PLEASE READ THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CAREFULLY BEFORE USING ANY SPROUTSKOOLS SERVICES. BY USING ANY OF OUR SERVICES AS DEFINED BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF SERVICE AND ANY MODIFICATIONS THERETO AND THAT YOU ARE AT LEAST AGE OF 18. ANYONE UNDER THE AGE OF 18 MUST HAVE A PARENT, LEGAL GUARDIAN OR AUTHORIZED SCHOOL OFFICIAL READ THIS AGREEMENT AND AGREE TO IT FOR YOU. Welcome to Sproutskools! An Australian based business that is developing engaging educational apps for children under 13 years old. Our Services (defined below) include mobile applications, websites and other resources offered by us in- connection with our Services.

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General Terms

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The Terms of Service of this agreement govern the relationship between you and Sproutskools regarding your use of Sproutskools mobile application, educational content, games, related services, and websites (together, “Services”). “You” is in reference to you as the parent, legal guardian, or authorized school official, and your child or students to whom you have granted access to the Services.

 

Welcome to www.sproutskools.com.au (the ‘Website’). Our services are operated by Sproutskools (ABN 32317658635). Access to and use of the Website, or any of its associated Products and Services, is provided by Sproutskools. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the website, or any of Services, immediately.

 

Sproutskools reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sproutskools updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

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Acceptance of the terms

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You accept the Terms by remaining on the website, or any associated Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sproutskools in the user interface.

 

Copyright and Intellectual Property

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The Website, the content and all of the related Services of Sproutskools are subject to copyright. The material on the Website and applications is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website and applications (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Sproutskools or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Sprouskools, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

1. Use the Website and applications pursuant to the Terms;

2. Copy and store the Website and the material contained in the Website and applications in your device’s cache memory; and

3. Print pages from the Website and applications for your own personal and non-commercial use.

Sproutskools does not grant you any other rights whatsoever in relation to the Website and applications content. All other rights are expressly reserved by Sproutskools.

Sporutskools retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any;

1. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

2. A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

3. A thing, system or process that is subject of a patent, registered design or copyright (or an adaption or modification of such a thing, system or process),

to you.

You may not, without prior written permission of Sproutskools and the permission of any other relevant rights owners: broadcast, republish, up-load to a third-party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

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Privacy

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Sproutskools takes your privacy very seriously and any information provided through your use of the Website and applications and/or content are subject to Sportuskools Privacy Policy, which is available on the Website.

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Security of your account

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IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN AND PASSWORD. YOU SHOULD KEEP YOUR LOGIN AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your login and password to identify you when you return to our applications. If you forget your login or password, you will not be granted access. You may reset your password by clicking ‘I’ve forgotten my password or login’ on the login page.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to immediately notify Sproutskools of any unauthorised use of Your Account or any other breach of security. Sproutskools will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorised access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure.

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Limited license for personal use

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Subject to your agreement and continuing compliance with these Terms of Service, Sporuskools grants you a non-exclusive, non-transferable, revocable limited license to access and use the Services for your own internal, personal, non-commercial purposes. You may not transfer your account to anyone else without our prior written permission. This license is granted subject to the following restrictions:

1. You shall not create a parent or school account if you are under the age of 18;

2. You shall not create an account using a false identity or information, or on behalf of someone other than yourself;

3. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

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One-time only subscription, recurring monthly subscriptions, trial periods or free access

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Some Services may be offered to you on a One-Time Only Subscription basis or as a Recurring Monthly Subscription through mobile application stores (“Subscription Providers”). If you elect to purchase subscription Services, you are expressly agreeing that you are authorizing us or our Subscription Providers to charge you the fee associated with the Services you have chosen. Furthermore, you warrant that your use of the particular credit card, payment by check, or other Sproutskools accepted payment method is authorized and that all information that you submit to us, Subscription Providers or any third party designated by us, is true and accurate (including, without limitation, your credit card number and expiration date); and you agree to pay all fees, including any applicable sales taxes, you incur. Payments are transacted through the mobile application stores directly or with Sproutskools by check or credit card, the latter we process through a designated third-party payment service.

