PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Welcome to LiteracyPlanet which is owned and operated by Intrepica Pty Ltd A.C.N. 128 896 980 (“we”, “us”, “our”, or “Intrepica”).
Use of our site includes accessing, browsing, or registering to use our site.
Please read these Terms carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.
These Terms apply to all Users of our Site on or after 20th April, 2015.
- Your Use of the Website
- Your Compliance Obligations
- Liability Disclaimer
- Registration and Security
- Trial Period, Subscribing, Billing and Prices
- Cancellations and refunds
- Complaints and Dispute Resolution
- Communications Between Us and You
- Anti-Spam Statement
- Contact Us
Intrepica offers an online literacy education platform and service where users subscribe to the LiteracyPlanet program for the purpose of children and students to develop their literacy skills through a range of exercises and games.
Users of the Service may be registered, trialling or paying Subscribers. The different payment options and services offered for the different levels are published on our Site or at the time a subscription or other service is taken out and the terms and conditions applying to such subscriptions or other services will be incorporated into these Terms.
The Service is intended for children between the ages of 4 and 15 in the jurisdictions to which the applicable URLs relate (e.g. Services at www.literacyplanet.com are intended for users in Australia).
If you are subscribing to our Service and creating accounts on behalf of student(s), you represent and warrant that you are a teacher or school administrator or otherwise authorised by a school or district to sign up on behalf of students.
These terms are strictly for the use of the Site for Schools. If you are a Parent and would like to our program at home you will need to subscribe to our services here.
For the purpose of school online access and licences, a School is defined as any educational institution or registered home schooling organisation.
A School subscription to Literacy Planet applies to students of that school attending on a full-time or part-time basis. If you are a school, district, or teacher, you represent and warrant that you are solely responsible for obtaining advance written consent from all parents or guardians whose children under 13 will be accessing the Services.
Your Use of the Website
For the purposes of this Agreement, the definition of "Software" will include the Intrepica software downloadable to your personal desktop or laptop computer (“PC”) from www.literacyplanet.com (the “PC Software”) and the LiteracyPlanet mobile software application (the "Mobile Software") downloadable to a mobile device (including, without limitation, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a “Device”) as well as all ancillary software to the software (whether web-based software or client/server software).
The Website contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”).
All Content is owned, licensed to and/or copyrighted by Intrepica and may be used only in accordance with this Agreement. The Site is also protected by copyright as a collective work and/or compilation, pursuant to relevant copyright laws and international conventions. The trademarks, service marks and logos contained in the Site are owned by or licensed to Intrepica. Intrepica and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website.
The Services and its Contents are intended solely for the personal, non-commercial use of Services by Users and may only be used in accordance with the terms of this Agreement. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
- without the express prior written consent of the respective owners, and
- in any way that violates any third party right.
The Content may be downloaded onto your computer or device through the use of authorised Intrepica Software.
When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use any Software provided via the Service only while online and may not download, copy, reuse or distribute that Software, except where it is clearly stated in connection with software that it is made available for offline use, and a license for such use is provided in connection with that software. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or Services or the Content therein.
Your Compliance Obligations
Generally, you must comply with all applicable laws and refrain from infringing any third-party rights or interests (including, without limitation, privacy and intellectual property rights) and you shall not, or facilitate or assist any person to, knowingly, willfully or recklessly submit inaccurate, defamatory or offensive Content to the Website or other users.
We do not extend or express any warranties or representations as to the quality and/or accuracy of the Content, Site or Service, and we expressly disclaim and exclude any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law.
Without limiting the generality of the foregoing, we offer the Service on an "as is basis" and:
- we do not accept responsibility for any use of or reliance on the Site, Content or Service, or for any
- we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, disruptions to or delay in the Service; and currency, error-free nature, compatibility, security or fitness for purpose of the Site, Content or Service.
Furthermore, we do not guarantee the adequacy of the Service or Site or compatibility thereof to your computer equipment or environment. Intrepica does not warrant that this Site, the Service, its servers, or any emails which may be sent from us are free of viruses or any other harmful components.
