marketing. You can contact us to do so or use the unsubscribe mechanism included in each electronic direct marketing message we send to you. No. Our business model is straightforward: we charge for optional,
Seesaw will take reasonable steps to ensure that your personal information is accurate, up to date, complete and not misleading. However, to assist us to do this, we request that you keep your personal information up to date on the Seesaw Service or inform us of any changes to your Personal Information additional features on top of our free product and we have no interest
to ensure our records remain accurate and current. in advertising third-party products or services within Seesaw. We never
If you believe that any of your Personal Information held by us is incorrect and you cannot amend such in the Seesaw Service then please request us to amend that Personal Information via the details in the section headed “How to Contact us” above. display third-party ads, share data for advertising or marketing
How to exercise any of the above rights third-party products or services, or allow data collection by
If you wish to exercise one of the rights, please contact us using the contact details set out in the “How to contact us” section above. Due to the confidential nature of data processing, we may ask you to third-party advertisers or data brokers to use for their own purposes.
confirm your identity when exercising the above rights.
If you contact us to exercise rights on behalf of your child, we will assess whether your child is competent to exercise those rights themselves based on their age. In accordance with guidance from the Information Commissioner’s Office, we will normally assume that children aged 12 or over are able We also do not allow in-app purchases for student accounts.
to exercise the rights mentioned above. Where that is the case, we may ask you to provide authorisation from your child to exercise their rights on their behalf.
Complaints 10. In what limited circumstances may seesaw need to share my
Information for schools and users in the EEA or UK information?
If you are in the UK or EEA, you also have the right to lodge a complaint to your local data protection authority. If you are in the UK, information about how to contact your local data protection authority is available
here * We share data with third parties in the limited circumstances
. If you are in the European Economic Area, information about how to contact your local detailed below:
data protection authority is available * We use a small number of third-party service providers in order to
here operate and improve Seesaw - for example, a data center operator
and that manages our servers or a notification service that helps us
here send you messages about your account. These services need access to
(if you are in Switzerland). your Personal Information in order to work (i.e. your email address
Information for schools and users in Australia is required to send you an email), but are contractually obligated
If you are in Australia, if you have any concerns about how we handle your personal information, believe we have breached the Privacy Act 1988 or any Australian Privacy Principles, if you wish to make a complaint or need further information, please contact us via the details noted in Section 22 ‘Contact Information’. You will need to provide us with sufficient detail regarding your complaint and any supporting evidence. to meet our strict security standards, maintain the accuracy of the
We will investigate the issue and determine the steps to be taken to resolve the complaint and will notify you in writing if we require any additional information and also of the outcome of our investigation. data they collect, and must only use Personal Information in
If you are not happy with the outcome of our investigation, you may complain to the Office of the Australian Information Commissioner by way of their website www.oaic.gov.au or by phone to their hotline 1300 363 992. identifiable form for purposes of providing the Seesaw service.
If you are using the Seesaw Service through a school, for complaints about how your Personal Information is being handled by your school we recommend that you first refer your complaint to the relevant school and note their contact details should be included in that school’s privacy policy. When these third-party services transfer the Personal Information
Information for schools and users in New Zealand (Personal Data, as that term is defined in the GDPR) of EU, UK, or
If you have any concerns about how we handle your personal information, believe we have breached the Privacy Act 2020 or any of the New Zealand Information Privacy Principles, if you wish to make a complaint or if you need further information, please contact us via the details noted in Section 22 ‘Contact Information’. You will need to provide us with sufficient detail regarding your complaint and any supporting evidence. Swiss residents, we take steps to comply with the GDPR in order to
We will investigate the issue and determine the steps to be taken to resolve the complaint. We will notify you in writing if we require any additional information and also of the outcome of our investigation. protect your data privacy and security. A list of our third-party
If you are not happy with the outcome of our investigation, you may complain to the Office of the Privacy Commissioner by way of their website service providers can be found here.
www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/. * We may provide school administrators with information about how
If you are using the Seesaw Service through a school, for complaints about how your Personal Information is being handled by your school, we recommend you first refer to the relevant school’s privacy policy. Seesaw is performing in their school(s).
21. Rights Of California And Nevada Residents * Seesaw may disclose your information to a third party to comply
  with applicable laws or regulations, or a valid legal request -
If you are a California resident, please see  including to meet national security or law enforcement
here requirements. If we are compelled to release your data, we will do
 for more information about our practices and your rights with respect to your information. our best to provide you with advance notice by email, unless we are
  prohibited from doing so by law.
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@seesaw.me with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below. * Seesaw may disclose student Account Information, Journal Content,
  and Messages to the child's school or district upon request,
22. Contact Information including as required by FERPA.
  * By default, Activities teachers create are private to their
If you have any questions or feedback about this Privacy Policy, please contact privacy@seesaw.me. account. Optionally, teachers may choose to publish Activities they
  create to the Community Activity Library or the Activity Library
You can reach Seesaw by mail at: managed by their school or district. In these cases, the activity
Seesaw Learning, Inc. and the teacher's Activity Author Profile will be shared publicly
548 Market St (in the case of the Community Library) or with other teachers at
PMB 98963 their school or district. No student responses to Activities are
San Francisco, CA 94104-5401 ever shared in the Community Activity Library or the school or
  district Activity Library.
Last Updated Oct 1, 2023 * We may share activities published to the public Community Activity
Library with teachers who we think may be interested in using them
with their class.
* We may disclose or transfer your Account Information and Journal
Content in connection with the sale, merger, bankruptcy, sale of
assets, or reorganization of our company. You will be notified via
email or some other means as required by law of any change in
ownership or uses of your Personal Information, as well as any
choices you may have regarding your information (including the
right to delete your information). The promises in this Privacy
Policy will apply to your data as transferred to the new entity. If
Seesaw goes out of business without a successor, Seesaw will delete
your information.
