By accessing or otherwise using the Website or Service you are deemed to have accepted these Terms, which shall form a binding agreement between you and us.
In these Terms:
Spellcaster, we, us and our means Spellcaster Education Limited, a company incorporated in Dunedin, New Zealand (the provider of the Service), and
Educator, you or your means the School or Private User who uses the Service and is the holder of the Account.
All other capitalised terms not otherwise defined have the meaning given to them in clause 17.
If you wish to access and use the Service, you must:
Subject to your compliance with these Terms (including the eligibility requirements in clause 1.1), we grant you a limited, non-exclusive, non-transferable licence to access and use the Service strictly in accordance with these Terms.
If you are a School, you may authorise any of your personnel to be an Authorised User. Only your Authorised Users may access the Service on your behalf.
If any of your Learners are under the age of 13, express consent for that Learner to access and use the Service must have been obtained from the Learner's parent or legal guardian prior to you allowing such Learners to access the Service.
You must ensure your Authorised Users comply with these Terms. You shall be responsible (and liable) for any failure of any of your Authorised Users to comply with the Terms (as if it were a breach by you of the Terms).
You can find common solutions to any technical problems you encounter on the Website or Service by clicking the 'Help' link on our Website. For any further support, please contact us at rupert@spellcaster.education.
You agree:
You may not access the Service if you are a direct competitor of ours, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
If you use the Service, you must pay the associated Fees (in full, without any set off or deduction). All Fees are as detailed on the Website (as updated from time to time), unless otherwise expressly agreed in writing between you and us. Your fees will be increased annually upon renewal of your subscription under clause 11.1.
Fees are payable to us annually in advance, unless you have a "small" plan and have chosen to pay monthly in advance.
You can make a change to the plan you are on; the new rate will be applied from the start of your next annual billing cycle. Refunds will not be given for any change to your plan or cancellation of the Service throughout your billing cycle.
Unless agreed otherwise by us, payment of your Fees must be made via credit card and you must keep your credit card details up to date in your Account.
Credit card transactions are securely processed by Stripe, a third party payment processor, and are subject to Stripe's Terms of Service (available at stripe.com/us/legal). Stripe is solely responsible for such transactions and we exclude all liability for such transactions to the extent not restricted by law. Stripe maintains administrative, technical, and physical procedures to protect information stored on its servers, as outlined within its privacy policy available at stripe.com/us/privacy.
If you do not make payment of your Fees by the due date for payment (including where a payment from your credit card has been declined) we may cancel your Account immediately.
We may offer you a free trial of the Service through the Website. Any free trial offered by us will commence on the day that we make the trial service available to you and will end on the last day of the trial period specified on the Website.
At the end of a trial period, we will disable your access to the Service (and will delete your Data), unless you become a registered user of the Service on a paid basis. Services provided during any trial period are supplied on an "as is, where is" basis, and as such any warranties given by us in these Terms do not apply.
We will take all reasonable steps to ensure that the Service functions as intended. However, you acknowledge that your access to the Service and the Website may be disrupted as a result of a malfunction, updating, maintenance or repair of the Website or Service or for any other reason within or outside our control.
To the extent permissible at law, we shall not be liable for any loss or damage caused or suffered (by you, your Authorised Users) as a result of any partial or total breakdown of, or inability to use, the Service or Website. We will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website or the Service.
You agree that use of the Service is at your own risk and that we do not warrant that the Service or Website will meet your specific requirements, or that use of the Service or Website will be uninterrupted, timely, secure, or error-free. Our obligation in clause 5.1 is in lieu of all other warranties in respect of the Service and Website. To the maximum extent permitted under applicable law, all other warranties, conditions and representations, whether express, implied or verbal, statutory or otherwise, and whether arising under these Terms or otherwise, are excluded (including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose).
You agree that, if you have acquired the Service for the purposes of a business, the guarantees provided under the New Zealand Consumer Guarantees Act 1993 (and/or any other applicable consumer legislation in the jurisdiction in which the Service is being accessed) do not apply.
Title, copyright and all other proprietary rights in the Website, the Service, the Content, any software or intellectual property used by us to develop and provide the Service, and any associated updates or documentation (and all parts and copies thereof) will remain with us.
If you provide us with ideas, comments or suggestions relating to the Website or the Service (together feedback):
As between you and us, all Data will be (and will remain) owned by you. However, you grant us a licence to access, use and disclose all Data for the purposes of providing the Service and otherwise exercising our rights under these Terms, enhancing and developing the Service and Website and communicating with you about the Service and any other matters that may be of interest. We may also disclose Data (including Personal Information) in connection with a proposed purchase or acquisition of our business or assets, where required by an applicable law or any court, or in response to a request by a legitimate law enforcement agency.
You also grant to us a non-exclusive irrevocable license to copy, anonymize, aggregate, process and display Data to derive anonymous statistical and usage data, and data about the functionality of the Service and Website, provided such data cannot be used to identify you or your Authorised Users (Anonymous Data), for the purposes of combining or incorporating such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, licensees, users, or otherwise (when so combined or incorporated, referred to as Aggregate Data). We will own all right, title and interest in Aggregate Data.
You warrant and represent that:
You are solely responsible for maintaining a copy of all of your Data. We have in place for our own purposes policies and procedures to prevent data loss (and recovery) but do not make any guarantee around loss of Data.
We will make every reasonable effort to keep your Data secure. We will not disclose your confidential information except:
Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use the Service and Website at your own risk, and you should only proceed to use the Website and/or the Service if you accept this condition.
You will be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify us immediately of any unauthorised use of your Account, or other breach of privacy or security.
We collect and process your Personal Information and Personal Information of your Authorised Users when you (or your Authorised Users, as applicable) access or use the Website or the Service. In order to provide you with the Service (and improve on it), we may also collect certain information about the performance of the Service and Website, and your (and your Authorised Users') use of them.
By agreeing to these Terms, you also agree to the way we handle your (and your Authorised Users' and Learners') Personal Information under our Privacy Policy. Our Privacy Policy forms part of these Terms.
You must:
You agree to indemnify us against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered by us as a result of or in connection with any:
In no event or circumstances shall the Educator or Spellcaster be liable to any person, whether in contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, data or anticipated revenue.
To the extent permissible at law our total liability for any loss arising from or in connection with these Terms, the Website, the Service and the Content, will not in any circumstances exceed (in aggregate) the Fees paid by you in the first 12 months of the term of your agreement with us.
Your subscription for the Service will automatically renew on an annual basis. We will provide you with notice of your upcoming renewal.
You may cancel your Account at any time by providing no less than 30 days' notice of cancellation to us. If you provide notice of cancellation to us within the first 14 days of your subscription, we will refund all fees paid in advance by you prior to such cancellation.
We may suspend or terminate your Account (and access to the Service) at any time if we reasonably suspect you have breached these Terms or we consider it necessary or desirable to do so to protect our interests or reputation or the interests of any other person.
Upon termination of your Account (for any reason):
Any termination will be without prejudice to any prior breaches by you of these Terms; and, any provision of these Terms intended to survive termination shall survive.
We may suspend access to the Service at any time:
The Website and Service may provide links to other sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we:
These Terms shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts for any matter arising under or relating to these Terms.
You must not transfer, assign or sub-license your rights or obligations under these Terms without our consent.
In these Terms, the following terms have the following meanings:
Account means an account within the Service registered by an Educator and enabling the Educator to use the Service.
Authorised Users means any of your personnel or representatives that you have authorised to access the Service on your behalf, but excludes Learners.
Content means content, materials, data or other information (including trademarks, logos, designs, graphics, pictures, images, text or code) made available to you (or your Authorised Users) via the Service, but excludes any Data.
Data means any data or information that you (or any of your Authorised Users) upload into (or otherwise make available via) the Service, the Website or any other interactions that you or any such person has with us or you, and includes all Learner Data.
Data Privacy Laws means the data protection and privacy laws applicable to the processing of Personal Information that we are legally obliged to comply with, including the Privacy Act 2020 (New Zealand) and any other applicable privacy laws that we are legally obliged to comply with, including (if applicable) the Australian Privacy Act 1988 (Cth).
Educator means a School and/or a Private User.
Fees means the fees payable by you to access and use the Service, as detailed on the Website.
Learners means the learners or students listed on your Account.
Learner Data means all information relating to a Learner inputted by an Educator into the Service or otherwise supplied by the Educator to Spellcaster.
Personal Information means information about an identifiable individual, or an individual whose identity can be reasonably ascertained, from that information.
Privacy Policy means our privacy policy as updated from time to time and published on the Website.
Private User means a private tutor, home school parent, or home school group, who has registered for an Account.
School means an educational institution providing a learning environment for students under the direction of teachers or a professional private practice providing educational services and registered as a company or charity who has registered for an Account, but does not include a Private User.
Service means the online structured literacy platform developed by Spellcaster and made available to Educators and Learners via the Website.
Terms means these terms of service and the Privacy Policy.
Website means the website at spellcaster.education through which the Service may be accessed by you, including parts or features of that website that can be used or accessed without requiring registration or logging into.
Start typing to search the documentation