LLLL Online - Terms and Conditions
Last Updated: 15 July 2024
IMPORTANT - Please read this document carefully as it governs your use of Little Learners Love Literacy Online and our other products and services, and impacts your legal rights and obligations.
1. Overview
1.1 Platform
(a) Thank you for using the Little Learners Love Literacy Online platform (the Platform), which is owned and operated by Learning Logic Pty Ltd (ACN 123 049 043 as trustee for Little Learners Love Literacy Discretionary Trust (ABN 37 452 770 459) (Learning Logic, we, our, us).
(b) The Platform allows schools and other educational organisations (Organisations) to (among other things):
(i) provide their students (and their families) with access to a digital library of Little Learners Love Literacy® e-books that have been assigned to them by the Organisation; and
(ii) provide their teachers and other educators with access to a teachers portal that can be used to:
(A) assign eBooks to students and monitor their progress; and
(B) access various features, tools, resources and content to help teachers with class management, teaching activities and professional development,through a web portal that is available at https://staff.llllonline.com/ (the website).
1.2 Acceptance of the Platform Terms
(a) These terms and conditions (the Platform Terms) apply to your access or use of the Platform and Our Content (as defined in clause 5.1(b)). If you do not agree to these Platform Terms, you must not use or access the Platform or Our Content.
(b) If you are an Organisation, you agree that these Platform Terms form a binding agreement between you and us when:
(i) the Organisation (via an employee or authorised person acting on its behalf) creates an organisational account on the Platform and during such process clicks a button or checks a checkbox indicating the Organisation's agreement to, or approval of, these Platform Terms; or
(iI) the Organisation signs, electronically or in hard copy, a document that includes or references these Platform Terms (including an online or hard copy order form).
(c) If you are an employee or authorised person accepting these Platform Terms on behalf of an Organisation under clause 1.2(b), you warrant that you have the legal authority to accept these Platform Terms on behalf of the Organisation and bind the Organisation to these Platform Terms.
(d) If you are a teacher or other staff member who has been invited by an Organisation to access and use the Platform (whether as an Admin User or a Content User, as defined in clause 2.2), you agree that these Platform Terms form a binding agreement between you and us if, after receiving a copy of or notice of these Platform Terms (either in hard copy, electronically or via a hyperlink to them):
(i) you accept the invitation and create your user account;
(ii) you click any button or check any checkbox indicating agreement to, or approval of, these Platform Terms;
(iii) you log into the Platform for the first time using your user account; or
(iv) you otherwise access or use the Platform or Our Content.
(e) If you are the parent, guardian or family member of a child who has is a student of an Organisation and who has been provided with login details (user name and password) to access and use the Platform, you agree that these Platform Terms form a binding agreement between you and us if, after receiving a copy of or notice of these Platform Terms (either in hard copy, electronically or via a hyperlink to them):
(i) you click any button or check any checkbox indicating agreement to, or approval of, these Platform Terms;
(ii) you log into the Platform for the first time using your child's user account; or
(iii) you otherwise access or use the Platform or Our Content,
and you further acknowledge and agree that:
(iv) you are responsible for your child's access and use of the Platform;
(v) you will ensure that your child's access and use of the Platform does not breach these Platform Terms; and
(vi) you are a Content User for the purposes of clause 2.2.
1.3 Changes to the Platform and Our Content
(a) Subject to sub-clause (b) below, we may, from time to time and without notice:
(i) change, add to, or remove features or functionality of the Platform (including Our Content); and
(ii) temporarily interrupt or remove your access to the Platform or Our Content, including for upgrades and maintenance.
(b) If we make a change, addition or removal of features or functionality to the Platform (including Our Content) which has a material adverse impact on you or the benefits you receive (a "material change"), you may raise such concern with us in writing. If we are unable to address your concerns with the material change (such as by way of workaround) to your reasonable satisfaction within 14 days of receiving written notice of your concerns:
(i) you have the right to terminate this agreement on written notice to us;
(ii) if you elect to terminate pursuant to sub-clause (b)(i),
(A) this agreement (and your subscription to the Platform) will terminate on the last day of the month in which you provide such notice; and
(B) if you are an Organisation we will provide a pro-rata refund of any subscription fees (if any) that have been paid in advance that relate to the period following the date you raised your concerns with us in writing in relation to the material change.
(c) Some of Our Content and the other products and / or services you can access or purchase through the Platform may be subject to additional terms and conditions. These additional terms and conditions will be made available to you at the time you access the relevant content or purchase those products and services. By proceeding to access or order such content, products and / or services after being presented with the additional terms and conditions, such additional terms and conditions are binding on you and us and will form part of our contract with you for the content, products or services.
