Question Bank Terms
Welcome to 6PREP!
In these terms, we also refer to 6PREP PTY. LTD. ABN 40 666 089 783 as "our", "we", or "us".
And you are you! Your children (or any other course participant) will be referred to as a Participant !
What are these terms about?
These terms apply when you subscribe to access our online question banks through our website, being 6prep.com and any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these terms
To make it easier for you to understand the terms on which we provide, and each Participant uses, the Online Question Bank, we ve tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say Online Question Bank in these terms, we mean the various primary school educational questions themselves and any of the services provided by us, including access to our video content, e-learning modules, and associated materials (Services).
We ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these terms
Before you subscribe to access our Online Question Bank, or otherwise engage with the Online Question Bank or allow a Participant to engage with the Online Question Bank, please carefully read these terms. If you don t agree to these terms, please don t access the Online Question Bank or allow a Participant to consume any of the content available via the Online Question Bank. By clicking accept when you create an account, or otherwise proceed to engage with the Online Question Bank, you agree to be bound by these terms.
1 SUBSCRIBING FOR ONLINE QUESTION BANK ACCESS
(a) To gain access for each Participant to our Online Question Bank, you will need to create an account (Account), choose a subscription, and pay the Fees (as defined in clause 4(a)(i)).
(b) By creating an Account and paying the Fees to access the Online Question Bank (Subscription) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and
(ii) you are authorised to use the debit or credit card you provide for your Subscription.
(d) Subscribing to access the Online Question Bank constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with access to the Online Question Bank in exchange for your payment of the Fees specified upon checkout.
(e) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Subscription has been accepted.
(f) If a Participant is under 18, you acknowledge and agree to these terms on the Participant s behalf. By acknowledging and agreeing to these terms on behalf a Participant, you warrant that you are the Participant s parent or legal guardian and have authority to enter into these terms and any other documents on behalf of the Participant.
2 COURSE CONTENT
(a) Once we have received payment of the Fees you will be granted access to the Online Question Bank which can be accessed by the Participant via your Account.
(b) The Online Question Bank is provided in an online interactive e-learning format, to be viewed online through your Account and not downloaded, reproduced or republished in any way without our express written consent.
(d) By subscribing to access the Online Question Bank, you acknowledge and agree that:
(i) we update may the specific material within the Online Question Bank available as part of your Subscription at any time (including by adding new content or removing existing content) in our discretion; and
(ii) the Online Question Bank content which you have access to at the commencement of the Subscription Period may become unavailable at any time without prior written notice to you.
3 YOUR ACCOUNT AND LICENCE
(a) Your Account will be valid for the Subscription Period from the date of your Subscription for the core materials of the Online Question Bank.
(b) You are granted a limited licence for you and the nominated Participant to use the Online Question Bank for personal, non-commercial purposes during the Subscription Period.
(c) You must not give access to your Account to any person other than yourself and the Participant who is nominated on Account creation.
(d) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing materials from the Online Question Bank to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Online Question Bank, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.
4 PAYMENT
(a) All Fees are:
(i) as displayed and accepted by you at the time of checkout (Fees);
(ii) in Australian dollars or New Zealand dollars (as applicable); and
(iii) subject to change without notice prior to your Subscription.
(b) (Payment obligations) You must pay the Fees in full or otherwise in the instalments specified at the time of your Subscription.
(c) (Recurrent subscription) This agreement and your obligation to pay the Fees, will continue to renew automatically at the end of every Subscription Period for the same duration as your previous Subscription Period. For example, if you initially purchase a six-month Subscription, a further six-month Subscription will automatically apply unless you notify us that you wish to cancel your existing Subscription prior to the end of the Subscription Period.
(d) (Automatic billing) The Fees will be automatically debited from the nominated payment method used at the time of your Subscription. You acknowledge and agree that you are required to make an initial and recurring payment of the Fees and accept responsibility for all recurring charges prior to termination of your Subscription.
(e) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.
(f) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(g) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payment of the Fees for your Subscription. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
(h) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Subscription, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of subscribing at the correct Fees or cancelling your Subscription. If you choose to cancel your Subscription and the Fees have already been debited, the full amount will be credited back to your original method of payment.
5 DISCLAIMER
(a) While the Online Question Bank has been prepared with every effort to help each Participant with learning the relevant content, the information provided in our Online Question Bank is general in nature and is not reviewed, endorsed, accredited by any specific education provider, school, institution, or other regulatory authority.
