Terms & Conditions

INTRODUCTION

Welcome to Skooville the social network that provides children 6-14 years with a fun and secure experience, educating them how to be safe and responsible cyber-citizens.

Skooville (previously SuperClubsPLUS - www.scplus.com) was designed and created and is owned by Intuitive Media Australia (IMA), referred to as "we", "us" or "our" in these Terms as appropriate.

  1. Skooville is available through the website at Skooville (Skooville.com). Additional or alternative versions of Skooville may be made available through other digital channels or devices from time to time. These Terms, our Privacy Policy ("Privacy Policy") and other documents mentioned in these Terms apply to all versions of Skooville, without limitation.
  2. These Terms, our Privacy Policy and any other documents mentioned in them apply to your use and/or your children's or students' use of Skooville (whether accessed through Skooville or any other channel) and any services or content made available through Skooville. Please read these Terms carefully, as they affect your rights and liabilities. Please ensure you understand them before using Skooville. You may download and print these Terms.
  3. You will be agreeing to these Terms, insofar as they are applicable, by your use of Skooville. If you do not want to be bound by these Terms please do not access Skooville or allow your children or students to do so. If you have any questions relating to these Terms, please contact us directly (http://www.Skooville.com/#contact).
  4. Like many online services, we make use of cookies, a small data file that is sent to your browser from IMA's web server and stored on your device such as a computer, ‘smart phone' and tablet computer. Our use of cookies is solely to help with the functioning of Skooville. For example we use cookies to track the pages you visit in Skooville, how long you spend on those pages during each visit or session and what you might do on those pages, such as playing a game. None of the cookies used by Skooville collect any personally identifiable information about you. By agreeing to these Terms, you are providing your consent for us to use cookies in these ways.
  5. By accessing this web site you agree to be bound by these Terms, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you should not access Skooville.
  6. All content and materials contained in Skooville are protected by applicable copyright and trademark laws.

ACCESS TO Skooville

  1. Skooville is designed for users aged 6-14 years. Of course, you may still choose to use Skooville if you are younger than this.
  2. The safety and privacy of all users under the age of 18 ("Minors") is important to us. If you are a teacher, parent or guardian, please read these Terms carefully together with our Privacy Policy and ensure you are aware of and agree to, our conditions of use before you allow someone in your care to access Skooville.
  3. If you are a Minor please ensure you have your parent's, guardian's or teacher's permission to access Skooville. You should also read these Terms with your parent or guardian and make sure you understand and agree to them.
  4. We request a minimal amount of personal information from each non-adult user of Skooville, including first name, month and year of birth and school name. This information is required for the purpose of authenticating and protecting each user.
  5. Access to the Skooville will only be granted on receipt of full and accurate registration information. Any registration data that you submit to Skooville will be used within the law and in accordance with our Privacy Policy.
  6. We will issue a Username and Password to each user for the purpose of accessing Skooville. Usernames and Passwords may be issued on behalf of children and students, to their Sponsor. A Sponsor may be a Teacher, Principal, Head Teacher or another member of the Community that we deem to be an appropriate person to act as a Sponsor. In this case, a Sponsor is fully responsible for the security of their children's and/or students' Usernames and Passwords.

PERSONAL INFORMATION

  1. We take your privacy very seriously. Please read our Privacy Policy to see how the personal information you provide is used and dealt with and particularly what happens to any of your personal information once you have decided to discontinue your use of Skooville.
  2. The personal information requested from each user of Skooville is limited to first name, month and year of birth and that user's current school name. This information is used for the sole purpose of authenticating and protecting the users in the Skooville community.
  3. We reserve the right to vary the nature and/or the amount of personal information that we collect from you, your students or children for authentication and security purposes, without notice or explanation.

LINKING TO AND FROM Skooville

  1. You acknowledge that Skooville may include links to third party websites. These links may be provided by us or by our users or by our partners. We do not necessarily review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability.
  2. We do not therefore endorse or make any representations about them, or any content found there, or any results that may be obtained from using them.
  3. If you decide to access any of these third party websites, you do so at your own risk.
  4. If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.
  5. You may link to the Skooville landing page located at Skooville.com providedthe homepage is not loaded into frames on your website, unless we otherwise expressly agree; and,your site or service does not misrepresent its relationship with us or present false information about us.
  6. We reserve the right to withdraw linking permission at any time without prior notice or explanation.