1.4 Changes to these Platform Terms
(a) We reserve the right to amend these Platform Terms from time to time. The current version of the Platform Terms will be as published on our website at https://www.littlelearnersloveliteracy.com.au/pages/llllonline-terms-and-conditions.
(b) If we amend the Platform Terms, we will provide prior notice to you of the amendments (change notice). The change notice will be provided to Organisations via email to the email address for their account (or via any other lawful means) and for all other users will be communicated via email or via notice within the Platform. The amendments to the Platform Terms will take effect on the date set out in the change notice or if no date is specified, 14 days after the date of the change notice. If you don't agree to the amendments to the Platform Terms in a change notice, you have the right to terminate the agreement by notifying us within 14 days of receiving the change notice. If you elect to terminate the agreement pursuant to this clause:
(i) the amendments to the Platform Terms will not apply to you;
(ii) this agreement (and your subscription to the Platform) will terminate on the last day of the month in which you provide such notice (the "termination date"); and
(iii) in you are an Organisation we will provide a pro-rata refund of any subscription fees (if any) that have paid in advance that relate to the period following the termination date.
(c) By continuing to access and use the Platform and Content after we have notified you of the changes to the Platform Terms, you will be deemed to have accepted the changes to the Platform Terms.
2. Organisation and User Accounts
2.1 Subscription and usage limits
(a) In order to access and use the Platform, the Organisation must purchase a Platform subscription in accordance with clause 3.
(b) The Organisation must not:
(i) access or use (or attempt to access or use) the Platform without a current subscription;
(ii) exceed the number of user accounts permitted by the Organisation's subscription; or
(iii) engage in, or permit any of its users to engage in, any activities that are designed to circumvent the restriction on user account numbers (such as permitting multiple people to use the same user account (other than parents and family members who access the Platform pursuant to their child's account)).
2.2 Organisation Account and User Accounts
(a) When an Organisation purchases a subscription we create a Platform account for the Organisation (the Organisation Account) using the account registration details provided during the subscription purchase process.
(b) The Platform allows the Organisation to appoint administrative users (Admin Users) to use the administrative functions of the Organisation Account, such as:
(i) creating and managing user accounts for the Organisation's teachers and educators;
(ii) changing or cancelling the Organisation's subscription;
(iii) updating the Organisation's billing and payment details; and
(iv) accessing the Organisation's billing history.
(c) The Organisation will specify the initial Admin Users during the subscription purchase process. Following creation of the Organisation Account, the Organisation can add, change or remove Admin Users through the Platform.
(d) Once a teacher has created their user account on the Platform, the teacher may use the Platform to create user accounts for their students.The teacher may share the login details for these accounts (user name and password) with the student's parents or guardians so that the student's family may help the student to access and use the Platform at home.
(e) If you are an Organisation, you are responsible for:
(i) any acts and omissions of:
(A) your Admin Users;
(B) and your teachers and students (and those students' parents, guardians or family members) who access and use the Platform pursuant to your subscription (your Content Users),
in connection with their access and use of the Platform and Our Content;any actions taken through your Organisation Account or any of your Admin User or Content User accounts, other than in circumstances where: the account has been subject to unauthorised access and use by a third party; and the unauthorised access or use was not caused or contributed to by an act or omission of the Organisation or its Admin Users or Content Users; and
(i) adding, removing and changing your Admin Users and Content Users; and
(ii) promptly updating your account details if any of your contact details (including email address or mobile phone number) change. If we need to send you any notices in writing, we may send these notices by email or post using the contact details listed in the Organisation Account.
(f) If you are an Organisation, you must:
(i) ensure that each of your Admin User and Content Users complies with these Platform Terms; and
(ii) notify us if you become aware of an unauthorised person accessing the Platform or Our Content and take necessary steps to prevent further unauthorised access.
2.3 Organisation Data
(a) All Platform data relating to an Organisation's Admin Users and Content Users is linked to the Organisation Account (Organisation Data). The Organisation Data includes:
(i) the details of the Organisation's Admin User and Content User accounts (including user name, passwords and other account registration information);
(ii) details of the eBooks and other resources that have been assigned to students (and records of the student's progress); and
(iii) class schedules and other data, information and records submitted by Admin Users and Content Users to the Platform.
(b) If an Organisation subscription is cancelled or terminated, we will continue store the Organisation Data for a period of 30 days after the effective date of the cancellation or termination (the Data Retention Period). We reserve the right to permanently delete the Organisation Data after the end of the Data Retention Period.
