Terms

Terms of Use

Studyladder's main goal is to supply students with a safe learning environment that can be supervised and monitored by their parents or teachers. To register on this website you must be over 18 years of age. For security reasons, we do not allow students under the age of 18 years to register directly on our site.

To register as a teacher you must have formal teaching qualifications in your country of residence. To limit fraudulent use, teachers' access may be restricted if regular student/class activity is not detected. Home-schooling parents may not register as a teacher but as a parent.

These Terms of Use together with any additional terms, conditions, notices and disclaimers contained elsewhere on any "Studyladder" website (the "Websites") (the "Terms") constitute the conditions of supply of any idea, information whether text, sound, graphical or digital material (the "Material") on, use of and access to the Websites . By using or continuing to use the Websites you acknowledge and agree that you accept and agree to abide and be bound by the Terms and any modifications appearing on the Websites. Studyladder may change, add, remove or replace any of the Terms at any time. We recommend that you return here regularly to see if anything has changed. When we make a change to these terms we will put a note at the bottom of this page describing what the changes are and when they occurred. If you do not agree with these changes you should notify us by email so we can remove your registration from our system.

Free Teacher/School Use of Product

Registered school teachers have always had free use of the Websites and the Material during school hours. Studyladder's new pricing policy will continue to protect free teacher time during school hours to teachers using this product with their students.

Students at schools registered for a site license by their school administrator will also continue to have free access to Studyladder during school hours. In addition, students at registered schools will have free access to three homework activities per day (unless agreed otherwise with Studyladder in writing). Free school access does not extend to either home use by teachers with their own children or to commercial use by teachers or others offering private tutoring services. Those using our service commercially should ensure each student is subscribed to the full access service. When a teacher selects a school they are agreeing that their data may be shared with others at that school for administration reasons. If a teacher leaves the school, they may keep their account but their class and student profiles must remain with the school. We reserve the right to check that 'teachers' are actually teachers at the school they say they are.

Student free homework access is limited to three activities per day ((unless agreed otherwise with Studyladder in writing). Parents wishing to have full home access to the program for their children must pay a fee.

Studyladder's 'Shared access' feature for teachers allows the school administrator to access all teacher accounts at the school. This enables an administrator to assist other teachers with class setup and management. The 'Shared access' setting can be changed at any time by teachers via their Studyladder account.

Privacy Policy

Studyladder treats the personal information of Users with the utmost respect and confidentiality and takes reasonable steps to ensure that your personal information is stored securely and accurately. Studyladder respects your rights to privacy protection under the Privacy Act 1988 (Cth) and is required to comply with the National Privacy Principles when collecting, using, disclosing and handling of your personal information. Studyladder will comply with the new Australian Privacy Principles when they become law. You may access your account to correct any of your personal information that we hold. Please refer to our privacy policy for further details.

All information obtained by registering and using Studyladder is governed by Studyladder's Privacy Policy. By allowing your children/students to use Studyladder you are agreeing with Studyladder's Privacy Policy. If you do not agree this policy, you must not allow your children/student's to use Studyladder.

You agree that the personal information collected may also be used to promote and inform you of other Studyladder services, which may interest you. You may notify us at any time that you no longer wish to receive promotional material by emailing support@studyladder.com

Your personal information will never be provided to any third party for their marketing or promotional use.

Delivery Policy

Almost immediately upon registration, Users will receive a confirmation email with their username and access instructions. This enables access to all areas of the site that their membership permits.

Warranties

You acknowledge that the Websites and Material are provided:

  1. as is," and may contain errors, defects and not be available on an uninterrupted basis. (Please refer to our disclaimer policy).
  2. without any promise that access to the Material or theWebsites will be secure or uninterrupted. To the extent permitted by law, we will not be liable for any Claim from you relying on the security or uninterrupted supply of material on or access to the Websites.
  3. without any promise that the servers we use to make Studyladder available will not contain viruses that may harm your computer. To the extent permitted by law, Studyladder is not responsible for any loss or liability relating to:

    1. the Websites use and/or resulting from errors, omissions, down-time, misrepresentations or misunderstandings; and
    2. any websites linking to or from Studyladder or products, services, the Websites or programs recommended by Studyladder.

Copyright and IP

Studyladder is the authorised user of all software, documentation, intellectual property and content accessed through Studyladder. All software, documentation, intellectual property and content accessed through Studyladder is protected by Australian and international laws. Studyladder's affiliates and any subsidiary companies, and their licensors (collectively, "we," "us," or "our"), are authorised users of Studyladder.

