Acknowledgment and acceptance of General Conditions
Global network of 3P Learning websites, including but not limited to those for the Mathletics, Spellodrome, Reading Eggs and World Education Games brands, each operated under the 3P Learning brand, together with challenge websites for national and regional events which may use or integrate with some of the aforementioned websites (the Site) are owned and operated by 3P Learning Pty Ltd (we, us).
The Site refers to any and all access to 3P Learning resources, via static or mobile devices, in either native or mobile application format.
References to the Site in this document include all related 3P Learning brand websites, as mentioned above. This document refers to all contact with the 3P Learning resources, via online access of range of mobile applications available.
Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. We reserve the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions.
Any students or teachers found to be intentionally misusing the site (e.g. hacking or sending fraudulent results) will have their access to the Site revoked.
Users must protect their usernames and passwords from unauthorised use.
Students and teachers are not to use rude or inappropriate words as part of their names.
We collect anonymous information about you and your activities on the Site. Anonymous information is information that is not linked to your identity. This is primarily used to assist us in enhancing the learning resources and the information remains anonymous at all times.
By using the Site you grant us the right to use this anonymous information for our own purposes, such as the preparation of statistical reports, provided we otherwise comply with our obligations in respect of the use of personal information.
Ownership of content on the site
The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
Access to the site
You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
You must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the General Conditions.
You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your Access.
A paid subscription to any 3P Learning resource permits the subscribed user access to the resource in its native format across both static and mobile devices. 3P Learning reserves the right to levy additional charges for access to resources outside of this limitation. In some cases, additional subscription charges may be levied for non-native access, premium additional content, printed content, mobile device access to standalone components of 3P Learning resources as well as special 3P Learning educational events or competitions.
You must not use the Content for commercial purposes without first obtaining our express written authority.
Standard Subscription Contract Terms (applicable to UK and EU school subscriptions)
3P Learning will supply its products and services to the Customer under a licence to use them (the “Licence”) in accordance with this agreement. The Licence provided to the Customer allows an assigned number of students selected by the Customer the right to use the purchased product(s) at home or school.
Charges to the Customer by 3P Learning are based on the number of unique students the Customer has requested receive access to the product(s). The Customer can transfer the right to access the product from an existing student to a new student at no additional cost, but only once the previous student’s use of the product has ended. If more than the number of assigned students set out in this agreement use the product(s), then 3P Learning has the right to invoice the Customer for the access provided to the additional students. Where this agreement relates to an individual school subscription, licences must be assigned to student users within the Customer’s school.
The Customer will have access to curriculum, content or tools available within the product(s) at no extra charge. 3P Learning’s product(s) are continuously evolving. 3P Learning will provide upgrades and enhancements free of charge. 3P Learning reserves the right to delete, modify, change, evolve and improve existing curriculum, content or tools at any time without notice to, or consent from, the Customer. 3P Learning will provide telephone and email support services to the Customer. Additional remote or face-to-face training may be chargeable.
The Licence and the pricing in this agreement are effective for the period outlined in the quotation and invoice. The price per student applied to this agreement will also apply to any additional students purchased before the end date of this subscription period. An invoice will be raised once the terms of this quotation are accepted. All amounts will be payable in full within 30 days, unless the invoiced amount is disputed within 15 days from the invoice date. Purchases of 3P Learning products are non-refundable.
3P Learning reserves the right to suspend user licences pending payment of invoices. Unpaid invoices will be subject to a 2% interest charge. The Customer will be liable for collection costs and legal costs on the basis of a solicitor and his own client for any costs incurred by 3P Learning in collecting balances due on unpaid invoices. Notice of change to a Customer’s contact information must be provided in writing to 3P Learning immediately at the time of change. This is a confidential agreement between Customer and 3P Learning. Disclosure of pricing information to other persons or entities, external, internal, related or unrelated parties (other than those parties requiring information in the normal course of duties) is strictly prohibited.
The submission of an order assumes that the requester has the full authority to place the order.
Disclaimer and limitation of liability
Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.
We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: any breach by you of the General Conditions; or
reliance by you on any information obtained through the Site; or your Access to the Site.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
commercialise any information, products or services obtained from any part of this Site.
Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to copy or print any part of the Site, we will claim for remuneration under that scheme where worksheets are printed or photocopied by teachers for use by students, and where teachers direct students to print or photocopy worksheets for use by students at school. A worksheet is a page of learning, designed for a student to write on using an ink pen or pencil. This may lead to an increase in the fees for educational institutions to participate in the relevant scheme.
Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trademark in which we claim proprietary rights. We also assert all our trademark rights under the common law or otherwise. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
in or as the whole or part of your own trade marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or
in a manner that disparages us or our information, products or services (including this Site).
We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.
The laws in force in New South Wales, Australia, govern these General Conditions. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
Advertising and links to other web sites
The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.
Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do they or we accept any responsibility arising in any way for errors in, or omissions from any Linked Sites or Subsequent Sites.
We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.
Challenges and competitions
The Hall of Fame or leaderboard for a challenge or competition does not determine the final result. After the event, we will verify all results. We have the right, at our complete discretion, to determine the final positions of all participants and the winners of all categories.
Participants who do not comply with these General Conditions, may be removed from the Hall of Fame or disqualified from the competition at any time, and we will use our complete discretion as to whether or not removal or disqualification occurs.
Students, classes and schools may be required by us to provide proof of age and to sign a declaration that they individually and collectively participated without assistance from any other person, software, hardware or device.
Any students, classes or schools intentionally misusing the Site be disqualified or removed from the Hall of Fame of the competition or challenge at any time. Examples of misuse include but are not limited to computer hacking of the Site,posting fraudulent results, using computer scripts to improve responses, scores or otherwise.
Students, classes and schools not participating on courses or content appropriate for their age and we may remove ability at our complete discretion. Prizes advertised for a challenge or competition may be substituted, for something of equivalent value, as determined by us or the prize provider at our complete discretion.
Challenges are designed to encourage school and student participation in a fun and engaging online learning event. We are thrilled that so many students from around the world are participating in the variety of events we support, and encourage you all to continue to join in.
Thank you to the following open source projects: AngularJS, As3bridge, jQuery, JSON, lodash, MathJax, Raphaël and $scriptjs.