3. Subscriptions and payment
3.1 Purchasing a subscription
(a) We offer a range of subscription packages that provide Organisations and their authorised users with access to and use of the Platform for the term of the subscription. Details of the types of subscription packages that we offer, the number of users permitted by that subscription, and the duration and pricing for each package, is available on our website.Unless otherwise expressly indicated, all prices are in Australian dollars and are inclusive of GST.
(b) Organisations can purchase subscriptions via the website or any other authorised ordering process that has been approved by us from time to time.
(c) The information, including pricing and product and service details, contained on our website may include inadvertent and occasional errors due to typographical mistakes, miscommunications and/or technical glitches. We reserve the right to cancel a subscription purchase and refund the purchase price if there has been a pricing or description error.
(d) The Organisation may upgrade its subscription to a higher subscription package during the Subscription Period using the subscription management settings on the Platform. If the Organisation chooses to upgrade its subscription, the Organisation will be required to pay the new subscription fee less any monies already paid for the then-current Subscription Period (calculated on a pro-rata basis).
3.2 Fees and payment
(a) The payment terms for your subscription will be specified when you make your purchase. If no payment terms are specified, the purchase must be paid in full at the time of making the order.
(b) Unless otherwise expressly indicated, the fees for a subscription are payable annually in advance and are inclusive of GST.
(c) Payment for a subscription can be made via:
(i) credit card, payable at the time of ordering a subscription;
(ii) invoice, payable within 30 days of the date of invoice; or
(iii) any other payment method accepted by us.
(d) All payments will be subject to the terms and conditions of payment specified by the payment provider you choose. This may include an additional fee, which is usually calculated as a percentage of the total transaction cost. We will advise of any fees that we charge, in relation to the use of your chosen payment method, at the time you place your order. We do not see or store details of its payment details (e.g. credit card) as all payment information is collected, processed and stored by our third party service provider.
3.3 Subscription Period and automatic renewals
(a) Our subscriptions have a minimum committed subscription period, which is specified in the package details on our website (or, if none is specified, a period of 12 months from the date of purchase) (the Initial Subscription Period). By purchasing a subscription, the Organisation is committing to pay the fees for the whole Initial Subscription Period even if the Organisation cancels the subscription and/or its account before the end of that Initial Subscription Period.
(b) Unless otherwise specified, a subscription will automatically renew on a month-to-month basis after the Initial Subscription Period until the Organisation chooses to cancel the subscription in accordance with clause 3.4. If the Organisation has provided us with a nominated payment method for its subscription, we may charge the Organisation the subscription fees for the renewal period when the subscription renews.
3.4 Your rights to cancel a subscription
(a) An Organisation may cancel its subscription for convenience at any time using the Platform's subscription management settings, which are accessible to the Organisation's Admin Users.
(b) If you have any difficulty accessing these settings, please contact our Customer Support team at https://www.littlelearnersloveliteracy.com.au/pages/contact-us.
(c) If a subscription is cancelled during the Initial Subscription Period, the cancellation will take effect at the end of the Initial Subscription Period. If a subscription is cancelled during a monthly renewal period under clause 3.3(b), the cancellation will take effect at the end of that monthly renewal period.
(d) If an Organisation chooses to cancel its subscription, the Organisation is responsible for notifying its Admin Users and Content Users that their access to the Platform will cease on the effective date of the cancellation.
3.5 Terminating a subscription for cause
(a) We may terminate an Organisation's subscription and close the Organisation Account (and all associated Admin User and Content User accounts) if:
(i) the Organisation has elected to pay by invoice and payment of the invoiced amount is overdue by 30 days or more;
(ii) the Organisation or any of its Admin Users or Content Users are in material breach of any term of these Platform Terms (other than a failure to pay an invoiced amount) and such breach is:
(A) not capable of remedy; or
(B) is capable of remedy, but is not remedied within 14 days of us providing the Organisation with written notice of the breach; or
(iii) the Organisation becomes bankrupt or insolvent, is wound up, or becomes subject to administration or receivership or any similar thing under any law.
(b) If you are an Organisation, you may terminate your subscription and close your Organisation Account if:
(i) we are in material breach of any term of these Platform Terms and such breach is:
(A) not capable of remedy; or
(B) is capable of remedy, but is not remedied within 14 days of us providing you with written notice of the breach; or
(ii) we become bankrupt or insolvent, is wound up, or become subject to administration or receivership or any similar thing under any law.
If you terminate your subscription under this clause 3.5(b):
(iii) we will close all Admin User and Content User accounts associated with your Organisation Account; and
(iv) we will refund to you any amount of subscription fees that you have prepaid and which remain unused as at the effective date of termination.