YOUR RELATIONSHIP WITH Skooville

  1. As a parent, guardian or teacher, you are entirely responsible for the safety and well-being of your children or students when they are using Skooville, its content and its services.
  2. You are responsible for the appropriateness and legality of any content you, your children or your students upload to the site and for ensuring this content meets the requirements of the Skooville Guidelines ("Guidelines") and Skooville Rules (“Rules”). You should refer to these Guidelines to ensure your safe and responsible use of Skooville.
  3. We reserve the right to change or remove without notice or explanation, any content we consider inappropriate or a danger to, or that may be unsuitable for, other members of Skooville; or content that we consider is or may be, illegal or in breach of the Guidelines and/or the law.
  4. Communications between Skooville users will NOT be private, and will be automatically scanned by computer software for inappropriate language and content and also monitored by Moderators appointed by us or our licensors or partners; and all communications will be recorded and saved on the Skooville servers and made available to the relevant authorities if requested for an investigation of potential illegal and/or inappropriate behaviour or activity.
  5. To protect all member users of Skooville, we may at our sole discretion suspend or terminate any account at any time, without notice or explanation.
  6. We may contact you by email or telephone for the purpose of informing you about Skooville, for marketing and promotion of Skooville and if there is a concern or problem with your own account or that of a student or child in your care. We may also contact you if there is a need to authenticate or administer an account, such as deleting or changing it.

INTELLECTUAL PROPERTY AND COPYRIGHT

  1. All of the content on Skooville is owned by and all copyright, trademark and other intellectual property rights in that content shall at all times remain vested in, us or our partners or licensors and is protected by Australian and international copyright and other intellectual property laws.
  2. Our content includes any information or other material found on or relating to Skooville, including text, databases, graphics, video, software and all other features on Skooville.
  3. You may download any page, graphic, image, audio file, document or video from Skooville onto a hardware device or print copies of such pages or documents; or view any videos or images provided this use is educational, non-commercial and that you keep intact all and any attributional, copyright and proprietary notices and do not edit the same. Apart from that, none of our content may be republished, repurposed, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
  4. Any of the trademarks appearing on Skooville are owned by us or our licensors or partners including the term ‘Skooville' as well as the Skooville logo.
  5. No permission is given in respect of the use of any of these brands or marks and any such use may constitute an infringement of the holder's rights.
  6. Any and all content uploaded by a user for inclusion in the Skooville website is the sole property of that user. Upon uploading content to Skooville, the user gives us permission to use and adapt these materials for publication on the Skooville website and also to use these freely for educational, promotional and commercial purposes.
  7. Where the content uploaded by a user for inclusion into Skooville is not the sole property of that user, that user will have permission to use and adapt these materials for publication on Skooville.
  8. We take no responsibility whatsoever for the legality, validity, appropriateness or accuracy of content on Skooville.

THIRD PARTY SOFTWARE

  1. You acknowledge that you may need to download and activate certain software in order to use certain content provided on Skooville. This software will be clearly identified on Skooville.
  2. To use such third party software or technology you will need to accept the terms of any licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.

DELIVERY

  1. Any dates given in any correspondence or verbally for completion of a service or works of any kind in relation to the use of Skooville are given in good faith. Time of delivery of services shall not be of the essence of any contract nor shall we be under any liability for any delay beyond our control.
  2. We reserve the right to change the specification of Skooville services without notice or explanation.

PROMISES, LIABILITY AND LIMITATIONS

  1. We promise to operate Skooville with reasonable skill and care and to use all reasonable endeavours to correct any faults of which we are aware. We do not make any promises about the availability of Skooville or any services made available through it. In particular we disclaim liability in connection with any technical problems you may experience with Skooville which may result in interruptions to Skooville or the service it delivers, or any bugs or viruses in the Skooville website or any other platform that Skooville is delivered through, the server that makes Skooville available or the content made available through Skooville. It is your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through Skooville are free from bugs or viruses and any other contaminations or harmful properties. The promises contained in this paragraph are in place of all warranties or conditions implied by law.
  2. WE WILL NOT BE LIABLE FOR LOSSES THAT RESULT FROM OUR FAILURE TO COMPLY WITH THESE TERMS THAT FALL INTO THE FOLLOWING CATEGORIES: ANY LOSS OF: INCOME OR REVENUE; BUSINESS; BARGAIN; DATA; PROFIT; GOODWILL; REPUTATION; OPPORTUNITY; WASTE OF MANAGEMENT OR OFFICE TIME; OR ANY INDIRECT, SPECIAL, ECONOMIC OR CONSEQUENTIAL LOSS.
  3. The liability of Skooville for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed $AU 50.00.
  4. While we will use all reasonable endeavours to ensure that Skooville operates fully and effectively we do not warrant that Skooville will be continuously available or error free and our liability in respect of any discontinuity or error in Skooville will be limited to using all reasonable endeavours to correct such discontinuity or error within a reasonable period of an instance of such discontinuity or error being brought to our attention.
  5. Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lockouts, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of our responsibilities under these Terms.
  6. Nothing in these Terms will restrict our liability in respect of your statutory rights, for death or personal injury resulting from our negligence, fraudulent misrepresentation or for any other liability that cannot be limited or excluded by applicable law.
  7. You agree to use Skooville in accordance with these Terms. You agree that you will compensate us (and our employees, agents and/or suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms or any liability we incur as a result of your use of Skooville and/or any other related service we provide; or as a result of any other person using Skooville with your login details.