Limitation of Liability
We limit our liability to the maximum extent permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise):
- loss of revenue;
- loss of actual or anticipated profits;
- loss of the use of money;
- loss of anticipated savings;
- loss or corruption of, or damage to, data, systems or programs; or
- any indirect or consequential loss or damage howsoever caused, provided that nothing in these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.
Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to the greater of:
- $100 for each claim or series of connected claims, up to an aggregate of $200 for any number of incidents (whether or not connected) in any 12 month period, or
- the aggregate fees received from you in connection with the Service in the 12 month period preceding the incident on which your claim is based.
No Liability or Endorsement for Third Party Services.
We may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties.
Websites of those third parties may be subject to terms and conditions different from those applicable to our Site and it is your responsibility to ensure that you have read and understood them. Intrepica makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Intrepica.
Without prejudice to the foregoing provisions of this clause 5, if you are dissatisfied with any portion of the Service, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Service and Website. If you are a paying subscriber and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Registration and Security
As part of the registration process, you will select a subscriber name and a password. You must provide us with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms.
You understand that you may not:
- select or use a name of another person with the intent to impersonate that person;
- use the rights of another person without authorisation; or
- use a name that is offensive to a reasonable person.
You are responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Intrepica.
You must immediately contact us regarding any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. If an unauthorised person uses your Identity, registration information or password to access the Website, you must use your best efforts to ascertain the source and manner of access and let us know as soon as possible. You agree to cooperate and assist us with any investigation that we may carry out.
You are responsible for all usage or activity on the Site via your account. Distribution of your password to others for access to the Site or Service is expressly prohibited and shall constitute a breach of these Terms.
Trial Period, Subscribing, Billing and Prices
Trial Period & Subscribing
We reserve the right to propose a free trial subscription period (Trial Period) to our Site and/or Mobile Software at our sole discretion and as described on the Site.
The games and exercises (collectively the Program) on the Site proposed by the Trial are offered in open access during the Trial Period. You understand that the Trial may not include certain information, functionality or services, as specified from time to time.
If you receive a free trial subscription to our Site and/or our Mobile Software, it will begin on the date on which we accept your registration (Trial Subscription Date). The Trial Period cannot be extended, suspended or delayed and will expire upon completion and is not capable of renewal without prior approval by us. You agree not to attempt to register any false information or to manipulate the registration and login system to gain access to additional Trial Period or unauthorised access to the Site without payment.
During the Trial Period you will not be charged a subscription fee. You may abandon, cancel or opt-out of the Trial at any time prior to the expiry of the Trial Period stated incurring no extra cost when doing so. As no payment method is required during the Trial Period, continued access to the Website as a Subscriber will end unless a billing subscription is completed and activated before the end of the Trial Period.
After the Trial Period is completed, your login and registration information will remain active for you to access limited areas of the Website. We cannot guarantee that any information or data in relation to completion of tasks in the Website or progress during the Trial Period is preserved and available for use after expiry of the Trial Period and your child may need to restart its activities if a recurring billing subscription is activated after the Trial Period.
You agree to us collecting, using and analysing all data, progress, scores and activities completed during the Trial Period pursuant to these Terms.
At any time during the Trial Period, you may upgrade your subscription to a paid subscription by completing the recurring billing subscription process.
We will issue you with a Sales Order that will detail :
- Subscription Term (including a start and end date)
- Number of Students subscribed
- Applicable Fee per student
- Any discounts or special terms
- Payments terms
Once approval of the Sales Order has been approved by an authorised representative, a Tax invoice will be sent to you.Your subscription to our Site and/or our Mobile Software will begin following acceptance of the Sales Order for the Subscription Term.
You may alter the number of Student Users at any time, however where the number of Student Users added to your Subscription is greater than 5% of the initial invoiced amount, we will issue an additional invoice to the school for the additional students. This invoice is to be paid within 30 days of the date of the invoice, otherwise the additional Student User accounts will be deactivated.
Cancellations and refunds
You may cancel your Subscription at anytime. We require notification in writing from an authorised representative
For 12 month Subscription Terms
Where the Subscription Term is 12 months or less, upon receiving your notice of cancellation, we will terminate your School’s access to the Site at the end of your Subscription Term. Irrespective of your date of cancellation within the Subscription Term you will have access to our Site and the Literacy Planet program up until the date of termination and you will not be entitled to a refund of any portion of Subscription Period remaining after cancellation.
