fbpx

Terms Of Service

Our Liability

We recommend that you carefully read these Terms and Conditions before you use our services or purchase our products. By using our services or purchasing our products you will be deemed to have accepted these Terms and Conditions.
We do not accept any liability (whether arising from negligence or otherwise) for any loss, damage, costs or expenses that you may suffer or incur as a result of using or accessing Our Websites, purchasing Fundraiser Packs or Learn From Play Boxes, except to the extent that we are required by law to do so.

Except as expressly stated in these Terms and Conditions we do not give any warranties (whether express or implied) regarding our services or products. Re-supply or payment of the cost of re-supplying the relevant goods or services for products that arrive in a defective state can be sought by contacting Us (Spruikers Pty Ltd operating as Learn From Play) via email or on 1800 264 429.

You therefore agree to indemnify Us from and against any loss, damage, costs or expenses suffered arising out of or in any way connected to the use of our services or products by you.

From time to time, we may need to change these Terms to reflect our changing business. We may also need to chanthis great landge these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

We may change the Terms at any time by posting the changed Terms on Our Websites and by posting a notice to users on the homepage stating that a change has occurred. If you continue to use our service and purchase our products after being notified of a change, you will be deemed to have accepted the change

Membership Terms

Anyone wishing to download material from our websites must become a member of the site which is known as "Joining the Learn From Play family". By "joining the family" and registering for membership you agree to the following Terms of Use.

Individuals can register for single annual Membership to Learn From Play or schools may register for Membership to Learn From Play for multiple staff within the one educational establishment within the following conditions:

  • All intellectual property rights pertaining to any materials found on the site or downloaded from the site remain with Learn From Play.
  • Learn From Play resources can be used only as provided, no alteration is permitted including removal of the Learn From Play logo.
  • Learn From Play resources may be used by the teacher named in the subscription to teach their class of students.
  • Access to Learn From Play resources cannot be shared or on-sold. You understand and agree that you will not share your membership area access details with anyone else.

Purchases 

By entering your credit card details via our shopping platform you authorise Learn From Play to debit your nominated credit card or alternate payment method as chosen by you. In the case of Learn From Play subscriptions this is entered as an annual payment for which you are liable on the anniversary of the initial payment.
You acknowledge that once a payment transaction has been authorised, it cannot be voided or stopped. In the case of Learn From Play the annual payment agreement may be stopped by you using the payment method used (Paypal/Stripe) or contacting Our Websites in writing at least 4 days prior to the anniversary of your membership.

You are responsible for correctly entering all requested payment and address information. If incorrect information is entered, it may result in your not receiving your purchased goods for which we do not accept any responsibility or liability to re-supply these goods.

The annual membership fee is published on our website and this may be amended at our discretion. The membership fee is payable for 12-months in advance and will renew automatically unless cancelled prior to renewal.

Cancellation of Membership

No part of the membership fee will be refunded after purchase. Your membership will expire on the day before the first anniversary of the date that you became a member, unless you renew your membership. Renewal reminders will not be sent to you prior to the expiry of your membership. If your membership expires without renewal, your access to premium resources will be revoked.

If you share your login details or otherwise breach these Terms of Use you may forfeit your membership and all monies paid, at our discretion. If we believe that you have breached these Terms of Use we will provide you with one warning that you have breached our agreement and let you know that if you do it again your membership will be cancelled. After the first warning we reserve the right to cancel your membership at anytime if we believe that you have again breached any of these Terms of Use.

Content

Membership provides access to all such resources and content as Learn From Play chooses to provide for each level of Membership. Learn From Play may in its sole discretion modify, remove or restrict access to Free members to any of the content contained on the website at any time without notice to you.

You acknowledge that access to content and resources may be restricted by Learn From Play (in its sole discretion) based on your Membership Category. Learn From Play may at its sole discretion modify any Membership Category, remove any Membership Category, or introduce any new Membership Category, on such terms Learn From Play thinks fit.

Content Use Permissions

All subscribers to the site may freely use this material for non-commercial educational purposes. In so doing you agree that you will not print, copy, reproduce, communicate, give access to, share with another person or otherwise use any of the content on the Services except for your own personal use; or where you are a teacher or librarian, for use by the students you are teaching.

Learn From Play does not provide any guarantee that you will be able to access the website on any particular computer or device. Learn From Play is in no way responsible if any relevant department of education (or similar authority) restricts access to the website.

Intellectual Property

The material provided via Learn From Play its related products and services, including all information such as text, images, code, photographs, illustrations, artwork and other graphic materials, posters, names, logos and trademarks, videos, music, animations, unit plans, lesson plans and teaching content are the property of Learn From Play and are protected by copyright, trade mark and other intellectual property laws.

