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TOS Page

Terms Of Service

Terms Of Service
These Terms and Conditions apply to both paid and free subscriptions to the Learn From Play website.

Membership terms
Anyone wishing to download material from the website 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.


Fees and charges
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.
No part of the membership fee will be refunded after purchase. 


Cancellation of Membership
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 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 tot he 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, including all information such as text, images, code, photographs, illustrations, artwork and other graphic materials, posters, names, logos and trade marks, 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.



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.



To the maximum extent permitted by law, in no case shall Learn From Play, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:
any injury, loss, claim;
any direct, indirect, incidental, punitive, special, or consequential damages of any kind; or
any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the resources, products or services procured using the Learn From Play website.
To the extent that the law of any state or jurisdiction does not allow the exclusion or limitation of liability as set out above, in those states or jurisdiction, Learn From Play liability shall be limited to the maximum extent permitted by law by the Australian Government in which the author of the resources, Rachel McCann, resides.



Indemnification
You agree to indemnify, defend and hold harmless Learn From Play and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.



Email marketing
You acknowledge that by providing your email address to us, you agree to receive email marketing from Learn From Play.
You may choose to opt out of any email marketing by clicking the appropriate link contained in any such email marketing.



User Comments, Feedback and Other Submissions
If you Submit any Content, you agree that Learn From Play  may at any time without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you Submit to Learn From Play.



Learn From Play is under no obligation to maintain any Content in confidence, pay compensation for any Content, or respond to any Content.
Learn From Play may (but is under no obligation to) monitor, edit or remove Content that Learn From Play determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any person’s intellectual property rights.
You agree that your Content will not violate the rights of any person, including any copyright, trade mark, privacy, personality or other personal or proprietary rights of any person. You also agree that your Content will not contain any defamatory or otherwise unlawful material, or contain any computer virus or other malware.


You agree that you will not use a false email address, pretend to be someone other than yourself or otherwise mislead Teach This or any other person as to your identity. You are solely responsible for the Content you provide and its accuracy.
Learn From Play is not responsible for, and assumes no liability in respect of, any Content posted by you or any other person.



Breaches of Terms and Conditions
You acknowledge that if you breach any part of these Terms and Conditions, Learn From Play may in its sole discretion:
cancel your Membership or suspend your access to the Services.

If Learn From Play cancels your Membership or suspends your access to the Services in accordance with this clause, you are not entitled to a refund of any part of the Membership Fee.



Australian Consumer Law
Learn From Play resources come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
to cancel your service contract with Learn From Play; and
to a refund for the unused portion, or to compensation for its reduced value.



Governing Law
.The Terms of Use will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.



Amendments
Learn From Play reserves the right to update, change or replace any part of these Terms and Conditions at any time without notice to you, by updating the terms available on its website. Your continued use of the website following any changes constitutes acceptance of those changes.



Privacy Policy

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.

What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including: 
Interviews, correspondence, by telephone and facsimile, by email, via our website LearnFromPLay.com.au from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you or communicating these services to you. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent; or where required or authorised by law.



Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information. 


Your Personal Information may be disclosed in a number of circumstances including the following:
Third parties where you consent to the use or disclosure; and
Where required or authorised by law.

Security of Personal Information


Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.


Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.


Learn From Play will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.


Maintaining the Quality of your Personal Information
It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.


Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:

 
If you have any questions about anything contained within these Terms Of Service and privacy policy, please contact us.

 
Learn From Play
10 The Grey Gums
Port Macquarie
NSW 2446


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