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Terms & conditions

[last updated November 2018]

The ‘Reading Spelling Toolkit’ program (‘Program’) has the materials to assist you and your child to conquer reading and spelling together and is made available through our website www.thereadingspellingtoolkit.com.au.

When you read words ‘us’, ‘our’ or ‘we’, it means The Reading Spelling Toolkit, ABN 55 740 574 524, its subsidiaries, affiliates, officers, employees, agents, partners, licensors, successors and assigns, and the words ‘you’ or ‘your’ means you, the user of our Program.

These terms and conditions, together with our privacy policy and other policies or legal notices displayed on our website (‘terms’), form the basis of your use of the Program and are the legal agreement between us. By using the Program, you agree to be bound by our terms, so please read them carefully before purchasing or using our Program.

We regularly update our terms and new terms take effect from the date they are displayed on our website, so please check for updates.

If you do not agree with our terms, please do not use our Program.

1.0 What is included in the Program?

1.1 The program is made up of stages and new stages may be progressively added to the website. For example, Stage 1 comprises 7 modules with each module combining video content with supporting PDF resources and materials. For full and up to date details of program inclusions for each stage, please refer to our website as this is where we will update the inclusions over time.

1.2 The program also includes access to our online informal mini-assessment of reading and spelling skills, to assist you in assessing your child’s literacy difficulties. Please note that the informal mini assessment tool, while a useful tool, cannot be relied on as a formal assessment of any particular condition, syndrome or learning difficulty. It is simply a guide to point you in the right direction and to help you to help your child to implement some alternative learning solutions. We accept no responsibility for the accuracy or correctness of the informal mini assessment tool. Results are also dependent on your input information and we have no control over the accuracy or suitability of the information you use.

1.3 Access to the modules is via online access to a PC, tablet or phone.

2.0 Your Responsibilities

2.1 You are responsible for conducting your own due diligence to ensure the program offered is suitable for your circumstances prior to purchasing the Program.

2.2 Once you have purchased the Program, you are responsible for your participation. We will not provide a refund if you choose not to complete all (or any) parts of the program.

2.3 You are responsible for your child’s on-going care and wellbeing. We make no warranty our Program will be suitable for all families.

2.4 If we provide a closed Facebook group or similar platform, we take no responsibility for the information or comments posted by users of the platform. Their opinions are not ours and we do not endorse their comments. Any testimonials we, or others, post either on our website or on our social platforms, are examples only and we do not warrant you will achieve the same or similar results.

3.0 Our Responsibilities

3.1 We will make the Program content available to you via password protected, online access. You will be able to download the PDF resources and materials however the Video content is only accessible via our website and cannot be downloaded. We will send you a request to join the closed Facebook Group affiliated with the Program. It is your responsibility to then join the Group.

4.0 Your Relationship to Us

4.1 Your relationship with us is a contractual one based on this agreement. We provide a service which you pay to use. The information we provide is general and is not specifically tailored to your child or situation. While we have used the Program with success across a range of learning difficulties, we do not provide personal advice for you or formal diagnosis of your child as part of the Program.

5.0 Payments

5.1 Payments can be made by credit/debit card through our secure payment systems Stripe or Paypal.

5.2 Payment must be made for the full amount of the program.

5.3 You agree to pay any applicable surcharge on payments made by credit card.

5.4 Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly).

5.5 If you have a payment that is overdue by more than 30 days, we may suspend or terminate (at our option) your access to the Program and you will no longer have access to the online resources or Facebook group (if applicable).

5.6 Unless otherwise stated, all amounts shown on our website are in AUD dollars.

5.7 We do not store your financial information on our platform. Our third-party service providers, Stripe or Paypal, may store your details. We are not responsible for your data with Stripe or Paypal. If you have any concerns about your data, you should check their respective privacy policies.

6.0 Refund Policy

6.1 Due to the online nature of our program including access to all of the modules and resources immediately, we do not offer a refund on our program just because you have changed your mind about the suitability of our program.

7.0 Intellectual Property

7.1 We own all copyright in the materials provided as part of the Program including trading names, intellectual property, videos and sound recordings, text, PDF files or any other content or material displayed or provided in the Program or on our website (‘our material’).

7.2 We grant you a limited time, non-exclusive license to use the Program for you and your child’s personal use.

7.3 You do not have ownership rights to any materials we provide for your use.

7.4 You agree not to infringe, or allow others to infringe, upon our intellectual property rights by copying, reproducing, distributing, altering or changing our material in any way without our express written permission.