Material and software on these sites is copyright protected. It should be used only for your own personal or school use (non-commercial) and not for any other purpose. You are prohibited from using such Material and software for any other purpose and from copying the Material and/or software without our prior written approval or the prior written approval of the person or corporation who owns it, (a copy of such approval must be provided to us upon request).

Title

Your registration and use of Studyladder does not transfer title from Studyladder to you. The rights granted to you are limited and do not include any intellectual property rights. Studyladder retains full and complete authority to Studyladder and all intellectual property rights therein.

Restrictions

On completion of registration Studyladder grants you non-exclusive use of the Studyladder website for non-commercial and personal or educational use only. You may not:

  • Reproduce or copy Studyladder to any other server for any purpose;
  • Copy, redistribute or sell any Material;
  • Change, translate or create any derivative works based on Studyladder and any of the Material;
  • Attempt to decompile, disassemble, reverse engineer or otherwise translate Studyladder into any human readable format;
  • Remove any proprietary, copyright or Terms notice; or
  • Create other software that incorporates Studyladder and any aspects of the Material.

Refund Policy

To the extent permitted by law;

  1. Users who pay and register without a trial period will receive a full refund if requested within 14 days of payment, less any transaction fees
  2. No refunds will be given to Users who request a refund later than 14 days from their date of payment.
Street Trading Address
Suite 3, Level 8, 111 Phillip Street, Parramatta NSW 2124 Australia
Customer Service Contact
Email: support@studyladder.com

Secure Payment Processing

This website supports Secured Sockets Layer based transaction (SSL) from a browser to a level at least 128 bits.

Currency

All transactions on this site are in Australian dollars unless stated otherwise.

Limited Liability

Studyladder's liability is limited to, to the extent permissible by law and at its option;

  1. in relation to the Material:

    1. the replacement of the Material or the supply of equivalent materials; or
    2. the payment of the cost of replacing the Material or of acquiring equivalent materials.
  2. in relation to the Websites:

    1. the supply of service again; or
    2. the payment of the cost of having the services supplied again.

To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Studyladder is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for any increased costs or expenses;

  1. any loss of data or business interruption;
  2. any loss of profit, revenue, business, contracts or anticipated savings;
  3. any loss or expense resulting from a Claim by a third party; or
  4. any special, indirect or consequential loss or damage of any nature whatsoever caused by your use or inability to use the Websites or any of the Material.

If you are unhappy with any aspect of Studyladder or the Terms then your only remedy is to discontinue using any and all aspects of Studyladder. You will also need to notify us by email specifying your details and the email address originally used to create the account. You will then be unsubscribed from Studyladder.

Contribution to Material

As a user of the Websites you may contribute Material for inclusion on the Studyladder website (the "User Material'). Such User Material may include, but is not limited to:

  • worksheets;
  • stories;
  • poems;
  • videos;
  • ideas;
  • drawings;
  • photos;
  • songs;
  • games; and
  • any other educational content.

By submitting the User Material to Studyladder you acknowledge and agree that Studyladder has the right to:

  1. reproduce the User Material or include the User Material on the Studyladder website as it sees fit. Notwithstanding this you acknowledge and agree that Studyladder makes no guarantee as to the quality or accuracy of the User Material.
  2. edit and delete the User Material for any purpose;
  3. make any changes to the User Material in its entire discretion, including but not limited to, using the User Material with any other material;
  4. exclude the User Material from inclusion on the Studyladder Website;
  5. do any or all acts or omissions which would otherwise be an infringement of your moral rights as an author. This consent is given for Studyladder's benefit and for the benefit of the Studyladder's licensees, assignees and future owners of copyright in the User Material; and
  6. remove any User Material or part of and User Material that is deemed by Studyladder to be inappropriate or does not comply with Studyladder's Terms of Use. You also acknowledge and agree that other users of the Studyladder website are permitted flag and report any content that they regard as inappropriate;

By submitting material to Studyladder you acknowledge and warrant that:

