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RocketReader ONLINE Subscription Agreement
Before registering to use or subscribing to or allowing a child, student and/or any other person to use the RocketReader ONLINE subscription service (Service), please read the RocketReader ONLINE Subscription Agreement (Agreement) carefully. The Agreement sets out the terms governing registration, use of and subscription to the Service. I you have read, understood and agree to be bound by all of the terms of the Agreement, click on the "Submit" button. If you do not agree with the terms of the Agreement, do not register, use or subscribe to the Service.
This Agreement is between RocketReader Pty Ltd, the owner and operator the Service, ('we', 'us or our') and the user ('you' or 'your') of the Service. This Agreement sets out the terms upon which you can use and subscribe to the Service.
DEFINITIONS
In this Agreement:
'Free Trial Period' means a period of 240 hours, calculated from and including the date and time when you first register to use the Service
'multi-user account' means an account for two or more users
'user' includes any subscriber, free trial user of the Service, any purchaser of an multiple-user account or any user of the Service
'Service' means the training exercises, practice readings and progress reports provided in the web application called RocketReader Online
'secure payment provider' means PayPal or such other secure payment provider appointed to process credit card transactions on our behalf.
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PREREQUISITES FOR ACCESS TO THE SERVICE
Before you can access the Service, you must agree to all the terms of this Agreement.
To access the Service you need to be connected to the Internet via Broadband or dial up.
To register to use the Service you must provide us with your name and the contact and other details specified by us and provide our secure payment provider with details of a credit card which you are authorized to use. If you are subscribing for a multi-user account, we may accept payment via purchase order.
If you are registering to use or subscribing to the Service on behalf of a minor or other person, e.g. a parent on behalf of a child or a school on behalf of its teachers and students, you agree to take responsibility for the actions of such person(s), any fees payable for use of the Service by such person(s) and such person's compliance with this Agreement and agree to indemnify and hold us, our representatives and our distribution partners harmless from any breach of this Agreement by such person(s).
FREE TRIAL
We may offer you a once only free trial of the Service during which you may access and try out the Service for free for the Free Trial Period. You will not be charged for using the Service.
A user is only allowed one Free Trial Period.
We reserve the right to vary the duration of the Free Trial Period and which features of the Service may be accessed during the Free Trial Period.
SUBSCRIPTION
You may subscribe to use the Service by paying subscription fees and any applicable taxes. You should review the current subscription fees before registering, subscribing to and using the Service: price list. Your access to the Service will be three, six, or 12 months. When you register and subscribe to the Service, after your free trial expires, your credit card will be periodically debited the subscription fee for the period of access selected by you. e.g. if you subscribe for three months, you will be charged the three monthly subscription fee immediately after the expiration of your free trial, and quarterly thereafter.
You may cancel your subscription at any time. You are not entitled to a refund of any fees paid and you will remain liable for all charges accrued up to that time, including full periodic charges for the period for which you discontinued service.
We reserve the right to change our fees at any time for any reason but we will email you at the email address specified by you at least fourteen (14) days in advance of such change, so you have the opportunity to elect to cancel your subscription. You may notify us that you wish to cancel your subscription by emailing cancellation@rocketreader.com. Upon receipt of such email, we will send you an acknowledgement by email that your subscription has been cancelled. Cancellation takes effect when such acknowledgement has been sent. If you do not cancel your subscription before the change in fees comes into effect, you will be charged the new fees. If your email address changes, it is your responsibility to update your email address on your account on the Service.
MULTI-USER ACCOUNTS
You may subscribe for a multi-user account by paying an annual fee based on the number of users selected by you and any applicable taxes in advance. You should review the current fees applicable for multi-user accounts before registering, subscribing to and using the Service. When you register and subscribe for a multi-user account, your credit card will be debited the annual fee based on the number of users selected by you immediately after registration.
You will be allowed to set up sub-accounts for the number of users for which you have paid.
You will be allowed access to the Service for 365 days calculated from the date when you registered to subscribe and use the Service. You access to the Service will automatically be terminated 365 days after registration, unless you renew your multi-user account.
You can cancel your multi-user account at any time but are not entitled to any refund of fees paid.
We reserve the right to change the fees applicable to multi-user accounts at any time for any reason but such fee changes will not affect multi-user accounts that have been paid in advance.
PAYMENT
Periodic subscription payments must be made by credit card (Visa, Mastercard, Delta, American Express or other credit card specified by us). We do not accept cash, checks, money orders or other forms of payment. We may at our sole discretion accept payment by purchase order from schools, colleges, universities and other organizations.
If your subscription renewal fee falls on a date which does not exist in a particular month because there are fewer than thirty one (31) days in the month, your credit card will be debited on the last day of the month.
You must pay all subscription fees and any applicable taxes connected with your use of the Service at the rates applying when the charges are incurred. Failure to pay such charges by the due date may result in your account being suspended or terminated without notice to you. All payments made or incurred prior to suspension or termination, including any payments in advance for a periodic term, are non refundable and you remain liable for all accrued charges.