7.5 You also agree not to share your online access with others or to give away or sell any downloadable content of the Program. Your membership is exclusive to you and is non-transferable.

8.0 Privacy

8.1 You agree to the collection of your personal information as set out in our privacy policy [insert link].

8.2 In addition to our privacy policy, when you use our Program, we may collect and use further personal information. By agreeing to our terms, you are giving your consent for this to happen when you:

a) Participate in our Facebook group; or

b) Contact us personally and provide additional information about your or your child’s journey and consent to our use of this information for our testimonials.

As will all social media activity you take part in, please be careful with the information you share. Please do not share information which personally identifies you or your child eg never post your address or phone number.

8.3 The lawful ground we rely on to process your personal information in this manner is our legitimate business interests to be able to provide the service you have requested and to promote our business.

9.0 Warning and Disclaimers

9.1 You acknowledge the use of our Program does not replace medical or specialist attention. If you suspect or know that your child’s condition or learning difficulty requires medical attention or other specialised care (eg from a speech pathologist, optometrist or hearing specialist), you must seek this medical or specialist help. Our Program may be suitable to use in conjunction with this other help.

9.2 We make no warranty about the suitability of the Program to you or your child’s particular circumstances. The program is of a general nature only and use of the Program is entirely at your risk. Our website and this Program are provided on an “as is, where is” basis.

9.3 We make no warranty that you or your child will have any success in obtaining your desired outcome or goal by using the Program or that the Program will be beneficial to you or your child. Every participant comes to the Program from a different starting point and with their own beliefs and limitations, we cannot predict the likely success you or your child will have using our Program. To a large extent, the success of the program will also depend on the amount of time you invest with your child learning the new skills.

9.4 You understand that we are relying on your warranty, understanding of this disclaimer and acknowledgements.

10.0 Limitation of liability and release

11.0 Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

11.1 You release us from all liability for any loss, damage, injury, claims or expense suffered by you or your child in connection with the Program either directly or indirectly, subject to the extent that loss or damage is caused by or contributed to by our negligence.

11.2 You indemnify and hold us harmless against any claim for losses, financial or otherwise, or unrealising of expectations and for any losses consequential or inconsequential of any kind, that you or your child may incur in relation to the Program.

11.3 Without limiting the application of any law including consumer laws in the jurisdiction where the Program is provided, you expressly agree that this release, limitation of liability and indemnity is intended to be as broad and inclusive as is permitted by law.

12.0 Lifetime Access

12.1 When you purchase a stage of our program, unless stated otherwise, we aim to offer lifetime access to your purchased course. As at the date of these terms and conditions we believe we are able to do this. You acknowledge however that circumstances may change in the future where our online services are discontinued or access to particular content is no longer available. As most parents/children are able to complete a stage within 6 months, if we decide to discontinue our online services or any specific content, we will provide at least 12 months notice that the service or content is coming to an end before disabling access.

13.0 Links to Third Party Sites

13.1 We may provide link to third-party sites. You acknowledge and agree that we are not responsible for third party links and do not endorse or take responsibility for their content.

14.0 General Terms

14.1 No unlawful use – As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You agree not to hack into areas of this website that are not intentionally made available to you.

14.2 Availability- We make no warranty that our website or the Program will always be available. We rely on third-party providers for items such as hosting and there may be periods where our site is inaccessible. We also make no guarantee that our website or the Program content will always be error free. We will not be liable for any periods that the website is not functioning or is malfunctioning. We will also not be responsible for any errors in the program.

14.3 Waiver – Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

14.4 Survival – Any provision in these terms which by its intent or terms is meant to survive the termination of these terms will do so.

14.5 If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

14.6 Relationship – Unless specifically provided by the parties, nothing in these terms creates any employment relationship, partnership or joint venture between the parties, or means that one party becomes the agent of the other party, nor do these terms authorise any party to enter into any commitments for or on behalf of the other party.

14.7 This agreement is governed by the laws of Queensland, Australia and, regardless of your country of residence, you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website.

14.8 If you wish to exercise any of the rights set out above or provide us with written notice, please email us at info@thereadingspellingtoolkit.com.au.

14.9 We may provide notice to you via email or other electronic means.

14.10 Changes – We reserve the right to amend, update or change our terms or other policies at any time. Your contract with us will be made in accordance with the terms in effect at the date of your payment for our Program.

 Feedback, comments or complaints

If you have any questions, please contact info@thereadingspellingtoolkit.com.au or contact us here and we will usually respond to all enquiries within two business days.