3.6 Refunds
(a) We do not offer refunds for any fees paid for a Subscription Period if the Organisation simply changes its mind (including where the Organisation cancels its subscription under clause 3.4). The Organisation may be entitled to a refund:
(i) where we agree to provide a refund under these Platform Terms; or
(ii) if there are problems with the product or service and the Organisation has refund rights under applicable laws (for example, the Australian Consumer Law).
(b) Any requests for refunds will be dealt with in accordance with applicable laws. If the Organisation has any concerns in relation to a product or service or believe the Organisation is entitled to a refund, please contact us (see contact details at clause 10).
4. Using the Platform
4.1 User Accounts
(a) This clause 4 applies to you if you are an Admin User or Content User.
(b) By accepting an invitation from an Organisation to create an account (or otherwise logging in to the Platform using login details provided to you by an Organisation), you warrant and represent to us that:
(i) any account information you provide us is truthful and accurate;
(ii) you will keep your account information up to date; and
(iii) your use and access of the Platform does not violate any applicable laws or regulations, including those in the jurisdiction where you are located.
(c) We may, at our sole discretion, conduct such activities as we consider necessary and appropriate to verify your identity (and the accuracy of any account information you have provided us) for the purpose of approving your account, monitoring your use of the Platform, Our Content and our other products and services and enforcing any suspension or termination of your user account. As part of conducting these identity verification activities we may use the account information that you provide, together with information from third party sources.
(d) You must keep your login details (username and password) confidential and secure. You acknowledge and agree that you will be responsible for any activities engaged in using your account, whether or not that access is authorised by you. You are not responsible for any third party's unauthorised use of your account that occurs as a direct result of our negligent act or omission.
(e) Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another Platform user at any time.
(f) You must notify us immediately if you suspect any unauthorised use of your account or access to your password.
4.2 Acceptable use requirements
(a) When using the Platform, you must:
(i) ensure the accuracy, completeness and lawfulness of any information or material you share upload or share with other users (including that you have any necessary consents of third parties to upload such information or material);
(ii) be honest and genuine about any opinions you express;
(iii) represent your own views - in particular, you must not:
(A) impersonate or falsely represent any other person, organization or group that you are not authorised to represent; or
(B) misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
(iv) be polite and respectful in your interactions with other users;
(v) comply with applicable laws in Australia and any other relevant country, including by ensuring that you have all necessary rights and permissions to any content or information you upload to the Platform;
(vi) not use the Platform in breach of any applicable laws or regulations;not use the Platform to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;
(viii) not use the Platform to harm, abuse, harass, stalk, threaten or otherwise offend others;
(ix) not frame or mirror any part of the Platform or Our Content without our written authorisation; and
(x) not interfere with, disrupt, or create an undue burden on the Platform.
(b) When posting or communicating with other users you must ensure that your posts and messages:
(i) are not factually inaccurate or misleading (whether deliberately or unintentionally);
(ii) do not deliberately spread misinformation that is unproven or unsupported;do not involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language); and
(iii) do not make unproven or unsupported allegations against an individual, organization or group of people;do not reveal private information about an individual without their consent;do not contain promotional, sales, marketing, fundraising or advertising material for any other business or product or service that we have not approved; anddo not promote political campaigns or involve overtly political content.
(c) Without limiting the above, you must not and must not permit a third party to:
(i) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging Our Content;
(ii) circumvent, disable or otherwise interfere with security-related features of the Platform;
(iii) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Platform, or upload or permit any virus or malicious code to adversely affect the Platform or any associated equipment or data.
(d) When accessing and using the Platform, you are responsible for:
(i) your own Internet connection, telecommunications and data costs; and
(ii) responsible for implementing reasonable security and anti-virus software to prevent the introduction of viruses and malicious code into your computer systems and devices.
4.3 Your relationship with other users
(a) You are solely responsible for your interactions with other Platform users, including (but not limited to):
(i) any material or information that is shared between you and any other users;
(ii) any material or information that you post; andany transactions with other users that are conducted or arranged through the Platform.
(b) You acknowledge that we have no obligation to monitor your (or any other user's) use of the Platform but we have the right to do so at any time for our own business purposes (including as necessary to assess your (or any other user's) compliance with these Platform Terms, to protect the security and integrity of the Platform, or to comply with any law or government authority request).
(c) While we reserve the right to assist in resolving disputes between you and other users where (and to the extent that) we choose to do so, we are under no obligation to do so.
(d) We may, in our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:
(i) we may use and share your information with other users for this purpose; and
(ii) if we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.