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Recuring montly subscriptions

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If you purchase a recurring monthly subscription, subscription and payment are processed by Subscription Providers. The Subscription Monthly Fee will be billed first, at the later of the time you establish your Subscription or end of the trial period provided with the Subscription, and on an ongoing, monthly basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription. You may update your payment information with the Subscription Provider at any time by accessing your account with such Subscription Provider. If the credit card is declined, Subscription Provider will cancel your Recurring Subscription and email you.

 

You can cancel your Subscription at any time directly through the Subscription Provider. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period. Deleting our mobile application from your device will not cancel a recurring subscription; you will continue to be charged. Any questions related to payments for subscriptions purchased through Subscription Providers shall be directed to the Subscription Providers.

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Refunds

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Refunds will not be provided for any Recurring Monthly Subscriptions or subscriptions purchased directly from us. For One-Time Only Subscriptions, you can request a refund directly from the Subscription Provider according to their refund policies.

Any free access or trial period of our Services are still subject to this Terms of Service and in respect of free or trial periods of the Services, you bear the risk of use; such portions of Services may be changed, suspended, or blocked by us at any time without any notice to you.

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Registration period

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Your Account on the applications is valid for as long as you maintain a trial or subscription.

If you let your Account lapse without renewing it prior to the end of your current subscription period, you may reactivate your Account at any time without losing all your details. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.

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User code of conduct

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The Website and Services is provided by Sproutskools and is intended to be used in a safe and enjoyable manner. You are responsible for the content of any material you enter on this Website and Services. Users of the Services must not:

1. Use our Services in such a way as to offend or interfere with the use by anyone else;

2. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;

3. Attempt to circumvent the security systems of our Services;

4. Attempt to gain access to our Services in a fraudulent manner, including but not limited to using fraudulent promo codes;

5. Attempt to gain access to any other user’s Accounts;

6. Attempt to ascertain any other user’s password, promo codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other Service, or by email communication;

7. Attempt to harvest or otherwise collect information about other users without their consent;

8. Attempt to use our Services for any purposes other than those intended by Sproutskools; or

9. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

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Suspension or termination of account

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Sproutskools reserves the right to discontinue or cancel your subscription at any time and may suspend any Account that has been inactive for six (6) months or more. In addition, Sproutskools may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event you;

1. Have breached any provision of the Terms or intend to breach any provision;

2. Sproutskools is required to do so by law;

3. Sproutskools is transitioning to no longer providing the Services to Members in the country in which you are resident of from which you use the service; or

4. The provision of the Services to you by Sproutskools, is in the opinion of Sporutskools, no longer commercially viable.

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Refunds

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Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court Proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

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Notice:

A Party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

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Resolution:

On receipt of the notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

1. Within 30 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

2. If for any reason whatsoever, 30 days after the date of Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Mediation Australia or his or her nominee;

3. The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each aoy their own costs assosicatied with medaiation.

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Confidential

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All communications concerning negations made by the Parties arising out of and in the connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negations for the purpose of applicable laws of evidence.

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Termination of Mediation

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If 2 months have elapsed after the start of a mediation of the dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

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General Disclaimer

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Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or an liability under them) which by law may not be limited or excluded.

Use of the Services and the content is at your own risk. Everything on the Website, Services and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, employees, agents, contributors and licensors of Sproutskools make any express or implied representation or warranty about the content or any products or content (including the products or content of Sproutskools) referred to on the Website. This includes (but not restricted to) loss or damage you might suffer as a result of any of the following:

1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alterations, or unauthorised access to records;

2. The accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);

3. Costs incurred as a result of you used the Website or Services, the content or any of the products of Sproutskools; and

4. The content or operation in respect to links which are provided for your convenience.

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Note to parents

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The internet offers a wonderful world of new and exciting learning opportunities for your children. However, your guidance and involvement in their interactions are essential to ensure that your children have a safe experience online. Your efforts to ensure responsible online practices will help your children use only appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.