Terms of Use

LAST UPDATED 18 NOVEMBER 2017

Welcome to Cleverbean, which is run by Cleverbean Pty Ltd (ACN 612 707 892) (Cleverbean, we, us or our).  By using the Cleverbean services or application (Services), you confirm you accept these Terms of Use and agree to be bound by them.

We may, on notice to you, change these Terms of Use.  Your continued use of the Services following any changes indicate your acceptance of the changes.

1.    SERVICES

1.1    We will provide you with access to an online platform that:
(a)    gives teachers access to various strategies to assist students progress through development stages of reading;
(b)    allows teachers to monitor the progress of a student and upload notes and photos of that student;
(c)    allows teachers to share information with other teachers within the same school group;
(d)    gives parents/guardians limited access to various tips and content to assist their children practice and develop their reading skills; and
(e)    view information connected teachers share in regards to their child.  
1.2    You must use the Services only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use of the Services.  
1.3    You understand and agree that the Services are provided “as is” and “as available”.  You agree your use of the Services is at your own risk.  We do not represent or warrant that the operation of the Services will be secure, confidential, uninterrupted, error-free, accurate, complete or current.1.4    To help you select a reading level, we've referenced three common benchmarking tools, PM Benchmark, Fountas and Pinnell and Reading Scales.  We don’t have any affiliation, association or endorsement relationship with them.

2.    TEACHERS

2.1     If you are a teacher, you must:
(a)    obtain a parent’s/guardian’s consent prior to using the Services for that parent’s/guardian’s child;
(b)    comply with any applicable school policies and;
(c)    only share information with other teachers within the same school group.
2.2    If you are a teacher, you warrant that you are employed as a teacher at the school you nominate as your employer when you set up your account.

3.    YOUR ACCOUNT

3.1    In order to access certain features of the Services, you must set up an account.
3.2    You agree and acknowledge that all information you provide us will be true, accurate, current and complete and you must not create an account for anyone other than yourself.
3.3    You are solely responsible for maintaining the confidentiality and security of your account and all activities on or through your account.  
3.4    You must notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising in connection with any unauthorised use of your account.  
3.5    You may cancel your account for any reason by notifying us.
3.6    We may disable, suspend or cancel your account if you fail to comply with your obligations under these Terms of Use.

4.    CONTENT

4.1    You are responsible for all your content that you submit, post or display on your account, including data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials (User Content).
4.2    You must not submit, post or display any User Content that:
(a)    you do not have permission, right or license to use;
(b)    is objectionable, offensive, unlawful, deceptive or harmful; or
(c)    is illegal, fraudulent, or manipulative.
4.3    We may remove User Content which is inappropriate or is in breach of these Terms of Use without notice.

5.    FEES AND PAYMENT

5.1    If you are required to pay a fee for the Services, you must pay the fee in advance. This payment will be charged to iTunes Account at confirmation of purchase.
5.2    Your Account will be charged for renewal within 24-hours prior to the end of the current period.
5.3    Subscriptions may be managed by you (the user) and auto-renewal may be turned off by going to Account Settings after purchase.
5.4   Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
5.5   You agree you are not entitled to any refund of any fees you have paid in advance.  
5.6   Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under these Terms of Use are exclusive of GST.  If GST applies to a supply by any party under these Terms of Use, the consideration will be increased by an amount equal to the GST liability incurred by the party making the supply.

6.    CONFIDENTIALITY

Both parties must keep all confidential information confidential and use such information for the sole purpose of performing the obligations under these Terms of Use.

7.    INTELLECTUAL PROPERTY

7.1    We own, or are the licensee of, the intellectual property rights in the content of the Services, including text, photos, graphic designs and images.
7.2    You retain all the rights in and to the content that is submitted or posted by you on or through the Services.  
7.3    By setting up an account, you:
(a)    give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use and reproduce the content posted by you on or through the Services for the purpose of supplying the Services; and
(b)    consent to us disclosing content posted by you on or through the Services (including personal information) with our suppliers.

8.    FEEDBACK

8.1    We welcome and encourage you to notify us of your feedback, comments and suggestions for improvements to the Services.  
8.2    You acknowledge and agree that all feedback you give us will be our sole and exclusive property and you agree to assign to us all of your right, title, and interest in and to all feedback (including intellectual property rights) in the feedback, and waive any moral rights you may have in such feedback.

9.    DATA

You acknowledge and agree:
(a)    we may collect aggregated information about your activities, including web requests Internet Protocol (IP) addresses, browser types, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages and pages viewed; and
(b)    we may collect details of how you use the Services, including search queries, the types of content you view or engage with or the frequency and duration of your activities.

10.    LIABILITY

10.1    We are not liable for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
(a)    any content that is incorrect, inaccurate or incomplete.  If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content;
(b)    any negligence by us, our employees or contractors in connection with your use of this Services; or
(a)    third party sites or resources.  The Services may contain links to third party sites and resources and we have no control over those sites.
10.2    Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the services (or equivalent services) again or the payment of the cost of having the services supplied again.
10.3    To the extent permitted by law:
(a)    we exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Services or in connection with any act or omission by us (negligent or otherwise); and
(b)    our aggregate liability in connection with these Terms of Use, whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed $20.
10.4    You agree to indemnify us against all claims, damages, costs, expenses (including legal fees), losses (including loss of income and business opportunities) or liabilities that are suffered or incurred by us arising from, or in connection with:
(a)    your breach of these Terms of Use;
(b)    your negligent, wrongful or unlawful act or omission;
(c)    any personal injury or death, or loss of, or damage to, property caused by your act or omission; or
(d)    any infringement of a third party’s rights.

11.    GENERAL TERMS

11.1    Notices required to be given under these Terms of Use may be sent by email at alina@cleverbean.co, by post or in the case of notices we give you, by making the information available through the Services.
11.2    Any warranty, indemnity, or obligation of confidentiality in these Terms of Use will survive termination.  Any other term which by its nature is intended to survive termination of these Terms of Use survives termination of these Terms of Use.
11.3    These Terms of Use set out the entire agreement between you and us relating to the supply of the goods and/or services described on the Site and supersedes all prior discussions and communications.
11.4    There is no relationship of employment, partnership, agency or fiduciaries between you and us.
11.5    If any term or provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
11.6    This agreement is governed by and construed under the laws of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.