THE CUNNING FAMILY TRUST AND THE PEACHEY FAMILY TRUST TRADING AS THE LEARNING RESOURCES GROUP PTY LTD ABN 90 785 129 255 ("TLRG")

The information, software, products, and services included in or available through the The Learning Resources Group website, applications, documents, learning management systems, e-learning software or any other products or systems (together and separately “TLRG Platforms”) may include inaccuracies, operational or typographical errors. Changes are periodically added to the information herein. The Learning Resources Group and/or its associated companies/businesses may make improvements and/or changes in the TLRG Platforms at any time. Advice received via the TLRG Platforms is of a general nature and should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. 

The Learning Resources Group and/or its associated companies/businesses make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, materials, software, products, services and related graphics, videos or audio contained or accessible on the TLRG Platforms for any purpose. To the maximum extent permitted by applicable law, all such information, materials, software, products, services and related graphics, videos or audio are provided "as is" without guarantee, warranty or condition of any kind. The Learning Resources Group and/or its associated companies/businesses hereby, to the maximum of extent permitted by applicable law, disclaim all guarantees, warranties and conditions with regard to this information, materials, software, products, services and related graphics, videos or audio, including all implied warranties or conditions of acceptable quality, fitness for a particular purpose, title and non-infringement and to the extend guarantees, warranties and conditions are implied and cannot be excluded, The Learning Resources Group limits its liability at The Learning Resources Group option to the: replacement of the goods or the supply of equivalent goods; repair of the goods or payment of the cost of having the goods repaired; payment of the cost of replacing the goods or of acquiring equivalent goods; or resupplying the services or the costs of resupplying the services. 

To the maximum extent permitted by applicable law, in no event shall The Learning Resources Group and/or its associated companies/businesses be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages or any damages whatsoever including, without limitation, damages for injury or death, loss of use, data, profits, revenue, production, opportunity, goodwill or any similar loss whether or not in your reasonable contemplation, arising out of or in any way connected with the use or performance of the TLRG Platforms, with the delay or inability to use the TLRG Platforms or related services, the provision of or failure to provide services, or for any information, materials, software, products, services and related graphics, videos or audio obtained through the TLRG Platforms or otherwise arising out of the use of the TLRG Platforms whether based on contract, tort, negligence, strict liability or otherwise, even if The Learning Resources Group or any of its associated companies/businesses has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the TLRG Platforms or related services or with any of these terms of use, your sole and exclusive remedy is to discontinue using the TLRG Platforms or related services. 

The Learning Resources Group retains all intellectual property rights in the TLRG Platforms and all information, materials, software, products, services and related graphics, videos or audio contained or accessible on the TLRG Platforms and your rights are limited to a licence as set out below. The Customer (or its users) retains ownership of all data entered into the TLRG Platforms by the Customer (or its users).

Your use of The Learning Resources Group information, software, products & services including the TLRG Platforms is governed by the laws of the state of Victoria and you hereby agree to the exclusive jurisdiction of the courts of or in Victoria and courts of appeal therefrom. 

All sales promotions, discounts, coupons, vouchers, specials or similar resulting in a discount will not be applied where the selected payment method is direct debit. No discounts will be applied to orders utilising the direct debit payment method regardless of promotions.
 

Fee Changes

TLRG, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

TLRG will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

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Refunds

Except when required by law or by these Terms of Service, paid Subscription fees are non-refundable.

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User Data

The Software together with the Service may collect certain data and information about your use and, if you are an entity, your individual users’ use of the Service (“User Data”). Any personally identifiable information contained in User Data provided to TLRG will be treated as set forth in the TLRG Privacy Policy. With the exception of any personally identifiable information you or your individual users submit, any information you transmit to TLRG via the Services related to the functionality of the Services and Software, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of TLRG, other than data and information owned by the Customer.

TLRG also owns all data generated by the Services and Software, and any statistical information related to the usage, traffic patterns and behaviour of the users of the Services (“Statistical Data”) (so long as such Statistical Data will not include personally identifying User Data). Additionally upon request, we will use reasonable efforts to allow users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests.

Also, upon a user's request, we will use commercially reasonable efforts to functionally delete the user and his or her personal information from its database; however, it may be impossible to delete a user's entry without some residual information because of backups and records of deletions. Access to the database containing personal information is restricted to TLRG staff members/authorised contractors with direct responsibility for customer service or management of the website. Authorised staff members/contractors are not allowed to pass on information about members to non-authorised staff/contractors without the express permission of the Managing Director. TLRG will respond to requests to delete any personally identifiable information contained in User Data provided to TLRG in accordance with its privacy policy.

Security

All data collected by the LLN Quiz system is stored in a secure, isolated database hosted on the Google Cloud platform. Servers are located in Sydney, Australia.  TLS/SSL certificates are used to encrypt secure communications between each LLN Quiz deployment and the cloud servers.

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Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of support@tlrg.com.au and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

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Copyright Infringement Notice

In order to lodge a complaint with us, please contact using the details above with the following information:

• Your name and address;

• Details of the alleged breach of copyright; and

• URL link to the alleged breach of copyright (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

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Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of TLRG and its licensors. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

Prohibited Use

You will not:

1. use the Services or Software for any unlawful, unauthorized, fraudulent or malicious purpose;

2. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or Software (except to the limited extent applicable laws specifically prohibit such restriction);

3. bypass any measures TLRG may use to prevent or restrict access to the Services or Software or otherwise interfere with any other party’s use and enjoyment of the Services;

4. use your account or the Services or Software to infringe any intellectual property or other right of any other third party; or

5. use the Websites in breach of the Website Terms of Use.

TLRG may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Subject to our Privacy Policy, TLRG reserves the right at all times to disclose any information as TLRG deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TLRG’s sole discretion.

 

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TLRG.

TLRG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TLRG 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 web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

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Termination

We may terminate or suspend your account immediately, without prior notice or liability, if you or your users misuse the TLRG Platforms, or breach the Terms or in the circumstances of a Force Majeure Event (as defined below).

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

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Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using the Service.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

We have sole responsibility for adequate security protection and backup of data and/or equipment used in providing the Service, except that we are not responsible for any loss of data and/or equipment that is caused by the Customer’s or any user’s system, hardware or interfacing software.  

You have sole responsibility for any software that interfaces with the TLRG Platforms and for all Customer data and User Data that is exported from the TLRG Platforms. You agree that you will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service to the extent caused or contributed by the Customer’s or any user’s system, hardware or interfacing software.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.