Terms & Conditions

General Website Terms

  1. Acceptance of Terms
    • This site is owned and operated by Norah Mary Colvin trading as readilearn ABN 53 151 187 939 (we, us).
    • By using the Site, by signing up to our mailing list, or by registering to access Materials, you (you) agree to be bound by the following agreement (Terms of Use) between you and us.
    • These Terms of Use incorporate our privacy policy, and govern your access to and use of this Site.
    • If you do not agree to these Terms of Use, please exit this Site immediately.
  2. Registered Users
    • This clause 2 applies to Registered Users only.
      • Access
        • Subject to these Terms of Use, from the date that you register as a Registered User (your Registration Date), we grant you a limited, non-exclusive, non-transferable licence to use the Site to set up your Profile to:
          • access and download Free Printable Materials;
          • edit Free Printable Materials which have been edit-enabled;
          • review Free Printable Materials; and
          • share links to Site pages.
        • You may not transfer your Registered User account without our written permission.
  1. Subscribers
    • This clause 3 applies to Subscribers only.
      • Becoming a Subscriber
        • You may sign up as a Subscriber by:
          • logging into your existing Registered User Profile and signing up as a Subscriber; or
          • registering as a Registered User and signing up as a Subscriber concurrently.
        • At the time of signing up as a Subscriber (Subscription Date) you must pay the applicable Subscription Fee.
        • Subject to these Terms of Use, on payment of the Subscription Fee, and in addition to the provisions under clause 1(a), we grant you a limited, non-exclusive, non-transferable licence to use the Site for the Subscription Period to:
          • access and download Paid Printable Materials;
          • edit Paid Printable Materials which have been edit-enabled;
          • review Paid Printable Materials;
          • access Online-Only Materials; and
          • review Online-Only Materials.
        • During the Subscription Period, you may use the Materials for your own personal use or as teaching materials to distribute to students of any class you are teaching.
      • Fees
        • The Subscription Fee is payable annually in advance. We will debit your credit card for the Subscription Fee each year.
        • Your subscription will automatically renew each year. We will send you a reminder notice 30 days before the end of each Subscription Period.  You may by Written Notice at any time elect not to renew your subscription for the following year.  However, if we have not received such a notice from you, we will debit the Subscription Fee from your credit card and your subscription will automatically renew for a further Subscription Period of the same duration and on the same terms save as varied under clause 4 and clause 3.2(c).
        • We reserve the right to review the Subscription Fee and give you Written Notice at least 30 days prior to the due date of your Subscription Fee of any changes to apply to the following Subscription Period.
        • You undertake and warrant that all details you provide to us for the purpose of registering as a Subscriber will be correct, that the credit or debit card, or account or other payment method which you use is your own or that you are fully entitled to use that card, account, or other payment method, and that there are sufficient funds or credit facilities to cover the cost of the Subscription Fees. We reserve the right to obtain validation of your payment details before providing you with the licence under clause 1.
      • Further payment provisions
        • You are responsible for and must reimburse us for any transaction, processing, dishonour or charge-back fees issued by a financial institution or payment gateway in the course of making payment.
        • All fees are in Australian dollars and are exclusive of GST. If any GST is imposed on a supply under this agreement, you must pay the GST amount with and in addition to the Fees.  We will itemise any applicable GST on each tax invoice.
        • If your payment is dishonoured or reversed for any reason we may suspend your Subscription until we receive full payment.
  1. Changing your Subscriber or Registered User status
    • This clause 4 applies to Registered Users only.
      • Revocation for convenience
        • You may revoke your Subscriber or Registered User status (or both) at any time, for any reason, by:
          • logging into the Site and:
            • modifying your Subscriber status to Registered User; and/or
            • electing to delete your Profile; or
          • sending us an email to the Support Email.
        • We may revoke your Subscriber or Registered User status (or both) at any time for any reason, by 5 Business Days’ Written Notice to you, and refund any unused portion of any Subscription Fees you may have paid.
      • Consequences of revocation
        • If your Subscriber status is revoked for any reason then in addition to any other rights we may have:
          • subject to clause 1(b) and 9.4, the Subscription Fee (in full or in part) will not be refunded;
          • your right to use the Site will immediately be limited to the portions of the Site which do not require subscription;
          • the licence granted under clause 1 is immediately revoked and your right to use any Intellectual Property belonging to us which is the subject of that licence automatically ceases;
          • any reviews you have posted to Materials will remain on the Site, and all links you have previously shared will remain live; and
          • we reserve the right to delete any data associated with your Subscriber account.