11. Do you collect data about [blank]?
We've listed all the data we collect in Section 8 above ("What
Information Does Seesaw Collect?"). We intentionally limit our data
collection to only what we need to provide the Seesaw service for you.
12. Who can view content posted in Seesaw?
Student work is private to the classroom by default. Users cannot view
a student's Journal Content or Messages in Seesaw unless they are the
teacher or school administrator or invited to Seesaw by the teacher or
school administrator. Teachers control who can access a student's
account by authorizing specific people to connect to that student's
account. Teachers decide whether families can view, like, share, or
comment on their student's work and whether students can view, like,
and comment on classmates' work. Teachers can turn on settings that
require teacher approval of student work, allowing teachers to moderate
and, when necessary, remove content shared by students before it is
posted. Teachers may also choose to publish some class content to a
public class web page managed by Seesaw. In addition to controlling
what student work is published, teachers have the option to password
protect the public class web page.
Teachers also control whether or not students or Family Members can
save Seesaw content to their device or get a link to specific Journal
Content. However, Seesaw cannot prevent all forms of sharing (e.g. by
taking a screenshot and posting to social media), so it is important
that teachers only grant access to authorized parties and discuss their
policies with families.
School administrators can access all Journal Content and Messages
shared in their Seesaw organization, including Messages that have been
edited or deleted.
13. Do you work with third-party analytics services?
Seesaw is constantly improving, and we use aggregate data about how
Seesaw is used -- for example what buttons you click on or what pages
you visit -- to inform those decisions.
To help us analyze this data, we use a small number of third-party
services such as Google Analytics. For more information, please visit
Google's Privacy Policy. To learn more about how to opt out of Google
Analytics' use of your information, please click here.
14. How do you use cookies?
Cookies are small text files that we transfer to your web browser that
allow us to identify your web browser and store information about your
account. We use these cookies to keep you logged into Seesaw, customize
your Seesaw experience, understand how you use Seesaw, and promote
Seesaw to relevant teachers and schools. You can choose to remove or
disable cookies via your browser settings. Please be aware that Seesaw
may not work properly if you disable or decline all cookies.
15. How does Seesaw handle abandoned accounts?
Seesaw reserves the right to permanently delete accounts that have not
been accessed by the account holder for a period of more than one year.
Seesaw will permanently delete an account that has not been accessed by
the account holder for more than seven years, except where we are
required to keep the information for legal or compliance purposes.
Prior to permanently deleting an abandoned account, Seesaw will attempt
to notify the account holder by email.
16. How to View, Correct, Edit, Export, or Update Your Personal
Information
You have the right to access, correct, or download for transport to a
similar service any of your Personal Information collected by Seesaw,
where permitted under applicable law. If you are an administrator,
teacher, or Family Member you can update the information associated
with your Seesaw account directly by logging into your Seesaw account
and viewing the Account Settings tab on your profile. If you are a
parent or guardian and want to correct, edit, download, or update
information about your child, please work directly with your teacher or
school, or you can contact us at privacy@seesaw.me.
17. Account Suspension And Termination
If you would like to delete your Seesaw account or delete your child's
Seesaw account, follow these steps or contact privacy@seesaw.me. If you
request that your account or any content submitted to Seesaw be
deleted, Seesaw may still retain information as needed to provide
customer support and prevent accidental deletion, or as required or
permitted by law. If you terminate your account, all of your data will
be unavailable to you immediately, but be aware that Messages and
Journal Content with others in which you participated will remain
available to those other users.
If your school or district has purchased Seesaw for Schools and the
school or district ends their contract with Seesaw and requests
deletion of accounts, we will attempt to notify impacted users by email
or another method and provide the option for users to establish or
maintain an account with Seesaw for the purpose of storing
student-generated content.
If you are a teacher or school administrator within the US, please be
aware that FERPA requires Seesaw to retain student education records
once a valid request to inspect those records has been made.
18. How does seesaw keep your data safe?
Seesaw takes protecting your security and privacy seriously and we've
put a number of measures in place to protect the integrity of your
information, including the use of access-controlled data centers,
routine 3rd party security audits, restricted employee access to user
information, and data encryption in transit. For more information,
please read this article.
In the event of a security breach, Seesaw will notify affected account
holders within the amount of time required by law so that you can take
steps to keep your data safe.
19. How does seesaw handle data from international visitors?
This section applies to schools and users in the EEA or UK.
Seesaw has certified to the U.S. Department of Commerce that it adheres
to the EU-U.S. Data Privacy Framework Principles ("EU-U.S. DPF
Principles") with regard to the processing of Personal Information
received from the European Union or European Economic Area ("EU/EEA")
in reliance on
the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance
on the UK Extension to the EU-U.S. DPF. Seesaw has certified to the
U.S. Department of Commerce that it adheres to the Swiss-U.S. Data
Privacy Framework Principles ("Swiss-U.S. DPF Principles") with regard
to the processing of Personal Information received from Switzerland in
reliance on the Swiss-U.S. DPF. If there is any conflict between the
terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the
Swiss-U.S. DPF Principles, the Principles shall govern. To learn more
about the Data Privacy Framework program, and to view our
certification, please visit www.dataprivacyframework.gov.
Seesaw is responsible for the processing of Personal Information it
receives, under each Data Privacy Framework and subsequently onward
transfers to third parties to perform processing functions or to
provide services on our behalf. Seesaw remains responsible and liable
under the Principles if third-party agents that it engages to process
the personal data on its behalf do so in a manner inconsistent with the
Principles, unless Seesaw proves that it is not responsible for the
event giving rise to the damage.
Seesaw has further committed to cooperate and comply respectively with
the advice of the EU/EEA data protection authorities (collectively "EU
DPAs"); the UK Information Commissioner's Office (ICO) and the
Gibraltar Regulatory Authority (GRA); and the Swiss Federal Data
Protection and Information Commissioner (FDPIC) with regard to
unresolved privacy or Personal Information use concerns.
