Subscription Licence Agreement – Club Plus Membership

TERMS AND CONDITIONS – LIZARD LEARNING CLUB PLUS MEMBERSHIP SUBSCRIPTION

Lizard Learning is the trading name of Lizard Learning PTY LTD, GPO Box 1941, Brisbane, QLD, 4001.

The term “Lizard Learning”, “We” and “Us”, shall mean Lizard Learning, the owner of this Website. The term “You”, “Yourself” and “Your” refers to the user or viewer of this Website.

1.    The Services

Lizard Learning Pty Ltd is a provider of high quality teaching resources – we call this the ‘Service’. Our resources are primarily distributed through the Website.

Lizard Learning Pty Ltd sells physical products and we call this the ‘Product Service’ which is made available through the Website.

Lizard Learning Pty Ltd provides a range of resource subscription services upon payment of a fee as specified on the Website or chargeable in some other way may be purchased. We call this the ‘Subscription Service’.

We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.

Lizard Learning Pty Ltd is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause.

2.    Member Accounts

Certain aspects of the Services may require You to register and provide information about Yourself. You agree to:

  1. provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and;
  2. maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.

Your privacy is incredibly important to us. You can find additional information in our Privacy Policy.

The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account.

You agree to:

  1. immediately notify Lizard Learning Pty Ltd of any unauthorised use of Your password or account and any other breach of security and;
  2. ensure that You exit from Your account at the end of each session. Lizard Learning Pty Ltd cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.

Your member account is strictly for your personal use only and you may not use your account to download and print for anyone else. Lizard Learning Pty Ltd does not allow volume printing arrangements, unless specifically agreed in writing (these will be individually negotiated).

Your Member account is subject to an acceptable use policy, and user accounts are monitored. Lizard Learning Pty Ltd considers that no user would reasonably need to download more than 200 resources per calendar monthand accounts exceeding this download level are subject to review.

3.    Your Conduct

Lizard Learning Pty Ltd accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on our Website by you or any third party.

You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Problems” for details of how to report such Content.

If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.

4.     Indemnity

You agree to indemnify, defend and hold Lizard Learning Pty Ltd and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Lizard Learning Pty Ltd.

5.    Special Warning for International Use

The Website is designed to be compliant with the applicable laws and regulations of Australia. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of Australia you use the Website at your own risk.

6.    Content Problems

If you object to the publication of any material placed in any area of the Website, please email cindy@lizardlearning.com. This is the fastest way to notify us and will provide to us a direct link to the post/message in question.

If you object to anything on the Website, please let us know by sending an email to cindy@lizardlearning.com and we will take whatever action we deem appropriate.

Lizard Learning Pty Ltd will always immediately correct content where mistakes are found, but We do not guarantee the accuracy of any content provided, and it is for You to verify and be satisfied with the material you download. Lizard Learning Pty Ltd provides an information service and You accept that We take no responsibility for the way You use the information you download.

7.    General Practices Regarding Use and Storage

You agree that Lizard Learning Pty Ltd has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

You acknowledge that Lizard Learning Pty Ltd reserves the right to de-activate accounts that are inactive for an extended period of time.

You acknowledge that Lizard Learning Pty Ltd reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree to using your usage data to provide rewards and incentives either randomly or as part of a programme and you agree to us publicly publishing your success in achieving these rewards or incentives.

Any reward or incentive programmes are provided at Lizard Learning’s discretion and may be added, removed or cancelled at any time for any reason at Lizard Learning’s sole and absolute discretion.

8.    Modifications to Service

Lizard Learning Pty Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

You agree that Lizard Learning Pty Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9.    Termination

You agree that Lizard Learning Pty Ltd, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Lizard Learning Pty Ltd believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Lizard Learning’s only remedy and Lizard Learning Pty Ltd may take any other action we reasonably deem appropriate in connection with such breach.

10. Dealing with Advertisers and Other Suppliers

Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

To the fullest extent permitted by applicable law, you agree that:

  1. Lizard Learning Pty Ltd shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website and;
  2. any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.

11. Links to Other Websites or Resources

The Service may provide, or third parties may provide, links to other websites or resources. As Lizard Learning Pty Ltd has no control over these sites and resources, you acknowledge and agree that Lizard Learning Pty Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

You acknowledge and agree that Lizard Learning Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. Use of Lizard Learning Teaching Resources

All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Lizard Learning Pty Ltd. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Lizard Learning’s written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

You acknowledge that all materials You download remain the property of Lizard Learning Pty Ltd in perpetuity.

