The Fine Print
This page outlines the General Conditions of access to and use of all 3P Learning resources, online programs and related events.
Acknowledgment and acceptance of General Conditions
- The global network of 3P Learning websites and resources, including but not limited to our websites and digital learning resources for the Mathletics, Spellodrome, Readiwriter, Reading Eggs, Mathseeds, Wordflyers, World Maths Day and World Education Games brands, together with challenge websites for national and regional events which may use or integrate with some of the aforementioned websites, as well as 3P Learning Uservoice and feedback forums (collectively, the Site) are owned and operated by 3P Learning Ltd and/or its subsidiaries and/or licensors (collectively we or us).
- The Site refers to any and all access to 3P Learning websites and 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 in accordance with applicable law, 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, such as 3P Uservoice.
- 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.
- Your name and comments, suggestions and other feedback about our products, made through our feedback forums including 3P Learning Uservoice, may be viewed by other customers and users registered to participate in those feedback forums. If you would prefer to submit feedback to us directly, please contact your account manager or at 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 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.
- Copyright in this Site (including without limitation all content, text, graphics, logos, icons, sound recordings, video, software and downloadable / printable files, worksheets, workbooks and resources) is owned or licensed by us.
- Other than for the purposes of, and subject to the conditions prescribed under copyright law applicable to you (for example the Australian Copyright Act 1968 (Cth) or similar legislation which applies in your location), or except as expressly authorised by these General Conditions, you may not in any form or by any means:
- adapt, reproduce, communicate, 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.
- Reproducing resources in hard copy: Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to photocopy or print any part of the Site, we (or the owner of the copyright material) will claim remuneration under that scheme where such resources (for example, but without limitation, our worksheets, workbooks or other resources that can be used in hardcopy format) are printed or photocopied by, or on behalf of, educational institutions (e.g. by teachers for use in the classroom or by students or where teachers direct students to print or photocopy worksheets for use by students at school). This may lead to an increase in the fees for educational institutions to participate in the relevant scheme.
Individual Licences (“Home Subscriptions”)
- Home subscription licenses are for individual, non-commercial purposes. Each license provides access to the relevant resource for a nominated student.
- Term of Subscription and Renewal: Home subscriptions are provided on an auto-renewing basis to ensure continued access to and use of the relevant resources. Home subscriptions have a one (1), six (6) or 12 month minimum initial term that automatically renews for consecutive periods of the same length (each a renewal term) unless notice of cancellation is provided prior to the expiry of the initial term or any renewal term. We will automatically charge your nominated account using the payment method on file for each renewal term. We do not provide refunds to users who cancel part way through the initial term or any renewal term of a subscription (subject to our returns/refunds policy below). You can manage and make changes to your subscription by logging into your account.
- Pricing: Fees and charges for your home subscription are detailed at the point of purchase. For each renewal term your payment details will be automatically charged the then current fees for the licence type you have selected, continuing on a recurring basis until you cancel your subscription. Promotional pricing, discounts and free trials only apply for the period specified and will commence on the purchase date unless otherwise agreed. At the end of the promotional period, your fees will revert to the then current fees for the licence type you have selected. All taxes are detailed in the tax invoice provided to the customer.
- Delivery of products and services: Access to web-delivered services is provided immediately upon processing of payment.
- Product access and use: Users are responsible for their own costs associated with accessing the product, e.g. internet usage charges, data costs and computer / smartphone equipment costs. It is the responsibility of the user to ensure their device and internet access is sufficient to access the relevant product.
- Parents are able to change the year level/grade level of their child’s course up to six times a year.
- Customer Service / Refunds 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. For Mathletics home subscriptions we offer a no-questions-asked 10 day money back guarantee, commencing on the day of purchase of the initial subscription term. 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.
- Consumer Purchasing Information Policy: All payments are completed using PCI compliant payment gateways, over a secure internet connection using strong cryptography and security protocols. Digital certificates are used to maximise security when receiving payment information. Purchasing information provided from online transactions is used for cart tracking, subscription billing, subscription management and accounting purposes only.
- 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.
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 and Third Party Tools
- 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.
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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 Purchase Terms and Conditions
Unless otherwise indicated, the start date for the Licence shall be the date this Agreement is accepted.
Unless otherwise indicated, 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. You can request additional assigned students at any time. 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. Such amounts will be based on the number of additional students and the current price per student pro-rata for the remaining month(s) of the Licence. Where this Agreement relates to an individual school subscription, access must be assigned to student users within the Customer’s school.
All fees are non-cancellable and non-refundable and are based on access quantity or professional services purchased and not on actual usage. A minimum purchase quantity of the total student roll for at least one Customer class applies. A minimum purchase quantity ($) may also apply.
Unless otherwise stated, this offer expires 30 days from the quote date. We may from time to time offer discounts and other promotions. Special pricing, offers, discounts and complimentary access apply to the specified product, service and period of service specified in this Agreement, in addition to any other terms and conditions forming part of the relevant promotion or offer. Unless otherwise stated, complimentary subscriptions will be applied on the lowest price item(s). Pricing and terms of this offer are subject to change without notice before acceptance of the offer.
