Terms of Service
1. Preliminary
1.1 Definitions
“Account” means a member’s licence to access our service and associated login information (such as a login email and password), as authorised.
“Initial Term” means the period of time starting from the Services Start Date as set out in the Quotation.
“Intellectual Property Rights” means all rights and interests in and to intellectual property, whether registered or unregistered, including but not limited to patents, trademarks, copyrights, trade secrets, and any other rights and interests related to creations of the mind, as recognized and protected under the laws of Australia and all other applicable jurisdictions.
“Member” refers to an individual authorised to use the Website and/or the Service by a School, whether a member of staff of a School, a Student, a Parent or any other authorised user.
“Parent” means a parent or legal guardian of a student as the case may be.
“Services” refers to the services provided through any of our Websites as set out in the Quotation.
“Services Agreement” means the signed agreement between the School and Revision Village.
“Services Start Date” means the start date of the Services as set out in the Quotation.
“School” refers to a school, school district, or institution, which are primary account subscribers to the Services.
“Student” means a student invited to use the Services by a School.
“Quotation” means the signed quotation, setting out the Services, Services Start Date, and Total Fees, provided to the School by Revision Village.
“Websites” includes our website at revisionvillage.com. Use of the term “Website” below means one or more of our Websites, those which you are a Member, and/or use and access.
1.2 These Terms of Service should be read as a whole with the other Terms & Policies, and provide the terms of the relationship between Revision Village and (1) Schools, (2) Members, (3) Students and (4) any other users of the Website. With the exception of a valid signed Services Agreement and Quotation between a School and Revision Village, nothing outside the terms published in our Terms & Policies shall constitute part of any agreement between Revision Village and you relating to your use of the Services. Any previous version of the Terms of Service is superseded by these Terms of Service.
1.3 We reserve the right to update and change our Terms of Service at any time. Any new features that augment, enhance, or change the current Services, including the release of new tools and resources, shall be subject to our Terms of Service. Continued use of the Services after any such changes shall constitute consent to such changes. You are expected to regularly review the Terms & Policies for updates, which are available here at our Website.
1.4 Violation of any of these terms by you may result in the termination of (1) your account and/or denial of your ability to access the Websites without notice, and/or (2) the account of the School on 14 days’ notice in writing. Revision Village reserves the right to bar use of the Services by any person or entity that has violated the Terms of Service at any time.
1.5 To the full extent permitted by law, you agree to use the Services on an “as-is” basis and understand that Revision Village is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by the Website (“Content“), or provided or transmitted by you or any other person. You confirm and agree that Revision Village shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. This is regardless of whether Revision Village has been advised of the possibility of such damages, whether or not resulting from: (i) the use or the inability to use the Services; (ii) the unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Services; (iv) termination of your account; and/or (v) any other matter relating to the Services.
1.6 Revision Village does not warrant that the Services will meet your specific requirements or that the Services will be uninterrupted or error-free. We shall not be liable for and make no warranties in relation to the Website or its functionality, Content or capabilities of the Website, to the fullest extent that such liabilities can be excluded by law.
1.7 Schools and Parents shall:
i. Ensure that information contained in anything sent to and transmitted through Revision Village and/or its Websites is accurate and does not breach any third parties’ rights including trade mark, database right, copyright or other Intellectual Property Rights nor is libelous, obscene, menacing, threatening, radicalising, bullying, offensive, abusive, fraudulent, pornographic, criminal nor infringes the rights of other people such as privacy rights or is in any way illegal or unlawful;
ii. Verify the accuracy of any information before sending it to us; and
iii. Ensure that information transmitted through Revision Village and/or its Websites complies with all applicable laws and, by posting information, agrees to indemnify us in full on request and continue to indemnify us on request against any claim or liability arising in connection therewith.
1.8 Any views expressed in messaging facilities after you login are not those of Revision Village. Information posted by members is in no way affiliated with or condoned by Revision Village and we reserve the right to delete anything that may contravene clause 1.7(i). Our failure to delete any information does not imply our approval.