Lizard Learning Pty Ltd strictly forbids the use of any scripted or otherwise automated method of content or website access.

13.  Disclaimers

You expressly acknowledge and agree that:

  1. The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
  2. Your use of the Service is at your sole risk. Lizard Learning Pty Ltd has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis.

We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free.

No responsibility is accepted by or on behalf of Lizard Learning Pty Ltd for any errors, omissions or inaccurate information on the Website or available through the Service.

  1. Neither Lizard Learning Pty Ltd nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  1. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
  2. From time to time the Website may also include links to other websites such as but not limited to on our blog and at ‘What Lizard Learning Loves’ on Amazon. These links are provided for your convenience to provide further information. They do not signify that Lizard Learning Pty Ltd endorses the website(s) and Lizard Learning Pty Ltd has no responsibility for the content of the linked website(s).
  3. The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made.

The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.

  1. Lizard Learning Pty Ltd is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service.

It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

  1. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  2. No advice or information, whether oral or written, obtained by you from Lizard Learning Pty Ltd shall create any warranty or other obligation not expressly stated in these Terms and Conditions.

14. Availability of the Website

Lizard Learning Pty Ltd has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Lizard Learning Pty Ltd therefore accepts no liability for its unavailability.

You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.

15. Limitations of Liability

Lizard Learning’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of the price paid by you to Lizard Learning Pty Ltd under any Contract during the 3 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that Lizard Learning Pty Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Lizard Learning Pty Ltd has been advised of the possibility of such damage.

Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Lizard Learning Pty Ltd.

16. Events Outside of Our Control

Lizard Learning Pty Ltd will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control which includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
  7. Viruses and cyber-attacks.
  8. Power or other failure affecting any part of our servers, premises or any other part of our service.
  9. Lizard Learning’sperformance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the event out of our control continues, and we will have an extension of time for performance during that period.

We will use our reasonable endeavours to bring the event that is out of our control to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the event that is out of our control.

17.   Lizard Learning Membership for Individuals

The Lizard Learning Club PLUS Membership Service is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:

  1. Lizard Learning Pty Ltd makes available the Membership Service by way of a subscription to You upon payment of a fee as specified from time to time on the Website.
  2. In accordance with the general Terms and Conditions, Your user and account username and password will notbe shared with anyone.
  3. In accordance with our Copyright Terms, You will not redistribute any resources downloaded through the Membership Service and You understand that any resources You download from the Website whether through the Membership Service or otherwise are for Your personal use only.
  4. You have explicitly read and agree to abide by the Lizard Learning’s Copyright Terms.
  5. You understand and agree to the Membership Service Acceptable Use Policy.
  6. You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Membership Service being immediately suspended. It is at Lizard Learning’s absolute discretion as to whether Your account will be reinstated.
  7. You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.
  8. A subscription to the Membership Service can only be purchased directly from Lizard Learning Pty Ltd by:
  9. paying a monthly subscription fee; (“Monthly Subscriptions”) or
  10. pre-payment giving You access to the Lizard Learning Club PLUS Membership Service for a specific time period (“Pre-Paid Subscriptions”).
  11. The Minimum Term of our monthly subscriptions is 12 months. The minimum Pre-Paid Subscription is 12 months. Lizard Learning retains the absolute right at their complete discretion to offer Monthly Subscriptions in certain countries for certain periods of time or Pre-Paid Subscriptions in certain countries for certain periods of time.
  12. When You register for the Lizard Learning Membership Service, You consent to get access to Lizard Learning Club PLUS Membership Service immediately.
  13. You may cancel Your order for access to the Membership Service within 14 days from the date of Your purchase and obtain a full refund by contacting cindy@lizardlearning.comunless You have started to download any resources within the Membership Service.

Once You have started to download any such resources, You cannot cancel Your order, and You will not receive a full or partial refund for Your order. By placing an order to subscribe to the Membership Service, You acknowledge and provide Your consent to this.