  1. you are entitled to submit the User Material for inclusion on the Websites;
  2. the publication of the User Material does not infringe the rights of any third party;
  3. there is no unlawful, defamatory or inappropriate content contained in the User Material;
  4. upon submission of the User Material to Studyladder, Studyladder will own all rights (including copyright) in the material;
  5. any use Studyladder makes of the User Material is an authorised use; and
  6. you release Studyladder from any liability to for any infringement of any of your rights arising from the Studyladder's use of the User Material, including, but not limited to, claims under Tort Law, Contract Law, the Competition and Consumer Act 2010 (Cth), The Privacy Act 1988 (Cth) and equivalent state and territory legislation;
  7. you waive any right to royalties or other compensation arising or related to the use or sale of the User Material;
  8. you also understand that the User Material may be used for any purpose prescribed by Studyladder within an unrestricted geographic area;
  9. you represent that you have full power to comply with these terms and conditions and that such terms do not in any way conflict with any existing commitment on your part;
  10. The release contained in this document is irrevocable and the benefit of this release may be transferred by Studyladder and its licensees and assignees;
  11. Other persons may have submitted content or User Material to Studyladder, or may have otherwise made public such content or User Material, that is similar or identical to all or a portion of your User Material or concepts contained therein. You understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of User Material, or any posting or display thereof, is not any admission of novelty, priority or originality;
  12. you will indemnify Studyladder against any claim, liability, loss, suit, damage or action brought by any party and any expenses incurred by Studyladder, including legal costs, as a result of the content of the User Material and any use of the User Material by Studyladder;
  13. Studyladder and its assignees and licensees will have the right to:
    1. Exploit the User Material in any and all media and methods of communication to the public, whether the media is now known or invented in the future; and
    2. Use your name and any other information concerning me to publicise and promote the User Material, Studyladder and the business carried on by Studyladder; and
    3. use my personal information to send me product information and marketing communications.
  14. Hereinafter the Terms Material includes User Material.

Your conduct

As a condition of your use of the Websites or the Material, you guarantee to Studyladder that you will not use Studyladder for any purpose that is unlawful or prohibited by the Terms. You agree to abide by all applicable laws and regulations. In particular, you agree not to:

  • Use Studyladder to defame, abuse, harass, stalk, threaten or otherwise offend others,
  • Publish, distribute, e-mail, transmit or disseminate any material which is false or misleading, unlawful, obscene, defamatory, indecent, offensive or inappropriate,
  • Use any automated scripting tools or software,
  • Damage or block the site or prevent it from functioning,
  • Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Studyladder,
  • Impersonate any person or entity,
  • Upload, post, e-mail, transmit or otherwise make available using Studyladder any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware,
  • Breach any applicable laws or regulations,

Studyladder has no obligation to monitor any User's use of our sites; however, Studyladder retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By using the Websites, Users will indemnify Studyladder and keep Studyladder indemnified from and against any loss of damage Studyladder or any of its related bodies corporate may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of the Terms or any other legal obligation by you or your use of or conduct on the Websites or Material by the User or its representatives. You shall use your best efforts to help us in the defence of any Claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Governing Laws and Entirety

The laws of the state of New South Wales, Australia, govern these Terms. All parties submit to the jurisdiction of the courts of New South Wales. You agree that any action arising out of or relating to the Terms shall be heard and adjudicated only in the courts of NSW. Should any provision of the Terms be deemed void or unlawful, for any reason, or unenforceable, then that provision shall be deemed severable from these and shall not affect the enforceability or validity of any remaining provisions.

Termination

The Terms apply until this agreement is terminated by either you, your educational institution or by Studyladder. Studyladder reserve the right, at its discretion, to terminate access to any or all of Studyladder and any related services at any time, without notice, to either an individual or group of Users - including educational establishments and classes within these. This may include an automatic closure of all of your sub-accounts. If you are unhappy with any aspect of Studyladder or the Terms then your only remedy is to discontinue using any and all aspects of Studyladder.

Assignment

You acknowledge and agree that Studyladder may assign its interest in this agreement to any other party at its discretion without prior notification to you.

You acknowledge and agree that your rights and obligations under this agreement are personal to you and non-transferable.

Definitions

  • The Websites: all websites owned and operated by Study Ladder Pty Ltd
  • Studyladder means Study Ladder Pty Ltd ABN 49 140 161 548 its directors, employees and websites operated by Studyladder
  • Material: means Text, graphics, photos, other media and or any information on our sites
  • Us, we, our: means Study Ladder Pty Ltd ABN 49 140 161 548 its directors and employees
  • Truth: Means reliability, accuracy or completeness
  • Claim: means a demand for payment, or rectification, or publication whether by litigation or otherwise and includes the loss or damage claimed and legal costs incurred
  • Promise: means a guarantee, warranty or representation
  • Negligence: wherever used includes our negligence as well as the deliberate or negligent acts of others
  • Users: People who use Studyladder, including the Parents and teachers who register to use the site.
  • Sites: means all websites, Internet access portals, URL's capable of being accessed by a browser, including WAP and other formats operated and maintained by us

Date Terms Issued, 14 March 2013
Clauses added related to "Contribution to Material"