LiteracyPlanet's Parent Subscription
Agreement and Terms of Use.

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”).

These Terms of Use (“Terms”) detail the terms on which you may make use of our website located at www.literacyplanet.com, as well as any smartphone applications, tablet applications, and other network-connected products and services that link to these Terms of Use (collectively, the “Sites”), whether as a guest, an enquirer, or a registered user (“Subscriber”), collectively known as “Users.”

Use of our Sites includes accessing, browsing, or registering to use our Sites.

Please read these Terms carefully before you start to use our Sites, as these will apply to your use of our Sites. We recommend that you print a copy of this for future reference.

By accessing, viewing, or using the content, material, products, or services available on or through the Sites (collectively, the "Services"), you certify that you have read, understand, and agree to be legally bound by these Terms, including all terms, conditions and policies incorporated herein by reference, including our Privacy Policy and COPPA Privacy Notice. If you don't agree with any of these Terms, or if you have any objections to our Privacy Policy or COPPA Privacy Notice, you must not use our Sites or Service.

These Terms apply to all Users of our Sites on or after 7 January 2019.

  1. Overview

Intrepica offers an online literacy education platform and service (the “Platform”) 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 Platform may be registered, trialling or paying Subscribers. The different payment options and services offered for the different levels are published on our Sites 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 Platform 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).

  1. Parent

If you are subscribing to the Platform and creating accounts on behalf of student(s), you represent and warrant that you are a parent or legal guardian of such student(s).

These Terms are strictly for the use of the Platform for Parents for use at home. If you are a school, teacher or home school you will need to subscribe to our Platform for schools here school /teacher sign up).

Please note that all persons under the age of 18 are required to have a parent or guardian read and accept these Terms, our Privacy Policy, and our COPPA Privacy Notice on their behalf.  In addition, we require verifiable parental consent before a user under the age of 18 can register to use the Platform.

If your son or daughter has used your credit card on our Sites without your permission, contact us immediately.

You and your family's privacy is very important to us. The LiteracyPlanet COPPA Privacy Notice provides details about our handling of personal information about children who register to use the Platform. Other than personal information collected about registered child users of the Platform, the Site does not knowingly collect personal information about children under the age of 18.

  1. License to use the Platform

Subject to these Terms, Intrepica hereby grants you a single, limited, terminable, revocable, royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and use the Platform, and to allow your child to access and use the Platform, solely for informational and educational purposes. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, telecommunications applications and providers, and other items necessary or appropriate to enable you and your child to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, any software, applications, or other materials, including the Platform, made available to you is the copyrighted work of Intrepica or its licensors. Copying or distributing the Platform or the Platform Content (as defined below) is expressly prohibited.

  1. Registration for Platform

In order to access content, material, products, or services on the Platform, you will be asked to register and create an account for yourself and your child. As part of the registration process, you may be asked to click to agree to these Terms, and you and your child may then be asked to select or submit a user name and password. You may also be required to provide Intrepica with certain information about yourself or your child, including some types of personally identifiable information, such as your legal name, phone number, physical address, and email address. You are responsible for ensuring that your and your child’s password and account login are kept secret, safe, and secure at all times. Intrepica will not be held responsible or liable for any misuse of your account or the account of your child in the event that a third party has access to and uses your or your child’s password and account login in any way.  You are responsible for notifying Intrepica of any malfunctioning of your or your child’s password or account login or other problems with your or your child’s use of the Platform.

If and when you elect to purchase a subscription to certain Services through the Platform, you will be required to provide other personal information, such as a billing address and other payment details. Additional information may be collected by Intrepica or its third party service providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to Intrepica via the Sites or the Platform or otherwise is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided. Should any of the information you provide on the Sites or Platform change, please contact us or login to your account and update such information directly on the Platform.

Any personal information that you provide to Intrepica via the Sites or the Platform is subject to Intrepica’s Privacy Policy and COPPA Privacy Notice.

  1. Trial Periods, Subscriptions, Billing, and Prices
    1. Trial Period & Subscribing

We reserve the right to propose a trial subscription period (Trial Period) to eligible new Users of our Platform from time to time, at our sole discretion and as described on our Sites. The duration of any free Trial or promotional offer may vary and will be displayed on our Sites for new Users and/or communicated directly to existing Subscribers via the Sites or email communications.

To receive a free Trial or promotional offer you will need (if you have not already done so) to register as a Subscriber. We may collect credit/debit card details at this time. If you become a paying Subscriber during/after your Trial Period depending upon the promotional offer at the time, your credit/debit card will be charged at the beginning of your first payment cycle. It is your responsibility to know when your Trial Period ends, and to cancel your free Trial or promotional offer if you do not wish to become a paying or recurring billing Subscriber of our Platform.