Unless otherwise indicated on the quote or invoice, the invoice will be payable within 30 days of invoice date.
We reserve the right to suspend or terminate your access to our products and services with notice to you if you’re in breach of the Agreement, including where payment of your invoices is outstanding.
We won’t provide notice before termination where:
- you’re in material breach of this Agreement,
- doing so would cause us legal liability or compromise our ability to provide products and services to our other customers and end-users, or
- we’re prohibited from doing so by law.
Invoices not paid in accordance with the payment terms will be subject to a 2% interest charge. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
If applicable to your Licence, “whole school” shall mean a subscription for all students within a school or, where relevant, all students within a school phase such as “primary” or “secondary” years.
Schools opting for a multi-year Licence (paid annually) agree to maintain the access quantity (i.e. number of students) ordered in year 1 across all years of the subscription period and will be invoiced annually in advance of the following twelve month period. The unit price set out in the Licence shall apply throughout the multi-year Agreement, regardless of any changes to the recommended retail price during that period, provided always that any increase to applicable taxes or third party fees during the period shall be added to the invoice.
Cancellation of a multi-year Licence (paid annually) prior to the Licence expiry date will require written notice to 3P Learning. In the event of an early termination, the Customer will be required to pay 25% of the remaining amounts due under the Agreement (“Early Termination Fee’’). This means that if a Customer signs up for a three (3) year License and terminates after one (1) year, then 25% of the remaining 2 years of the subscription period will be due and payable to 3P Learning.
Within 30 days of the License start date, a Customer may request a downward revision to the access quantity purchased, up to a maximum reduction of 10%. 3P Learning reserves the right revise the per unit price (i.e. price per student access) to reflect the removal of any discounts previously provided.
If the Agreement includes the provision of Professional Services, the following terms shall also apply.
Professional Services means all learning & development, user training, education and implementation services detailed in the applicable quote, order form, purchase agreement or otherwise agreed to in writing, and may include, without limitation, onsite training, live online consultation and webinars.
The Professional Services shall be provided during regular working hours and on business days unless otherwise agreed in writing between 3P Learning and the Customer. Professional Services will be provided for the fees outlined in the order form or quote, which may include travel and out of pocket expenses, plus applicable taxes. Changes to the agreed scope of Professional Services may result in an increase in fees and additional charges.
Rescheduling or late cancellation of Professional Services may also result in fees being payable by the Customer in accordance with the order form or quote.
The Customer and 3P Learning shall each provide a primary point of contact for the Professional Services and the Customer shall provide 3P Learning with such accurate and timely information as is reasonably required to scope and deliver the Professional Services. 3P Learning will comply with all reasonable directions of the Customer in respect of the delivery of the Professional Services, provided that such directions are consistent with the requirements of this Agreement and not in breach of 3P Learning’s policies, procedures or applicable law. Where such direction:
- causes 3P Learning’s costs to increase, the Customer must pay for any increase in 3P Learning’s costs plus any expenses; or
- causes 3P Learning not to be able to meet any timetable for delivery, then the timetable must be extended to the extent reasonable given the nature of the Professional Services.
Any work product or deliverable made, created or conceived by 3P Learning or its personnel as part of the Professional Services (Service Materials) shall vest in 3P Learning unless explicitly agreed otherwise.
Any Customer materials and intellectual property used by 3P Learning in the course of providing the Professional Services (Customer Materials) shall remain the property of the Customer. The Customer grants 3P Learning a non-exclusive, non-transferable right to use the Customer Materials solely for the benefit of the Customer in the performance of the relevant Professional Services.
Unless otherwise agreed, subject to the Customer’s payment of amounts due in respect of the Professional Services and compliance with the terms of this Agreement, 3P Learning grants the Customer a non-exclusive, non-transferable, irrevocable and perpetual licence, without the right to sublicense, to use and copy the Service Materials, for the Customer’s internal operational and teaching purposes only.
3P Learning warrants that the Professional Services will be provided using reasonable care and skill in a manner consistent with industry standards and practices applicable to the relevant Professional Services. The Customer must notify 3P Learning of any alleged breach of this warranty within 10 days from the completion of the applicable Professional Services. 3P Learning’s entire liability (and that of its personnel, including employees, agents and contractors) and the Customer’s sole remedy for 3P Learning’s breach of this warranty, will be for 3P Learning to, at its option (i) use reasonable efforts to correct that breach, or (ii) terminate the applicable order and refund the portion of any fees received that correspond to that breach. 3P Learning makes no other warranty or representation, and to the extent permitted by applicable law, disclaims all other warranties whether express or implied or statutory, including any implied warranties of merchantability or fitness for a particular purpose.
By signing, you confirm that you are an authorised signatory of the Customer and you are authorised to bind the Customer to the terms and conditions of this Agreement. Signature (written or electronic) on a 3P Learning Agreement signifies acceptance of these terms on behalf of the subscribing school/institution as a whole and continuity of employment by the authorised signatory has no bearing on this Agreement.