SEVERABILITY AND VARIATION

  1. By accepting these Terms you agree you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations between us prior to your agreement to these terms and your use of Skooville except as expressly stated in these Terms.
  2. You may not transfer, sub-license or otherwise dispose of any of your rights under these Terms.
  3. No statement, description, information, warranty or recommendation contained in any catalogue, price list, advertisement or communication made verbally or in writing by us or any of our licensees, partners, agents, contractors or employees shall be construed to enlarge, vary or override these Terms in any way.
  4. Any concession or latitude that we might allow to the user, Sponsor, school, teacher, parent or guardian shall not affect the strict rights of Skooville.
  5. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence or contract provided under these Terms.
  6. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
  7. These Terms govern our relationship with you and represent our entire agreement with you.
  8. These Terms do not create any right enforceable by any person who is not a party to this agreement.

JURISDICTION

  1. Skooville is controlled and operated by IMA from its Australian location in Melbourne, Australia. IMA makes no representation that the Services are appropriate or available for use in locations outside Australia. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  2. These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail. Any disputes or claims between us arising out of or in connection with the agreement (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Victoria and of the Commonwealth of Australia. Nothing in this paragraph shall deprive consumers of the right to bring or defend proceedings in their home state nor of the protection afforded to them by the mandatory rules of law of the country in which they live.

NOTICE AND PROCEDURE FOR MAKING COMPLAINTS

  1. If you have any complaints or wish to request further information about Skooville, please refer to our About page in the first instance.
  2. Applicable laws require that some of the information or communications we send to you should be in writing. When using Skooville, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Skooville or IMA web sites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  3. We will not knowingly publish any materials which infringe the copyright of third parties. If you identify any such materials on the Skooville website, you are invited to notify us.

SCHOOL REGISTRATIONS

On registering the students of a school with Skooville, the teacher, principal or headteacher, on behalf of that school, agrees to undertake to:

  • Bring the existence of Skooville to the attention of teachers, students and their parents/guardians.
  • Give permission for its students to use Skooville on the understanding that participation is entirely voluntary and that any student may opt out of any activity if the student, their teacher or principal or parent or guardian so wishes.
  • Add Skooville to its Acceptable Use Internet Policy and/or School Cybersafety or eSafety Policy as a positive and additional notification.
  • Be bound by the Skooville Terms, Privacy Policy, Guidelines and Rules as advised and amended from time to time. The School will promote these documents to its community of teachers and parents/guardians.
  • Accept that we are able to terminate a registered student's account at our discretion without notice and without explanation.
  • Nominate a teacher who has the full and complete authority of the School to represent the School in matters associated with Skooville including but not limited to, issues of child safety and students' online behaviours.

CHANGES TO THESE TERMS AND CONDITIONS

  1. Subject to applicable law, we may change these Terms from time to time. We may notify you of such changes by posting a copy of the changes on Skooville.
  2. Any changes will take effect seven (7) days after the date we post the modified terms on Skooville.
  3. Notifying you of any changes to the Terms in the manner described above, will be deemed to be effective notice of the modified terms.
  4. Please also read about changes and notifications of changes to the way we collect, use and/or share personal information in our Privacy Policy.

CONTACT US

Skooville is owned, hosted and maintained by IMA, an organisation whose charter is to provide innovative, fun and safe social learning environments and activities for the purpose of positively shaping children's behaviours.

Contact IMA at the following email and PO Box address:

PO Box 477 East Melbourne VIC Australia 8002

enquiry@intuitivemedia.com.au

Created: 1 September 2012
Last updated: 30 April 2013