Acknowledgment and acceptance of General Conditions
Global network of 3P Learning websites, including but not limited to those for the Mathletics, Spellodrome, Readiwriter, Reading Eggs, Mathseeds, WordFlyers 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 Ltd and/or its subsidiaries and/or licensors (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. 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 or referred to on this page (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions and that agreement may be enforced by us. If you do not agree with any of these General Conditions, you must cease using the Site.
These General Conditions apply to all users, regardless of whether a licence to Access the Site has been purchased by a school / educational institution on behalf of students and teachers, or directly by a student or parent. In the case of students who are minors, permission must be sought by that student’s school or parent / guardian (as applicable) before that student is provided with Access to the Site.
We reserve the right, at our discretion, 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.
Ownership of content
The Site, including without limitation all materials displayed on or produced through the Site, information, text, illustrations, graphics, video, sound recordings, software including the code comprising or used to operate the Site, functions, tools, results derived from the use of software and tools, data collected from Access to the Site, names, logos and trade marks on the Site (collectively, Content) and the intellectual property therein belong to us and are protected by copyright, trade mark, trade secrets and other intellectual property laws unless expressly indicated otherwise on the Site.
You must not modify, copy, reproduce, republish, frame, reverse engineer, 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.
User Generated Content
Certain Sites and products may allow registered users to submit content through, or post content on, the Site (User Generated Content or “UGC”). For example, audio recordings of phonemes within the Readiwriter Phonics product (where students repeat and record letter sounds within the product), or feedback about our products through our customer feedback forums.
Access to audio recordings by students for the purposes of (i) above, is restricted to the registered user/student that recorded the audio and their teacher/nominated school administrator, where access to the product has been purchased as part of a school subscription, and in all cases, only behind the product login. Parents may access stored recordings via their child’s login or with a parent login, when available.
Comments, suggestions and other feedback about our products, made through our customer feedback blogs, may be viewed by other customers. If you would prefer to submit feedback to us directly, please contact your account manager or at http://www.3plearning.com/contact/
If you are going to make content available through our Site, it must not be offensive or inappropriate, and it must not infringe or violate the rights of any third party.
We reserve the right to take down or delete any UGC at our discretion.
User code of conduct and Access rights
Any user, including, students or teachers, found to be in breach of these General Conditions, acting in a manner that we deem to be inappropriate or inconsistent with the spirit of these General Conditions (e.g. submitting fraudulent results), or that is unlawful or prohibited by any laws applicable to the Site, may have their Access to the Site revoked.
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.
Users of the Site must protect their usernames and passwords from unauthorised use. If you suspect any unauthorized use of your account, please notify us immediately.
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). In the case of school/educational institution customers, you may use the information generated by features of the Site, such as student reports, for non-commercial educational purposes.
You must not use the Content for commercial purposes without first obtaining our express written authority.
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.
The Site and our Content is continuously evolving. We reserve the right to delete, modify, change, evolve and improve existing Content, including curriculum, product features and tools, at any time without notice or consent.
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. We reserve 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.
Individual licences (“Home subscriptions”)
Mathletics home subscription licences are for individual, non-commercial, purposes and are non-transferable.
Users are responsible for their own internet usage charges. It is the responsibility of the user to ensure their computer and internet access is sufficient to access Mathletics.
Parents are able to change the year level/grade level of their child’s course up to six times a year.
Trading & Shipping Policy: Web-delivered goods are supplied immediately upon processing of credit card details. All taxes are detailed on the tax invoice provided to the client. Card types accepted: Visa, MasterCard, Bank cards. We do not accept Amex or Diners Club.
Customer Service Policy: All goods/services supplied will be in good working order. All faulty goods will be exchanged for a working version at no additional cost to the client or the purchase price will be refunded.
Returns/Refunds Policy: For Mathletics home subscriptions we offer a no-questions-asked 10 day money back guarantee. No refunds will be offered after this time except in the event the goods/services are faulty and cannot be repaired or replaced, or otherwise in accordance with applicable statutory consumer protection laws. If a school purchases a bulk order for its students, then any parents of students part of that bulk order who purchased independently within the previous 28 calendar days will be entitled to a pro-rata refund. No refunds will be offered after this time.
Credit Card Transaction Policy: All credit card transactions are completed over a secure internet connection using strong cryptography and security protocols. Digital certificates are used to maximise security when receiving credit card information.
Consumer Purchasing Information Policy: 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.
For our school / educational institution customers (School Customers) that purchase licenses on behalf of students and teachers, we enter into additional, specific terms at the time of purchase (Purchase Terms). Access by the School Customer and its teachers and students is governed by these Purchase Terms in addition to our General Conditions.
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 except where warranties are made non-excludable by applicable legislation.
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 except where such liability is made non-excludable by applicable legislation. 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 except where warranties are made non-excludable by applicable legislation.
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 applicable legislation.
You agree to 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 Australian 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 deceptive;
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.
Links to other websites
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.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstances or similar circumstances.
However, if we expressly 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.
We may, at our complete discretion, remove from competition any students, classes and schools not participating in courses or on content appropriate for their age. 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.
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. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these General Conditions is taking place or originating.
Standard Subscription Contract Terms (applicable to UK and EU school subscriptions)
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, access 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 may 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 associated pricing are effective for the period outlined in the quotation and invoice (Term). The price per student applied to this Agreement will also apply to any additional student access purchased before the end of the Term. An invoice will be raised once the terms of the quotation are accepted. All amounts are payable as indicated on the quotation and invoice unless disputed within 15 days from the quotation date. Purchases of 3P Learning products are non-refundable.
New product purchases and renewing contracts will be issued with a notice of renewal of Licence (Renewal Notice) at least 60 days prior to the end of the Term. The Renewal Notice will set out the pricing and terms applicable to the renewal term. The Customer may cancel the agreement for the renewal term and any future Licence periods by notifying 3P Learning, in writing, at least 30 days prior to the end of the current subscription period. In the event that no such notice of cancellation is received, the Licence will automatically renew for a further 12-month term in accordance with the provisions set out in the Renewal Notice.
3P Learning reserves the right, at its discretion, to suspend the Licence and access to the relevant 3P product(s) pending payment of any outstanding invoice(s). Invoices not paid in accordance with the payment terms 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.
By submitting an order, the requester represents that they have the full authority to place the order and bind the Customer to the terms of this Agreement.
Got a question?
No problem, we’re here for you. Please address all requests and questions about our Terms & Conditions to your local customer support team.