Additionally, Seesaw is subject to the investigatory and enforcement
powers of the U.S. Federal Trade Commission for compliance with the
EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S.
DPF. As further explained on the Data Privacy Framework program website
at
www.dataprivacyframework.gov, you may also invoke binding arbitration
when other dispute resolution procedures have been exhausted.
Finally, in compliance with the EU-U.S. DPF and the UK Extension to the
EU-U.S. DPF and the Swiss-U.S. DPF, Seesaw Learning, Inc. commits to
refer unresolved complaints concerning our handling of personal data
received in reliance on the EU-U.S. DPF and the UK Extension to the
EU-U.S. DPF and the Swiss-U.S. DPF to BBB National Programs DPF
Services, an alternative dispute resolution provider based in the
United States. If you do not receive timely acknowledgment of your DPF
Principles-related complaint from us, or if we have not addressed your
DPF Principles-related complaint to your satisfaction, please contact
https://bbbprograms.org/programs/all-programs/dpf-consumers for more
information or to file a complaint. The services of BBB National
Programs DPF Services are provided at no cost to you.
20. Does seesaw comply with your state's laws?
In accordance with applicable privacy law, you have some or all of the
following rights in respect of your Personal Information that we hold.
If you are in the EEA or UK:
Right of access. You have the right to obtain.
* confirmation of whether, and where, we are processing your Personal
Information;
* information about the categories of Personal Information we are
processing, the purposes for which we process your Personal
Information and information as to how we determine applicable
retention periods;
* information about the categories of recipients with whom we may
share your Personal Information; and
* a copy of the Personal Information we hold about you.
Right of portability. You have the right, in certain circumstances, to
receive a copy of the Personal Information you have provided to us in a
structured, commonly used, machine-readable format that supports
re-use, or to request the transfer of your Personal Information to
another person.
Right to rectification. You have the right to obtain rectification of
any inaccurate or incomplete Personal Information we hold about you
without undue delay.
Right to erasure. You have the right, in some circumstances, to require
us to erase your Personal Information without undue delay if the
continued processing of that Personal Information is not justified.
Right to restriction. You have the right, in some circumstances, to
require us to limit the purposes for which we process your Personal
Information if the continued processing of the Personal Information in
this way is not justified, such as where the accuracy of the Personal
Information is contested by you.
Right to withdraw consent. If you have provided consent for the
processing of your Personal Information, you have the right to withdraw
your consent. If you withdraw your consent, this will not affect the
lawfulness of our use of your Personal Information before your
withdrawal.
You also have the right to object to any processing based on our
legitimate interests where there are grounds relating to your
particular situation. There may be compelling reasons for continuing to
process your Personal Information, and we will assess and inform you if
that is the case. You can object to marketing activities for any
reason.
You can also opt out of sharing your personal data with third parties
(other than parties that provide services to us as our agents or
processors) or before we use it for a purpose other than that for which
it was originally collected or subsequently authorised.
If you are in Australia:
Right of access. You have the right to request access to Personal
Information we hold about you.
If you wish to access any of your personal information that you have
provided to us, please contact us using the details set out in Section
22 `How to contact us'.
Right to rectification or correction and notification to third parties.
You have the right to request the correction of personal information we
hold about you. You also have the right to have any correction notified
to third parties to whom we have provided your personal information.
Right to opt out: You have the right to opt out of receiving marketing
and to the disclosure or use of your personal information for
marketing.
Seesaw will take reasonable steps to ensure that your personal
information is accurate, up to date, complete and not misleading.
However, to assist us to do this, we request that you keep your
personal information up to date on the Seesaw Service or inform us of
any changes to your Personal Information to ensure our records remain
accurate and current.
If you believe that any of your Personal Information held by us is
incorrect and you cannot amend such in the Seesaw Service then please
request us to amend that Personal Information via the details in the
section headed "How to Contact us" above.
If you are in New Zealand:
Right of access. You have the right to request access to Personal
Information we hold about you.
If you wish to access any of your personal information that you have
provided to us, please contact us using the details set out in Section
22 `Contact Information'.
Right to rectification or correction. You have the right to request the
correction of personal information we hold about you.
Right to opt-out. You have the right to opt-out of marketing. You can
contact us to do so or use the unsubscribe mechanism included in each
electronic direct marketing message we send to you.
Seesaw will take reasonable steps to ensure that your personal
information is accurate, up to date, complete and not misleading.
However, to assist us to do this, we request that you keep your
personal information up to date on the Seesaw Service or inform us of
any changes to your Personal Information to ensure our records remain
accurate and current.
If you believe that any of your Personal Information held by us is
incorrect and you cannot amend such in the Seesaw Service then please
request us to amend that Personal Information via the details in the
section headed "How to Contact us" above.
How to exercise any of the above rights
If you wish to exercise one of the rights, please contact us using the
contact details set out in the "How to contact us" section above. Due
to the confidential nature of data processing, we may ask you to
confirm your identity when exercising the above rights.
If you contact us to exercise rights on behalf of your child, we will
assess whether your child is competent to exercise those rights
themselves based on their age. In accordance with guidance from the
Information Commissioner's Office, we will normally assume that
children aged 12 or over are able
to exercise the rights mentioned above. Where that is the case, we may
ask you to provide authorisation from your child to exercise their
rights on their behalf.
Complaints
Information for schools and users in the EEA or UK
If you are in the UK or EEA, you also have the right to lodge a
complaint to your local data protection authority. If you are in the
UK, information about how to contact your local data protection
authority is available here. If you are in the European Economic Area,
information about how to contact your local
data protection authority is available here and here (if you are in
Switzerland).
