Terms of Use

Welcome to wordflyers.com.au (the “Website”). This Website is owned and operated by Blake Education. If you have any questions relating to this Website, you can contact us at wordflyers@3plearning.com or call 1300 850 331 between 8:30am–5:00pm AEST Mon–Fri. So that you may fully enjoy our Website, we would like you to be aware of the following rules that govern your use of the Website.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ONYOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

This User Agreement (the “User Agreement”) is a contract between you and Blake Education and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “WordFlyers”, “we” or “our” refers to WordFlyers as part of Blake Education.

Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Website. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period (as hereafter defined) at the time of amendment.

Privacy Policy

Our general Privacy Policy (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.

Links to Other Websites

Any other websites that link to this Website are not part of this Website and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links.

Registration and Your Account

Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, “Public Materials”). Other products, services, information and materials provided by wordflyers.com.au, require registration in order to be accessed and/or used by you (collectively, “Member Materials”). This User Agreement applies equally to the use and access of Public Materials and Member Materials.

When you register at this Website, you will be asked to make up a login name and password (collectively, your “Account”) and you may be asked to enter an access code or create a paid for online subscription in order to access the Member Materials.

Security of Your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN AND PASSWORD AND YOU SHOULD KEEP YOURLOGIN AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your login and password to identify you when you return to our Website. If you forget your login or password, you will not be able to access the WordFlyers lessons. We recommend you print a copy of your registration details since it records this information.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: immediately notify WordFlyers/Blake Education of any unauthorised use of Your Account or any other breach of security. Blake Education will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. Blake Education disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

Registration Period

Your Account on this Website is valid for as long as you maintain a subscription. You may renew your subscriptions for additional periods of time either by subscribing online or by entering an access code from a book pack or other special offer access.

If you let your Account lapse without renewing it prior to the end of your current subscription Period as discussed above, you may reactivate your Account within the next three months without losing all your details. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.

User Accounts, usernames and passwords are not transferable, even between your own Accounts, and digital items including souvenirs, gifts, games and travel tickets and destinations, have no retail value and are not redeemable for cash.

Suspension or Termination of Account

WordFlyers reserves the right to suspend any Account that has been inactive for six (6) months or more. In addition, WordFlyers and Blake Education may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (i) it determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of WodFlyers or other third parties, or (ii) Blake Education decided to cease its operations and/or its provision of any applicable products or services in connection with this Website.

Usage of Access Codes

Account members are entitled to a maximum of two access codes per year. Access Codes are defined as a code that provides additional time extensions to existing accounts.

Ownership of Intellectual Property and Restrictions on Use of WordFlyers Materials

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Games, Public Materials, Member Materials, travel images and animations, and access codes together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “WordFlyers Materials”) are the property of Blake Education, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by copyright, trademark and patent laws throughout the world. Without limiting the generality of any other provisions of this User Agreement, the use of any WordFlyers Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the WordFlyers Materials in a manner that suggests an association with any of our products. You may not make any modifications to any WordFlyers Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the WordFlyers Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of WordFlyers, Blake Education or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of WordFlyers, Blake Education or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. Blake Education keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

WordFlyers and Blake Education has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. WordFlyers may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Broadband Internet service, Windows: Internet Explorer 9, Firefox 3.6 or Google Chrome, Macintosh: Safari 4.0, Firefox 3.6 or Google Chrome, Screen Resolution: 1024*768, Flash Player: 10.56+ for older versions of Firefox and the Sound card must be working. To enjoy these services on your tablet you will need a minimum iPad: iOS 6.0+, iPad Browser: Safari or Chrome, Android: Galaxy Tab 2, Galaxy Tab 3, Nexus 7 or Nexus 10 running OS 4.1 or later and Android Browser: Chrome 29.0 or later . These requirements may change and such changes will be posted on this Website.

Reproducing resources in hard copy by Schools

For the purposes of this User Agreement, a 'School' is defined as any educational institution that purchases subscriptions to the Website and our online resources on behalf of teachers and students.