4.4 Investigating prohibited uses
(a) We may, at any time and at our discretion, investigate any reported or suspected breach of these Platform Terms (or other unauthorised or unlawful use of the Platform).
(b) In conducting any investigation, we may use data that we have logged in relation to our users' use of the Platform and our products and services (including Our Content).
(c) Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Platform, the quality of our products and services (including Our Content) and our reputation. These actions may include (but are not limited to):
(i) rejecting or taking down any User Content submitted;
(ii) suspending or terminating user accounts;
(iii) reporting any unlawful conduct to the appropriate authorities;
(iv) terminating an Organisation's subscription;
(v) and/orotherwise taking appropriate legal action.
4.5 Suspension or termination of user accounts
If you are an Admin User or a Content User, we may temporarily suspend your access to the Platform and/or terminate your account where we believe that the suspension or termination is reasonably necessary, including where it is necessary to:
(a) comply with any law;
(b) prevent fraudulent activity or a security breach; or
(c) prevent a breach of these Platform Terms.
If we suspend and/or terminate your account, you must not attempt to regain access (and your Organisation must not enable you to regain access) to the Platform in breach of the suspension or termination.
4.6 Third party links
(a) The Platform may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).
(b) Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.
(c) If the Organisation use or rely upon Third Party Content or Third Party Websites, the Organisation do so solely at its own risk.
5. Intellectual Property
5.1 The Platform and Our Content
(a) We and our licensors retain all right, title and interest to all intellectual property subsisting in the Platform, any updates to the Platform, and any part thereof, including (but not limited to) any and all present and future intellectual and industrial property rights anywhere in the world including copyright, know-how, designs, patents and trade marks, and any application or right to apply for registration of those rights.
(b) All material on our website, the Platform and in any products and services related to the Platform, including the text, information, images, videos, graphics, logos, design, layout, audio-visual content-media and downloadable materials (collectively, Our Content) is owned by or licensed to Learning Logic. For the avoidance of doubt, Our Content includes:
(i) any physical, digital and audio books (including decodable books);
(ii) any physical and digital resources and teaching materials (e.g. worksheets, practice tools, certificates, professional development tools, planning resources, templates);
(iii) any streaming or downloadable audio or video; and
(iv) any other resources related to the Platform,
that can be accessed or purchased through the Platform, including any such items that are provided without charge.
(c) We grant you a limited, non-exclusive, revocable and non-transferable licence:
(i) if you are an Organisation, to access and use the Platform for the purpose of providing educational services to students who are enrolled with your institution;
(ii) if you are an Admin User, to access and use the Platform for the purpose of administering the Organisation Account for your Organisation;
(iii) if you are a Content User who is a teacher or other educator, to access and use the Platform and Our Content for: the purpose of performing your role as a teacher or educator with your Organisation; and your own professional development purposes; and
(iv) if you are a Content User who is parent, guardian or family member of a student, to access and use the Platform and Our Content for the purposes of your child's education and learning,in each case, the permitted purposes.
(d) To the extent permitted by law or otherwise permitted by these Platform Terms, you must not:
(i) use Our Content for any purpose other than the permitted purposes, except with our prior written consent;
(ii) copy, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell, offer to sell, market or otherwise on-distribute Our Content;
(iii) modify or make any alterations, additions or amendments to any part of Our Content;
(iv) create derivative works from any item of Our Content, information, software, or services obtained from the Platform, including to create products or services that compete with our products and services;
(v) convert Our Content into a format other than the one in which it was supplied;
(vi) scrape, download, copy or otherwise extract any of Our Content that we have not made available for download through the authorised functions of the Platform;
(vii) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of Our Content or website or reproduce all or any portion of the said components; or
(viii) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices from Our Content or the Platform.
(e) If we cease to offer a certain item of Our Content or if that item of Our Content becomes out of date and its subscription to access such item has not expired, we may modify the item or substitute a similar product or service.
(f) All rights of Learning Logic and our licensors to the Platform and Our Content that are not expressly granted under these Platform Terms are reserved.