Information for schools and users in Australia
If you are in Australia, if you have any concerns about how we handle
your personal information, believe we have breached the Privacy Act
1988 or any Australian Privacy Principles, if you wish to make a
complaint or need further information, please contact us via the
details noted in Section 22 `Contact Information'. You will need to
provide us with sufficient detail regarding your complaint and any
supporting evidence.
We will investigate the issue and determine the steps to be taken to
resolve the complaint and will notify you in writing if we require any
additional information and also of the outcome of our investigation.
If you are not happy with the outcome of our investigation, you may
complain to the Office of the Australian Information Commissioner by
way of their website www.oaic.gov.au or by phone to their hotline 1300
363 992.
If you are using the Seesaw Service through a school, for complaints
about how your Personal Information is being handled by your school we
recommend that you first refer your complaint to the relevant school
and note their contact details should be included in that school's
privacy policy.
Information for schools and users in New Zealand
If you have any concerns about how we handle your personal information,
believe we have breached the Privacy Act 2020 or any of the New Zealand
Information Privacy Principles, if you wish to make a complaint or if
you need further information, please contact us via the details noted
in Section 22 `Contact Information'. You will need to provide us with
sufficient detail regarding your complaint and any supporting evidence.
We will investigate the issue and determine the steps to be taken to
resolve the complaint. We will notify you in writing if we require any
additional information and also of the outcome of our investigation.
If you are not happy with the outcome of our investigation, you may
complain to the Office of the Privacy Commissioner by way of their
website
www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commis
sioner/.
If you are using the Seesaw Service through a school, for complaints
about how your Personal Information is being handled by your school, we
recommend you first refer to the relevant school's privacy policy.
21. Rights Of California And Nevada Residents
If you are a California resident, please see here for more information
about our practices and your rights with respect to your information.
If you are a resident of Nevada, you have the right to opt-out of the
sale of certain Personal Information to third parties who intend to
license or sell that Personal Information. You can exercise this right
by contacting us at privacy@seesaw.me with the subject line "Nevada Do
Not Sell Request" and providing us with your name and the email address
associated with your account. Please note that we do not currently sell
your Personal Information as sales are defined in Nevada Revised
Statutes Chapter 603A. If you have any questions, please contact us as
set forth below.
22. Contact Information
If you have any questions or feedback about this Privacy Policy, please
contact privacy@seesaw.me.
You can reach Seesaw by mail at:
Seesaw Learning, Inc.
548 Market St
PMB 98963
San Francisco, CA 94104-5401
Last Updated Oct 1, 2023

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seesaw_tos.txt
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@ -2,3 +2,699 @@ SITE: seesaw_tos
URL: https://web.seesaw.me/terms-of-service URL: https://web.seesaw.me/terms-of-service
Terms Of Service
1. INTRODUCTION
Welcome to Seesaw!
We are Seesaw Learning, Inc. ("Seesaw", "we", "us", "our"). Seesaw's
mission is to create an environment where students can be their best.
To accomplish this goal, it is essential that our learning platform,
Seesaw, is a safe place for students to document their learning, and
that parents or guardians, teachers, and school administrators are in
control over how that information is shared.
This Terms of Service (these "Terms") governs your use of our websites
located at seesaw.me (the "Site"), and the Seesaw mobile application
(the "App"), and our learning services accessible via the Site and App,
(collectively "the Services"). Our Privacy Policy and Copyright &
Intellectual Property Policy are incorporated into these Terms.
By using the Services, you agree to be bound by these Terms. If you
don't agree with these Terms, you cannot use the Services.
If you are the parent or legal guardian of a child who is under the age
when they can legally enter into a contract or grant consent to
processing of personal information, then, by using the Services, you
also accept these Terms on your child's behalf. See Section 4 ("Consent
Requirements for Children") for more information on how to obtain
consent for children to use the Services.
You can contact us anytime with questions about this policy at
privacy@seesaw.me.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU
AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO
RESOLVE ANY DISPUTE BETWEEN YOU AND SEESAW THROUGH BINDING, INDIVIDUAL
ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 24
("WE BOTH AGREE TO ARBITRATE") BELOW FOR DETAILS REGARDING ARBITRATION.
2. CHANGES TO THESE TERMS
We may update the Terms from time to time at our sole discretion. If we
do, we'll let you know by posting the updated Terms on the Site, to the
App, and/or may also send other communications. It is important that
you review the Terms whenever we update them or you use the Services.
If you continue to use the Services after we have posted updated Terms
it means that you accept and agree to the changes. If you don't agree
to be bound by the changes, you may not use the Services anymore.
Because our Services are evolving over time, we may change or
discontinue all or any part of the Services, at any time and without
notice, at our sole discretion.
3. PRIVACY
Seesaw takes protecting your security and privacy seriously and we've
put a number of measures in place to protect the integrity of your
information. For more information, see our Privacy Policy. Residents of
the European Union, UK, and Switzerland may review our additional
privacy commitments pursuant to the GDPR, located at
https://web.seesaw.me/gdpr.
For Seesaw customers who are schools or school districts located in the
European Union, UK, or Switzerland, Seesaw may be subject to an
additional Data Processing Agreement between Seesaw and the applicable
customer, which imposes additional obligations on Seesaw with respect
to how we process and handle data from teachers, students and other
users associated with that school or school district. For schools or
school districts located in the European Union, UK, and Switzerland who
agree to these Terms, unless otherwise agreed in writing between Seesaw
and the applicable schools or school district, Seesaw's standard Data
Processing Agreement applies and is incorporated into these Terms
solely with respect to those schools or school districts located in the
EU, UK, or Switzerland.
4. CONSENT REQUIREMENTS FOR CHILDREN
The Children's Online Privacy and Protection Act ("COPPA") requires
that online service providers provide notice and obtain parental
consent before they knowingly collect personally identifiable
information online from children younger than 13 in the United States.
Seesaw requires teachers, schools, or districts to obtain advance
consent from parents or guardians whose children under 13 will be using
the Services.
