1. Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the literacyplanet.com website (“Website”), “LiteracyPlanet” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“Customer”, “user”, “you” or “your”) and Intrepica Pty Ltd (“Intrepica Pty Ltd”, “we”, “us” or “our”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “Customer”, “user”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. You acknowledge that this Agreement is a contract between you and Intrepica Pty Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
2. Accounts and membership
There are three membership types for the Services: home account (purchased by or for a Parent); teacher account (purchased by or for an Individual Educator); and school account (purchased by or for Individual Schools, School Groups or School Districts – collectively ‘School’).
If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
- Home accounts
A home account is for a monthly or annual term that is paid for by credit card. The terms available for subscription, and the number of child logins required, can be selected at the time of purchase or changed prior to the anniversary of the term. Home membership are automatically renewed until a cancellation request has been received. See Section 4 below for more information.
- Teacher accounts
The teacher account is for individuals who are employed by a School. The membership options are: (i) Starter which is free, and (ii) Pro which is paid for by credit card on a monthly or annual term. Both memberships have certain restrictions on: (i) the number of Students for whom you may grant access to the Services, and (ii) features within the Services you can use. These restrictions are detailed on the Website and at the point of purchase.
By registering for a teacher account, you represent and warrant that: (i) you are an authorised representative and employee of a School, (ii) you have the authority to enter into a contract for the Services on behalf of the School, and (iii) that you have the consent of the parents or guardians for Students under 18 years of age who will be accessing the Services you have subscribed to. If at any time you can no longer comply with any of these conditions, you agree that you will notify us immediately at firstname.lastname@example.org.
Pro memberships are automatically renewed until a cancellation request has been received. Starter memberships will remain active at no charge until a cancellation request has been received. See Section 4 below for more information.
- School accounts
A School account can only be purchased by an accredited educational institution, education group, district or registered homeschooling organisation, for which the Services are for the exclusive use of its employees and students.
If you are trialling or subscribing to the Services for your School, you represent and warrant that: (i) you are an authorised representative of the School, (ii) you are authorised to enter into a contract for the Services on behalf of the School, and (iii) you have the consent of the parents or guardians for Students under 18 years of age who will be accessing the Services subscribed to by your School.
A School account typically includes an unlimited number of teacher users and a maximum number of student users (which may vary depending on the school’s requirements). The membership term may be for one year or longer and will be agreed upon in writing prior to the start of the membership term.
3. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If any charge owing under this or any other agreement is 30 days or more overdue, LiteracyPlanet may suspend services until such amounts are paid in full.
Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
- Teacher & Home Accounts
All plans will auto-renew unless cancelled. Upon receiving notice of your cancellation request, we will terminate your access to the Services at the end of the membership term. You will continue to have access to the Services until this date and will not be entitled to a refund for any part of the membership term following the cancellation notice. Cancellation requests can be sent to email@example.com.
- School Accounts
The following applies to the termination of membership contracts (Contract) prior to the end of the agreed membership term, unless otherwise stated by the Contract. The School may cancel its membership at any time by notification in writing from an authorised representative, subject to the following:
Where the Contract membership term is 12 months or less, upon receiving notice of your cancellation request, we will terminate your access to the Services at the end of the membership term. You will continue to have access to the Services until this date and will not be entitled to a refund for any part of the membership term following the cancellation notice.
Where the Contract membership term is greater than 12 months, you must provide us with 6-months written notice of your intention to cancel your access to the 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 the discounted amount for the term prior to your cancellation.
As an example:
- Agreed membership term: 36 months
- Discount received for multi-year membership: $3 per student, per year
- Number of students subscribed: 200
- Cancellation received after: 18 months
- Actual membership term: 18 Months
- Notice period: 6 months
- Total valid membership term: 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
All fees and charges are prepaid and nonrefundable, and there are no refunds or credits for partially used terms. Our efforts in provisioning and maintaining the Services for you are front-loaded and for that reason prorating of fees in the event of early cancellation is not appropriate.
In the event student numbers are reduced by more than 5% from the Contract amount, and at our sole discretion, we may agree to refund a pro-rata amount for the reduction and the number of days remaining for the membership term.
5. Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services has been modified or updated.
6. Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
7. Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, Intrepica Pty Ltd will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
8. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
9. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Intrepica Pty Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Intrepica Pty Ltd. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Intrepica Pty Ltd or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Intrepica Pty Ltd or third party trademarks.
10. Collection of data
For teachers, we may send marketing emails to the address associated with the account. We may also use targeted advertising on third party sites, and contact teachers via email or via the Services who may be eligible for a contest, survey, or other promotion that we may host. We do not contact student users directly or indirectly, nor solicit any personal information from them for any purpose. The participation of students in any contest or promotion hosted by us is at the discretion and authority of their teachers and school administrators.
11. Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
12. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Intrepica Pty Ltd, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Intrepica Pty Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Intrepica Pty Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Intrepica Pty Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any wilful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
15. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
17. Agreement Term
This Agreement commences on the date the Customer first accepts it and continues until all memberships hereunder have expired or have been terminated.
A party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
18. Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.
19. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
20. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so by sending an email to firstname.lastname@example.org.
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Last updated: 19 August 2022