Acknowledgment and Acceptance of General Terms and Conditions
Updated: 1 February 2025
These General Conditions apply to all sciPAD Online users, regardless of whether a licence to access the Service has been purchased (by purchasing a corresponding workbook) by a school/educational institution on behalf of students and teachers, or directly by a student or parent. In the case of students who are minors, permission must be sought by that student's school or parent/guardian (as applicable) before that student is provided with access to the Services.
By accessing or using the Services or any of the content made available via the Services, the Customer agrees to comply with the obligations set out in this Agreement.
Definitions Used in This Document
Commencement Date means the date the Services are to commence as set out in the Subscription.
Customer, "you" and "your" refer to you, the purchaser of the Services identified in the Subscription.
Customer Data means data of any kind in whatever form (including text, images, audio and video, user interactions and IP address) contributed, linked to, or otherwise made available, through the Service by or from a User.
Business Day means any day except a Saturday, Sunday, public holiday or bank holiday in Australia.
Initial Subscription means the initial subscription term set out in your Subscription.
Intellectual Property Rights means:
- Any patent, trade mark (whether registered and whether within or outside Australia), copyright, design or other design right (whether registered or unregistered) and any corresponding property or right under the laws of Australia or any other jurisdiction in the world (including any applications for registration of the foregoing rights);
- Any right under the laws of Australia or any other jurisdiction in the world to apply for the grant or registration of a patent, trademark, copyright, design, or any corresponding property right; and
- Any rights and the benefit of any obligation owed in respect of an invention, discovery, trade secret, know-how, concept, data, database, information, process, methodology, formula or confidential information.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Services means the provision of access to sciPAD Science Workbooks PTY's interactive e-learning tools, curriculum and content to you via the sciPAD Online Platform.
sciPAD, "we", "us", or "our" refers to sciPAD Science Workbooks PTY.
sciPAD IPR means all Intellectual Property Rights subsisting in the sciPAD Workbooks, sciPAD AR or any sciPAD website, and includes without limitation all Intellectual Property Rights (including software source code), exclusive of any Customer Data or User Content.
sciPAD Platform means our cloud-based, online, interactive e-learning tool and Augmented Reality Application.
Subscription means the details of your purchase of the Service.
Term means the term of the Services as set out in the Subscription.
User means a teacher engaged by your training or educational organisation, a student or other person authorised to use the Services.
User Account means a user name and logon for a User to access the Service.
Privacy
By agreeing to these General Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using the Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your Access will be handled in accordance with our Privacy Policy and by accessing the Site, or allowing your child/student to access the Site, you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Policy.
Licence and Access
Licence
Subject to the Customer paying the user fee or buying a workbook, sciPAD Science Workbooks PTY will provide access to the sciPAD Online Platform to the Customer and its Users for those titles that have online content for a period of that year of sale.
Currently this is available for Book 1, Book 2 and Year 11 Science. During the Term, sciPAD Science Workbooks PTY grants to the Customer a non-exclusive, non-transferable, and revocable licence (Licence) to access and use the Services for the purposes of preparing and delivering training and education activities. All rights not expressly granted to you are reserved by us.
Security and Access
The Customer, be it school or individual, must not disclose any user name or password details to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it.
The Customer must supply sciPAD Science Workbooks PTY with accurate and up-to-date information when taking out a sciPAD Online Subscription, and this information must be updated by the Customer as required to ensure it remains accurate and relevant.
We make every effort to ensure the Service is available 24 hours a day, 7 days a week. sciPAD Science Workbooks PTY will use reasonable endeavours to minimise the need for maintenance work (Scheduled Maintenance) that may cause disruption to sciPAD Science Workbooks PTY's ability to provide the Services to the Customer.
sciPAD Science Workbooks PTY reserves the right to undertake emergency maintenance without prior notification. Where reasonably possible, we will notify the Customer through the news service within the platform.
We reserve the right to monitor access and use of the Service to ensure compliance with the Agreement and usage restrictions.
Limited Use
Unless otherwise agreed in writing, the Customer is granted access to the Services only for educational or internal school use.
The Customer must not, and must ensure that Users do not, use the Content for commercial purposes without express written permission.
Development of the Platform
sciPAD Online Platform is under continuous development. We may consult you if we believe changes could materially impact your use. We reserve the right to delete, modify or improve existing content, curriculum, product features or tools at any time without notice.
User Code of Conduct and Access Rights
Any user acting in breach of these General Conditions or attempting to compromise the integrity or security of the sciPAD Platform may have their access revoked.
Users must maintain the confidentiality of their login credentials. If unauthorised use is suspected, notify us immediately.
Users must not distribute content to anyone outside the platform unless expressly permitted.
Users must take reasonable precautions to protect their systems against viruses and other harmful interference. We are not responsible for any resulting damage or data loss.
Termination
Either party may terminate this Agreement immediately with written notice if:
- The other party breaches a material term and fails to remedy within 7 days; or
- The breach is not capable of remedy.
We may also terminate access if payment is not received within 14 days of written demand.
Termination does not affect accrued rights or obligations.
Devices
A subscription permits the user to access the resource in its native format across both static and mobile devices only.
School Licences
For School Customers who purchase workbooks with platform access on behalf of students and teachers, access is governed by these General Conditions and specific Purchase Terms.
This Agreement begins on the Commencement Date and continues for the Initial Subscription year unless terminated earlier.
Australian subscriptions are typically aligned with the calendar year and run from 1 January through to 31 December. We reserve the right to extend access as needed.
Users are responsible for their own internet usage and ensuring sufficient hardware to access the Services.
Service Content
To the best of our knowledge, software, data, and other materials provided to the Customer do not infringe third-party Intellectual Property Rights, nor do they violate Australian law or include defamatory or obscene content.
All trademarks (™/®) referenced belong to us unless otherwise indicated. Our trademarks must not be used in ways that imply ownership, suggest unauthorised association, or disparage us.
Data Preservation
Unless required by law, we will not delete Customer Data during restricted access or service suspension.
Force Majeure
Neither party shall be liable for delays or failures caused by Force Majeure events. The affected party must notify the other party of the circumstances and consequences as soon as possible.
Disclaimer and Limitation of Liability
We make no warranties as to the accuracy, adequacy or completeness of the content, except where non-excludable by law.
To the extent permitted by the Australian Consumer Law, we exclude liability for any direct or indirect loss arising from the use of the Services.
Our maximum liability is limited to the total amount paid by the Customer in the 12 months preceding the cause of action.
Indemnity
The Customer indemnifies sciPAD Science Workbooks PTY against any claims, losses, or damages (including legal costs) arising from:
- Breach of this Agreement by the Customer or User;
- Breach of law in connection with the Services;
- Third-party claims relating to Customer use, data, or content;
- Failure to obtain necessary consents.
Copyright
Copyright in all site content (text, graphics, software, video, etc.) is owned or licensed by us. Use is subject to the Copyright Act 1968 (Cth).
Entire Agreement
This document constitutes the entire agreement between the parties, superseding all prior agreements or understandings.
Assignment
The Customer may not assign any rights under this Agreement without our written consent. We may assign our rights without notice.
Waiver
A waiver is only valid if in writing and signed. A waiver for one breach does not prevent enforcement of future breaches.
Further Assurances
Each party must do what is necessary to give effect to this Agreement.
Severability
If any part of this Agreement is held invalid or unenforceable, the remainder remains effective.
Governing Law
This Agreement is governed by the laws of Australia. Both parties submit to the non-exclusive jurisdiction of the Australian courts.