Terms and Conditions

This website is owned and operated by Study Space HQ Pty Ltd (50 624 109 477)

By accessing and/or using this website and our services, you agree to these terms and conditions, read them carefully and immediately cease using our website or services if you do not agree to these Terms.

In these Terms, ‘us’, ‘we’ and ‘our’ ‘Study Space’ means Study Space HQ Pty Ltd. In these Terms ‘website’ and ‘web app’ means the software users are registering and logging into access Study Space content.

In these Terms, there are three categories of “users” listed by not limited:

1. Free Access users – Learners, Parents, Teachers, Education Providers and School’s
2. Subscription Users – Learners and Parents linked to one Subscription Account
3. Teachers Subscription – Learners, Teacher & Education Providers and School’s
4. School Subscription – Learners, Teachers, Principals, Admin Staff and Parents

In the case of a Learner who is not at the time 18 years of age, permission must be sought by that Learner’s parent, tutor, educator, guardian or carer of that Learner before signing up to this website or to use our services.

Study Space does not and cannot control the content of students, parents, teachers; posts, comments by individual users. As such, all users and subscribers release Study Space from all liability unrelated to its actions or omissions which it cannot control and acknowledge that Study Space does not have a duty to take action regarding how that content is interpreted.

Each user accepts that if Study Space becomes aware of any posts, comments, messages, which may be considered inappropriate, upon investigation by Study Space the user at fault of committing offensive behaviour can and will have their accounts suspended restricting access at the discretion of Study Space as Management reserve the right to remove the user immediately without the consent of the user being obtained.

If in the case there are communications deemed inappropriate through messaging on the Application by Study Space management, the matter will be referred to related parties being the Parents, School Management and the Police depending on the severity of misconduct contained within the communication.

Users are responsible for the content they contribute to the Study Space application. Users warrant to keep their registration information accurate, current and private from other users.

Warranties

Each user warrants that all information contained in any application for registration is true and acknowledges that it is their responsibility to advise Study Space within five (5) days of that information changing in any way including, but not limited to, updating email addresses by emailing Study Space.

Each user will ensure that all reasonable steps to prevent the user’s password becoming known to any other person. The user will advise Study Space immediately if the user becomes aware of any unauthorised use of the password.

A Teacher, may use website material for classroom instructional purposes such as projecting or displaying it by means of electronic media or printing resources and distributing it to his or her students. However, the use of Study Space materials by a Teacher, for any purpose other than the instruction of the students in their class at a time when their right to use the website materials is current, will constitute a breach of these Terms.

Each subscriber and relevant user will resolve any claim, cause of action or dispute it has with Study Space arising out of or relating to these Terms of Study Space exclusively in the State of New South Wales, Australia, and agrees to submit to the exclusive jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New South Wales will govern these Terms, as well as any claim that might arise between you and Study Space, without regard to conflict of law provisions.

Each user, subscriber agrees to indemnify and not hold Study Space, its Directors, affiliates, officers, agents, employees, contractors and partners harmless from and against any and all claims, liabilities, damages, losses and legal costs arising from or in any way related to any third party claims relating to (a) the user’s and/or subscriber’s use of Study Space services by a subscriber/user, (including any actions taken by a third party using the user’s or subscriber’s account), and (b) breach of these Terms. In the event of such a claim, suit or action (Claim), we will provide notice of the Claim to the contact information we have for your account (failure to deliver will not eliminate your indemnification obligations contained herein).

Each user, subscriber acknowledges that circumstances may exist where damages are not an appropriate remedy and Study Space is entitled to obtain injunctive relief.

If at any time a user, subscriber or relevant user is referred through to our website to any other publication or information source, that referral will be made by Study Space in good faith. However, Study Space accepts no responsibility for any error in the information supplied through its own content or by another publication or source.

Users may start with a free trial. The free trial period may vary time to time and is at the discretion of Study Space management or as otherwise specified during sign-up and is intended to allow new users to try the service.

Free trial eligibility is determined by Study Space at its sole discretion and Study Space may limit eligibility or duration to prevent free trial abuse. Study Space reserve the right to revoke the free trial and put your account on hold in the event that Study Space determine that you are not eligible.

As part of your Billing Cycle the Subscription fee and any other charges you may incur in connection with your use of the web app, such as taxes and transaction fees, will be charged according to Subscription selected.

On commencement of a Parent Subscription, the payment amount in the initial month may vary as it will be a pro rata amount depending on the day of the month and how many days are contained in that month, in the following month subscription fees will apply as advertised on the website and web app.

Teacher Subscription is paid upfront through the application and may incur transaction fees. Teacher Subscriptions are for one year from the time of subscription the Teacher will have one year to use the Study Space app.