There are a number of methods teachers, schools, or districts can use
to satisfy this requirement:
* Get consent as part of a school-wide technology consent process you
may already have in place.
* Use our sample consent form - but please note that this is an
example only and does not constitute legal advice.
* Agree to act as the parent's agent, and provide consent on their
behalf to use Seesaw solely in the educational context as provided
by the FTC. Learn More.
If you are a teacher, you represent and warrant to Seesaw that prior to
uploading any personal information of any child who is younger than 13
(or such other age as may be required under applicable law) onto the
Services, you have obtained the legally binding consent of the parent
or legal guardian of each such child. In addition, you should consult
with your school or district to ensure that you obtain proper consent
to use the Services in the classroom consistent with your school's or
district's policies. See also Section 5 ("Creating a Teacher Account or
Class") below. If you are aware that Seesaw is collecting information
from a student without parental consent, please contact us immediately
at privacy@seesaw.me.
Schools and districts located in the EU, UK, and Switzerland should
review the terms of the Data Processing Agreement for consent
requirements under the GDPR.
5. CREATING A TEACHER ACCOUNT OR CLASS
Only teachers or school administrators are permitted to create a class
on the Services. Once the class is created, teachers can invite
students, additional faculty, parents, and guardians to the class.
Teachers control who can upload, view, comment on, and share student
work and they can change these permissions at any time.
When you create a Seesaw class, you represent and warrant that:
* Any students you add to your class are current students in your
class.
* Any additional teachers you add to your class are authorized by
your school to access Student Data (as defined in Section 10
below).
* You will use Seesaw only for lawful purposes and you will abide by
applicable laws and school and school district policies.
* You will treat Seesaw as an extension of the classroom and take
reasonable steps to confirm that students are using Seesaw
appropriately.
* You will take reasonable measures to protect access to Student Data
accessible through the Services.
* You will only invite parents or guardians (collectively, "Family
Members") to view student journals and upload their contact
information only with their prior consent.
* You will protect your class QR code so that access to student
journals and class journals is limited only to invited students and
Family Members.
6. CREATING A FAMILY MEMBER ACCOUNT
Teachers can authorize Family Members to view information in their
child's journal. By using the Services, you agree that you are the
parent or legal guardian of the student and are permitted to have
contact with the student.
As a Family Member, you will only be able to access journal entries in
which your student has been tagged. Family Members of other children
may be able to access your child's work if your child is tagged in a
journal entry with their child, such as when your child collaborates
with other students on a group project.
7. CREATING A STUDENT ACCOUNT
Students may use Seesaw only if their parent or legal guardian has
given permission to their teacher or school. You agree to use the
Services only if you have been given a Join Code or have otherwise been
invited to use the Services by your teacher.
The Services are an extension of the classroom. As a Student, you agree
to use the Services in a manner that is appropriate to the classroom.
You also agree to use the Services only for lawful purposes and you
will abide by applicable laws and school and school district policies.
8. SUBMISSIONS TO THE ACTIVITY LIBRARY
Activities teachers create are private to their accounts by default.
Teachers may choose to publish activities they create to the public
Community Activity Library or an Activity Library managed by their
school or district. If you publish your activity to the Activity
Library, you agree that:
* You are the copyright holder, you have the consent of the copyright
holder, or you have a valid legal basis (for example, fair use) for
posting any content you submit to the Services.
* You have secured permission to share the personal information of
any person included in your activity.
Any activities you submit are yours - not Seesaw's. By publishing your
activity to the Community Activity Library you understand that:
* Your activity will be publicly accessible unless you choose to
remove it.
* Your name and other activities you publish to the Library will be
visible as part of your Activity Author Profile.
* For as long as your activity is published to the Library, your
activity may be shared by Seesaw (for example on our website or in
an email) and by teachers using the Services. Teachers using the
Services may also modify your activity and re-share it with their
students or other teachers.
* If you remove your activity from the Library, prior copies of your
activity or modified versions of your activity may still exist in
other teachers' accounts and will not be removed.
Student responses to activities are not shared in the Activity Library.
9. CONSENT TO RECEIVE COMMUNICATIONS
By signing up for the Services, you agree to receive communications
from Seesaw, including text (SMS), email, and/or push notifications. If
a teacher or school administrator adds a Family Member to the Services
via phone number, the Family Member will receive an SMS with
information about how to join the Services and how to opt-out of SMS
messages. Seesaw does not collect phone numbers from or send SMS
messages to students. By signing up for the Services and providing your
phone number either directly to Seesaw or to your student's school or
district, you agree to receive communications from Seesaw as well as
other Seesaw users, and you represent and warrant that every person
whose contact information you provide to us has also consented in
advance to receive communications from you and Seesaw. Seesaw is not
responsible for your receipt of, or failure to receive any messages, or
for messages sent erroneously or with incorrect information. Seesaw is
not responsible for your or someone else's action or failure to take
action due to the receipt of any messages. If you make changes to your
contact information, you are responsible for updating your Account
Settings and informing your student's school or district.
You can opt-out of notifications at any time. Text "STOP" in reply to
any SMS message from Seesaw to unsubscribe. Text "HELP" for
instructions on how to use our service. Message frequency varies.
Message and data rates may apply. You can also opt-out of notifications
in your Account Settings.
You can also opt-out of marketing communications from us at any time.
If you opt-out of marketing communications, you may still receive
communications that are necessary for the Services or otherwise exempt
from anti-spam laws. By opting out of communications from Seesaw, you
acknowledge that this may impact your use of the Services.
10. YOUR INTELLECTUAL PROPERTY
Our Services may allow you to store or share content such as text (in
posts or communications with others), files, documents, graphics,
images, music, software, audio, and video. Anything (other than
Feedback) that you post or otherwise make available through the
Services is referred to as "User Content".
