2. Acceptance of conditions
By accessing the Gifted Children Australia Platform, you accept all Terms outlined in this document without limitation or qualification.
Your access and use of the Gifted Children Australia Platform is conditional on your acceptance of, and compliance with, these Terms. If you do not agree to these Terms, then you may not access or use any Gifted Children Australia technology or content.
Gifted Children Australia may change, modify, add, or remove any part of these Terms; or change, modify, add to, or remove, any technology, content, or any other aspect of the Platform without notice or liability.
While we will make reasonable efforts to inform you of changes to the Platform and Terms, it is your responsibility to regularly check these Terms to ensure you are familiar with their current form.
Your continued use of the Platform constitutes acceptance of any changes to the Terms.
Consent is either:
- your own consent if you are legally able to consent in your country of residence; or
- the consent of a parent or guardian (for instance, if you are under the Age of Consent as defined in Section 6.1); or
- the consent of a Teacher on behalf of you, or your parent or guardian.
Institution: A school, homeschool, college, university, other higher education institution, business, or other organisation at which students can be enrolled to study.
Teacher: A teacher is an employee or contractor of an Institution employed to educate and/or manage students, including teachers, tutors, lecturers, course coordinators and Institution administrators.
Verified Teacher: A Teacher whose role at an Institution has been verified and confirmed by the Institution. A Teacher may be verified at multiple Institutions.
You are not required to register to use the Gifted Children Australia Platform. However, some functionality and content in the Platform is only available to Registered Users.
Registered Users may have access to different functionality or content depending on their role. For example, teachers have access to additional content and student management functionality.
Registered User accounts must not be shared between multiple users or transferred to another user by updating the account details in the platform.
6.1. Age of Consent
Residents of the United States of America and its territories, the European Union, and the European Economic Area, must be at least the age of consent to create their own Registered User account.
The age of consent varies across countries. In the United States and Territories of America and the European Union, as of 25th May 2018, thes ages are:
Age 16 years: Croatia, France, Germany, Hungary, Lithuania, Luxembourg, Malta, Romania, Slovakia, The Netherlands
Age 15 years: Czech Republic, Greece, Slovenia
Age 14 years: Austria, Bulgaria, Cyprus, Italy
Age 13 years: Belgium, Denmark, Estonia, Finland, Ireland, Latvia, Poland, Portugal, Spain, Sweden, United Kingdom, United States of America and its territories.
If a resident is not over the Age of Consent, we require the consent of a parent or guardian to create a Registered User account.
6.2. Parent or guardian consent
You warrant you have the authority to consent to our Terms on their behalf as a parent or guardian, or are acting on the authority of their parent(s) or guardian(s).
6.3. Registering users who are under their Age of Consent
6.4. Registering users who are over their Age of Consent
This may include the automatic creation of a Registered User account through single sign on (SSO) integration or learning tools interoperability (LTI) with learning management systems.
Some Gifted Children Australia technology and content is only available with a paid Subscription. Subscriptions are valid for 365 days from the date of purchase, unless otherwise specified.
Subscriptions may only be purchased for Registered Users. A Subscription cannot be shared with, or transferred to, another Registered User.
Subscriptions may only be purchased for the non-commercial educational purposes of the Registered User, unless otherwise authorised in writing by Gifted Children Australia.
8. Access rights
Unless explicitly released under another license, all content in the Gifted Children Australia Platform is for non-commercial use only, unless otherwise authorised in writing by Gifted Children Australia.
We are constantly working to improve our technology and content. As such, we reserve the right to add, change, modify, or remove content or technology at any time.
Users are responsible for protecting the confidentiality of their access credentials (their login and password). Please contact us if you suspect unauthorised use of your account.
9. Termination of access
Any user who does not comply with these Terms, or who uses the Platform in a manner deemed to be inappropriate (“Misuse”), or who engages in unlawful behaviour, may have their access to the Gifted Children Australia Platform revoked.
Misuse includes, but is not limited to, behaviour which infringes on the privacy, security, property or other rights of another person, or that is abusive, offensive or defamatory.
Misuse also includes, but is not limited to, actions that degrade or disrupt the operation of the Gifted Children Australia Platform, including denial of service, accessing the Platform or a user’s account without authorisation, or attempting to manipulate a user’s record of progress.