School Subscriptions may have a free trial period, once the trial period ends payment must be paid to continue to have access to the School Portal.

Following any update, as a user, you authorise Study Space to continue to charge your account in case your primary Payment Method is declined or no longer available to Study Space for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, Study Space may suspend your access to the service until it is successfully charged through a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

You can cancel your Subscription at any time, and as user you will continue to have access to the app until Study Space processes your account to be unsubscribed.

To the extent permitted by the applicable law, payments are non-refundable and Study Space do not provide refunds or credits for any partial-month membership periods or unwatched content. To cancel, you can select the unsubscribe button of a specific child in the parent dashboard and your account will be closed by Study Space. As for a Teacher Subscription and School Subscription both expire one year after commencement and it is at the users discretion to renew the Subscription.

Prices and Subscription Plans may change and as such subscription plans and prices of the Study Space service from time to time; however, any price changes or changes to our subscription plans will apply to you with notice provided accordingly.

There are three products on Study Space Web Application:

(1) Parent Monthly Subscription (2) Yearly Teacher Subscription

(3) Yearly School Subscription

The terms and conditions for each product vary. Please ensure you read the section that is relevant to you.

The subscription allows a student to access the Student Dashboard and the current video lessons available at the time of subscribing. A subscription may be obtained through the sign up and parent dashboard. Subscriptions commence immediately. Subscriptions automatically renew at the end of the year, elevating the student user to the next schooling year, unless the subscription is cancelled or changed by Study Space.

Credit/Debit card is the accepted method for Parent and Teacher Subscription payments for subscriptions.

Bank Transfer is the preferred method for School’s to make Payment to have Subscriptions activated.

Parent and Teacher payments are processed through Stripe’s secure payment gateway. Study Space does not directly collect or store any credit card information.

Each subscriber (on its own behalf and on behalf of the relevant user) acknowledges that Study Space will collect personal information about subscribers and users which is disclosed for the purposes of the operation of the website and provision of its services and authorises Study Space to do so.

Study Space may terminate its arrangements with a subscriber or user immediately if at any time a subscriber or user is in breach of the subscriber’s or user’s obligations (including as a result of some act or omission witnessed by Study Space, by the subscriber, user or third party).

Parent Subscriptions automatically renew at the end of each month, unless the subscription is cancelled or changed.

Study Space website and application may contain links to third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, Study Space do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Each subscriber and/or user acknowledges that Study Space is entitled to terminate its arrangement with the Subscribers and Users for cause if there has been a breach of these Terms or otherwise there is a risk of possible legal exposure for Study Space. The user in question will be notified via email or the next time an attempt is made to access the account.

Each subscriber and/or user acknowledges that termination for any reason will not entitle the subscriber to a refund of any payments made to Study Space prior to the date of such termination.

Any notice given under these Terms must be in writing. Notices given to Study Space should be forwarded to info@www.studyspace.com.au and notices to be given to a subscriber or user will be forwarded to the email address specified in that person’s registration.

Study Space will not provide any form of a refund to any subscriber payments upon receipt of a written submission from the subscriber that the website or services do not deliver that which they claim to provide.

Refunds will not be given where the subscriber is using systems other than those identified or where the subscriber is misusing the system.

Any Subscriber and Users must not do any act that Study Space would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website and application, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using this website to defame or libel Study Space, it’s Director’s, employees or other individuals;
• uploading files that contain viruses that may cause damage to our website, web app, property or the property of other individuals; or
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If Study Space allow you to post any information to our website, web app Study Space have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, Study Space make no warranties or representations about this website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

Study Space reserve the right to restrict, suspend or terminate without notice your access to this website, any content, or any feature of this website, web app at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Study Space reserves the right to alter its product and pricing systems at any time.

By creating an Account, you agree that Study Space may send you emails, text (SMS) messages as part of the normal business operation of your use of it’s Services.

Study Space may, in it’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Study Space establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

(i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form, social media or otherwise), unless expressly permitted by Study Space; (iii) may be disabled by Study Space at any time for any reason without liability to Study Space; (iv) may only be used pursuant to the specific terms that Study Space establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Study Space reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Study Space determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code conditions or these Terms.

You agree to use Study Space, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Study Space Web app; use any robot, spider, scraper or other automated means to access the content; decompile, reverse engineer or disassemble any software or other products or processes accessible; insert any code or product or manipulate the content in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Study Space, including any software viruses or any other computer code, files or programs.  Study Space may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the web app.

The quality of the display of Study Space content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Visual and audio quality availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD or Ultra HD and not all plans allow you to receive content in all formats.  If you find quality of content is lowered, you may have too increase connection speed, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher).

You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching Study Space lessons will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected.

The Study Space web app software is developed by Study Space, and for, Study Space users. This web app may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses.