393 lines
22 KiB
Plaintext
393 lines
22 KiB
Plaintext
SITE: 3plearning_tos
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URL: https://www.3plearning.com/terms?locate=en-AU
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Terms & Conditions
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Last updated 09 May, 2024
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English Español
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The Fine Print
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This page outlines the General Conditions of access to and use of all
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3P Learning resources, online programs and related events.
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Acknowledgment and acceptance of General Conditions
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* The global network of 3P Learning websites and resources, including
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but not limited to our websites and digital learning resources for
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the Mathletics, Spellodrome, Readiwriter, Reading Eggs, Mathseeds,
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Wordflyers, World Maths Day and World Education Games brands,
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together with challenge websites for national and regional events
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which may use or integrate with some of the aforementioned
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websites, as well as 3P Learning Uservoice and feedback forums
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(collectively, the Site) are owned and operated by 3P Learning Ltd
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and/or its subsidiaries and/or licensors (collectively we or us).
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* The Site refers to any and all access to 3P Learning websites and
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resources, via static or mobile devices, in either native or mobile
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application format. Your access to and use of the Site
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(collectively, your Access) is conditional on your acceptance and
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compliance with the terms, conditions, notices and disclaimers
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contained or referred to on this page (General Conditions). Your
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Access to the Site constitutes your agreement to be bound by the
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General Conditions and that agreement may be enforced by us. If you
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do not agree with any of these General Conditions, you must cease
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using the Site.
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* These General Conditions apply to all users, regardless of whether
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a licence to Access the Site has been purchased by a school /
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educational institution on behalf of students and teachers, or
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directly by a student or parent. In the case of students who are
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minors, permission must be sought by that student's school or
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parent / guardian (as applicable) before that student is provided
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with Access to the Site.
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* We reserve the right, at our discretion, to revise, amend and
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update the General Conditions at any time effective on the date of
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posting to the Site of the new and amended provisions.
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Privacy
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* By agreeing to these General Conditions, you agree to the terms of
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our Privacy Policy, which is expressly incorporated herein. Before
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using the Site, please carefully review our Privacy Policy. All
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personal information provided to us as a result of your Access will
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be handled in accordance with our Privacy Policy, and by Accessing
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the Site, or allowing your child/student to Access the Site, you
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consent to the collection, storage, use and dissemination of your
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personal information in accordance with this Privacy Policy.
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Ownership of content
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* The Site, including without limitation all materials displayed on
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or produced through the Site, information, text, illustrations,
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graphics, video, sound recordings, software including the code
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comprising or used to operate the Site, functions, tools, results
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derived from the use of software and tools, data collected from
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Access to the Site, names, logos and trade marks on the Site
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(collectively, Content) and the intellectual property therein
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belong to us and are protected by copyright, trade mark, trade
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secrets and other intellectual property laws unless expressly
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indicated otherwise on the Site.
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* You must not modify, copy, reproduce, republish, frame, reverse
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engineer, download onto a computer, upload to a third party, post,
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transmit or distribute this Content in any way except in accordance
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with applicable law, these General Conditions or with our express
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prior written consent.
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User Generated Content
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* Certain Sites and products may allow registered users to submit
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content through, or post content on, the Site (User Generated
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Content or "UGC"). For example, audio recordings of phonemes within
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the Readiwriter Phonics product (where students repeat and record
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letter sounds within the product), or feedback about our products
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through our customer feedback forums, such as 3P Uservoice.
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* If you make any UGC available through our Site, you give us
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permission to use, copy, modify, adapt, display and distribute that
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content for the purposes of (i) you and your teacher/school
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utilising a feature or function of the relevant product or Site;
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(ii) for administrative, planning, product improvement, quality
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control and academic or research purposes relating to our products
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and services, and/or (iii) otherwise in accordance with the
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restrictions outlined in these General Conditions and in accordance
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with our privacy policy. This permission is irrevocable and without
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payment or attribution. Unless otherwise specified, by making UGC
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available through the Site, you grant us a worldwide,
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non-exclusive, perpetual, royalty free, sublicensable and
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transferable licence to use any such content in whole or in part.
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You are not giving up your ownership rights in your UGC, however,
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if you make UGC available through our Site or product, you do give
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us permission to use it in accordance with these General
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Conditions.
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* Access to audio recordings by students for the purposes of (i)
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above, is restricted to the registered user/student that recorded
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the audio and their teacher/nominated school administrator, where
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access to the product has been purchased as part of a school
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subscription, and in all cases, only behind the product login.
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Parents may access stored recordings via their child's login or
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with a parent login, when available.
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* Your name and comments, suggestions and other feedback about our
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products, made through our feedback forums including 3P Learning
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Uservoice, may be viewed by other customers and users registered to
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participate in those feedback forums. If you would prefer to submit
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feedback to us directly, please contact your account manager or at
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www.3plearning.com/contact
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* If you are going to make content available through our Site, it
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must not be offensive or inappropriate, and it must not infringe or
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violate the rights of any third party.
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We reserve the right to take down or delete any UGC at our
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discretion.
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User Code of Conduct and Access Rights
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* Any user, including, students or teachers, found to be in breach of
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these General Conditions, acting in a manner that we deem to be
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inappropriate or inconsistent with the spirit of these General
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Conditions (e.g. submitting fraudulent results), or that is
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unlawful or prohibited by any laws applicable to the Site, may have
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their Access to the Site revoked.
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* You must not access or use the Site or the Content in any manner or
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for any purpose which is illegal or prohibited by any laws that
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apply to you, violates our rights in any way, or is prohibited by
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the General Conditions.
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* Users of the Site must protect their usernames and passwords from
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unauthorised use. If you suspect any unauthorized use of your
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account, please notify us immediately.
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* You must not use the Content for commercial purposes without first
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obtaining our express written authority.
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* You must take your own precautions to ensure that the process,
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which you employ for accessing the Site, does not expose you to the
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risk of viruses, malicious computer code or other forms of
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interference, which may damage your own computer system. We do not
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accept responsibility for any interference or damage to your own
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computer system or data, which arises in connection with your
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Access.
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* The Site and our Content is continuously evolving. We reserve the
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right to delete, modify, change, evolve and improve existing
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Content, including curriculum, product features and tools, at any
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time without notice or consent.
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* A paid subscription to any 3P Learning resource permits the
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subscribed user access to the resource in its native format across
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both static and mobile devices. We reserve the right to levy
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additional charges for access to resources outside of this
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limitation. In some cases, additional subscription charges may be
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levied for non-native access, premium additional content, printed
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content, mobile device access to standalone components of 3P
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Learning resources as well as special 3P Learning educational
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events or competitions.
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Copyright
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* Copyright in this Site (including without limitation all content,
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text, graphics, logos, icons, sound recordings, video, software and
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downloadable / printable files, worksheets, workbooks and
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resources) is owned or licensed by us.
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* Other than for the purposes of, and subject to the conditions
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prescribed under copyright law applicable to you (for example the
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Australian Copyright Act 1968 (Cth) or similar legislation which
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applies in your location), or except as expressly authorised by
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these General Conditions, you may not in any form or by any means:
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+ adapt, reproduce, communicate, store, distribute, print,
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display, perform, publish or create derivative works from any
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part of this Site; or
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+ commercialise any information, products or services obtained
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from any part of this Site.
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* Reproducing resources in hard copy: Where copyright legislation in
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a location includes a remunerated scheme to permit educational
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institutions to photocopy or print any part of the Site, we (or the
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owner of the copyright material) will claim remuneration under that
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scheme where such resources (for example, but without limitation,
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our worksheets, workbooks or other resources that can be used in
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hardcopy format) are printed or photocopied by, or on behalf of,
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educational institutions (e.g. by teachers for use in the classroom
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or by students or where teachers direct students to print or
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photocopy worksheets for use by students at school). This may lead
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to an increase in the fees for educational institutions to
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participate in the relevant scheme.
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Individual Licences ("Home Subscriptions")
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* Access to, and use of, 3P Learning resources is subject to our
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terms of use and privacy policy.
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* Home subscription licenses are for individual, non-commercial
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purposes. Each license provides access to the relevant resource for
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a nominated student.
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* Term of Subscription and Renewal: Home subscriptions are provided
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on an auto-renewing basis to ensure continued access to and use of
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the relevant resources. Home subscriptions have a one (1), or 12
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month minimum initial term that automatically renews for
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consecutive periods of the same length (each a renewal term) unless
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notice of cancellation is provided prior to the expiry of the
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initial term or any renewal term. We will automatically charge your
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nominated account using the payment method on file for each renewal
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term. We do not provide refunds to users who cancel part way
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through the initial term or any renewal term of a subscription
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(subject to our returns/refunds policy below). You can manage and
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make changes to your subscription by logging into your account.
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* Pricing: Fees and charges for your home subscription are detailed
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at the point of purchase. For each renewal term your payment
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details will be automatically charged the then current fees for the
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licence type you have selected, continuing on a recurring basis
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until you cancel your subscription. Promotional pricing, discounts
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and free trials only apply for the period specified and will
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commence on the purchase date unless otherwise agreed. At the end
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of the promotional period, your fees will revert to the then
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current fees for the licence type you have selected. All taxes are
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detailed in the tax invoice provided to the customer.
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* Delivery of products and services: Access to web-delivered services
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is provided immediately upon processing of payment.
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* Product access and use: Users are responsible for their own costs
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associated with accessing the product, e.g. internet usage charges,
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data costs and computer / smartphone equipment costs. It is the
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responsibility of the user to ensure their device and internet
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access is sufficient to access the relevant product.
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* Parents are able to change the year level/grade level of their
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child's course up to six times a year.
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* Customer Service / Refunds Policy: All goods/services supplied will
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be in good working order. All faulty goods will be exchanged for a
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working version at no additional cost to the client or the purchase
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price will be refunded. For Mathletics home subscriptions we offer
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a no-questions-asked 10 day money back guarantee, commencing on the
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day of purchase of the initial subscription term. No refunds will
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be offered after this time except in the event the goods/services
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are faulty and cannot be repaired or replaced, or otherwise in
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accordance with applicable statutory consumer protection laws.
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* Consumer Purchasing Information Policy: All payments are completed
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using PCI compliant payment gateways, over a secure internet
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connection using strong cryptography and security protocols.
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Digital certificates are used to maximise security when receiving
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payment information. Purchasing information provided from online
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transactions is used for cart tracking, subscription billing,
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subscription management and accounting purposes only.
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School Subscriptions
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* For our school / educational institution customers (School
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Customers) that purchase licenses on behalf of students and
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teachers, we enter into additional, specific terms at the time of
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purchase (Purchase Terms). Access by the School Customer and its
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teachers and students is governed by these Purchase Terms in
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addition to our General Conditions.
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Disclaimer and Limitation of Liability
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* Although we have no reason to believe that any information
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contained in this Site is inaccurate, we do not warrant the
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accuracy, adequacy or completeness of the information except where
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warranties are made non-excludable by applicable legislation.
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* We do not accept responsibility for loss suffered as a result of
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your reliance on the accuracy or currency of information contained
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in this Siteexcept where such liability is made non-excludable by
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applicable legislation. We and our directors, officers, agents,
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employees and contractors do not guarantee or warrant the Site will
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be uninterrupted, without delay, error-free, omission-free or free
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of viruses. The Content is provided "as is" without warranties of
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any kind, express or implied, including as to accuracy, timeliness
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and completeness except where warranties are made non-excludable by
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applicable legislation.
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* Neither we nor our directors, officers, agents, employees or
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contractors will be liable for any loss or damage, however arising
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(whether in negligence or otherwise), in connection with your
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Access, the Content or any omissions from the Content, except where
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liability is made non-excludable by applicable legislation.
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Indemnity
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* You agree to indemnify us and our directors, officers, agents,
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employees and contractors and keep us and all of them indemnified,
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against all loss, actions, proceedings, costs, expenses (including
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legal fees), claims and damages arising from any breach by you of
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the General Conditions, or reliance by you on any information
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obtained through the Site or your Access to the Site.
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Trade Marks
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Except where otherwise specified, any word or device to which the TM or
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® symbol is attached, is a trademark in which we claim proprietary
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rights. We also assert all our trademark rights under the common law or
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otherwise. If you use any of our trademarks in reference to our
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activities, products or services, you must include a statement
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attributing that trademark to us. You must not use any of our
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trademarks:
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* in or as the whole or part of your own trade marks;
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* in connection with activities, products or services which are not
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ours;
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* in a manner which may be confusing, misleading or deceptive;
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* in a manner that disparages us or our information, products or
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services (including this Site).
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Termination
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We may terminate access to this Site at any time without notice. The
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General Conditions will nevertheless survive any such termination.
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Links to Other Websites and Third Party Tools
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* The Site may contain links to third party sites (Linked Sites).
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Linked Sites are not under our control and we are not responsible
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for the content of any. We provide these hyperlinks to you as
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convenience only, and the inclusion of any link does not imply any
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endorsement of the Linked Site by us or by our directors, officers,
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agents, employees and contractors. You link to any Linked Site or
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subsequent site entirely at your own risk.
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* Neither we nor our directors, officers, agents, employees and
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contractors give any representation or warranty as to the
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reliability, accuracy or completeness of any Linked Sites or
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subsequent sites, nor do they or we accept any responsibility
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arising in any way for errors in, or omissions from any Linked
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Sites or subsequent sites.
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* Certain aspects of our Sites can be used in connection with third
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party software, applications, products and platforms ("Third Party
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Tools") and may be subject to additional terms of use between you
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and the applicable Third Party Tool provider(s).
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General
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* We do not accept any liability for any failure to comply with the
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General Conditions where the failure is due to circumstances beyond
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our reasonable control.
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* Our failure to act in a particular circumstance does not waive our
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ability to act with respect to that circumstances or similar
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circumstances.
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* However, if we expressly waive any rights available to us under
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these General Conditions on one occasion, this does not mean that
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those rights will automatically be waived on any other occasion.
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* If any of the General Conditions are held to be invalid,
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unenforceable or illegal for any reason, the remaining terms and
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conditions will nevertheless continue in full force.
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Cookies
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For information about the cookies we use, please refer to our cookies
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page.
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Challenges and Competitions
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From time to time, we host or operate challenges and competitions
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within the Site, which may be supported by third party sponsors.
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Challenges are designed to encourage school and student participation
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in a fun and engaging online learning event. We are thrilled that so
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many students from around the world are participating in the variety of
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events we support, and encourage you all to continue to join in. These
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General Conditions, including the 3P Learning Privacy Policy, govern
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challenges and competitions, in addition to any other terms and
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conditions in place specifically for the relevant challenge or
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competition.
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The Hall of Fame or leaderboard for a challenge or competition does not
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determine the final result. After the event, we will verify all
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results. We have the right, at our complete discretion, to determine
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the final positions of all participants and the winners of all
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categories.
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* Participants who do not comply with these General Conditions, may
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be removed from the Hall of Fame or disqualified from the
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competition at any time, and we will use our complete discretion as
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to whether or not removal or disqualification occurs.
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* Students, classes and schools may be required by us to provide
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proof of age and to sign a declaration that they individually and
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collectively participated without assistance from any other person,
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software, hardware or device.
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* Any students, classes or schools intentionally misusing the Site be
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disqualified or removed from the Hall of Fame of the competition or
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challenge at any time. Examples of misuse include but are not
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limited to computer hacking of the Site, posting fraudulent
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results, using computer scripts to improve responses, scores or
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otherwise.
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* We may, at our complete discretion, remove from competition any
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students, classes and schools not participating in courses or on
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content appropriate for their age. Prizes advertised for a
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challenge or competition may be substituted, for something of
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equivalent value, as determined by us or the prize provider at our
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complete discretion.
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Governing Law
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The laws in force in New South Wales, Australia, govern these General
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Conditions. You agree to submit to the exclusive jurisdiction of the
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courts in New South Wales, Australia. However, we retain the right to
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bring legal proceedings in any jurisdiction where we believe that
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infringement of these General Conditions is taking place or
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originating.
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