Terms and conditions of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ANY OTHER RAISE LEARNING APPLICATIONS

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.

Welcome to Raise Learning's website and/or online applications. If you continue to browse and use Raise Learning's website and/or online applications. you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.raiselearning.com.au’s relationship with you in relation to your use of this website.

By using this Raise Learning's website and/or online applications, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Raise Learning Pty Ltd and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Raise Learning Pty Ltd reserves the right, at its sole discretion, to change, modify, add or remove portions of ...
– the terms of use,
– the site, including any content, product, service or feature of the site, and
– change any fees or charges.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

Changes shall be effective immediately and you acknowledge that electronic notification (by posting on this site or by email) is adequate and benefits through decreased cost and increased flexibility and speed. Your use of the site after such notice shall constitute acceptance of such changes.

If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.raiselearning.com.au’s rights and obligations to each other.

These terms and conditions of use ("terms") apply to the Raise Learning Pty Ltd websites, located at www.raiselearning.com.au, www.eylftools.com.au and www.liftonline.com.au, and all subsidiary pages and to our online mobile applications. The site is the property of Raise Learning Pty Ltd Pty Ltd (ABN 13 144 682 477).

This agreement is made by and between Raise Learning Pty Ltd Pty Ltd, and you.

Proprietary rights

Ownership

This site is owned and operated by Raise Learning Pty Ltd Pty Ltd. The software, all pages, images, text, multimedia and other content within the site are the sole property of Raise Learning Pty Ltd Pty Ltd, unless otherwise clearly specified or covered by the following exceptions.

Brand names and trademarks other than Raise Learning Pty Ltd are the property of their respective owners.

Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners.

Images used for decoration of this site have been purchased as royalty free stock images under license.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.raiselearning.com.au. www.raiselearning.com.au expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term thenwww.raiselearning.com.au will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use.www.raiselearning.com.au reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

Copyright Notice

This website and its contents are the copyright of www.raiselearning.com.au – © 2013. All rights reserved, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk extracts for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provided within this website.

Moral rights

All intellectual property for this site and the Raise Learning Pty Ltd product, except where expressly stated, rests with Raise Learning Pty Ltd Pty Ltd. All individual rights have been transferred to Raise Learning Pty Ltd Pty Ltd or provided under license, where rights are not transferable, such as moral rights, the owners have agreed to their attribution being left out of all Raise Learning Pty Ltd documentation.

Software

Use of the software from this site (the Raise Learning Pty Ltd) is subject to the Raise Learning's of Service which is provided with purchase of our software. The agreement can also be obtained by contacting Raise Learning Pty Ltd for a copy of the current agreement

Software piracy

Raise Learning Pty Ltd will actively and aggressively enforce its intellectual property rights to the fullest extent of the law. Raise Learning Pty Ltd is a proprietary product, and the illegal copying of software programs is a crime. Please report any piracy of the Raise Learning Pty Ltd by contacting us or by contacting the Business Software Alliance (BSA).

Use of this site

Accounts, passwords and security

Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Raise Learning Pty Ltd immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Raise Learning Pty Ltd or any other user of the website due to someone else using your account and password.

You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. Raise Learning Pty Ltd will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Raise Learning Pty Ltd’s privacy statement applies to the use of this site.

Special provision additional provision with regard to early childhood services using LIFT:

In order to use LIFT, early childhood services must comply with the privacy act. This includes but is not limited to making sure they have a privacy policy that complies with the 11 Information Privacy Principles in the Privacy Act 1988:

1. Clearly informs families that online services like LIFT will be used for the collection and storage of key information about their child and their child's development;

2. informs parents of how you will collect and collate this information;

3. informs parents how you will ensure that only persons with explicit permission (eg. staff) will have access to their child's information

4. informs parents of how images will be shared, clearly giving parents the choice whether their child's images can be shared with other families at the service - important where the photographs are used in the shared 'programs area' of LIFT.

2. Informs parents of their rights to access, amend and/or remove information from LIFT.

Links to other sites

This site contains links to independent third-party websites. The sites are provided for convenience and are not under the control or ownership of Raise Learning Pty Ltd. Raise Learning Pty Ltd does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites.

Idea submission, feedback and comments

Raise Learning Pty Ltd, its related entities, staff and agents, do not solicit ideas for products, marketing, enhancements or any other creative suggestions or individual works. Please do not send unsolicited ideas to Raise Learning Pty Ltd or anyone connected with Raise Learning Pty Ltd. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your ideas will automatically become the property of Raise Learning Pty Ltd, without compensation or attribution to you, and Raise Learning Pty Ltd can use the ideas for any purpose. Raise Learning Pty Ltd has a strict policy on 'clean-room' development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights.

