Skoolbo Terms and Conditions

Policy effective 2 November 2017


Welcome to Skoolbo, which is owned and operated by Skoolbo PTE (“Company,” “we,” “us” or “our”). By purchasing a subscription to, registering an account for, or using Skoolbo Services, including all of the services provided therein, and any other websites and applications that link to these Terms (collectively, the “Services”), you acknowledge that you have read and understand these Terms, and agree to be bound by them.

The “terms and conditions” governs the use of “Skoolbo services” available from the domains www.skoolbo.com.au and associated downloadable apps. The Skoolbo Terms and Conditions should be read in conjunction with the Skoolbo Privacy Policy; and the Skoolbo Child Safety Policy; which together form the full terms and conditions of Skoolbo’s agreement with the User.

From time to time Skoolbo may modify the Skoolbo Terms and Conditions. Teachers and Parents will be notified of any updated policy and the most current version may be found here.

Summary of Key Points

You should read all of these Terms and also our Privacy Policy and Child Safety Policy (the terms of which are incorporated into these Terms)

  1. Account Establishment Process
    1. Student accounts. Skoolbo is open to children beneath the age of 18 and accounts may be created by teachers and parents. Skoolbo services require the collection of minimal non-identifiable information from children specifically first name, surname initial, age, academic year and voice recording for reading and vocabulary testing.
    2. Teacher Accounts. Teacher Accounts may only be registered by an Adult currently employed as (a “Teacher or Learning Support Assistant”) by a school, school district, licensed childcare facility, or other licensed educational institution or program (“Educational Institution”). Teacher Accounts allow up to 40 students to be using the Services simultaneously. To be eligible for a free Teacher Account, the Teacher must at all times during the subscription period be currently employed by an Educational Institution. The Teacher’s employment status must be independently verifiable, and the Teacher must only use or facilitate the use of the Teacher Account for students at the Educational Institution for which the Teacher has authorization. If a Teacher wants to use the Services for their own family, they must register for a Family Account. By registering for a Teacher Account, you represent and warrant that a. you have permission from your Educational Institution to enter into these Terms on its behalf.
    3. Teacher Accounts are free and are offered in the sole discretion of Company and we reserve the right to decline to issue, cancel, or change the terms and/or conditions of any or all Teacher Accounts at any time for any reason, except with respect to the collection, use, and disclosure of Child User information, which we will treat in accordance with our Privacy Policy.
    4. Account Fees. For certain types of Accounts, we may charge a fee, such as an Account fee or subscription fee. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
    5. Authorization to Charge for Services. You must either use a credit card or other payment mechanism accepted by us e.g. debit card, Pay Pal etc… (“Pay Mechanism”) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional ninety days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
    6. Subscription Renewal. By activating an Account, you agree that we may renew your subscription automatically for the same subscription term on the day after your previous subscription ends, and you authorize us to charge you for the subscription term, unless you cancel your Account prior to its renewal date through the procedures described in the “Subscription Cancellation” section below. We will charge your Pay Mechanism each year, month, or other applicable period (depending on the term that you selected) for the then-current applicable price.
    7. Subscription Cancellation. To cancel your subscription and avoid future billing, you may cancel your Account prior to its renewal date through the My Account area in the Parents Section. For all Accounts, you will continue to have access to your Account for the period of time that has already been prepaid. If you activated a paid Account at a discounted or promotional rate, chose to pay in installments, and then canceled that Account prior to all of the installments having been paid, the period of time after cancellation that your Account will continue to be accessible will be calculated based on the non-promotional/non-discounted rate in effect at the time of cancellation. After you cancel your Account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the Services throughout the remainder of the subscription period for which you have already paid.

  2. What License does Skoolbo grant?
    1. Limited License. Subject to your strict compliance with these Terms and the Additional Terms and your payment of any applicable subscription fees, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to access, display, view, use, play, the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, an “Internet Device”) for your personal, non-commercial use only (e.g., teachers may use Content from the Services for educating their students and other users’ use is limited to personal use). The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.