The games and exercises on the Platform 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 an offer for a free Trial or promotional offer to our Sites, it will begin on the date on which we accept your registration (Trial Subscription Date).

Each User can subscribe to a Trial Period offered once only (counting one offer per PC). If you have previously received a Trial, you will not be eligible to receive another Trial. 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 Platform without payment.

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. For free trial offers, continued access to our Platform as a Subscriber will end unless a recurring 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 Platform. We cannot guarantee that any information or data in relation to completion of tasks on the Platform 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.

  1. Billing

Your subscription to our Platform will begin on the date on which we accept your paid registration (Subscription Date).

Your subscription is not confirmed until your payment has been received by us and when we receive verifiable parental consent to the use of the Platform by your child. The acceptance of the Terms by checking the box during the subscription process has the same value as a handwritten signature. At the same time you complete the subscription process you will be sent a confirmation email recalling the terms and conditions of your subscription and your subscription will then commence. It is recommended that you keep this email and/or print it out.

Subscriptions are continuous. This means that once you have become a Subscriber, you accept that your subscription will be automatically renewed from one period to the other (Subscription Period) and your credit/debit card will be charged based on the subscription request.

Charges should be processed within 24 hours after the subscription request has been submitted by you.

By purchasing a subscription you confirm that you are the holder of the payment card or account from which payment will be taken, and/or are authorised to use that payment card or account for the transaction and any renewals.

You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Intrepica does not receive payment for a purchase, Intrepica may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. Intrepica may also charge you a late payment charge of one and one half percent per month. You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Intrepica’s net income). To the extent that Intrepica is obligated to collect such taxes, the applicable tax will be added to your billing account.

  1. Price

The price of a subscription to the Platform is expressed in the relevant local currency of the Sites. Acceptable payment methods will be displayed at the time payment is made. Each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Subscription prices may be changed by us at any time and we shall provide you with appropriate notice of any change in your subscription price prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or in usual member communications. If you do not wish to continue with your subscription due to the new price, you may opt out of renewal as set forth in Section 6 below.

  1. Cancellations and refunds
    1. Cancellation

You may contact us at any time if you wish to cancel your Subscription to our Platform.

Upon receiving your notice of cancellation, we will terminate your and your child’s access to the Platform immediately on the day that cancellation occurs. You will not be entitled to a refund for any portion of the Subscription Period remaining after cancellation.

If you cancel your Subscription outside of the trial period, the cancellation must be carried out a minimum of 48hrs before the Subscription renewal date. This delay is necessary to ensure that the cancellation has taken effect prior to the bank taking payment for the subscription service. If you cancel your Subscription less than 48hrs before the subscription renewal date you run the risk that the cancellation will not be effective before the following renewal date, whereby the payment for that period may be automatically debited from your account before the cancellation will take effect.

  1. Refunds

All purchases through the Platform are nonrefundable, regardless of use or lack of use by you and regardless of whether you cancel a Subscription prior to the end of the term. All refunds will be made in Intrepica’s sole discretion. Once a charge has been processed to your credit card or wireless account, you shall not request that your credit card or mobile carrier company reverse the charge or charge it back to Intrepica. If you have a legitimate basis to request a credit for a charge previously processed against your credit card account, you may request a credit from Intrepica by written notice and resolve the issue directly with Intrepica. Any reversed charges that cause the credit card company to impose a charge back, refund, or credit cost against Intrepica shall be reimposed by Intrepica upon you. Such costs may exceed the cost of the reversed item or charge back by many times.

Any refunds that Intrepica chooses to make will be credited to the credit/debt card to which your Subscription was charged. Please allow a reasonable time for the refund to be charged back to your card.

If you do not let us know that you want to terminate your Subscription as set out in Section 6.a above, the payment for the renewal period of the Subscription will still be made.

The renewal of the Subscription takes place subject to the Terms in force on the date of renewal.

  1. Credit card Transactions

All credit card transactions are done over a secure internet connection using 128 BIT SSL encryption.

Digital certificates are used for security purposes when receiving credit card information. Purchasing information provided from online transactions is used for accounting purposes only.

After payment, no credit card details are retained or stored. Stringent physical and technological measures are taken to protect customer information.

  1. Termination

If we decide to discontinue use of the Platform we will make a reasonable effort to provide you with a pro-rata refund of any monies paid for our Platform 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 Site and Platform and in such circumstances you will not be entitled to a refund of any monies paid.