TERMINATION
You may notify us that you wish to cancel your subscription by emailing cancellation@rocketreader.com. Upon receipt of such email, we will send you an acknowledgement by email that your subscription has been cancelled. Cancellation takes effect when such acknowledgement has been sent.
We may at our sole discretion modify, suspend or terminate your account, user name, password or use of the whole or any part of the Service with or without giving you notice at any time for any reason, including if we think that you have breached or acted inconsistently with the terms of this Agreement.
YOUR REGISTRATION INFORMATION
In order to access the Service, you must provide us with the information requested by us including email address and such other details as requested by us ('registration information'). The registration information provided by you must be true, current and complete. You must provide our secure payment provider with any information requested by them in order to process your payment(s) ('payment information'). The payment information must be true, current and complete.
We will provide you with a facility to change your registration information, so you can update your details should any of your registration information change. It is your responsibility to ensure that your registration details and payment information are current at all times you are subscribed to the Service. If your account is suspended or terminated, we reserve the right to delete your registration information from the Service.
We will use your registration information to provide you with access to the Service and to contact you to advise you of any changes affecting the whole or any part of the Service. We will not disclose your registration information to any third parties unless the third parties have been contracted by us to provide support or service to you, you have breached the terms of the Agreement or acted unlawfully or we are required to do so by law.
You are responsible for keeping your username and password confidential. You are also responsible for any activity on your account.
YOUR DATA RECORDS
Individual accountholder
The Service keeps records of how you use the Service to provide training to you and to provide you with progress and assessment reports and graphs ('training records').
You may access your training records, whilst you are subscribed to the Service. If you terminate your subscription, you will no longer be able to access your training records. We reserve the right to delete your training records from the Service upon suspension or termination of your account.
Multi-user accountholder
A multi-user accountholder may set up sub-accounts for the number of users for which they have paid. The multi-user accountholder may set up sub-accounts with different levels of access, i.e. teacher sub-account(s) giving teacher(s) access to class data and results and student sub-account(s) giving student(s) access to their own results.
If a multi-user accountholder's subscription expires or is terminated, the multi-user accountholder and any sub-account users will no longer be able to access any data on the Service. Upon suspension or termination of a multi-user account, we reserve the right to delete all data records relating to that account and any sub-accounts.
Our use of data records
We may use training and data records in aggregate form to improve the training exercises and other features provided by the Service and to report in aggregate form on the use and efficacy of the Service.
TERMS OF SUBSCRIPTION AGREEMENT
We reserve the right to change the terms of this Agreement at any time. If the change is a significant change, we will email you at the email address specified by you at least fourteen (14) days in advance of such change, so you have the opportunity to elect to cancel your subscription. If you do not cancel your subscription before the change comes into effect, this will constitute your acceptance of the change.
INTELLECTUAL PROPERTY RIGHTS
RocketReader is the exclusive owner the Service and all intellectual property rights associated with the Service. The Service and any and all components of the Service, including but not limited to the software, the related documentation, the end-user interfaces, the name of the Service, the exercises, any proprietary content and the individual features are the property of RocketReader and are protected by intellectual property laws including copyright. You must not copy, modify, adapt, record, reproduce, translate, distribute, reverse engineer, decompile or dissemble, sell or rent the whole or any part of the Service. We reserve the right to immediately terminate your use of the Service, if you fail to comply with this clause or breach any law relating to our intellectual property rights.
INTERRUPTIONS TO THE SERVICE
There may be interruptions to the Service due to maintenance requirements, technical difficulties or actions by third parties beyond our control. We will notify you by email, if maintenance downtime is expected to exceed 120 minutes.
We may in our sole discretion change or discontinue the whole or any part of the Service including any functions, features or content at any time with or without giving you notice. You agree that we will not be liable to you or any other person or party for any change, interruption, interference or cessation of your access to the whole or any part of the Service at any time.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO RERRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT. WHERE APPLICABLE LAW IMPLIES A CONDITION OR WARRANTY, OUR LIABILITY IS LIMITED AT OUR OPTION TO EITHER THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
WE MAKE NO OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE OR THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of the Service. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SERVICE, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AS CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, IN WHICH CASE THE SAID LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY
You shall indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you in connection with using the Service, leading wholly or partially to claims against us by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
GENERAL
You shall not assign or transfer this Agreement.
No delay on our part shall constitute a waiver of our rights under this Agreement.
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, such provision shall be deemed deleted and the remaining provisions of the Agreement shall remain in full force and effect.
GOVERNING LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of South Australia and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of South Australia. In addition, you agree to submit to the jurisdiction of the courts of the State of South Australia and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of South Australia.
ACKNOWLEDGMENT
This Agreement represents the entire understanding between you and us regarding your use of the Service and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, click the "Submit" button. If you do not agree to the terms of this Agreement, do not register, use or subscribe to the Service.
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