        • If your Registered User status is revoked for any reason then in addition to any other rights we may have:
          • your Subscriber status (if applicable) will be immediately revoked;
          • your right to use the Site will immediately be limited to the portions of the Site which do not require registration;
          • the licence granted under clause 1 is immediately revoked and your right to use any Intellectual Property belonging to us automatically ceases;
          • we will immediately remove your Profile from the Site;
          • any reviews you have posted to Materials will remain on the Site, and all links you have previously shared will remain live;
          • we may retain records relating to your Profile following termination of this agreement for any reason, in accordance with general legal and accounting requirements; and
          • we reserve the right to delete any data associated with your Registered User account.
  1. Our Relationship with You
    • The Site
      • For the duration of these Terms of Use we will host and maintain the Site, and provide technical support by email to the Support Email.
    • No affiliation/recommendation
      • Inclusion of your Profile on the Site does not imply that we recommend or endorse you, or that you have complied with any or all relevant laws.
      • Similarly, we do not recommend, nor do we make any recommendation or representation about any other User of the Site.
    • Rejection, cancellation or suspension
      • Your Profile is subject to our approval. We reserve the right to suspend or reject Profiles or request amendments if any part does not meet our requirements for inclusion on the Site at any time, or if we have reason to suspect that you have breached any of your obligations or warranties under these Terms of Use.
    • Changes
      • We may amend these Terms of Use at any time by 30 days’ Written Notice to you. If you do not agree with any proposed amendments, you may cancel your registration or subscription at any time prior to the effective date of the notice, and receive a pro rata refund of any unused balance of Subscription Fees you have paid. Your continued use of the Site after the effective date of the notice constitutes your acceptance of the amendments set out in the notice.
  1. Your Warranties and Obligations
    • Your Profile
      • You must keep your Site login id and password confidential and secure, and not disclose it to anyone.
      • You warrant that your Profile:
        • is true and submitted in good faith;
        • is your own and not that of another person or business;
        • does not contain anything defamatory or any malicious falsehood in relation to any product, service, person or corporation;
        • does not breach or infringe any third party’s Intellectual Property right or obligation of confidentiality; and
        • complies with applicable legislation or regulations of the Commonwealth of Australia and state and territory legislation or any law in any country where the material or information (or both) is or will be available electronically to Users.
      • All ownership in Intellectual Property forming part of your Profile remains yours. You grant us a licence for the duration of this agreement to:
        • use such Intellectual Property as part of the Site;
        • disclose such Intellectual Property in accordance with our privacy policy; and
        • allow us to sub-license others the same rights granted to us in this clause, for the purposes of carrying out our obligations under these Terms of Use.
      • Your rights and obligations
        • You agree to:
          • comply with these Terms of Use and all applicable laws and regulations; and
          • comply with our privacy policy, and any other policy we publish on the Site from time to time; and
          • use the Site in good faith.
        • You must not:
          • disclose your authentication details (password, etc) to any other person;
          • post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any Intellectual Property, publicity, privacy or other rights of others;
          • cause annoyance, inconvenience or needless anxiety to others;
          • distribute or link to any material which contains malware of any kind;
          • post commercial advertisements or promotional material; or
          • collect information (including information about other users) for purposes outside these Terms of Use. In particular, you must not harvest information from the Site for commercial purposes without our prior consent.
  1. Posting Content
    • By uploading or posting content to the Site (User Content), you grant us a perpetual, non-exclusive, royalty-free, world-wide licence to all Intellectual Property in that User Content, including the rights to sub-license, adapt, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, or edit such materials in our ordinary course of business.
    • You warrant and represent that:
      • you own, or otherwise have full legal right to provide the User Content and Intellectual Property licence above; and
      • the User Content is not defamatory, confidential, and does not infringe any third party Intellectual Property rights.
    • We do not moderate User Content on the Site, but we reserve the right to delete any User Content at any time, for any reason.
  2. Intellectual Property
    • Ownership of Intellectual Property
      • The material on the Site is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trade marks and other content on the Site are owned by their respective owners.  You must not deal with the material on the Site in any way which infringes on the content owner’s Intellectual Property rights without separate written permission from the content owner.
      • The parties agree that all Intellectual Property rights in the Material and any improvements, modifications or enhancements to the Material vest in and are owned by us, even if based on your new feature request or user feedback.
    • Licence
      • The licence granted under clauses 1 and 3.1:
        • may not be sub-licensed except as reasonably necessary for you to maintain any Deliverables; and
        • is not transferable without our written consent.
      • Without limiting your rights at law, and subject to any conflicting rights granted by this agreement, you must not, without our prior written consent:
        • use, copy, edit, or distribute the Materials for any purpose other than that allowed under clauses 1 and 3.1; or
        • authorise any other party to do any of the acts in clause 2(b)(i).