Students and their schools or districts own all Student Data added to
the Services. "Student Data" means any personal information, metadata,
or content directly attributable to a student user.
We do not claim any ownership rights to any User Content and nothing in
these Terms will be deemed to restrict any rights that you may have to
your User Content. However, in order to provide our Services, we
require certain limited rights to User Content. For example, when you
upload your User Content, we must be able to store it and serve it back
to you. Therefore, you grant Seesaw a non-exclusive, transferable,
worldwide, royalty-free license, with the right to sublicense, to use,
publish, transmit, display, copy, process, adapt, modify, publicly
perform, and distribute your User Content in connection with operating
and providing the Services, but only how you specify and only within
the context of the Services.
You are solely responsible for all your User Content. You represent and
warrant that you have (and will have) all rights that are necessary to
grant us the license rights in your User Content under these Terms. You
represent and warrant that neither your User Content, nor your use and
provision of your User Content to be made available through the
Services, nor any use of your User Content by us on or through the
Services will infringe, misappropriate or violate a third party's
intellectual property rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
11. SEESAW'S INTELLECTUAL PROPERTY
All content on the Services that is not User Content, including but not
limited to logos, trademarks, copyrights, domain names, or other
distinctive brand features (collectively, "Seesaw Content') is
protected by copyright, trademark, and other intellectual property laws
and is the exclusive property of Seesaw and its licensors. We and our
licensors grant you a limited, non-exclusive, non-transferable license
to view, copy, and display Seesaw Content solely in connection with
your permitted use of the Services. Any rights not expressly granted
here are reserved. Unauthorized use of Seesaw Content is prohibited.
You agree not to remove, alter or obscure any copyright, trademark,
service mark, or other proprietary rights notices incorporated in or
accompanying the Services.
12. COPYRIGHT POLICY
Seesaw respects copyright law and expects its users to do the same. It
is Seesaw's policy to terminate in appropriate circumstances account
holders who repeatedly infringe or are believed to be repeatedly
infringing the rights of copyright holders. To learn more about how
Seesaw responds to allegations of copyright infringement, please review
our Copyright Policy.
13. THIRD-PARTY SERVICE PROVIDERS
The Services (including the App) may allow you to access third-party
websites or other resources, for example when a teacher includes a link
to an instructional YouTube video in an activity. We provide access
only as a convenience and are not responsible for the content,
products, or services on or available from those resources or links
displayed on such websites. You acknowledge sole responsibility for and
assume all risk arising from your use of any third-party resources.
14. PROHIBITED ACTIVITIES
You agree not to do any of the following:
* Post, upload, publish, submit or transmit any User Content that:
+ infringes, misappropriates, or violates a third party's
patent, copyright, trademark, trade secret, moral rights or
other intellectual property rights, or rights of publicity or
privacy;
+ violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil
liability;
+ is fraudulent, false, misleading, or deceptive;
+ is defamatory, obscene, pornographic, vulgar, or offensive;
+ promotes discrimination, bigotry, racism, hatred, harassment,
or harm against any individual or group;
+ is violent or threatening or promotes violence or actions that
are threatening to any person or entity;
+ promotes illegal or harmful activities or substances; or
+ is inappropriate for the classroom or violates applicable
school or school district policies;
* Jeopardize the security of your account in any way, for example by
allowing someone else access to your account or password;
* Use, display, mirror, or frame the Services or any individual
element within the Services, Seesaw's name, any Seesaw trademark,
logo or other proprietary information, or the layout and design of
any page or form contained on a page, without Seesaw's express
written consent;
* Access, tamper with, or use non-public areas of the Services,
Seesaw's computer systems, or the technical delivery systems of
Seesaw's providers;
* Attempt to probe, scan or test the vulnerability of any Seesaw
system or network or breach any security or authentication
measures;
* Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by Seesaw or any
of Seesaw's providers or any other third party (including another
user) to protect the Services;
* Attempt to access or search the Services or download content from
the Services using any engine, software, tool, agent, device, or
mechanism (including spiders, robots, crawlers, data mining tools,
or the like) other than the software and/or search agents provided
by Seesaw or other generally available third-party web browsers;
* Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters, or other forms of
solicitation;
* Use any meta tags or other hidden text or metadata utilizing a
Seesaw trademark, logo URL, or product name without Seesaw's
express written consent;
* Use the Services, or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner not
permitted by these Terms;
* Forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting, or in any way use
the Services to send altered, deceptive, or false
source-identifying information;
* Attempt to decipher, decompile, disassemble or reverse engineer any
of the software used to provide the Services;
* Interfere with, or attempt to interfere with, the access of any
user, host or network, including, without limitation, sending a
virus, overloading, flooding, spamming, or mail-bombing the
Services;
* Collect or store any personally identifiable information from the
Services from other users of the Services without their express
permission;
* Impersonate or misrepresent your affiliation with any person or
entity;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the
foregoing.
We take measures to monitor, log, and block content that violates our
policies. We are not obligated to monitor access to or use of the
Services or to review or edit any content. However, we have the right
to do so for the purpose of operating the Services, to ensure
compliance with these Terms, and to comply with applicable law or other
legal requirements. We reserve the right but are not obligated, to
remove or disable access to any content, including User Content, at any
time and without notice, including, but not limited to, if we, at our
sole discretion, consider it objectionable or in violation of these
Terms. We have the right to investigate violations of these Terms or
conduct that affects the Services. We may also consult and cooperate
with law enforcement authorities to prosecute users who violate the
law. To report violations of these policies, contact privacy@seesaw.me.
Seesaw does not guarantee the identity of any users you may interact
with in the course of using the Services. In addition, Seesaw does not
guarantee the authenticity of any information users provide about
themselves.
15. ACCOUNT SUSPENSION AND TERMINATION
Seesaw reserves the right to suspend or terminate accounts associated
with users who engage in any of the prohibited activities described
above or in any manner that otherwise violates these Terms or other
policies. In addition, Seesaw reserves the right to terminate any
account at any time for any reason without notice to you.
If you would like to delete your Seesaw account or delete your child's
Seesaw account, follow these steps or contact privacy@seesaw.me. If you
request that your account or any content submitted to Seesaw be
deleted, Seesaw may still retain information as needed to provide
customer support and prevent accidental deletion, or as required or
permitted by law.
16. ACCOUNT TRANSFER
If you've signed up as a teacher with a school-provided email address,
and your school later signs up for a Seesaw school account, we may
transfer your account to be under the management and control of your
school. To protect Student Data, in certain limited circumstances (such
as when a teacher leaves a school) we may transfer a class to a
different teacher if we receive a properly authorized request from the
relevant school.
17. ABANDONED ACCOUNTS
Seesaw reserves the right to permanently delete accounts that have not
been accessed by the account holder for a period of more than one year.
Seesaw will permanently delete an account that has not been accessed by
the account holder for more than seven years, except where required to
retain the information longer for legal or compliance purposes. Prior
to permanently deleting an abandoned account, Seesaw will attempt to
notify the account holder by email.
18. SUBSCRIPTIONS
Teachers have the option of purchasing a subscription ("Subscription")
to use the Services.
a. General. If you purchase a Subscription (a "Transaction"), you
expressly authorize us (or our third-party payment processor) to charge
you for such Transaction. We may ask you to supply additional
information relevant to your Transaction, including your credit card
number, the expiration date of your credit card, and your email and
postal addresses for billing and notification (such information,
"Payment Information"). You represent and warrant that you have the
legal right to use all payment method(s) represented by any such
Payment Information. When you initiate a Transaction, you authorize us
to provide your Payment Information to third parties so we can complete
your Transaction and charge your payment method for the type of
Transaction you have selected (plus any applicable taxes and other
charges). You may need to provide additional information to verify your
identity before completing your Transaction (such information is
included within the definition of Payment Information). By initiating a
Transaction, you agree to the pricing, payment, and billing policies
applicable to such fees and charges, as posted or otherwise
communicated to you. All payments for Transactions are non-refundable
and non-transferable except as expressly provided in these Terms.
b. Subscriptions. If you purchase a Subscription, you will be charged
the Subscription fee monthly or annually, depending on the type of
Subscription you have selected, plus any applicable taxes, and other
charges ("Subscription Fee"), at the beginning of your Subscription and
each month or year thereafter, depending on the type of Subscription
you have selected, at the then-current Subscription Fee. BY PURCHASING
A SUBSCRIPTION, YOU AUTHORIZE SEESAW TO INITIATE RECURRING
NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a
Subscription, we (or our third-party payment processor) will
automatically charge you each month or year, depending on the type of
Subscription you have selected, using the Payment Information you have
provided until you cancel your Subscription. No less than thirty (30)
days and no more than sixty (60) days before your Subscription term
ends, or otherwise in accordance with applicable law, Seesaw will send
you a reminder email regarding your Subscription. By agreeing to these
Terms and electing to purchase a Subscription, you acknowledge that
your Subscription has recurring payment features and you accept
responsibility for all recurring payment obligations prior to
cancellation of your Subscription by you or Seesaw. Your Subscription
continues until canceled by you or we terminate your access to or use
of the Services or Subscription in accordance with these Terms.
c. Canceling Your Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT
BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR
SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in
the course of completing a Transaction, we reserve the right to cancel
your Transaction for any reason; if we cancel your Transaction we'll
refund any payment you have already remitted to us for such
Transaction. Without limiting the foregoing, you may cancel your
Subscription at any time, but please note that such cancellation will
be effective at the end of the then-current Subscription period. YOU
WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID
FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.
To cancel, you can send an email to AR@seesaw.me. You will be
responsible for all Subscription Fees (plus any applicable taxes and
other charges) incurred for the then-current Subscription period. If
you cancel, your right to use the Services will continue until the end
of your then-current Subscription period and will then terminate
without further charges.
19. WARRANTY DISCLAIMERS
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY
THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN
CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF
ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEESAW,
AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. SEESAW AND ITS SUPPLIERS AND PARTNERS DO NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE
THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICES
WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA. WE MAKE NO
WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,
COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE
SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU
MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
20. INDEMNITY
You agree to indemnify and hold harmless Seesaw from any and all
claims, suits, actions, losses, costs, damages, and any other
liabilities, including attorneys' fees, arising out of or related to:
(a) your use or misuse of Seesaw; (b) any violation of the rights of
any other person or entity by you, including without limitation, any
intellectual property right, publicity, confidentiality, property or
privacy right; or (c) your breach of any part of these Terms. Seesaw
will attempt to provide you with written notice of any such matter;
however, any failure or delay by Seesaw to do so does not negate your
defense or indemnification obligations or waive Seesaw's rights to seek
payment or defense or indemnification from you. Seesaw reserves the
right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to
cooperate with Seesaw in our defense of these claims. You will not
settle any claim that affects Seesaw or our affiliates without our
prior written approval.
21. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEESAW WILL NOT BE LIABLE TO
YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS
OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF
ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR: (A) YOUR
ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR
CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICES; (C) UNAUTHORIZED
ACCESS, USE, OR ALTERATIONS OF YOUR TRANSMISSIONS OR CONTENT; (D) ANY
INFORMATION POSTED ON THE SERVICES; OR (E) SEESAW'S DECISION TO PUBLISH
OR REMOVE ANY INFORMATION ON THE SERVICES; IN EACH CASE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SEESAW OR OUR SERVICE
PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE
JURISDICTION, IN NO EVENT SHALL SEESAW'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO
THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES EXCEED:
(1) THE AMOUNTS YOU PAID TO ACCESS THE SERVICES DURING THE TWELVE (12)
MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM, OR (2) ONE HUNDRED
U.S. DOLLARS, WHICHEVER IS GREATER.