10. Linked material available on third-party websites
The Gifted Children Australia Platform may contain links to third party sites over which we have no control. These links are provided as a convenience only, and do not imply endorsement of any third party content.
Gifted Children Australia is not responsible for the use, effect or content on any linked third-party site. You agree that access to links to any third-party site is at your own risk.
The content in the Platform is © Gifted Children Australia 2020 to present, unless otherwise indicated.
The copyright material in the Platform is subject to the Australian Copyright Act 1968 (Cth) and is owned by Gifted Children Australia or, where indicated, a party other than Gifted Children Australia.
Some content within the Platform is provided under specific usage licenses where indicated, for example Creative Commons Attribution 4.0 International.
12. Our Intellectual Property
All content in the Gifted Children Australia Platform, including without limitation all materials displayed on or produced through the Platform, including information, text, images, photographs, graphics, illustrations, audio, music, video, software and documentation, logos, trademarks, icons, and the design of this Platform belong to us, or our partners, and are protected by copyright, unless otherwise indicated.
You may not copy, edit, modify, adapt, reproduce, republish, redistribute, resell or upload this content to a third-party, and may not sub-license any of these materials to others, without explicit permission in writing from Gifted Children Australia.
You may view, download, display, print, reproduce (such as by making photocopies) and distribute our content in unaltered form only for your personal educational purposes or for the educational purposes of your organisation, provided that you attribute Gifted Children Australia as the source of the content and make it clear that the content can only be used for these purposes.
In some cases content on the Gifted Children Australia platform is identified as being developed by a partner organisation. In these cases, this content is owned by that organisation and is governed by the partner organisation’s copyright and usage license.
13. Your Intellectual Property
Gifted Children Australia may use, adapt, copy, reproduce, or publish your de-identified user submissions (including competition entries) for analytics, education, or marketing purposes.
You hereby grant Gifted Children Australia all rights to any submissions you make on the Gifted Children Australia website, without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you, unless otherwise agreed.
The content available on the Platform is made available by Gifted Children Australia as an information source only.
Gifted Children Australia has compiled the content on this Platform in good faith and has endeavoured to ensure that all content is accurate and does not breach any entity’s rights at the time of its inclusion. However, the material may contain unintentional errors and is provided ‘as is’.
You acknowledge and agree that you will make your own enquiries to determine whether information you obtain through the website is current, complete and accurate before using it.
We do not warrant or guarantee:
- that you will be able to use the Platform at any time; or
- that your use of the Platform will be continuous, uninterrupted, secure or error-free.
We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website.
You acknowledge and agree that your access to, and use of, the Platform is at your own risk.
To the maximum extent lawful, Gifted Children Australia:
- excludes all warranties, representations, guarantees, conditions, rights, remedies, liabilities and any other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), the exclusion of which would contravene legislation or cause any part of this clause to be void in respect of this website and the material contained on it; and
- excludes all responsibility and liability for:
- any loss or damage, however caused, resulting from your use or inability to use this website or the material; or
- any incidental, special or consequential damages arising from the use or inability to use the website or the material contained on it.
Where liability cannot be lawfully excluded, the entire liability of Gifted Children Australia is limited to the amount of the fees paid by you during the twelve (12) month period prior to the cause of action.
The Platform uses the Internet to provide services and information. By using the Platform, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your device.
We do not warrant or guarantee the security of the Platform. You are solely responsible for the security of your device (including any data stored on your device) and for using appropriate and up-to-date software on your device to detect and manage the threat posed by viruses and other harmful code.
17. Competitions and events
From time to time, Gifted Children Australia may run competitions or other events. These may be subject to additional terms, conditions, and rules that will be made available at the time of the competition or event.
By entering into or participating in competitions or events, you agree to comply with and be bound by these general conditions and any such additional terms, conditions, and rules:
- Final results of competitions will be determined by Gifted Children Australia
- The competition leaderboard does not determine the final result
- Participants who do not comply with competition conditions may be disqualified
- Participants who misuse competition materials or who act in an inappropriate manner may be disqualified
- Gifted Children Australia has the right to share or publish any competition submissions, at any point during or after the competition.
18. Other terms
19. Governing law