      • You may post links to Site pages on social media or other sites, but may not deep-link to embedded frames or images.
      • You must not remove from the Material any watermarks, attributions, logos, trade marks, or anything else which identifies the Material as belonging to us.
      • We, our designers and developers (as applicable) expressly retain our moral rights in all materials provided under this agreement. You must ensure that such works are not subjected to any treatment which is prejudicial to our honour or reputation and do not infringe the moral rights of the author(s).
  1. Disclaimers and Limitation of Liability
    • Disclaimers
      • To the extent allowable by law:
        • the information, services and material contained on the Site are provided on an “as is” basis. We disclaim all representations and warranties, express or implied, with respect to material on the Site, whether provided by us, third party contractors or other Users, including without limitation, the fitness for any particular purpose of anything contained or referred to on the Site.
        • we do not warrant, guarantee or make any representation that:
          • the Site is free of viruses;
          • the functions contained on the Site will operate uninterrupted or are error-free or are compatible with all browser and operating systems; or
          • errors and defects in the Site will be corrected.
        • we take all reasonable efforts to maintain the security and confidentiality of the Site and any materials you upload to the Site, but we cannot ensure or guarantee the security of your information. For example, hacking, vandalism, hardware or software failure may affect the security and confidentiality of materials you provide, and we take no responsibility for such events.
      • You acknowledge that you have exercised your own judgement as to the suitability of the Site for your purposes, and that you use the Site at your sole risk.
      • We retain the right at our sole discretion to deny access to anyone to the Site, at any time and for any reason, including, but not limited to, violation of these terms and conditions.
    • Responsibility for own actions
      • Each party agrees to release and hold harmless, indemnify and defend the other party and its Indemnified Officers against any Claim or Liability from or in relation to:
        • its own negligence or malpractice, or reckless or intentional misconduct, and
        • its own failure to perform its obligations and responsibilities under these Terms of Use.
      • Release and indemnity
        • You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:
          • the misuse of the Site by you or anyone whom you allowed to access the Site, whether deliberately or otherwise;
          • any acts or omissions of anyone whom you allowed to access the Site from time to time, whether deliberately or otherwise;
          • your breach of any law or infringement of any third party rights including without limitation Intellectual Property rights or privacy rights;
          • if your instructions to us cause us to be in breach of any law or infringement of any third party rights including Intellectual Property rights;
          • your action, inaction, delay or breach of your obligations under this agreement or your breach of any warranties under this agreement.
        • You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
          • acts or omissions of other Users or any third parties;
          • any downtime, interruption, hardware or software failure, or Consequential Loss of any kind;
          • any loss or damage to persons or property (including data) caused by:
            • the use of the Site;
            • the inability to use the Site;
            • the reliance on any information provided on the Site;
          • by you or anyone whom you allowed to access the Site;
        • our reasonable actions in denying anyone access to the Site for security reasons or non-payment;
        • actions taken in relation to these Terms of Use in accordance with our obligations at law or any order issued by a court of law or relevant government authority,
      • whether directly or indirectly arising in connection with the Site, even if we knew or should have known about the possibility of such Claim or Liability.
    • You indemnify us for any reasonable legal expenses we incur as a result of your breach of these Terms of Use on a solicitor and own-client basis.
  • Limitation of liability
    • To the fullest extent allowable at law:
      • we only accept liability to you as set out in this clause 9, or as required by consumer or other laws which cannot be excluded by contract;
      • indirect, special, pure economic or Consequential Loss (whether arising under contract or tort) are expressly excluded under these Terms of Use;
      • we are not liable to you for:
        • errors in the information you provide to us;
        • acts or omissions of any other User of the Site, including defamatory, offensive, unlawful or illegal content;
        • default or failure in performance of our obligations under this agreement resulting directly or indirectly from:
1)                  a Force Majeure Event; or
2)                  third party service providers or suppliers; or
3)                  any other circumstances caused by factors beyond our reasonable control,
  • whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.
  • our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
    • supplying the services again; or
    • payment of the cost of having the services supplied again; or
    • a refund of the amount you paid us for those services;
  • despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed the greater of $100 or the total fees received by us from you in the previous 12 months (calculated from the date you first notified us of any Claim or Liability).
  • The limitation of liability under clause 4 has effect in relation both to any liability expressly provided for under this agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this agreement.
