Please read the terms of this end user agreement (“these Terms of Use“) carefully. By subscribing and accessing the Lesson Zone Reproducible or Non-Reproducible Resources published on the website lessonzone.com.au operated by Lesson Zone Pty Ltd (ACN 163 073 256 / ABN 56 163 073 256) (“Lesson Zone“) (“our website” or “the Lesson Zone website“), you, the subscriber (“Subscriber“), accept these Terms of Use as they apply from time to time.
- 1. Definitions
- 1.1 In these Terms of Use:
- “Approved Uses” means the approved uses set out in clause 5;
- “Content” includes the Resources, clip art, text, website design, logos, graphics, images and other materials on the Lesson Zone Website;
- “eBooks” includes book length publications in electronic or digital formats, including secure PDF format, made available to the Subscriber for use in accordance with clause 5.2;
- “Further Term” means a further term of 12 calendar months from the anniversary of the end of the Term, which is renewed in accordance with clause 3.3;
- “Membership Account” means the Subscriber’s membership account with Lesson Zone;
- “Non-Reproducible Resources” means the educational resources made available to the Subscriber for use in accordance with clause 5.3;
- “Reproducible Resources” means the educational resources including clip art or other content made available by Lesson Zone for reproduction and use by the Subscriber in accordance with clause 5.1;
- “Resources” means the Reproducible Resources, eBooks and the Non-Reproducible Resources;
- “Subscription” means the Subscriber’s annual subscription to have access to the Lesson Zone Website to download and use the Resources in accordance with these Terms of Use;
- “Subscription Fee” means the annual subscription fee paid by the Subscriber for a Subscription in accordance with clause 2.1; and
- “Term” means 12 calendar months commencing from the date of purchase.
- 2. Grant of Permission
- 2.1 Lesson Zone will provide access to the Subscriber to view or download and use the Resources for the Approved Uses upon payment of the Subscription Fee by the Subscriber using a payment method which is accepted by Lesson Zone from time to time.
- 2.2 Provided the Subscriber has paid the Subscription Fee and activated a Membership Account, Lesson Zone will provide the Subscriber with access to the Resources and grants the Subscriber a personal, non-exclusive, non-transferable, permission to view or download and use the Resources for the Approved Uses during the Term in accordance with these Terms of Use.
- 3. Subscription and Renewal
- 3.1 The Subscriber’s Subscription commences from the date of purchase.
- 3.2 Lesson Zone may vary the Subscription Fee from time to time, in accordance with clause 14.1.
- 3.3 Subscriptions will be automatically renewed at the end of each Term for a Further Term unless the Subscriber elects not to renew the Subscription in accordance with clause 10.1. Where the Subscriber elects to automatically renew the Subscription for a Further Term, the Subscription Fee will be charged to the Subscriber’s credit card on the twelve month anniversary of the end of the Term or Further Term.
- 3.4 If the Subscriber does not elect to automatically renew the Subscription for a Further Term, the permission granted under clause 2 will cease at the expiry of the Term
- 3.5 Unless the Subscriber elects not to renew the Subscription in accordance with clause 10.1, the Subscription will be automatically renewed for a Further Term and the Subscriber acknowledges that Lesson Zone is authorised to instruct Lesson Zone’s third party payment system to charge the Subscription Fee using the Subscriber’s credit card information.
- 3.6 The Subscriber is required to ensure that the information provided in the Membership Account is accurate and current including correct credit card information to be used and stored by the secure third party payment system used by Lesson Zone.
- 4. Password and Login Details
- 4.1 Passwords and user login names will be created by the Subscriber during the registration process and may only be used by one Subscriber.
- 4.2 Once a Subscriber’s Membership Account is active and a password and user login has been created by the Subscriber, the Subscriber is permitted to log onto the Lesson Zone Website from any school or home computer to access the Resources in accordance with the Approved Use in clause 5.
- 4.3 A Membership Account is personal to a Subscriber and may not be shared or used by multiple users or any other person.
- 4.4 Should Lesson Zone become aware that a Subscriber is sharing a Membership Account with any other person, Lesson Zone reserves the right to suspend the Subscriber’s Membership Account.
- 4.5 Passwords and User names must be kept confidential and may not be publicly disclosed or made publicly available.
- 5. Approved Uses
- 5.1 Reproducible Resources may be downloaded, printed, copied, reproduced for educational use by the Subscriber within the Subscriber’s classroom, whether in an educational institution or the Subscriber’s home.
- 5.2 eBooks and printable black and white versions of eBooks may be used as follows:
- (a) eBooks may be viewed and projected on an interactive whiteboard or compatible electronic device; and
- (b) black and white versions of eBooks may be viewed and projected on an interactive whiteboard or compatible electronic device and printed,
- by a Subscriber for educational use within the Subscriber’s classroom, whether in an educational institution or in the Subscriber’s home.