  1. General Restrictions on Use

You agree to use the Platform and the Services only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Platform and Services for your and your child’s non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

YOU WILL NOT (AND WILL NOT ATTEMPT TO AND WILL ENSURE THAT YOUR CHILD DOES NOT):

  1. REPRODUCE, DUPLICATE, COPY, SELL, TRADE, OR RESELL ANY ASPECT OF THE PLATFORM OR THE SERVICES FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES;
  2. Redistribute any of the Platform Content or in any way modify any materials, documents, or graphics on the Platform;
  3. Access the Platform or any of the Services by any means other than through the interface that is provided by Intrepica, or use your access to the Platform (or a directory associated with the Platform) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Platform;
  4. Gain unauthorized access to Intrepica’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, the Services, or Intrepica’s networks and computer systems;
  5. Access the Platform or any of the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Platform is indexed by general purpose consumer-accessible search engines, such as Google, Yahoo, MSN, or Bing;
  6. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes;
  7. Upload, post, or otherwise transmit, through the Platform, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Intrepica;
  8. In any way imply that Intrepica endorses you or your products or services or has any affiliation with you or otherwise misrepresent your relationship with Intrepica or present false information about Intrepica; and
  9. Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Intrepica in a way that is likely or intended to cause confusion about the owner or authorized user of materials.

Certain features of and certain Services made available through the Platform may be subject to further restrictions, including any features provided in connection with third party vendors. These additional terms will be made available to you via a link in these Terms or at the time when you first access those features or Services.

  1. Content on the Platform

As between you and Intrepica, Intrepica owns or licenses all information and materials, including data, maps, logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on the Platform or on any Platform Content. As between you and Intrepica, all names, trademarks, symbols, slogans, or logos appearing on the Platform are proprietary to Intrepica or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.

Certain features of the Platform may allow you or your child to contribute information, data, feedback, images, and other materials to the Platform (collectively, “User Content”). With respect to any User Content posted by you or your child to the Platform or otherwise submitted by you or your child to Intrepica, you represent that you have the full legal right to provide (or for your child to provide) the User Content and that use of the User Content by Intrepica on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) be obscene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

Upon your or your child’s submission of User Content or other material or information to Intrepica, you grant Intrepica a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you or your child whatsoever. For avoidance of doubt, Intrepica shall be under no obligation to: (1) maintain any User Content in confidence; (2) compensate you or your child in any way for such User Content; or (3) respond to any User Content.

Intrepica accepts no responsibility and makes no representations about the suitability of any User Content made available by you or others on the Platform or through the Services for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness, or correctness.  The opinions expressed on or in any forum, bulletin board, chat room, or blog post are those of the contributing individuals and do not necessarily reflect the views of, nor are endorsed by Intrepica. User Content may be incorrect or contain typographical and other inaccuracies.

Pursuant to Section 230 of the Communications Decency Act, Intrepica is passing along this notice to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information is available at http://en.wikipedia.org/wiki/Content-control_software.

If you would like to request the right to reprint or re-distribute any Platform Content or other information and materials made available through the Platform, please contact us via the methods described in the Section 16 of these Terms.

  1. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including those that relate to pricing, promotions, offers, and availability. Intrepica reserves the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Platform is inaccurate at any time without prior notice. Intrepica cannot and will not review all communications, products, or services made available on or through the Platform. Although not obligated to do so, Intrepica may, however, review, verify, make changes to the Platform or remove any User Content and Platform Content, with or without notice in Intrepica’s sole discretion.

  1. Disclaimers and Warranties

Intrepica expressly disclaims, to the fullest extent permitted by law, any express or implied warranties that the: (i) Platform, Services, Platform Content, goods, advice, information, or links provided on the Platform will meet your or your child’s requirements; (ii) Platform and Services will be uninterrupted, timely, secure, or free from error; and (iii) defects or flaws in the operation or functionality of any software provided to you or your child as part of the Services will be corrected. Intrepica further disclaims any warranties or other guarantees regarding the Platform, Platform Content, goods, services, advice, information, or links provided by any third parties or users, including the User Content. No advice or information, whether oral or written, obtained by you or your child from Intrepica (whether through the Platform or otherwise) shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Platform Content and User Content may be transferred unencrypted and involve transmissions over various networks and may require changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Intrepica does not guarantee that any information sent to or from the Platform will be secure during transmission, nor can Intrepica guarantee the confidentiality of any communication or material transmitted to Intrepica via the Platform or the Internet in general, including, for example, personal information such as your or your child’s name or address. Intrepica assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or alteration of, or unauthorized access to any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Platform, including any injury or damage to you or your child or to any person’s computer or other device related to or resulting from use of the Services or the Platform.