  1. Links to Third Party Websites
    • This Site may provide links or references to other websites for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
    • If you choose to purchase goods or services from a third party, including one accessed from the Site, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
  2. Suspension and Force Majeure
    • Your default and suspension
      • We may suspend your access to the Site at any time and give you Written Notice to rectify your default if:
        • you fail to make any payment when due, or any payment is dishonoured or subject to chargeback;
        • you breach the terms of the licence granted under clause 1 or 3.1; or
        • you breach any other term of this agreement.
      • Suspension of your access under this clause:
        • does not affect your liability to make payment; and
        • will immediately end when the issue giving rise to the suspension is remedied.
      • A Written Notice under clause 1(a) will:
        • state that it is a notice of default;
        • specify the default with sufficient detail and particulars; and
        • give a reasonable deadline by which the default must be remedied, of not less than 5 Business Days.
      • Force majeure

Neither party is liable for any delay or failure to perform its obligations under these Terms of Use to the extent that such failure is caused by a Force Majeure Event.  However, nothing in this clause excuses payment of any money due.  We may suspend access to the Site for the duration of any Force Majeure Event.

  1. Termination of Access
    • This clause 12 applies to Visitors only.
    • If we in our absolute discretion determine that you have committed a breach of these Terms of Use we may immediately and without further notice to you terminate your access to the Site by technical or other means.
  2. Dispute Resolution
    • Mediation
      • If a dispute arises between the parties in relation to this agreement, either party may give the other party a Written Notice that they intend to arrange mediation. The parties must refer the dispute to an independent mediator within 21 days, and share the costs of the mediation in equal shares.
    • Legal proceedings
  • No party may commence court proceedings unless the dispute remains unresolved after 28 days from the date of the Written Notice provided under clause 1.
  1. Violations
    • We take reports of abusive content and copyright infringement seriously. If you find any content on the Site that is incorrect, offensive, or suspect that the content infringes your intellectual property rights, please notify us by email to the Support Email.
    • Please support the Site and report any violations of these Terms of Use by contacting us by email to the Support Email.
  2. General
    • Costs
      • You are responsible for all duties, charges and legal fees (on a solicitor and own-client basis) incurred in enforcing this agreement.
    • Enduring clauses
  • The parties’ rights and obligations under clauses 2, 3.3, 4.2, 5.2, 6, 7, 8, 9, 10, 12, 13, 14 and 15.3 will survive the termination of these Terms of Use for whatever reason.
    • Jurisdiction
  • The laws of Queensland, Australia apply to these Terms of Use and the parties submit exclusively to the courts of that jurisdiction.
    • Severability
  • If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.
    • Waiver
  • Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.
    • Entire agreement
  • This agreement contains the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.
    • Assignment
  • We may assign or novate our rights and obligations under these Terms of Use at any time by notice on the Site. Upon assignment or novation, our rights and obligations are binding on and will benefit our respective representatives, successors and assigns.
  1. Definitions and Interpretation
    • Definitions
  • In these Terms of Use:
    • Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Brisbane, Queensland, Australia.
    • Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.
    • Consequential Loss includes, without limitation:
      • loss of data or unauthorised disclosure of data;
      • loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and
      • disappointment, distress, stress, and inconvenience.
    • Free Printable Materials means Materials which can be downloaded from the Site while logged into the Site as a Registered User.
    • Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
    • Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
    • Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
    • Materials means the resources owned by us and made available to Registered Users, and includes Free Printable Materials, Paid Printable Materials and Online-Only Materials.
    • Online-Only Materials means Materials which can only be accessed while logged into the Site as a Subscriber and which cannot be downloaded.
    • Paid Printable Materials means Materials which can be downloaded from the Site while logged into the Site as a Subscriber.
    • Profile means any statements, information or representations you make on the Site about yourself or your business, and includes your branding, contact details and any information you provide to other users via the Site, as well as any additional advertising you request us to display on the Site.
    • Registered User means a person who registered as a user under clause 2, and includes Subscribers.
    • Site means the website which may be accessed at http://www.readilearn.com.au.
    • Subscriber means a Registered User who has paid the Subscription Fee.
    • Subscription Fee means the fee applicable to your Subscription Period, as notified to you at time of signing up as a Subscriber.
    • Subscription Period means 12 months.
    • Support Email means hello@readilearn.com.au, or any other email address we may notify you of from time to time.
    • Terms of Use means this agreement including schedules and appendices, if any.
    • User means any user of the Site, and includes Registered Users and Subscribers.
    • Written Notice means providing information in writing to a party, including by email.
  • Interpretation
  • The following rules of interpretation apply unless the context requires otherwise:
    • a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
    • a reference to these Terms of Use or another document includes any variation, novation, replacement or supplement to any of them from time to time;
    • a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
    • a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
    • specifying anything in these Terms of Use after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary;
    • nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.