Terms and Conditions
It is NOT OK to pass these books onto anyone else. They are individual workbooks solely intended for the recipient child to use. To continue to provide quality resources that are created with years of classroom experience, knowledge and a ton of love, each and every book that is used in front of a child needs to be purchased as an individual book or under a SCHOOL LICENCE.
To protect you and your school from a school audit simply email firstname.lastname@example.org. We offer competitive prices so our products remain within financial reach for individuals and schools purchasing our useful curriculum resources.
Lizard Learning is registered with Copyright Australia Limited who regularly audits schools to monitor for Copyright Infringement. COPYRIGHT INFRINGEMENT IS REAL!! Photocopy audits are conducted yearly in schools around Australia.
These Terms and Conditions constitute a legally binding contract between Lizard Learning Pty Ltd ACN 158 235 333 (Lizard Learning) and you (User).
Lizard Learning operates the website located at www.lizardlearning.com (Site). These Terms and Conditions apply to the goods and services supplied via the Site and to Users viewing the Content that appears on the Site.
By viewing and using the Content, creating an account or licence, or purchasing goods and services, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they agree to be bound by them.
Users who do not agree to these Terms and Conditions must leave the Site immediately.
1. Definitions and interpretation
1.1 Defined terms
Application means the application that is available on the Site for the User to access, download (if applicable) and use.
Content means any other text, data, speech, music or other sounds, visual images (animated or otherwise) is any form, or in any combination of forms as defined in Schedule 7 of the Broadcasting Services Act 1992 (Cth) on the Site and includes the Materials and Application and any features that appear on the Site for Users to use.
Free Licence means the royalty-free, fee-free, non-exclusive, worldwide licence granted to Users to use the Free Materials.
Free Materials means the free Resources and Application that are available for Users to download and use from the Site for free.
Insolvency Event means circumstances in which Lizard Learning or a User take any corporate action or any steps are taken or legal proceedings are started for:
(a) its winding-up, dissolution, or liquidation;
(c) the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or
(d) seeking or being granted protection from its creditors, under any applicable legislation.
Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
Materials means the Free Materials and Paid Materials.
Paid Materials means the Resources and the Application that the User is granted access to pursuant to their Purchases.
Resources means the resources available on the Site excluding the Application.
Term means the Initial Period and each subsequent Renewal Period as applicable.
(a) the singular includes the plural and the plural includes the singular;
(b) a person includes a body corporate;
(c) to an amount of money, to $, $A or dollar is a reference to the currency of Australia;
(d) a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision;
(e) including and similar expressions are not words of limitation;
(f) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
(g) headings and the table of contents are for convenience only and do not form part of these Terms and Conditions or affect its interpretation.
2. Accessing Resources
In order to access the Resources, Users must have a fully licensed and operating copy of Adobe Reader, which can be downloaded from http://get.adobe.com/reader/.
3.1 Free Licence
(a) The Free Licence commences on the Commencement Date of the first purchase and continues until the User’s account is terminated.
(b) Lizard Learning grants Users a non-exclusive, non-transferable, fee-free, royalty-free limited licence to use the Free Materials until the User’s account is terminated by the User, or by Lizard Learning pursuant to these Terms and Conditions.
(c) The User agrees to use and access the Free Materials on the terms of the Licence and for the purpose for which the Free Materials are provided.
3.2 Unauthorised access and use
The Users must not under any circumstances:
(a) provide Materials to any teachers, parents, or other unauthorised users;
(b) resell any Materials;
(c) provide any Materials for profit or a personal benefit; or
(d) allow any third parties to use their Licence/downloaded materials.
(a) Lizard Learning retains all right, title and interest in and to all Intellectual Property in the Content and Site.
(b) The Users acknowledge that they do not acquire any Intellectual Property, either express or implied, in the Content and Site beyond the terms contained in these Terms and Conditions.
3.4 No obligation to support
Provided the Materials function and are fit for purpose, Lizard Learning has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Materials.
3.5 Account and password
(a) Users must create a Site account to access the Materials.
(b) Users must keep all usernames and passwords to their account strictly confidential.
(c) Users are expressly prohibited from sharing their account details with third parties, however they may access the Site from whatever location they like.
3.6 Termination by Lizard Learning
(a) Lizard Learning reserves the right to limit, cancel, suspend or terminate a Licence without notice if:
(i) it no longer has the right to provide the Content to the User for any reason whatsoever;
(ii) the User commits a breach of any of the material terms and conditions of these Terms and Conditions or the Licence, including but not limited to providing the Materials to unauthorised users;
(iii) the User’s use of the Content may breach a third party’s Intellectual Property rights;
(iv) the activities being conducted by the User contravene any applicable law;
(v) the User does not pay the Licence Fee for the Renewal Period prior to the Renewal Period commencing;
(vi) the User is a body corporate and suffers an Insolvency Event;
(vii) the User is an individual and becomes bankrupt.
(b) If Lizard Learning terminates the Licence pursuant to this clause 3.6:
(i) the User will cease to have access to the Materials;
(ii) the User will not be entitled to a refund of any Licence Fees paid for the Licence; and
(iii) Lizard Learning is not liable for claims, demands or damages (including actual and consequential) of any kind for terminating the User’s access to the Content and Site.
3.7 Termination by the User for breach
(a) The User can terminate the Licence without notice if Lizard Learning commits a breach of any of the material terms and conditions of the Licence.
(b) Lizard Learning will refund the User the Licence Fee for the Initial Period or the Renewal Period as applicable on a pro-rata basis if the Licence is terminated pursuant to clause 3.10(a).
(c) If the Licence is terminated because the User did not pay the Licence Fee for the Renewal Period, the User may continue to access the Materials up until the Term expires.
3.8 Actions upon termination
(a) the User will cease to have access to the Content;
(b) the User must delete any downloaded or saved Resources;
(c) the User must cease using any Resources, except for Resources that have been printed prior to the Licence being terminated;
(d) the User must cease to use and uninstall the Application from all devices the User has installed the Application on;
(e) any clauses intended to survive termination of this Licence, including clauses 3.3, 3.4, 3.6(b), 3.8, 7, 9, 10, 11, 12.1, and 12.6, survive termination.
4. Permitted use of Content
(a) Unless otherwise indicated, Lizard Learning reserves all copyright in the Content and design of the Site. Lizard Learning owns all such copyright or provide it to Users under the terms of a limited licence embodied in these Terms and Conditions each time Users visits the Site.
(b) User may download, print or copy Content for their own use, pursuant to their Licence/purchases. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, outside the scope of their Licence, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, Users must not reproduce or use any of the Content for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act or as otherwise provided for in the Licence and these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
5. Prohibitions on use
The Site and Content must not be used in any manner that infringes Lizard Learning’s rights. Users agree that they must not:
(a) data mine or conduct automated searches on the Site or the Content whether through the use of additional software or otherwise;
(b) frame or mirror the Site;
(c) tamper with, hinder the operation of, or make unauthorised modifications to the Site or Content;
(d) transmit any virus, worm or other disabling feature to or via the Site;
(e) abuse, defame, harass, stalk, threaten or otherwise violate Lizard Learning’s legal rights or the legal rights of a third party;
(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;
(g) modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content;
(h) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
(i) use the Content for any purpose or in any manner not contemplated in these Terms and Conditions or in a manner which could damage the reputation of Lizard Learning or the goodwill or other rights enjoyed by Lizard Learning; or
(j) transfer, sublicense, rent, lease or lend the Materials to a third party or use the Materials outside of the classroom or for commercial sharing.
6. Provision of service
(a) Lizard Learning may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
(b) Lizard Learning may also choose at its sole discretion to block or deny any particular User with access to any of the Content.
(c) Lizard Learning may make improvements and or changes to the Content and Site at any time without notice. Lizard Learning does not warrant that the information architecture or navigation will not change now or at any time in future.
7. Consent to the provision of information to third parties
(a) Users acknowledge that their details may be provided to third parties in order for Users to access the Content and the Site.
(b) Users acknowledge that information about them may be sent between countries to other entities that Lizard Learning has commercial contracts with. The provision of such information will be under an obligation of confidence.
8. Links to third party sites
(a) Lizard Learning does not represent that the content on other websites to which the Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
(b) By inadvertently linking to infringing third party content, Lizard Learning is not authorising infringement of any intellectual property rights contained on those websites. Please contact Lizard Learning at email@example.com to notify Lizard Learning of any links which are alleged to be infringing.
9. No duty of care
(a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.
(b) Lizard Learning makes the Site available for the User to use, however Lizard Learning does not assume a duty of care to the User. Lizard Learning makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content.
(c) Users must make their own investigations to ensure the Content is accurate before they rely upon it.
10. Warranty disclaimer
10.1 Disclaimer of warranties
Users expressly acknowledge and agree that, to the maximum extent permitted by law:
(a) their use of the Site and Content is at their sole risk. The Site and Content is provided on an “as is” and “as available” basis. Lizard Learning and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) Lizard Learning makes no warranty that:
(i) the Content and Site will meet Users’ requirements;
(ii) the Content is accurate or reliable;
(iii) the Content and the Site will be uninterrupted, timely, secure or error-free;
(iv) the quality of the Content, or other material obtained by Users through the Site will meet Users’ expectations; and
(v) any errors will be corrected;
(c) any Content downloaded or otherwise obtained through the Site is accessed at Users’ own discretion and risk, and Users are solely responsible for any damage to their computer or loss of data that results from downloading Content; and
(d) no advice or information, whether oral or written, obtained by Users from Lizard Learning or through or from the Content creates any warranty not expressly stated herein.
10.2 Limitation of liability
(a) Except for certain statutory warranties under consumer protection laws Lizard Learning does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.
(b) Subject to any claims available under consumer protection laws, Lizard Learning and its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i) any inaccurate or incorrect information in the Content;
(ii) Users’ use of the Content;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;
(iv) any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;
(v) the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Site;
(vi) any unauthorised access to or alteration of a User’s account information;
(vii) for anything a User does to a third party as a result of using the Content or Site;
(viii) for any inability to use any third party equipment or access to data;
(ix) for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Site;
(x) for any indirect, incidental, punitive, special, or consequential loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site, even if Lizard Learning has been advised of the possibility of such damages or if such damages are foreseeable.
(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of Lizard Learning for such a claim will (at Lizard Learning’s option and to the extent permitted by law) be limited to:
(i) in the case of goods: repairing or replacing those good or paying the cost of having those repaired or replaced; and
(ii) if the breach relates to Content: resupplying that or equivalent Content, or paying the cost of having that Content resupplied.
The Users indemnify, defend and hold harmless Lizard Learning and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Lizard Learning may incur or suffer as a direct or indirect result of:
(a) any breach of these Terms and Conditions;
(b) a User’s negligent acts or omissions;
(c) an actual or alleged breach by a User of any law, legislation, regulation, by-law or code of conduct caused by the Content or other data uploaded or downloaded from the Site;
(d) use of the Content or Site, including any third party claims made in connection with, or arising out of, the User’s use of the Content and Site;
(e) any claims brought by or on behalf of a third party relating to any act or omission by the User, including breach of a third party’s copyright or trade mark.
(a) For all correspondence in relation to these Terms and Conditions, please contact Lizard Learning on:
(i) email: firstname.lastname@example.org; or
(b) If required, Lizard Learning will contact Users via the contact details the User has provided to Lizard Learning. If Lizard Learning has multiple contact details for a User, Lizard Learning will contact the User using the most recent contact details on file.
12. Miscellaneous provisions
12.1 Access to the Site
No representation or warranty is made that the Content and Site comply with the laws of any country outside of Australia. A User accessing the Site from outside Australia, does so at their own risk.
12.2 RSS Feeds
If a User utilises any features on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. The User must include the back link to the full article on the Site and show any included attestation.
12.3 Trade marks
Lizard Learning may be the owner of several common law (or where indicated), registered trade marks which appear on the Site. Unauthorised use of these trade marks will infringe Lizard Learning’s Intellectual Property rights. If a User infringes Lizard Learning’s Intellectual Property rights, Lizard Learnings reserves its rights to take action against that User.
Lizard Learning may change the Terms and Conditions at its discretion by providing notice on the Site. The version of the Terms and Conditions that applies to the Users will be available on the Site each time a User visits the Site.
12.5 Entire agreement
12.6 Governing law and jurisdiction
The laws of Queensland and Australia govern these Terms and Conditions. Lizard Learning and the Users submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
Part or all of a provision of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining parts of the provision or provisions of these Terms and Conditions continue in force.
If Lizard Learning does not act in relation to a particular breach by a User of these Terms and Conditions, this will not be treated as a waiver of Lizard Learning’s right to act with respect to subsequent or similar breaches