- 5.3 Non-Reproducible Resources may only be used by the Subscriber for the Subscriber’s personal use and may not be copied for use by any other person or student, reproduced in any form (electronic or hard copy), stored on a retrieval system or transmitted in any form without the prior written consent of Lesson Zone.
- 5.4 The Resources may not be used for any commercial purposes or re-supplied or incorporated within any other product or service.
- 5.5 Subscribers are not permitted to upload Resources or pages from the Lesson Zone Website to a Subscriber’s website.
- 6. Privacy Policy
- 6.1 The collection, storage and use of personal information by Lesson Zone will occur in accordance with the Lesson Zone Privacy Policy, as published on the Lesson Zone website and updated from time to time.
- 7. Refund Policy
- 7.1 Refunds of the Subscription Fee will occur in accordance with the Lesson Zone Refund Policy, as published on the Lesson Zone Website and updated from time to time.
- 8. Trade Marks
- 8.1 Lesson Zone is the owner of the trade marks that appear on the Lesson Zone Website, including: the LESSON ZONE trade mark.
- 8.2 The Subscriber must not use any of these trade marks in a way that infringes Lesson Zone’s intellectual property rights.
- 9. Intellectual Property and Copyright
- 9.1 Unless otherwise indicated, Lesson Zone owns all of the intellectual property, including copyright, in the Resources.
- 9.2 The Subscriber acknowledges that all of the intellectual property rights, including copyright, in the Resources will remain vested solely in Lesson Zone and that the Subscriber will not obtain any right, title or interest in the Resources.
- 10. Expiry of Subscription and Termination
- 10.1 The Subscriber may elect not to renew the Subscription by removing the payment details from their account at any time.
- 10.2 The permission granted under clause 2 may be terminated by Lesson Zone if the Subscriber is in breach of any of these Terms of Use by giving the Subscriber 7 days notice of termination by email.
- 10.3 In the event that the permission granted under clause 2 is terminated by Lesson Zone, the Subscriber will from the date of termination, cease all use of the Resources and if requested by Lesson Zone, return or destroy all electronic copies of the Resources in the Subscriber’s possession, custody or control.
- 11. Indemnity
- 11.1 By using the Lesson Zone Website and the Resources, the Subscriber agrees to indemnify, defend and hold harmless Lesson Zone and its subsidiaries, officers, employees and agents from and against any losses or liabilities, claims, damages or expenses, which may arise (directly or indirectly) out of or as a result of the use by the Subscriber of the Resources.
- 12. Warranties, Guarantees and Limitation of Liability
- 12.1 These Terms of Use do not modify, restrict or exclude any of the consumer guarantees set out in sections 51-59 (inclusive) of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”).
- 12.2 To the extent permitted by the ACL, where the Resources are not used for personal, domestic or household purposes, the Subscriber’s liability, if any, arising from a breach of any implied conditions or warranties, or failure to comply with a consumer guarantee under the ACL in relation to the Resources, shall, at the election of the Subscriber, be limited to:
- (a) replacing the Resources; or
- (a) refunding the Subscription Fee and an amount that is equal to the value of any other consideration provided by the Subscriber for the Resources.
- 12.3 Subject to clause 12.2, The Subscriber acknowledges and agrees that to the maximum extent permitted by law, Lesson Zone will not be liable for any direct or indirect loss or damage (including direct or indirect consequential loss, loss of profits or goodwill) in respect of the Resources or the Subscriber’s use of the Resources.
- 13. Assignment
- 13.1 Lesson Zone may assign its rights under these Terms of Use without notice to the Subscriber.
- 14. Amendments to Terms of Use
- 14.1 Lesson Zone may amend these Terms of Use, including the Subscription Fee, at any time. Any changes to the Subscription Fee will not take effect during the current Term and will take effect when the Subscription is renewed for a Further Term.
- 14.2 Lesson Zone will notify Subscribers of any amendments to these Terms of Use by publishing an update to Subscribers on the Lesson Zone Website.
- 14.3 The Subscriber will be taken to have accepted any variations of these Terms of Use at the time the Subscriber renews the Term or any Further Term.
- 15. Governing Law
- 15.1 The use of the Lesson Zone Website, the Resources and these Terms of Use are governed by the laws of the State of New South Wales, Australia. The Content on the Lesson Zone website relates to the laws of Australia, unless specifically stated otherwise.
- 16. General
- 16.1 These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from those courts.
- 16.2 If a provision of these Terms is held to be unlawful or in conflict with any rule of law, statute, ordinance or regulation it must be severed so that the validity and enforceability of the remaining provisions are not affected.
Last modified: 10th March 2014
