STANDARD TERMS OF SERVICE

1 Who we are and what we do – these are our Terms

1.1 Welcome! LearnCube is a virtual classroom software provided by eSplice Ltd trading as LearnCube ("we", “us”) at https://www.learncube.com/ to help schools and teachers teach more students online and grow their business.

We offer our software and services ("the Product") through our website, web and mobile applications. Our users (“you”, “user”) are business owners, teachers, administrators, staff members, students and visitors to our website.

If you are under 18, you may use the Product only with permission of a parent or guardian. Parents are also considered users if they utilise the Product on behalf of their child(ren).

1.2 By using or accessing the Product you agree to be bound by these terms and conditions ("Terms“). These Terms are important and legally binding so please read them carefully. If you don’t agree to them, you should not use our website or the Product.

1.3 We reserve the right to update and change the Terms from time to time without notice, and add new features to LearnCube that will be subject to these Terms. If you continue to use LearnCube after any changes, you will be taken to have agreed to them. You can always find the current version of the Terms on our website – https://www.learncube.com/terms-of-service.html

1.4 We may cancel or suspend your account at any time if we consider (in our absolute discretion) that you have breached these Terms.

1.5 Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. We do not knowingly collect, either online or offline, personal information from users under the age of thirteen. You should read our Privacy Policy carefully: https://www.learncube.com/privacy-policy.html

2 These are your responsibilities

2.1 You are responsible for all activity that results from your use of LearnCube. You agree to use LearnCube and interact with other users of LearnCube in good faith.

2.2 You will need to provide certain information in order to complete the signup process to obtain an account. You agree to provide true, accurate and current information about yourself as prompted by LearnCube and to notify us of any changes.

2.3 By creating an account, you agree that you cannot transfer, sell, lease or trade your account without our prior written consent for us.

2.4 You are responsible for any content, messages, multi-media or communications ("Content“) you create through your LearnCube account. We reserve the right to remove any Content which we consider (in our absolute discretion) breaches these Terms. However we are under no obligation to do so.

2.5 We will take reasonable precautions to keep your account secure and protect it from unauthorised access. You agree to keep your account details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.

2.6 Certain content, products and services available via the Product may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

2.7 You agree to fully indemnify us, and keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur, be subject to or suffer as a result of your use of LearnCube.

3 Prohibited uses

3.1 You may not use, or assist anyone to use LearnCube:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

4 Users and user fees

4.1 We reserve the right to refuse the Product to anyone for any reason at any time.

4.2 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

4.3 We may charge you a setup fee so you can better personalise your end users experience on LearnCube.

4.4 We may charge you a monthly subscription fee for the use of this service as set out in the Pricing section of our website – https://www.learncube.com/pricing.html

4.5 You are responsible for paying all fees and applicable taxes associated with the LearnCube in a timely manner with a valid payment method that is accepted by us.

4.6 Fees are charged in advance on a monthly basis and are non-refundable. A valid credit card number is required to set up and maintain an account. Your LearnCube subscription will automatically renew each month although the amount may fluctuate depending on the number of active users you have associated with your account. Note a user is considered active if that user signs in on the Product or uses the platform in that billing month. We will charge the credit card you have provided on each renewal date.

4.7 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4.8 If you are carrying out a free trial of LearnCube, the free trial will begin on the day your account is opened and may be terminated 14 days later. At the end of the free trial period, you will need to provide a valid credit card number in order to continue to use LearnCube.

4.9 We use a third party payment services provider, PayPal and Stripe, to process payments. Your credit card information will be held securely and used in accordance with the current their relevant privacy policies.

4.10 If your payment method fails or your account is overdue, then we may file with collection agencies and legal counsel. We may also suspend your account or suspend your access to the Product until you have paid the full amount.

4.11 If we change our prices, we will give you 30 days notice via email to the email address you provided to us when registering your account or by posting the new prices on our website.

