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General Conditions of access to and use of all Scriibi online programs, tools and resources.

Scriibi websites and resources, including but not limited to our websites and digital learning resources, (collectively, the Site) are owned and operated by MAPS Learning Ltd (SCRIIBI) and/or its subsidiaries and/or licensors (collectively we or us).

Acknowledgment and acceptance of General Conditions

The Site refers to any and all access to SCRIIBI 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 in this document (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 teachers.  We reserve the right, at our discretion, to revise, amend and update the General Conditions at any time.

Privacy

By agreeing to these General Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your Access will be handled in accordance with our Privacy Policy, and by Accessing the Site you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Policy.

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 Content).

If you make any User Content available through our Site, you give us permission to use, copy, modify, adapt, display and distribute that content for the purposes of (i) you and your teacher/school utilising a feature or function of the relevant product or Site; (ii) for administrative, planning, product improvement, quality control and academic or research purposes relating to our products and services, and/or (iii) otherwise in accordance with the restrictions outlined in these General Conditions and in accordance with our privacy policy. This permission is irrevocable and without payment or attribution. Unless otherwise specified, by making User Content available through the Site, you grant us a worldwide, non-exclusive, perpetual, royalty free, sublicensable and transferable licence to use any such content in whole or in part. You are not giving up your ownership rights in your User Content, however, if you make User Content available through our Site or product, you do give us permission to use it in accordance with these General Conditions.

Your name and comments, suggestions and other feedback about our products, made through our feedback forums 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 email us at info@scriibi.com.

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 User Content at our discretion.

User code of conduct and Access rights

Any user 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, 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 SCRIIBI 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 SCRIIBI resources as well as special SCRIIBI educational events.

Copyright

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.

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.

Indemnity

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.

Termination

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.

Certain aspects of our Sites can be used in connection with third party software, applications, products and platforms (“Third Party Tools”) and may be subject to additional terms of use between you and the applicable Third Party Tool provider(s).

General

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.

Governing Law

The laws in force in Victoria, Australia, govern these General Conditions. You agree to submit to the exclusive jurisdiction of the courts in Victoria, 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.

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