Terms of Service

 

Last updated 27 August 2024

1. Introduction

Welcome to Grossard Education Pty Ltd! Please carefully read the following, which should take approximately 20 minutes.

These Terms of Service ("Terms", " Terms of Service") govern your use of Mappen and Tudio, via https://getmappen.com and https://tudio.com, operated by Grossard Education Pty Ltd.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://getmappen.com/privacy.

Your agreement with us includes these Terms and our Privacy Policy (" Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use Mappen or Tudio, but please let us know by emailing at info@getmappen.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Mappen or Tudio.

2. Communications

By creating an account or subscription to Mappen or Tudio, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may unsubscribe from any or all of these communications at any time.

3. Purchases

If you wish to purchase any product or service made available by Grossard Education Pty Ltd, such as Mappen or Tudio, ("Purchase"), you may be asked to supply certain information relevant to your organisation.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through Mappen and Tudio may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Access to Mappen and Tudio are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on an annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, request a change of conditions, or Grossard Education Pty Ltd cancels it. You or your team’s Coordinator may cancel your Subscription renewal either through your online account management page or by contacting Grossard Education Pty Ltd customer support team on support@getmappen.com.

A valid payment method is required to process the payment for your Subscription. You shall provide Grossard Education Pty Ltd with accurate and complete billing information including full name and valid payment information. By submitting such payment information, you automatically authorise Grossard Education Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Grossard Education Pty Ltd will issue an electronic invoice requesting full payment corresponding to the billing period as indicated on the invoice, within a specified timeframe, after which the Subscription will be cancelled if no payment is received.

6. Fee Changes

Grossard Education Pty Ltd, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Grossard Education Pty Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Continued use of Service after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds

Except when required by law, paid Subscription fees are non-refundable.

8. Content

Mappen and Tudio allow you to post, link, store, share and otherwise make available certain documents, text, attachments or other material ("Content"). You are responsible for Content that you post on or through Mappen or Tudio, including its legality, reliability, and appropriateness.

By posting Content on or through Mappen or Tudio, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Mappen or Tudio does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Mappen or Tudio and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Mappen or Tudio. However, by posting Content using Mappen or Tudio you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Mappen or Tudio. You agree that this license includes the right for us to make your Content available to other users of Mappen or Tudio, who may also use your Content subject to these Terms.

Grossard Education Pty Ltd has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through Mappen or Tudio are the property of Grossard Education Pty Ltd or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

9. Subscription quantities and Fair Use Policy

Grossard Education Pty Ltd, under the brands Mappen and Tudio, offers:

a) individual subscriptions. Individual subscriptions are for use with one classroom only.

b) multi-classroom subscriptions. Multi-classroom subscriptions are billed based on the number of classrooms benefitting from MAPPEN - not based on the number of required logins.

While we provide flexibility at our discretion for logins to be utilised by more than one educator on occasion (for example by casual relief or job sharing teachers managing a single classroom) it is not considered fair use for subscription numbers to be purchased for one individual (for example, a Learning Specialist or Team Leader), where the benefit of use extends to multiple classrooms or year groups. For example, four Learning Specialists or Team Leaders with responsibility for (and intention to use MAPPEN in) three classrooms each amounts to a 12-classroom license.

Grossard Education Pty Ltd periodically monitors the use of account logins and content access in order to assess infraction of this Fair Use Policy. If infraction is determined, we reserve the right to cancel access immediately and terminate a subscription without refund.

10. Prohibited Uses

You may use Mappen and/or Tudio only for lawful purposes and in accordance with Terms. You agree not to use Mappen or Tudio:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To impersonate or attempt to impersonate Grossard Education Pty Ltd, a Grossard Education Pty Ltd employee, another user, or any other person or entity.

(d) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(e) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Mappen or Tudio, or which, as determined by us, may harm or offend Grossard Education Pty Ltd, or users of Mappen or Tudio, or expose them to liability.

Additionally, you agree not to:

(a) Use Mappen or Tudio in any manner that could disable, overburden, damage, or impair the service, or interfere with any other party's use of Mappen or Tudio, including their ability to engage in real time activities through the service.

(b) Use any robot, spider, or other automatic device, process, or means to access Mappen or Tudio for any purpose, including monitoring or copying any of the material on Mappen or Tudio.

(c) Use any manual process to monitor or copy any of the material on Mappen or Tudio or for any other unauthorised purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of Mappen or Tudio.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of Mappen or Tudio, the servers on which Mappen or Tudio operate, or any server, computer, or database connected to them.

(g) Attack Mappen or Tudio via a denial-of-service attack or a distributed denial-of-service attack.

(h) Take any action that may damage or falsify Grossard Education Pty Ltd’s rating.

(i) Otherwise attempt to interfere with the proper working of Mappen or Tudio.

11. Accounts

When you create an account or Subscription with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Mappen or Tudio.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with Mappen or Tudio, or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

12. Intellectual Property

Mappen or Tudio and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Grossard Education Pty Ltd and its licensors. Mappen and Tudio are protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Grossard Education Pty Ltd.

13. Links To Other Websites

Mappen and Tudio may contain links to third party web sites or services that are not owned or controlled by Grossard Education Pty Ltd.

Grossard Education Pty Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Grossard Education Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

14. Disclaimer Of Warranty

The Mappen and Tudio services are provided by Grossard Education Pty Ltd on an "as is" and "as available" basis. Grossard Education Pty Ltd makes no representations or warranties of any kind, express or implied, as to the operation of Mappen and Tudio, or the information, content or materials included therein. You expressly agree that your use of Mappen and Tudio, their content, and any services or items obtained from us is at your sole risk.

Neither Grossard Education Pty Ltd nor any person associated with Grossard Education Pty Ltd makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Grossard Education Pty Ltd nor anyone associated with Grossard Education Pty Ltd represents or warrants that the Mappen or Tudio services, their content, or any services or items obtained through them will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the services or servers that makes it available are free of viruses or other harmful components, or that the services or items obtained through the Mappen or Tudio will otherwise meet your needs or expectations.

Grossard Education Pty Ltd hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

15. Limitation Of Liability

Except as prohibited by law, you will hold Grossard Education Pty Ltd and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including legal fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if Grossard Education Pty Ltd has been previously advised of the possibility of such damage.

Except as prohibited by law, if there is liability found on the part of Grossard Education Pty Ltd, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

16. Termination

We may terminate or suspend your account and bar access to Mappen or Tudio immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you must email our customer service team at info@getmappen.com.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Victoria, Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Mappen or Tudio and supersede and replace any prior agreements we might have had between us regarding Mappen or Tudio.

18. Changes To Services provided by Grossard Education Pty Ltd

We reserve the right to withdraw or amend services provided by or via Grossard Education Pty Ltd, such as Mappen and Tudio, in our sole discretion without notice. We will not be liable if for any reason all or any part of Mappen or Tudio is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of Mappen or Tudio to users, including registered users.

19. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically as your continued use of Mappen or Tudio following updates to these Terms constitutes acceptance and agreement to the changes. If you do not agree to updated Terms, you are no longer authorised to use Mappen or Tudio.

20. Waiver And Severability

No waiver by Grossard Education Pty Ltd of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Grossard Education Pty Ltd to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

21. Acknowledgement

By using Mappen or Tudio or other services provided by Grossard Education Pty Ltd, you acknowledge that you have read these Terms of Service and agree to be bound by them.

22. Third Party Services

On occasion, Mappen or Tudio will redirect users to third party sites. Below is a non-exhaustive list of the terms of service for using said sites:

23. Contact Us

Please contact us with any questions, comments, or requests for technical support to info@getmappen.com or via our Contact page.

 

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