The limitations of liability set forth in this Section are fundamental
elements of the basis of the bargain between you and us and will
survive any termination or expiration of these Terms, and will apply
even if any limited remedy specified in these Terms is found to have
failed of its essential purpose.
22. GOVERNING LAW AND DISPUTES
These Terms and any action related thereto will be governed by the laws
of the State of California, without regard to its conflicts of law
provisions. Except as otherwise expressly set forth in Section 23
("Informal Dispute Resolution") and Section 24 ("We Both Agree to
Arbitrate") below, the exclusive jurisdiction for any and all disputes,
claims, or controversies arising out of or relating to these Terms or
the breach, termination, enforcement, interpretation or validity
thereof or the use of the Services (collectively, "Disputes") that you
and Seesaw are not required to arbitrate will be the state and federal
courts located in San Francisco County, California, and you and Seesaw
each waive any objection to jurisdiction and venue in such courts.
23. INFORMAL DISPUTE RESOLUTION
We want to address your concerns without litigation or other formal
proceedings. Before filing a claim against Seesaw, you agree to try to
resolve the Dispute informally by contacting privacy@seesaw.me and
providing us with reasonably detailed information concerning your
issue. We will try to resolve the Dispute informally by contacting you
through email. If a dispute is not resolved within 15 days after
submission, you or Seesaw may bring a formal proceeding in accordance
with these Terms.
24. WE BOTH AGREE TO ARBITRATE
This Section applies to United States users.
a. Mandatory Arbitration of Disputes. We each agree that any Disputes
will be resolved solely by binding, individual arbitration and not in a
class, representative, or consolidated action or proceeding. You and
Seesaw agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of these Terms and that you and Seesaw
are each waiving the right to a trial by jury or to participate in a
class action. This arbitration provision shall survive termination of
these Terms.
b. Exceptions. As limited exceptions to Section 24(a) above: (i) we
both may seek to resolve a Dispute in small claims court if it
qualifies; and (ii) we each retain the right to seek injunctive or
other equitable relief from a court to prevent (or enjoin) the
infringement or misappropriation of our intellectual property rights.
c. Conducting Arbitration and Arbitration Rules. The arbitration will
be conducted by the American Arbitration Association ("AAA") under its
Consumer Arbitration Rules (the "AAA Rules") then in effect, except as
modified by these Terms. The AAA Rules are available at www.adr.org or
by calling 1-800-778-7879. A party who wishes to start arbitration must
submit a written Demand for Arbitration to AAA and give notice to the
other party as specified in the AAA Rules. The AAA provides a form
Demand for Arbitration at www.adr.org. Any arbitration hearings will
take place in the county (or parish) where you live unless we both
agree to a different location. The parties agree that the arbitrator
shall have exclusive authority to decide all issues relating to the
interpretation, applicability, enforceability, and scope of this
arbitration agreement.
d. Arbitration Costs. Payment of all filing, administration, and
arbitrator fees will be governed by the AAA Rules, and we won't seek to
recover the administration and arbitrator fees we are responsible for
paying unless the arbitrator finds your Dispute frivolous. If we
prevail in arbitration we'll pay all of our attorneys' fees and costs
and won't seek to recover them from you. If you prevail in arbitration
you will be entitled to an award of attorneys' fees and expenses to the
extent provided under applicable law.
e. Injunctive and Declaratory Relief. Except as provided in Section
24(b) above, the arbitrator shall determine all issues of liability on
the merits of any claim asserted by either party and may award
declaratory or injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim. To the extent that you or
we prevail on a claim and seek public injunctive relief (that is,
injunctive relief that has the primary purpose and effect of
prohibiting unlawful acts that threaten future injury to the public),
the entitlement to and extent of such relief must be litigated in a
civil court of competent jurisdiction and not in arbitration. The
parties agree that litigation of any issues of public injunctive relief
shall be stayed pending the outcome of the merits of any individual
claims in arbitration.
f. Class Action Waiver. YOU AND SEESAW AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, if the parties' Dispute is resolved through
arbitration, the arbitrator may not consolidate another person's claims
with your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found
to be unenforceable, then the entirety of this Section 24 ("We Both
Agree to Arbitrate") shall be null and void.
g. Severability. Except as expressly stated in Section 24(f) of these
Terms ("Class Action Waiver"), if an arbitrator or court of competent
jurisdiction decides that any part of this Section 24 ("We Both Agree
to Arbitrate") is invalid or unenforceable, the other parts of this
Section 24 will still apply
25. FEEDBACK
We welcome your feedback and suggestions about the Services. Please
send us a message through this form at any time. If you choose to
submit feedback, you agree that we are free to use it without any
restriction or compensation to you.
26. ENTIRE AGREEMENT
These Terms (and any other policies we refer to in this document) make
up the entire agreement between you and Seesaw Learning, Inc., and
supersede any prior agreement. If any part of these Terms are found to
be unenforceable by a court or arbitrator, the remaining parts will
remain in full force and effect. If Seesaw fails to enforce any part of
these Terms, such a failure does not constitute a waiver. Except as
expressly stated in Section 24(f) of these Terms ("Class Action
Waiver"), if any provision of these Terms is held invalid or
unenforceable by an arbitrator or a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and
the other provisions of these Terms will remain in full force and
effect. You may not assign or transfer these Terms, by operation of law
or otherwise, without Seesaw's prior written consent. Any attempt by
you to assign or transfer these Terms, without such consent, will be
null. Seesaw may freely assign or transfer these Terms without
restriction. Subject to the foregoing, these Terms will bind and inure
to the benefit of the parties, their successors, and permitted assigns.
27. CONTACT INFORMATION
Seesaw Learning, Inc.
548 Market St
PMB 98963
San Francisco, CA 94104-5401
You can contact us through our help request form here.
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