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Learning Teams Inc

Agreement for the provision of service

Terms of Managed Service (TMS)

The TMS is a legal agreement between you (either an individual or a single entity) and Learning Teams Inc (PROVIDER) with regard to the copyrighted software application (APP) provided with this agreement. The APP includes computer software, the associated media, any printed materials, and any "online" or electronic documentation. Use of any software and related documentation provided to you by PROVIDER in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the TMS, do not download, install, copy or use the APP. By installing, copying or otherwise using the APP, you agree to be bound by the terms of this TMS. This APP is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This APP is licensed, not sold.

Subscription Plans, Cancellations and Refunds

Our charges for subscription plans are posted on our website and may be changed from time-to-time. Each payment extends your subscription by the stated amount from the end of your current subscription. Unless you have "Cancelled" your subscription, your subscription will be automatically extended on the date it is due to expire. You may cancel your payment plan at any time by contacting the PROVIDER. Your Subscription will remain active until its expiry is due. We are required to provide a refund only if we terminate our TMS to you without cause before the end of a term for which you have paid, or if we are unable to provide the service despite the best efforts of the PROVIDER. Refunds may also be offered in accordance with the Consumer Guarantees Act.

Licence and Copyright

The PROVIDER grants to you a personal, non-transferable and non-exclusive right to use the copy of the APP provided with this TMS.  You agree that you may not copy the written materials accompanying the APP.  Modifying, translating, renting, copying, transferring or assigning all or part of the APP, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the APP is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the APP or the TMS.

You acknowledge that no title to the intellectual property in the APP is transferred to you. You further acknowledge that title and full ownership rights to the APP will remain the exclusive property of the PROVIDER and/or its suppliers, and you will not acquire any rights to the APP, except as expressly set forth above. All title and copyrights in and to the APP and TMS (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the APP), the accompanying materials are owned by the PROVIDER. You may not copy the printed materials accompanying the APP or TMS.

Reverse Engineering

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the APP in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to the PROVIDER.

Warranty Disclaimer and Limitation of Liability

The APP and TMS is without warranty of any kind. The PROVIDER and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the APP and TMS is with you. The PROVIDER does not warrant that the functions contained in the APP will meet your requirements or that the operation of the APP will be uninterrupted or error-free. The PROVIDERs entire liability and your exclusive remedy under this TMS shall not exceed the price paid for the TMS, if any. In no event shall the PROVIDER be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if the PROVIDER has been advised of the possibility of such damages, or any claim by a third party.

Consequential Damages and Indemnification

In no event shall the PROVIDER be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this APP and TMS. If you may use of the APP or TMS in violation of this agreement, you agree to indemnify, hold harmless and defend the PROVIDER from and against any claims or lawsuits, including legal fees that arise or result from the use or distribution of the APP OR TMS in violation of this Agreement.

Confidentiality of Information, Use of Data, Privacy and Security

The PROVIDER will not disclose to any person or other organisation, or use in any unauthorised manner any information which is confidential to you. The PROVIDER may use or disclose confidential information only to the extent that such disclosure is necessary for the performance of duties and functions under the TMS. Confidentiality does not apply to information, which is legally required to be disclosed, or which becomes generally available to and known by the public other than due to a breach of this clause.

The PROVIDER may store information and data which is provided to us during the provision of the TMS. The PROVIDER will not be liable for any loss or corruption of that information or data. You may request, on reasonable notice, that we provide you with a copy of any information, data or records we hold in relation to the TMS.  You agree that the PROVIDER may charge a reasonable fee for any copy provided.

The PROVIDER has security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

Any data collected by the APP will only retained for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. In some circumstances we may anonymise the data (so that it can no longer identify a person) for research or statistical purposes.

The data collected by the APP is stored on servers in Data Centres in Sydney and Melbourne, Australia by our technology provider ZOHO. Data which can identify individuals has been tagged for Privacy as in accordance with the European Union's, General Data Protection Regulations (GDPR).