All support and feedback mechanisms are provided to existing and prospective clients to improve the quality of our product and effectiveness of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of Raise Learning Pty Ltd without compensation or attribution.

General code of conduct

While using this site or site related services, you agree not to ...
– restrict or inhibit any other user from using and enjoying the site,
– upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
– breach copyright or impinge other intellectual property rights,
– upload or transmit any form of unauthorized solicitation (including spam),
– upload or transmit any malicious content or disruptive component (including viruses and worms),
– probe, scan or test the vulnerability of the site or any network connected to the site,
– interfere with or disrupt site infrastructure (including denial of service attacks),
– upload or transmit content that you do not have a legal right to transmit,
– forge headers or manipulate identifiers in order to disguise the origin of a transmission,
– intentionally violate any applicable law,
– attempt to sell or illegally profit from this site, including disassembling or accessing underlying code,
– share, copy or misuse information with any unauthorised person,
– collect or store personal data about another user of this site, and
– impersonate another user of this site or gain access by impersonating another person or entity.

Raise Learning Pty Ltd may monitor the site and manage the site in any fashion that enables these terms to be enforced.

Within our software, users can report any offensive material directly to Raise Learning Pty Ltd. Raise Learning reserves the right to remove such offensive material within 24 hours of being reported. Users who have submitted content which is unlawful, fraudulent, harmful or obscene will be ejected from our services.

Disclaimer

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

Raise Learning Pty Ltd does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.

Raise Learning Pty Ltd disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against Raise Learning Pty Ltd for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties.

The information contained in this website is for general information purposes only and is provided by www.raiselearning.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control ofwww.raiselearning.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However,www.raiselearning.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Payment policy

All invoices are billed with strict 14 day payment terms.

Raise Learning reserves the right to change the pricing of any of its products at any time. Notification of this pricing change shall be at http://www.raiselearning.com.au/pages/pricingplans. For new customers, price increases are applicable immediately. For existing customers price increase are only applicable at the end of their invoiced term.

A late fee of 10% will be incurred for failure to remit payment for services on or before the required 14 days after an invoice has been issued. Failure to remit payment for 30 days, shall result in a termination of public access to Customer services. Failure to remit payment for services within 60 days of non-payment shall result in termination of access to the service network and all services shall be reclaimed.

Raise Learning Pty Ltd accepts the following payment methods:

- direct bank deposit (banking details for deposit of your payment are provided on your invoice and/or can be requested by telephone and email);

- cheque (Raise Learning retains the rights to bill customers for cancelled/overdrawn cheque bank charges and fees); or

- credit card using done via 3rd party International Creditcard merchant.

Refund policy

Customers of Raise Learning may request a refund up 14 days after invoicing.

Raise Learning Pty Ltd enters into a Terms of Service agreement with customers that provides for ongoing service delivery and warranty provisions. Under the Terms of Service, where Raise Learning Pty Ltd is unable to rectify services provided, customers are entitled to a full refund of the unused part of their Raise Learning Pty Ltd subscription.

Cancellation policy

If for any reasons you to wish to cancel any services Raise Learning Pty Ltd requires a thirty (30) day formal cancellation notice PRIOR to the renewal billing date for discontinuance or downgrades of services.

Please note that cancellation of a service can only be performed by an approved administrator of an account. The cancellation must be in writing on the letterhead of that customer/organisation or from the email registered to that administrator.

Customers must follow Raise Learning Pty Ltd's cancellation requirements above to provide an effective notice of cancellation.

Limitation of liability

Except where prohibited by law, in no event will Raise Learning Pty Ltd be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Raise Learning Pty Ltd has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold Raise Learning Pty Ltd, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Raise Learning Pty Ltd by any third-party due to or arising out of or in connection with your use of the site and or services.

Violation of these Terms of Use

Raise Learning Pty Ltd may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of Raise Learning Pty Ltd and related parties.

Violation of these terms of use may lead to terminating your access to the site and Raise Learning Pty Ltd may seek remedies that are available at law or in equity.

Transfer and choice of law

Waiver

No provision of this agreement can be waived except in writing and authorized by the Board of Raise Learning Pty Ltd Pty Ltd. No waiver shall be deemed a waiver of any preceding or subsequent breech.

Delegation and assignment

You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without Raise Learning Pty Ltd prior written consent.

Applicable Law

This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue.

Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law.

Contact details

If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact us as follows ...

The Chief Operating Officer
Raise Learning Pty Ltd Pty Ltd
102 Willsmere Road

Australia

or email ...

info@raiselearning.com.au

This terms of use page was last updated on 18 February 2013