5.2 User Content
(a) By uploading, transmitting, posting or otherwise making available any material via the Platform (User Content):
(i) you retain ownership of the intellectual property rights (if any) in the User Content;
(ii) you grant us a perpetual, non-exclusive, worldwide, royalty-free, transferable licence to use, store, reproduce, edit and exploit the User Content in any form, in any media and for any purpose (including commercial purposes), including to publish and communicate the User Content on our website, and the right for us to sub-licence the foregoing rights to third parties;
(iii) you unconditionally consent to us, our successors, assigns and sub-licensees using the User Content in a manner which would (but for this clause) infringe any of its moral rights (as defined by the Copyright Act 1968 (Cth)) in the User Content;
(iv) you warrant that, to the extent its User Content contains any personal information or images of any individuals, you have obtained the prior written consent of such individuals for us (and our sub-licensees) to use such personal information and images as part of the User Content in the manner contemplated by these Platform Terms without needing to pay any royalties or other amounts to such individuals; and
(v) you warrant that you have all necessary third party consents to upload the User Content and that our permitted use of the User Content in accordance with sub-section (ii) will not infringe any third party rights (including intellectual property rights) or breach any laws.
(b) We are not responsible for, and accept no liability with respect to, any User Content.
(c) We reserve the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Platform constitutes a violation of their rights (including intellectual property rights, moral rights or privacy rights).
(d) Without limiting clause 5.2(a)(ii), we reserve the right to aggregate and analyse data that we collect through the operation of the Platform. This may include data that is uploaded, transmitted, posted and otherwise generated by authorised users. With this data, we may:
(i) create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties). This may include without limitation using data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices. Such use will not directly identify you unless you provide your prior consent; and
(ii) use the data to identify and offer you our products and services (as well as products and services of our trusted partners) that we think you may be interested in, unless you have opted out from marketing.
5.3 Trade Marks
(a) "Little Learners Love Literacy", "Learning Logic" and their corresponding logos are trade marks of Learning Logic (Our Trade Marks).
(b) Trade marks that we use in the Platform or in our materials to describe third parties and their products and services are trade marks of those third parties (Third Party Trade Marks).
(c) You must not, and must not authorise any third person to use, copy, reproduce or modify:
(i) Our Trade Marks for any purpose, other than with the prior written consent of Learning Logic or as permitted by law; or
(ii) the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.
6. Privacy
6.1 How we handle your Personal Information
(a) Your use of the Platform is subject to our Privacy Policy located at https://www.littlelearnersloveliteracy.com.au/policies/privacy-policy.
(b) We may collect personal information (including information generated through your use of the Platform) in order to:
(i) provide relevant Platform functionality to you;
(ii) make certain offers and promotions available to you;
(iii) allow you to purchase, use and access products and services and otherwise transact with you;
(iv) monitor your access to and use of the Platform and the products and services you have purchased; and
(v) to contact and communicate with you, including via electronic messaging, in relation to your use of the Platform.
(c) If you don't provide the requested information, we may not be able to create your user account on the Platform, provide you with certain Platform functionality, fulfil your requests or otherwise transact with you.
(d) Our Privacy Policy explains:
(i) how we handle personal information that we hold about you (including the circumstances in which we may disclose personal information about you to recipients located outside of Australia);
(ii) how you can seek to access or correct any personal information that we hold about you; and
(iii) how to complain about a privacy breach and how we will deal with a privacy complaint.
(e) You acknowledge and agree that we may collect, hold, use and disclose your personal information (as defined in the Privacy Act 1988 (Cth)) in the manner described in these Platform Terms, our Privacy Policy and as otherwise permitted by applicable laws or any specific consents you provide.
(f) The types of personal information that we may collect include the following:
(i) any preference and activity information related to the Platform – including information about your preferences, needs, interests, opinions, activity and behaviour (including details of how you have used the Platform, which content, products and services you have accessed, and other information such as whether you have opened our emails and what links you have clicked on);
(ii) your user account information - including any information that is required for you to establish your user account, such as user name, password and security question and answer;
(iii) any requests or complaints you may have and any other data we receive if we communicate with you (including via telephone, email, online or via social media);
(iv) feedback, comments and suggestions that you submit to us; and
(v) information collected automatically – including information about your device, IP address, device or service location, and browser, and your preference and activity information (as described above).
(g) We may disclose personal information we collect:
(i) to our employees, suppliers, contractors, service providers, professional advisers and related entities, in order to run our business, and to operate, and provide you with access to, the Platform; and
(ii) to any third parties to whom you have directed or permitted us to disclose personal information, or where we are permitted or required to do so by law.
(h) If you are an Admin User or Content User, we may:
(i) receive certain information about you from your Organisation (such as your name and contact details) where necessary to set up your Platform user account; and
(ii) provide your Organisation with information about your use of the Platform and Our Content (including information about any breach of these Platform Terms by you).
(i) If you choose to use certain features of the Platform, your information may be shared with other users as part of these features (for example, direct messaging or message boards). We ask that you carefully consider what information you choose to share and post.
(j) To the extent that you provide us with any personal information of others, including its authorised users, you warrant that the you have obtained all necessary consents and other approvals required under applicable laws to provide that personal information to us, and that the receipt, use, disclosure and handling of that information by us and our service providers in the manner contemplated by these Platform Terms will not breach any applicable laws (including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth)).
6.2 Cookies
(a) The Platform website may use 'cookies' as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
(b) It is recommended that you accept cookies to make full use of the Platform. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
(c) Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use the website to the fullest and optimum extent.
(d) We may use the cookies on the Platform website for commercial purposes, including targeting and displaying advertising on our websites and on third party websites, social media platforms and advertising networks.
7. Termination of this agreement
(a) The agreement that is formed between you and us pursuant to these Platform Terms (this agreement) commences on the date you first accept these Platform Terms pursuant to clause 1.2 and terminates:
(i) if you are an Organisation, on the date that your Platform subscription ends (whether due to cancellation or termination); or
(ii )if you are an Admin User or a Content User, on the date that your user account is closed (whether by your Organisation or by us), the date this agreement is terminated by you or us pursuant to the terms of these Platform Terms or the date that your Organisation's Platform subscription ends, whichever occurs first.
(b) Upon termination of this agreement the licence granted to you under clause 5.1(c) also terminates and you must cease accessing and using the Platform and Our Content. However, you may continue use any items of Our Content that you have validly downloaded from the Platform using the Platform's authorised download functionality (such as downloadable PDFs and training videos), provided that you must continue to comply with these Platform Terms in relation to any such items.
(c) Termination of this agreement will not affect any rights or remedies which a party may have otherwise under these Platform Terms or at law.
(d) Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this agreement, clauses 3.2, 3.5(b), 3.6, 4.4, 5, 6, 8 and this clause 7 survive the termination of the agreement.
8. Indemnities and limitations of liability
8.1 Indemnity
(a) The Organisation agrees to indemnify us and our directors, officers, employees and agents (those indemnified) from and against all liabilities, costs, losses and expenses which those indemnified may suffer or incur in connection with any allegation or claim against those indemnified that the use of any User Content supplied by the Organisation (or any of its Admin Users or Content Users) infringes any third party rights (including intellectual property rights or privacy rights) or any law.
(b) We agree to indemnify the Organisation and its directors, officers, employees and agents (those indemnified) from and against all liabilities, costs, losses and expenses which those indemnified may suffer or incur in connection with any allegation or claim made by a third party against those indemnified that their use of the Platform or Our Content as permitted by these Platform Terms infringes any third party rights (including intellectual property rights or privacy rights) or any law.
(c) An Organisation's obligation to indemnify under clause 8.1(a), and our obligation to indemnify under clause 8.1(b), will be proportionately reduced to the extent that the claims, actions, demands, losses, fines or payments were caused or contributed to by those indemnified or could reasonably have been avoided or mitigated by those indemnified once those indemnified became aware of the relevant circumstances.
8.2 Australian Consumer Law
(a) In this clause 8, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and "Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.
(b) The Australian Consumer Law provides Consumers with various protections including the Consumer Guarantees that cannot be excluded, restricted or modified. Nothing in these Platform Terms and Conditions has the effect of excluding, restricting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability in accordance with clause 8.3(a)(ii).
8.3 Disclaimers and limitation of liability
(a) To the maximum extent permitted by law (but subject to clause 8.2), you agree that:
(i) with the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, the Platform and Our Content are provided "as is" and we exclude any term, condition or warranty that may otherwise be implied into these Platform Terms, including (but not limited to) any term, condition or warranty that:
(A) the Platform or any of its functions will be uninterrupted or error free or that defects will be corrected; or
(B) the Platform or any server that makes it available is free of errors, viruses or malicious code; and
(ii) where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee and we breach such Consumer Guarantee relating to the Platform or Our Content (or your use of the Platform or Our Content), we limit our liability for any such breach to:if the breach relates to goods:replacing the goods or supplying you with equivalent goods; repairing the goods;paying the cost of replacing the goods or acquiring equivalent goods; orpaying the cost of having the goods repaired; orif the breach relates to services:supplying you the services again; orpaying the cost of having the services supplied again.
(b) To the maximum extent permitted by law (but subject to clauses 8.2 and 8.3(d)):our maximum aggregate liability to the Organisation (and all of its Admin Users and Content Users), is limited to the amount of subscription fees paid by the Organisation in the 12 month period preceding the event giving rise to the claim; andan Organisation's (and its Admin Users and Content Users) maximum aggregate liability to us is limited to an amount which is equal to the amount of subscription fees paid by the Organisation to us in the 12 month period preceding the event giving rise to the claim,for any and all claims in connection with the agreement or relating to access and use of (or inability to access and use) the Platform and/or Our Content, whether arising out of breach of contract, negligence or any other tort, under statute or otherwise, with the exception of any claim you make against us for a breach of Consumer Guarantees (in which case our liability will, where permitted by law, be limited in accordance with clause 8.3(a)(ii)).
(c) To the maximum extent permitted by law you are not liable to us, and (subject to clauses 8.2 and 8.3(d)) we are not liable to you, for any special, indirect or consequential loss suffered or incurred, however caused (including negligence), arising out of or in connection with:
(i) Our Content;
(ii) the access or use of the Platform; or
(iiI) any breach of these Platform Terms.
(d) The limitations and exclusions of liability in clauses 8.3(b) and 8.3(c) do not apply:
(i) to our liability to you if we:
(A) infringe or misuse your intellectual property rights;
(B) cause you loss or liability through our fraud or wilful misconduct; orare liable to indemnify you under clause 8.1(b); or
(ii) to your liability to us if you:
(A) infringe or misuse our (or our licensors') intellectual property rights; or
(B) cause us loss or liability through your fraud or wilful misconduct; or
(iii) to your liability to us or our directors, officers, employees and agents if you are liable to indemnify us or our directors, officers, employees and agents under clause 8.1(a).(
9. General
(a) (Governing Law) These Platform Terms are governed by the laws of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts in that state.
(b) (Force Majeure) Neither party is responsible for any delay in, or failure of, performance of its obligations, except for an obligation to pay, under these Platform Terms arising from:
(i) epidemic, pandemic, or serious viral outbreak, act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) or industrial action; or
(ii) anything else outside that party's reasonable control, whether similar to the above or not.
(c) (Waiver) If a party does not insist immediately that the other does anything it is required to do under these Platform Terms, or if a party delays in taking steps against the other party in respect of a breach of these Platform Terms, that will not mean that the other party does not have to do those things and it will not prevent the party taking steps against the other party the Organisation at a later date. For example, if the Organisation misses a payment and we do not chase the Organisation, but we continue to provide a service, we can still require the Organisation to make the payment at a later date.
(d) (Assignment and sub-contracting) You cannot assign, novate or otherwise transfer any of its rights or obligations under these Platform Terms without our prior written consent. An assignment in breach of this clause is intended by the parties to be void and of no force and effect. We can assign, novate or otherwise transfer any of our rights or obligations under these Platform Terms as part of a good faith restructure of our operations or as part of the sale of part of all of our business on written notice to you. We may subcontract the performance of our obligations under these Platform Terms to any person and without notice to you, but will remain liable to you for the performance of our obligations notwithstanding any such sub-contracting.
(e) (Severance) If a provision in these Platform Terms is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Platform Terms for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Platform Terms.
(f) (Further assurances) Each party will do all things and execute all further documents necessary to give full effect to these Platform Terms and the transactions contemplated by it.
(g) (Variations) Except as permitted in clause 1.4, no variation of these Platform Terms is effective unless made in writing and signed by each party.
(h) (Notices) Any notice required to be given to you under these Platform Terms may be given by us to the Organisation by any legal means, including notification via your user account on the Platform or via email. Any notices required to be given by you to us under these Platform Terms must be sent by email to the contact details set out in clause 10 and may also be given by any other legal means (with a copy to us via email).
(i) (Interpretation) In these Platform Terms, unless a contrary intention is expressed:a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
(ii) other parts of speech and grammatical forms of a word or phrase defined in these Platform Terms have a corresponding meaning;a reference to a party to any document includes that party's successors and permitted assigns;
(iv) a provision of these Platform Terms may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of these Platform Terms and Conditions or the preparation or proposal of that provision;
(v) the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in these Platform Terms do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary;
(vi) if a period of time is specified and dates from a day or the day of an act, event or circumstance, that period is to be determined exclusive of that day;
(vii) if an act or event must occur or be performed on or by a specified day and occurs or is performed after 5.00 pm on that day, it is taken to have occurred or been done on the next day; and
(viii) if anything under these Platform Terms is required to be done by or on a day that is not a business day (means a day on which banks are open for business in Melbourne, Australia excluding a Saturday, Sunday or public holiday in that city) that thing must be done by or on the next business day.
10. Contact details
If you have any queries regarding these Platform Terms (including any queries regarding subscriptions or other purchases made via the Platform), please contact our Customer Support team at https://www.littlelearnersloveliteracy.com.au/pages/contact-us.