  1. In relation to Monthly Subscriptions, You will be charged the rate stated at the time of purchase, plus applicable GST taxes. Once a year for the duration of the Minimum Term. At the end of the Minimum Term, Your Membership Service contract will renew automatically for another 12 months until You or We cancel.
  2. In relation to a Pre-Paid Subscription, You will be charged at the time of purchase the rate stated at the time of purchase multiplied by 12, plus applicable GST taxes. At the end of the Minimum Term, Your Membership Service contract will, at our sole and absolute discretion, either renew automatically for another 12 months until You or We cancel it or it will not automatically renew and Your access to the Membership Service will cease until You take the actions prescribed by Us to renew Your Membership Service.

If Your Membership Service renews automatically, at the end of Your first Minimum Term We may charge You, at our sole and absolute discretion, the rate You paid when You first subscribed to the Membership Service or the then current annual rate for the Membership Service level you have access to. If You renew Your Membership Service before the end of the Minimum Term, Your renewed Membership Service will be extended to include, if any, the months which were remaining on your previous Membership Service Subscription.

  1. Lizard Learning Pty Ltd may change the price for the Monthly Subscriptions and Pre-Paid Subscriptions and we will communicate this change to you either at renewal, or in respect of Monthly Subscriptions, at the point the new price is in use.
  2. For your safety, credit/debit card details are not stored nor shared with third parties. Payment transactions are processed via PayPal, and You are encouraged to read the terms and conditions for any financial transactions with either of these companies. In short, we value your safety as highly as we would our own.
  3. You acknowledge that all content remains the property of Lizard Learning Pty Ltd at all times. You also understand that your purchasing of a Lizard Learning Club PLUS Membership package constitutes a licence for the use of Lizard Learning Pty Ltd material for the duration of the subscription only.
  4. Any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person downloading them and any replication or sharing of resources (without written permission of the owner) will result in Lizard Learning Pty Ltd taking action to protect its rights under the licence stipulated.

18.  Membership Service Acceptable Use Policy

The Membership Service is designed to allow individual users to download additional teaching resources for their own needs. Collectively, the Lizard Learning resource collection has taken many years to create.

The Membership Service is subject to an acceptable use policy, and user accounts are monitored. Lizard Learning Pty Ltd considers that no user would reasonably need to download more than 200 resources per calendar month and accounts exceeding this download level are subject to review.

The Membership Service allows Lizard Learning to support the hard working team members. As such, any violation of these terms and conditions are taken seriously and the user’s account will be reviewed and may be suspended immediately.

19. Membership Service Gift Vouchers / Competition Winners

At times throughout the year we give away memberships at teacher events and as social media prizes. All terms and conditions at Lizard Learning Pty Ltd apply to all gift vouchers and prizes and must be used within one year of the date of the voucher or event.

20. Product Service

Please ensure that you check the address you have set up in PayPal as your postal address. We are not responsible for any orders sent to the wrong email address.

If the product(s) provided under the Product Service are not what You ordered or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our contact address of the problem within 5 working days of the delivery of the service in question.

If You notify a problem to Us our only obligation will be, at Your option:

  1. to make good any shortage or non-delivery;
  2. to repair and resend any products that are damaged or defective.

Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this contract and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the relevant order.

21.  Intellectual Property

The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Lizard Learning Pty Ltd. All product and company names and logos mentioned in our Website are the trademarks, service marks or trading names of their respective owners including us.

Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from the director at Lizard Learning Pty Ltd.

22. Notices

Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at Lizard Learning Pty Ltd, GPO Box 1941, Brisbane, QLD, 4001. Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).

23. Age Restrictions

You must be over 18 to take out a subscription to the Membership Service or register as a free user of the website.

An individual under 18 may use the website if they have the consent of their parent or guardian or their teacher if they are using the website in an educational context. By allowing an individual under 18 to use the website in any way, You agree to provide us on request with the required consent in a format to be determined by Us at our absolute discretion.

24. Invalidity

If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.

25. Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

26. Entire Agreement

These Terms and Conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Services to You by Us.

27.  Waiver

No delay or failure by Lizard Learning Pty Ltd to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

28. Governing Law

The contract between us shall be governed by and interpreted in accordance with Queensland laws. Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Australia and You hereby consent to this jurisdiction.

29.  Contacting Us if there is a Problem

If you have any concerns about your subscription, the website or our resources or if you would like to make a complaint, please contact cindy@lizardlearning.com.

0

Your Cart