This content is provided for its intended purposes only and you agree not to alter, reproduce, reverse engineer, store in retrieval system, transmit, distribute, disseminate, sell, publish, broadcast or circulate the material on the Learn From Play website or any part thereof, unless the prior written consent of Learn From Play is obtained.

Accuracy, Completeness and Timeliness of Information

Learn From Play endeavours to ensure that the information published on its website is as accurate as possible. However, Learn From Play is not responsible if information made available on the website is not accurate, complete or current. Any reliance on the material on the Learn From Play website is at your own risk.
Learn From Play reserves the right to modify the website and its contents at any time. However, you acknowledge that Learn From Play does not have any obligation to modify its content. You agree that it is your responsibility to monitor changes on the website.

Third-Party Links

The external linked websites within the website and subsequent materials are not within the control of Learn From Play. Learn From Play does not take responsibility for the content in, or currency of, any externally linked sites. A link on the website neither implies endorsement by Learn From Play of the linked website, nor a relationship with the organisation linked except for the affiliate link between Learn From Play and Amazon Books.

You agree that Learn From Play is not liable or responsible in any way for any third-party materials, third party websites, third party products or other third-party material including Amazon and books purchased from that service via a link provided on the Learn From Play website.

Prohibited Use

You are prohibited from using and contents found on the Learn From Play website: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any laws; to infringe upon or violate any person’s rights; to harass, abuse, insult, harm, defame, intimidate or discriminate against any person; to submit false or misleading information; or to upload or transmit viruses or malware (or similar).

Disclaimer & Limitation of Liability

Learn From Play makes no guaranties, warranties or representations about the contents of its website. Without limitation, Learn From Play does not guarantee, represent or warrant that use of its services will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, in inability to use, the website and its resources is at your own risk. All products and services delivered through the website are provided ‘as is’ and ‘as available’ (unless expressly stated otherwise) for your use, without any representation, warranties or conditions of any kind, either express or implied.

Privacy Policy - Collection of Personal Information

Learn From Play is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

We will only use your personal information for direct marketing communications, to notify you of the status of your order, to fulfil orders and to respond to consumer queries.

Please note that you may opt-out at any time from marketing communications, including targeted advertising messages, by following the ‘opt-out’ options provided or by contacting Our Websites via email or on 1800 264 429.

We will not disclose your personal information to any third party that intends to use it for direct marketing purposes unless we have specifically informed you and you have given Our Websites specific permission to do this.

We take all reasonable technical and organisational measures to protect personal information against loss, unauthorised access, use, modification or disclosure, and against other misuse. When the personal information that we collect is no longer required, we destroy or delete it.

We reserve the right to make changes to this Privacy Policy at any time. We encourage you to regularly review this Privacy Policy to make sure you are aware of any changes and how your information may be used.

Our Websites (Learn From Play, Learn From Play Fundraiser and Learn From Play In A Box)

Our Websites are offered to you conditioned on your acceptance without modification of the Terms of Use and notices contained herein. Your use of Our Websites constitutes your agreement to all such Terms of Use and notices.

As a condition of your use of Our Websites you warrant that you will not use Our Websites for any purpose that is unlawful or prohibited by these Terms of Use and notices. You may not use Our Websites in any manner which could damage, disable, overburden or impair Our Websites or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Our Websites.

The information, software, products and services included in or available through Our Websites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We may make improvements and/or changes to Our Websites at any time.

To the maximum extent permitted by applicable law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, data or profits arising out of any or in any way connected with the use or performance of Our Websites, with the delay or inability to use Our Websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Our Websites, or otherwise arising out of the use of Our Websites, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or identical damages the above limitation may not apply to you. If you are dissatisfied with any portion of Our Websites or with any of these Terms of Use your sole and exclusive remedy is to discontinue using Our Websites.
We reserve the right to terminate or restrict your access to Our Websites and related services or any portion thereof at any time without notice to you.

Learn From Play Fundraiser

Profits are set per Fundraising Pack subject to your selling of products and the purchasing of Fundraiser Packs by members of your School Community. This profit is set before the deduction of any delivery fee or other expenses incurred by Learn From Play in the fulfillment of your order above and beyond the cost of the Fundraiser Pack items.

General

To the maximum extent permitted by law this agreement is governed by the laws of Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Australia in all disputes arising out of or relating to the use of Our Websites. Use of Our Websites is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Our Websites as a result of this agreement or use of Our Websites. Our performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of Our Websites or information provided to or gathered by Our Websites with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein this agreement constitutes the entire agreement between the User and Our Websites with respect to Our Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and Us with respect to Our Websites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn in English.

Policy Updates

This Policy may change from time to time and is available on our website. If you have any questions, queries or complaints about our Privacy Policy please contact us via Rachel@LearnFromPlay.com or via:

Learn From Play
PO Box 800
NSW 2446



>
0
    0
    Your Cart
    Your cart is emptyReturn to Shop