Please note that as the owners of copyright in the content on the Website, where copyright legislation in a location includes a remunerated scheme to permit Schools to photocopy or print any part of the Website, we will claim remuneration under that scheme where such resources (for example, but without limitation, our worksheets, workbooks or other resources that can be used in hardcopy format) are printed or photocopied by, or on behalf of, the School (e.g. by teachers for use in the classroom or by students or where teachers direct students to print or photocopy worksheets for use by students at school). This may lead to an increase in the fees for educational institutions to participate in the relevant licensing scheme (including from licensing schemes managed by international reproduction rights organisations such as Copyright Agency in Australia, Copyright Clearance Center in the USA, and The Copyright Licensing Agency in the UK).

User Content

Certain areas of this Website will permit you to send to Blake Education text, information and other submissions. Blake Education values your feedback on this Website, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to WordFlyers or otherwise posted on this Website shall be deemed to be, and shall remain, the property of WordFlyers and Blake Education. You shall be deemed to have irrevocably assigned in perpetuity to WordFlyers and Blake Education free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, WordFlyers and Blake Education shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Blake Education, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.

You are responsible for all User Content posted by you. WORDFLYERS AND BLAKE Education HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Blake Education retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.

User Code of Conduct

The Website is provided by Blake Education and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

  1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
  2. Sell, trade or barter any items earned through this Website;
  3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
  4. Attempt to circumvent the security systems of this Website;
  5. Attempt to gain access to this Website in a fraudulent manner, including but not limited to using fraudulent pet codes;
  6. Attempt to use this Website in a fraudulent manner, including but not limited to, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
  7. Attempt to gain access to any other user’s Accounts;
  8. Attempt to ascertain any other user’s password, pet codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
  9. Attempt to harvest or otherwise collect information about other users without their consent;
  10. Attempt to use this Website for any purposes other than those intended by WordFlyers; or
  11. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Email Communications

By supplying your email address upon registration to WordFlyers you consent to receive promotional and or program update emails from WordFlyers and The Pascal Press Group of companies. You may opt out of these emails at any time by following the specific opt out instructions within the communication we send.

Disclaimers

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THISWEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES ORREPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WORDFLYERS, BLAKE E LEARNING AND THE PASCAL PRESS GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITSCONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITHTHE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

WORDFLYERS, BLAKE E LEARNING AND THE PASCAL PRESS GROUP DO NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WERESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TOTHE EXTENT THAT YOU COMMUNICATE WITH OUR CUSTOMER SERVICE DEPARTMENT OR SALESREPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCHSOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USERAGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATIONPROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION WORDFLYERS, BLAKE Education AND THE PASCAL PRESS GROUP DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERSTHAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULARHARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, WORDFLYERS, BLAKE Education AND THE PASCAL PRESS GROUP DO NOT WARRANT OR MAKE ANY REPRESENTATIONSREGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY,ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU. IF YOURUSE OF THIS WEBSITE OR RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITEDTO NEGLIGENCE, SHALL WORDFLYERS, BLAKE Education, AND THE PASCAL PRESS GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KINDOR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT,SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USEOF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE WORDFLYERS MATERIALSOR CONTENTS WITH WHICH IT IS LINKED, EVEN IF WORDFLYERS, BLAKE Education AND THE PASCAL GROUP HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NEITHER WORDFLYERS, BLAKE Education AND THE PASCAL PRESS GROUP IS RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OFTHIS WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE WORDFLYERS GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ANDCOSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOTLIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THISWEBSITE, ESTORE ITEMS OR ANY OF THE WORDFLYERS MATERIALS OR FUNCTIONS AT THIS WEBSITE,EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USEAND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVEWORDFLYERS DO NOT SEEK TO LIMIT THEIR LIABILITY IN RESPECT OF FRAUD OR FORDEATH OR PERSONAL INJURY CAUSED BY WORDFLYERS, BLAKE Education AND THEPASCAL PRESS’ NEGLIGENCE OR THATOF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES.

Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF WORDFLYERS, BLAKE Education AND THE PASCAL PRESS GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS ANDEXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER OF THE GROUP MAY INCUR INCONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THISUSER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT AND/OR YOUR SUBMISSION OFUSER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANYLAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH WORDFLYERS IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVEDEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Complaints

Please contact us if you have any complaints about the WordFlyers product and we will endeavour to assist you.

This website is published by Blake Education. By using this website, you agree that the Terms of Use and the Privacy Policy shall be governed in accordance with the laws of New South Wales, Australia and the laws of Australia as applicable, and you submit to the jurisdiction of the New South Wales courts.

Effective Date August 2014.