  3. Skoolbo’s Trademarks, Logos, Graphics, Audio or Other Assets
    1. Unless otherwise stated the User may not use or alter Skoolbo’s trademarks, logos, graphics, audio or other assets included in the Skoolbo Services in any way other than for their intended purposes.

  4. Reservation of Rights
    1. Skoolbo reserves all right, title and interest in the Skoolbo Services (including all characters, storyline, images, photographs, animations, video, audio, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein.
    2. The User may not decompile, disassemble, or reverse engineer the Skoolbo Services, or any component thereof, by any means whatsoever.
    3. The User may not “hack” or intentionally degrade the Skoolbo Services.
    4. The User may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Skoolbo Services. All rights not expressly granted herein are reserved by Skoolbo.

  5. Skoolbo’s Trademarks, Logos, Graphics, Audio or Other Assets
    1. Unless otherwise stated the User may not use or alter Skoolbo’s trademarks, logos, graphics, audio or other assets included in the Skoolbo Services in any way other than for their intended purposes.

  6. The Skoolbo Services Uptime
    1. Skoolbo takes all reasonable steps to ensure the Skoolbo Services are available 24 hours every day. However, websites and other online applications sometimes encounter downtime due to server and other technical issues. Skoolbo will not be liable if the Skoolbo Services are unavailable at any time.
    2. Where possible Skoolbo will try to give advance warning of maintenance issues but shall not be obliged to do so.

  7. Responsibilities of Users
    1. It is the responsibility of each user and or associated adult to maintain the confidentiality of their account password.
    2. It is the responsibility of every User to in no way try to “hack” or intentionally degrade the Skoolbo Services.

  8. Material the User sends to Skoolbo or posts on Skoolbo Services
    1. With the exception of personally identifiable information (see Skoolbo Privacy Policy), any material the User sends to Skoolbo or posts Skoolbo Services shall be considered non-proprietary and not confidential. Unless the User advises to the contrary Skoolbo will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

  9. Links to other Websites
    1. Any links to third party websites located on Skoolbo services are provided for the User’s convenience only.
    2. Skoolbo takes all reasonable steps to ensure any links to third party websites are appropriate. Skoolbo is not responsible for the content on any linked third party website. If the User chooses to access a third party website linked to from any Skoolbo service, it is at the User’s own risk. The User is encouraged to notify Skoolbo if there are any inappropriate links on Skoolbo services.

  10. Links from other Websites

    The User may provide a link to Skoolbo services on another website on the basis that:
    1. The User does not in any way imply that Skoolbo is endorsing any services or products unless this has been specifically agreed in writing with Skoolbo.
    2. The User does not misrepresent the relationship between the User and Skoolbo.
    3. The User does not present any false information about Skoolbo.

  11. Disclaimer
    1. The use of any part of the Skoolbo Services is entirely at the User’s own risk, for which Skoolbo shall not be liable.
    2. It shall be the User’s own responsibility to ensure the Skoolbo Services meet the User’s specific requirements.
    3. Skoolbo takes all reasonable steps to ensure that the information on the Skoolbo’s Services is correct. However, Skoolbo does not guarantee the correctness or completeness of material contained within the Skoolbo Services. Skoolbo may make changes to the material contained within the Skoolbo Services at any time and without notice.
    4. Skoolbo takes all reasonable care to ensure the maintenance and security of the User’s data. However, Skoolbo does not guarantee the data. Skoolbo accepts no responsibility for a temporary or permanent loss of data.

  12. Maximum Liability
    1. The User agrees that Skoolbo is financially liable only to the amount you have paid in the preceding 12 months.
    2. The User agrees that Skoolbo shall not be liable for any consequential damages.
    3. The User agrees that none of the Supporting Partners of Skoolbo are liable in any way.

  13. Governing Jurisdiction
    1. The Skoolbo Terms and Conditions shall be governed by and construed in accordance within Australian law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of the Australian Captial Territory.
    2. If any provision of the terms and provisions within the Skoolbo Terms and Conditions are determined to be invalid, it shall not affect the validity and enforcement of the remaining terms and provisions within Skoolbo Terms and Conditions.