(b) Our Online Question Bank does not consider each Participant s personal circumstances or the specific goals of each Participant and it is your responsibility to confirm that the content of the Online Question Bank is suitable for each Participant.
(c) You acknowledge and agree that completion of any particular Online Question Bank will not contribute toward any recognised qualification or program administered by any third party (such as a primary or secondary education provider).
(d) We make no representation or guarantee that the Online Question Bank will be useful or relevant to each Participant or that by applying any ideas, recommendations, methods or techniques in the Online Question Bank you will achieve any particular outcomes.
6 COLLECTION NOTICE AND PRIVACY
(a) We may collect personal information about you and each Participant in the course of providing you with our Online Question Bank, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, accessible here: 6prep.com
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
7.1 OUR IP
Intellectual Property Rights in the Online Question Bank and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the materials can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.
You or any Participant will not under these terms acquire Intellectual Property Rights in any of Our IP.
For the purposes of this clause 7:
(b) Intellectual Property Rights means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
8 CHANGES TO YOUR SUBSCRIPTION
8.1 CANCELLATION
Once we confirm your Subscription, your Subscription is binding and cannot be changed by you.
8.2 REFUND POLICY
(a) Due to the nature of the materials, we do not offer change of mind refunds. We may however at our sole discretion offer a full or partial refund in accordance with this clause.
(b) Provided less than 5% of the Online Question Bank content available under your Subscription has been accessed, we will refund the Fees if you request a refund from us within the following periods:
(i) if the Subscription is a monthly subscription, one week after the commencement of the Subscription;
(ii) if the Subscription is a three-month subscription, two weeks after the commencement of the Subscription; and
(iii) if the Subscription is a six-monthly subscription, four weeks after the commencement of the Subscription.
(c) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).
9 PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA
Subject to your agreement of non-disparagement of us and the Online Question Bank, you may publish general information about what you have learnt from the Online Question Bank, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the material in the Online Question Bank. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.
10 DATA SECURITY
While we will use our best efforts to ensure that your information, data or other electronic materials or progress reports (Data) that is being backed-up will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
11 THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
11.1 THIRD PARTY GOODS AND SERVICES
(a) The Online Question Bank may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Your or the Participant s use of the Online Question Bank is subject to any applicable third party terms and conditions and you agree to familiarise yourself with all applicable third party terms and conditions.
(b) To the maximum extent permitted under applicable law and our agreements with any applicable third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error within the Online Question Bank or any issues experienced during Subscription.
11.2 THIRD PARTY CONTENT
The Online Question Bank may contain text, images, data and other content provided by a third party and displayed in the information provided via the Online Question Bank (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
11.3 LINKS TO OTHER WEBSITES
(a) The Online Question Bank may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Online Question Bank does not imply our approval or endorsement of the linked website.
We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Online Question Bank. You should take your own precautions to ensure that the process that you employ for accessing the Online Question Bank does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Online Question Bank by any person, any errors in the material in the Online Question Bank or any difficulty in accessing or using the Online Question Bank, please contact us immediately using the contact details or form provided on our Website.
14 SERVICE LIMITATIONS
The Online Question Bank is made available to you strictly on an as is basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
(a) the Online Question Bank will be free from errors or defects;
(b) the Online Question Bank will be accessible at all times;
(c) information you receive or supply through the Online Question Bank will be secure or confidential; or
(d) any information provided through the Online Question Bank is accurate or true.
15 NOTICES
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Online Question Bank, the Website, the Services these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for accessing the Online Question Bank. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.
(b) All express or implied representations and warranties in relation to the Online Question Bank, the Website, the Services these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.
(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.
(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives :
(i) breach of any of these terms;
(ii) use of the Online Question Bank, the Website, the Services or any other goods or services provided by us; or
(iii) use of any other goods or services provided by us.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Online Question Bank, the Website or the Services, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
18 TERMINATION
Your Account will terminate automatically at the end of the Subscription Period (whether you have accessed the Online Question Bank or not).
18.2 TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these terms for convenience at any time by providing 7 days written notice to you.
Either party may immediately terminate these terms by written notice to the other party if:
(a) the other party is in default or breach of these terms;
(b) the other party is convicted, or any of the other party s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party s obligations under these terms;
(c) the other party or any of the other party s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or
(d) the other party or any of the other party s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.
Upon termination of these terms:
(a) your Account will be terminated, and you will no longer have access to the Online Question Bank;
(b) any Fees paid are non-refundable (except in accordance with clause 8.2); and
(c) you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 7.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.
18.5 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
These terms is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.
19.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
19.7 ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
19.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to person or you includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word includes and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.