For greater than 12 month Subscription Terms
Where your Subscription Term is greater than 12 months, you must provide us with 6 months’ written notice of your intention to cancel our Service.
In addition to this, if you were provided with a discount as a result of signing in to a multi-year agreement, you will be required to reimburse us the discounted amount for the period prior to your cancellation.
As an example:
Agreed subscription period: 36 months
Discount received for greater than 12 month agreement: $3/ student/ year
Number of students subscribed: 200
Cancellation received after: 18 months
Actual subscription period: 18 Months
Notice period: 6 months
Total valid subscription period: 24 months (2 years)
Discount received for multi-year agreement: $3 x 2 years x 200 students = $1,200
Final invoice amount: $1,200 plus any unpaid subscriptions to the end of the notice period
In the event student numbers are decreased by more than 5% of the original Student User numbers, at our absolute discretion we may agree to refund a pro-rata amount based on the reduction of Student User accounts and the number of days remaining on your Subscription Term.
Where a refund is agreed, this will be provided to the School crediting your original method of payment upon invoice.
If we decide to discontinue use of the Website or Service we will make a reasonable effort to provide you with a pro-rata refund of any monies paid for our service unless the account was suspended or terminated due to unlawful conduct. If you breach these Terms, we may suspend or terminate your access to the Website and Service and in such circumstances you will not be entitled to a refund of any monies paid.
Complaints and Dispute Resolution
We will handle all complaints according to our internal dispute resolution procedure.
Our dispute resolution procedure requires that we seek to resolve your complaint within 21 days, although it is not always possible to do so.
Communications Between Us and You
We will contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website or Service, or of any related products and services. You may opt out of commercial advertising and marketing emails at any time by clicking the unsubscribe link at the end of each such email.
We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without our written consent assign or transfer any of your rights and obligations under these Terms.
The Spam Act 2003 (Cth) prohibits sending unsolicited commercial emails, SMS and MMS messages for commercial purposes. Examples of unsolicited communications are ones that do not directly relate to a service you have previously signed up with or agreed to.
We are committed to observing and complying with our obligations at all times under any relevant Spam legislation and regulations in any subject country.
For the purpose of this Spam Statement, the term ‘subject country’ means the country from which you access our Site.
We assure you that:
- We will not send you any unsolicited commercial electronic messages without your consent;
- We promise not to use address harvesting software in any circumstances; and
- You may at any time unsubscribe from any mailing list to which you have previously subscribed.
If for any reason there appears to be no facility to unsubscribe from the mailing list, please contact us advising us of your wish to unsubscribe.
To assist us in combating Spam, we request your assistance with the following:
- if you receive an offensive or unauthorised commercial message, which appears to originate from an Intrepica or LiteracyPlanet email address, please assume that it has been sent in error and contact us immediately;
- please ensure that you unsubscribe from any of the LiteracyPlanet mailing lists if you decide that you no longer wish to receive electronic commercial messages from LiteracyPlanet or its contracted third parties; and
- please contact us regarding any changes to your personal details or cancellation of your email address.
Any failure by us to enforce any term of these Terms shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these Terms be taken to be a waiver of the provision or provisions itself.
You agree to indemnify us against all liabilities, claims and expenses that we incur or suffer as a result of any breach of these Terms by you or otherwise as a result of your unauthorised use of the Website.
Changes to these Terms
Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
These Terms and any disputes arising out of or relating to these Terms, the Service or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of Queensland, Australia, and you and we each submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.
In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable. We can replace any term that is not valid and enforceable with a term of similar meaning that is valid and enforceable.
These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by us. Except in respect of liability that cannot be limited or excluded under applicable law, you acknowledge that you have not relied on any representation, warranty, condition or undertaking apart from those (if any) expressly set out herein.
If you wish to cancel your Subscription with us, please telephone: +61 7 5656 9696 or email firstname.lastname@example.org.
To unsubscribe to our mailing list, please email: email@example.com
Official correspondence must be sent via postal mail to:
Customer Service Manager
Intrepica Pty Ltd
PO Box 1001
ROBINA QLD 4226
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