Terms of Use

Background

Thank you for visiting our Terms of Use (Agreement), we are Write2Spell Pty Ltd ACN 121 610 160 of PO Box 552, Rockhampton, QLD 4700 (Write2Spell, we, our, us and other similar terms). We provide a mobile app suitable for all-ages, which fast tracks handwriting, spelling and reading success, known as Write2Alphabet (Write2Alphabet).

This Agreement outlines the terms and conditions associated with your use of Write2Alphabet. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at https://write2spell2read.com/ (Website).

About this agreement

By downloading Write2Alphabet or procuring any Subscription Package you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using Write2Alphabet.

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 16. They aid to clarify the terms and conditions. Please feel free to email us at admin@write2spell2read.com if you have any questions.

How long this Agreement operates for

This Agreement will commence when you download Write2Alphabet or procure a Subscription Package and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 14. 

If this Agreement is not terminated in accordance with clause 14, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

Collection of Personal Information

Licence

We grant you a non-transferrable, non-exclusive and revocable licence to access Write2Alphabet for the Subscription Period, subject to the terms and conditions of this Agreement.

Our right to suspend

We reserve the right to limit or suspend your licence to access Write2Alphabet if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay any Subscription Fee associated with any Subscription Package you procure

Payment

We will provide you with a tax invoice for any Subscription Fee, which will be automatically deducted from your account each month.

Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement. 

You are responsible for all bank fees and charges applied by your financial services provider.

Support for and updates to Write2Alphabet

Support for Write2Alphabet is provided by contacting us via admin@write2spell2read.com

You acknowledge certain features of Write2Alphabet may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and there may be updates to Write2Alphabet which may change the interface and manner in which it functions.

You agree that, to the maximum extent permissible at law:

1. we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms;
2. updates to Write2Alphabet do not constitute a breach of these terms, provided they do not materially alter its features.

Your use of Write2Alphabet

Usage Restrictions

You acknowledge and agree that each Subscription Package may have restrictions on the use of Write2Alphabet including but not limited to the number of simultaneous users or geographic location of your use of Write2Alphabet. You must not use Write2Alphabet in a manner inconsistent with those Usage Restrictions.

You acknowledge and agree that we may monitor the use of Write2Alphabet to ensure compliance with any Usage Restrictions.

Lawful use of Write2Alphabet

You undertake not to upload, store or access any data on Write2Alphabet if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

Conduct which is expressly prohibited

You may only acquire and make use of Write2Alphabet for the sole purpose of meeting your own (families) educational needs or directly with students enrolled in your educational facility.

You must not:

1. sublicence Write2Alphabet to any other person;
2. in any way tamper with, hinder or modify Write2Alphabet;
3. knowingly transmit any viruses or other disabling features to or via Write2Alphabet;
4. intentionally disable or circumvent any protection or disabling mechanism of Write2Alphabet;
5. use Write2Alphabet in any way which could be reasonably expected to interfere with or damage our systems, any other operator’s systems, or another user’s enjoyment of Write2Alphabet;
6. use Write2Alphabet in connection with a breach of any law in Australia or the jurisdiction in which you operate; or
7. attempt, facilitate or assist another person to do any of the above acts.

Registering an Account

In order to procure a subscription to Write2Alphabet, you may be required to provide us with Personal Information.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.

We reserve the right to reject any new Account in our absolute discretion.

Account security

Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Write2Alphabet secure and we ask you to contribute.

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Write2Alphabet, whether such activities are authorised by you or not.

App Marketplace Providers

The Write2Alphabet mobile applications are available from Google Play and the Apple App Store (App Marketplace Providers).

This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for Write2Alphabet, and we are solely responsible for:

1. its support and maintenance;
2. the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of Write2Alphabet; and
3. any claim Write2Alphabet fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of Write2Alphabet and any other remedies under consumer protection law. Your right to use the mobile version of Write2Alphabet is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.

The App Marketplace Provider may monitor your use of Write2Alphabet and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Privacy

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion.  If we amend our Privacy Policy, we will post the new version on our Website.

Intellectual Property

We warrant we own or have a licence to use the Intellectual Property in Write2Alphabet.

You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:

1. create an adaptation or translation of, all or part of Write2Alphabet in any way;
2. use Write2Alphabet in a manner which may infringe any persons, including our, Intellectual Property;
3. incorporate all or part of Write2Alphabet in any other webpage, site, application or other digital or non-digital format; or
4. except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Write2Alphabet.

Warranties

We aim to provide the best possible user experience, however, subject to the Non-excludable Conditions, we make no warranties or guarantees that Write2Alphabet is fault free, regarding Write2Alphabet’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, Write2Alphabet including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

Limitation of Liability

Implied Conditions

We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

Limitation of Liability

Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

1. Write2Alphabet being inaccessible for any reason;
2. incorrect or corrupt data, lost data, or any inputs or outputs of Write2Alphabet;
3. computer virus, trojan and other malware in connection with Write2Alphabet;
4. security vulnerabilities in Write2Alphabet or any breach of security that results in unauthorised access to, or corruption of data;
5. negligence arising from our activities or that of our service providers;
6. the occurrence of an Event of Force Majeure; or
7. any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.

Limits to liability associated with goods and services

To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.

Dispute Resolution

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 13 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 13. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 13 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

Termination

Termination for convenience

Either party may terminate this Agreement by providing the other party notice in writing. Termination will take effect, at the end of the then current Subscription Period.

Termination for cause

Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.

Actions upon termination

Upon termination you must immediately stop using Write2Alphabet, we reserve the right to permanently erase any data associated with your Account, and you will no longer have access to your Account.

General

Entire Agreement – This document contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Governing law – The laws of Queensland govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement: 

1. which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
2. which you send, must be either delivered or posted by prepaid post to the address set out at clause 1 or sent by email to our email address set out at clause 2.

Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.  

Severability – Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Variations to this Agreement – We may vary this agreement by giving one month written notice to you. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 14.1.

Definitions

Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:

Account or Write2Alphabet Account means the account attached to any Subscription Package.

Agreement means these terms and conditions and any document incorporated into them by reference.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Payment Terms mean the requirement to make payment immediately on commencement of this Agreement and each subsequent Subscription Period in accordance with the Subscription Package selected.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.

Privacy Policy means the privacy policy available on our Website as amended by us from time to time.

Subscription Fee means the periodic price for the Write2Alphabet Subscription Package as set out on our Website.

Subscription Package means one of the subscription packages advertised on our Website from time to time.

Subscription Period means the period of time set out on any Subscription Package which you sign up to and if not otherwise specified then 1 month. 

You or your means the person or entity using Write2Alphabet.

Us, we or our means Write2Spell Pty Ltd ACN 121 610 160.

Usage Restrictions means any limitations on the use of Write2Alphabet as set out in any Subscription Package.

Website means the website located at https://write2spell2read.com/ and any of its subdomains.