License purchasing for the Young Thinker's Program

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Definitions

Individual Edition: a Single Family purchases a Licence Number for use on a Single Computer for a 12 Month Period. Licence is NOT transferrable.

School Edition: a School purchases a Licence Number for all Teachers and all Students on Multiple Computers for a 12 Month Period. Licence is NOT transferrable. Licence is restricted to a SINGLE Campus.

Licence Period: A Licence Period is for 12 months from the Date of Purchase. After 12 months, the Licence Number becomes obsolete. Renewal of the Licence Period occurs by re-doing PURCHASE LICENCE Process.

Product Upgrades: Each 12 month period will carry an upgrade of stories. Renewal of your Licence automatically enables all Upgrades plus the Original Program to be available for your Family or School.


Focus Education Australia Pty Ltd

ABN: 57 085 839 863

YOUNG THINKERS PROGRAM
Terms & Conditions
Agreement


Your purchase of a Subscription Licence is subject to the terms and conditions set out below (the “Agreement”), and all Subscription Licence(s) purchased by you now or at any time hereafter will be subject to the terms and conditions set out below.

Young Thinker’s Program is a subscription-based website program that provides members with stories, cartoon images, photographs, music, sound effects and more.


1. PERMITTED USES

Except as expressly indicated to the contrary elsewhere on this Site, you may view, use, and print the Young Thinkers’ Program Content available on this Site subject to the following conditions:

  1. You may not redistribute to any third party any Young Thinkers’ Program Content.
  2. Focus Education reserves the right to revoke the authorization to view, use, and print the Young Thinker’s Program Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Focus Education.
  3. The rights granted to you constitute a license and not a transfer of title.
  4. Each Subscriber will be issued a unique user name and password. You are not permitted to share your unique user name and password with any other person, school or other entity unless otherwise agreed to by Young Thinker’s Program in writing. In addition to Young Thinker’s Program termination rights, Focus Education reserves the right to immediately terminate the software license provided in this Agreement and your right to access and use the software on this Site if you permit others to access or use software using your unique user name and password.
  5. Young Thinker’s Program, including all of its components and annexures, is Licensed for use with school students and their teachers or with Families. Schools are not permitted to use the Family Edition of Young Thinker’s Program. Young Thinker’s Program cannot be used for adult training of any kind. It cannot be copied, sold, hired, lent or used for any other purpose than its stated aim. Any public performance is strictly prohibited.

The rights specified above to view, use, download, and print the Young Thinker’s Program Content available on this Site are not applicable to the design or layout of this Site. Website Elements of Young Thinker’s Program are protected by copyright laws and may not be copied or imitated in whole or in part.


2. SOFTWARE LICENSE TO USER

The software programs furnished to you online by Young Thinker’s Program is the proprietary and copyrighted work of Focus Education and/or its third-party licensors or contractors. Young Thinker’s Program provides you with a limited license to use its software, which you agree to use in accordance with the terms and conditions outlined in this Agreement. You may not sub-license, or charge others to use or access, Young Thinker’s Program software without first obtaining written permission from Focus Education. Young Thinker’s Program may occasionally provide automatic upgrades to improve your experience on the Site.


3. SUBSCRIBER PAYMENT

If you are a Subscriber, your subscription is effective for the period covered by your subscription fee (12 months) and continues upon your payment of the annual renewal fee. You will be advised by email when your subscription is due to expire. Should you choose to discontinue your subscription you forfeit any right to use the Young Thinker’s Program until you resubscribe and obtain a new user name and new password.

All online payments are made through PayPal.
For queries please contact our customer support centre at:

HELPDESK
Email: john.joseph@focuseducation.com.au
Phone: +61 8 8358 6993
ADDRESS
Australian Address: Focus Education, 34 York Drive, Flagstaff Hill, South Australia, Australia, 5159
Postal: PO Box 402 Flagstaff Hill, South Australia, Australia, 5159


4. PERFORMANCE OF PUBLICATION

The Publication is an internet on-line program and as such carries potential for disruption due to unforeseen circumstances beyond the control of Focus Education. Such disruptions may include but are not limited to host and user server problems, electrical power disruptions, user compliance problems, user software problems. Should problems arise, the Subscription Licence Owner must, within 24 hours of knowledge of a problem existing:
(a) provide a complaint notice through the Product on-line Help file, or via email to Focus Education, or via phone call or facsimile to Focus Education the nature of the problem, the timing of the problem and the name and contact details of the person that raised the problem;
(b) upon receipt of the complaint, Focus Education must do all within its power to rectify the problem and provide the Subscription Licence Owner with a satisfactory resolution which may include a full refund of Subscription Fees should the problem be unable to be rectified; and
(c) to the extent permitted by law, and by the Terms and Conditions of PayPal, payment by the Subscription Licence Owner is deemed to be acceptance of the Terms and Conditions of the Publication and Focus Education accepts no claim for refund for any reason.


5. THE PUBLICATION

Focus Education maintains editorial control over the content of the website and may make changes, deletions and additions as deemed appropriate and without notice. The website and accompanying notes and images must be used intact and must not be edited in such a way as to alter the meaning of the work or to imply endorsement or otherwise of products and services not originally referred to by the Publication’s authors.


6. INTELLECTUAL PROPERTY

The intellectual property contained within the Publication, including all stories, poems, classroom-based thinking activities, cartoon images, photographs, music, sound effects and more remains the property of Focus Education. The Publication must be used with all disclaimers, references and copyright notices intact.


7. REVISED TERMS AND CONDITIONS

Focus Education may revise the Young Thinkers’ Program Subscription terms and conditions, supplementary terms and conditions at any time and may notify you of any such revision. Notification may occur via email, be posted on the Focus Education a Website or may occur in a manner deemed commercially reasonable by Focus Education. If you do not accept said revisions, you must notify Focus Education in writing within thirty (30) days of the date of Focus Education’s notification to you. If you do so notify Focus Education, your existing Subscription will continue to be governed by the last terms and conditions that you accepted (including any deemed acceptances) until the end of your Initial Licence Term.


8. LIMITATION OF LIABILITY AND DISCLAIMER

8.1 In no event will Focus Education or its agents be liable for indirect, consequential, special or incidental damages or loss of time or profit or loss of data however caused or arising. The total cumulative collective liability of Focus Education for all costs, losses or damages from all claim, actions or suits however caused or arising from or in relations to your Subscription Licence shall be limited to your direct damages and shall not exceed the Subscription Fees paid by you for the Subscription Licence in respect of which the claim arises. You acknowledge that the Subscription Fee reflects this allocation of risk and that the limitation set forth in this Section is an essential element of the Agreement between the Parties.

8.2 Reliance on information or any linked or recommended resources from the Young Thinkers’ Program is at your sole risk. Users of this Program are encouraged to confirm the information received with other sources, and to seek qualified advice if embarking on any actions that could carry personal or organisational liabilities. The information presented is contestable. There is disagreement about the topic of critical, creative and curious thinking. Use this Tool as one source of information only.

9. PRIVACY POLICY

a. Focus Education is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your licence purchase. Focus Education uses cookies to allow you to login to your account, establish and maintain a Profiling session. Cookies sent to your computer from Focus Education only last while you’re browsing our website. We do not store persistent cookies on your computer.

b. Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

c. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.