4.12 Unless otherwise stated, all fees are quoted in U.S. Dollars

5 Account downgrades and upgrades

5.1 You may downgrade your account type at any time by contacting LearnCube directly. The downgrade will become effective immediately. No refunds will be paid for any unused portion of any higher account offering.

5.2 Downgrading your account type may cause the interruption if you choose a plan that is not appropriate for the number of users or classes you provide. If you choose to downgrade your account, we do not accept any liability for the resulting loss of data, Content, features or capacity.

6 Cancelling your account

6.1 You may cancel your subscription at any time by sending an email [email protected].

6.2 Any cancellation requests will be processed within 14 days of receipt. A cancellation request does not trigger reimbursement of, if appropriate, any time remaining on your subscription.

6.3 If we do not receive your monthly subscription fee on time we will notify you and may initially freeze your account. If we do not receive payment within 60 days, we will cancel your account.

6.4 LearnCube may, in its sole discretion, delete any Content held for a LearnCube account once that account is cancelled for whatever reason. In case you choose to reactivate your account, our policy is to store your Content for a period of no more than 365 days before it is permanently deleted. We will not be able to recover this Content once it has been permanently deleted.

In no case shall LearnCube, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the service or any Content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

7. You indemnify us

7.1 You warrant and represent that you are acquiring the right to access and use LearnCube and are agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of LearnCube and/or these Terms.

7.2 You agree to fully indemnify us, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees. You agree to keep us indemnified, against all damage, losses, liabilities, fees, compensation, expenditure, costs and expenses arising out of or in connection with any breach of these Terms, your use of LearnCube and for any claims made by your users however caused by any act, omission, negligence or advice provided by you or any of your associates, employees, subcontractors, affiliates or representatives.

8. LearnCube might not always be perfect

8.1 LearnCube is provided on an "as is" and “as available” basis, and you use it at your sole risk.

8.2 To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that (a) LearnCube will meet your specific requirements, expectations or be fit for your particular purpose; (b) LearnCube will be uninterrupted, timely, secure, or error-free; or (c) any errors in LearnCube will be corrected.

8.3 We will try to promptly address (during normal business hours) all technical issues that arise in connection with LearnCube, however there may be times when LearnCube is inaccessible.

8.4 From time to time, we may make changes to LearnCube which may add, modify, and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.

8.5 You acknowledge that the Internet is inherently insecure. You accept the risk that any information transmitted over the Internet or through email may be intercepted, subject to unauthorised access or fraudulent.

8.6 You agree that we will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of data, profits and anticipated savings) resulting from the use of, or the inability to use, LearnCube. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to the average fees paid by you to us for two months for any single event or related series of events.

9 We own any intellectual property in LearnCube

9.1 You agree that we own all of the intellectual property rights existing in LearnCube including any improvements, enhancements, modifications or adaptations. You agree not to, and will not permit or encourage any third party to, copy, reproduce, modify, adapt, reverse-engineer or decompile LearnCube in whole or in part.

9.2 You may not publish or use LearnCube‘s brand, branding or logos except with our prior written consent.

9.3 We do not claim ownership of any intellectual property rights in relation to the information or Content you upload to LearnCube, however you agree grant us a royalty-free licence to use it for the purpose of operating LearnCube and otherwise as set out in our Privacy Policy. You confirm that Content you upload to LearnCube does not contain any information which breaches any obligations of confidentiality or proprietary rights of a third party.

10 This is a legal agreement, so some general provisions apply

10.1 These Terms shall be governed by New South Wales law (Australia), and all users submit to the exclusive jurisdiction of the New South Wales courts for any matter or dispute arising in relation to these Terms.

10.2 These Terms represent the entire agreement between you and us in relation to the use of LearnCube unless we have mutually agreed and signed a separate fixed term agreement.

10.3 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full effect.

10.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.

10.5 All communication between us and you must be made by email. All email communication is deemed to have been received at the time it is sent (unless the sender receives notice that the email failed to send).

11 Contact us

11.1 If you have any questions about these Terms, the practices of LearnCube or if you would like to give us feedback or notice, you can contact us by email at [email protected].

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