No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the Platform, Platform Content, and/or Services, except to the extent that they are expressly set out in these Terms. THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORM ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”

  1. Limitation of Liability

IN NO EVENT WILL INTREPICA BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL INTREPICA’S LIABILITY EXCEED THE PRICE YOU PAID FOR YOUR SUBSCRIPTION TO THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF INTREPICA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS.

Without limiting the foregoing, you understand and acknowledge that Intrepica shall not be liable to you or your child for:

  1. Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you or your child arising out of your or your child’s use of, or inability to use, the Platform or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
  2. Any loss or damage which may be incurred by you or your child as a result of: (i) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the Platform, including any advertising; (ii) any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform or the Services; (iii) any changes that Intrepica may make to the Platform or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iv) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your or your child’s use of the Platform or the Services; (v) the use of any products or services obtained on or through the Platform; or (v) any other matter relating to the Platform, the Services, the Platform Content, or the User Content.

The limitations on Intrepica’s liability to you and your child in this Section 11 shall apply whether or not Intrepica has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU OR YOUR CHILD ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR THESE TERMS, YOUR AND YOUR CHILD’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

  1. Indemnity

You agree to defend, indemnify, and hold harmless Intrepica, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your and your child’s use of and access to the Platform and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including intellectual property or privacy rights; or (iv) the use by of the Platform by any person using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your and your child’s use of the Platform and Services. Intrepica reserves the right, at Intrepica’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or your child hereunder, and you and your child shall cooperate in all reasonable respects in such defense. You and your child may not settle any claim contemplated in this Section 12 without the prior written consent of Intrepica.

  1. Features Provided by and Links to Third Parties

The Platform may contain links to other websites or feature services of third parties for the convenience of user, including services that allow Platform Content to be delivered through third party distribution channels. These third party websites and services may be available on the Platform via a link, redirect, connect, "frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. Links to other online services may use Intrepica’s logos and/or look-and-feel as a result of a co-branding agreement.  In order to utilize some aspects of the Platform and Services, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Intrepica’s third party service providers, suppliers, and licensors.

To the extent applicable, these Terms shall apply, but please be aware that Intrepica has no control over these third parties. Intrepica does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your and your child’s use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Intrepica encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter. Intrepica may provide you with additional third party provider terms of use where applicable to your use of a particular feature, function, or other element of the Platform or Services, which (for the avoidance of doubt) are in addition to these Terms and apply only to that particular feature, function, or other element of the Platform or Services addressed by them.

  1. Dispute Resolution

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in [insert city and state], unless Intrepica elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of [insert state]. The arbitrator shall not be bound by rulings in prior arbitrations involving different Intrepica users, but is bound by rulings in prior arbitrations involving the same Intrepica user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Intrepica will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Intrepica should be submitted by mail to the AAA along with your demand for arbitration and Intrepica will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Intrepica will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Intrepica for all fees associated with the arbitration paid by Intrepica on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing Intrepica a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Intrepica account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Intrepica.

TO THE EXTENT THESE TERMS MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL.

  1. Miscellaneous

These Terms, including the Privacy Policy and COPPA Privacy Notice, constitute the entire legal agreement between you and Intrepica regarding the Platform and govern your and your child’s use of the Platform, Services, and any transactions you may have with Intrepica through the Platform. These Terms completely replace and supersedes any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Intrepica regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Platform conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

You understand that Intrepica may make changes to these Terms from time to time. Your or your child’s continued use of the Platform following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Intrepica will make a new copy of the Terms available on the Platform. You agree that Intrepica is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that any failure or delay of Intrepica to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Intrepica has the benefit of under any applicable law) will not be taken to be a formal waiver of Intrepica’s rights and that those rights or remedies will still be available to Intrepica. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

  1. Contact Us

If you have any questions about these Terms of Use, please telephone: +61 7 5656 9696 or email info@literacyplanet.com.

If you wish to cancel your Subscription with us, please telephone: +61 7 5656 9696 or email cancellations@literacyplanet.com.

To unsubscribe to our mailing list, please email: unsubscribe@literacyplanet.com

Official correspondence must be sent via postal mail to:

Customer Service Manager
Intrepica Pty Ltd
PO Box 1001
ROBINA QLD 4226

Last Updated: 7 January 2019

 

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