1.9 We make no statement and provide no warranty that Content is accurate, up to date or complete and we accept no liability for any loss or damage caused by anything inaccurate or misleading which without limitation, may contain statistical data which may have inaccuracies or errors. If you find that information on the Website is not accurate, please inform your School in the first instance to have information corrected.
1.10 If any agreements or arrangements are made by you with any third party as a result of your use of the Website, they are and remain entirely at your own risk.
1.11 You will ensure at all times that (1) you do not share your designated password with any other person, (2) you maintain active and effective security measures to protect the integrity and security of your and our computer systems. You will be responsible for loss and damage suffered by us where any third party abuses the Services using your login details and/or computing environment, including hardware and software.
1.12 The privacy of information submitted to or transmitted through the Services is governed by our Privacy Policy, which is published at each of our Websites. The School is responsible for having and communicating a data privacy policy for parents and staff. Any need for parental consent must be obtained by the School.
2. Services
2.1 Each of our Websites describes the Services which are available. For more information please refer to the specific Website for details of the Services available.
2.2 Schools are to refer to the Services set out in their Quotation.
3. Account Terms: COPPA Compliance
3.1 Before a Student of 13 years of age or less may use the Services or a School facilitates access to a Student, the Parent MUST provide a signed copy of the Form of Written Parental Consent (“Parental Consent”) to the School.
3.2 The School is responsible at all times for obtaining Parental Consent, and is wholly responsible for verifying that a Parent is properly identified, that the Parent has properly authorised a Student’s access, and has in fact signed the Parental Consent, before signing up or causing to sign up any Student for an account.
3.3 The School must provide a copy of the signed Parental Consent to Revision Village within 14 days of a request made in writing.
4. Payment Terms
4.1 The Services are provided on an annual basis. Schools are invoiced in advance on an annual basis for use of the Services (unless the Initial Term in the Quotation is for a longer period), and Schools shall make payment to Revision Village net 30 days from the invoice date. The payments are in consideration of the creation, deletion, modification and maintenance of Members, and the licence to use the Services. Revision Village will not pay any refund or credit if the School terminates or suspends use of the Services before the end of any prepaid period. Each payment is non-refundable.
4.2 Separate subscriptions are required for each of our Websites.
4.3 Accounts are automatically renewed for successive periods equal to the Initial Term, (each a “Renewal Term”) as detailed in the Services Agreement and any signed Quotations. In the absence of a signed Quotation detailing any Renewal Term, accounts are automatically renewed on an annual basis on the anniversary of the Services Start Date as detailed on our invoice. Notice of termination must be received in writing 45 days in advance of the end of the then current term in order to terminate at the end of the current term. For the avoidance of doubt, the current term is the Initial Term, or any subsequent Renewal Term which has started.
4.4 Schools are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with payment for Services provided by Revision Village.
4.5 Without prejudice to any other rights or remedy that it may have, if the School fails to pay Revision Village on the due date for payment of any undisputed invoice, Revision Village may:
i. suspend all Services until payment has been made in full; and/or
ii. charge interest on any delinquent amounts owed by Schools to Revision Village from the due date at a rate equal to the lesser of (i) two per cent (2%) per annum or (ii) the maximum legal interest rate chargeable per month until payment is made, whether before or after any judgment.
4.6 The pricing structure for the Total Fees is as set out in the Quotation. The fee for individual Services can change according to the Student enrolment numbers, subject to a minimum Student enrolment number agreed as at the Services Start Date (if any). The School is required to provide the current number of enrolled Students and any other information in order to calculate the fees for any Renewal Term. Revision Village reserves the right to increase the price of Total Fees each Renewal Term.
5. Cancellation and Termination
5.1 It is your sole responsibility to notify us that you wish to cancel your account. This can be done by emailing us your Revision Village representative with the subject line Cancellation Request. We will require written and telephone confirmation of a cancellation request from a School as this will affect the accounts of all Members associated with a School.
5.2 All Content associated with the School and its Students will be unavailable to Members from the time we are instructed to process the cancellation request.
5.3 Subject to 4.3 above, where the School cancels the Services more than forty-five (45) days before the end of the then current term and full payment has been received, the cancellation may take on any date before the end of the then current term, as requested by the School in writing, and the School will not incur any further charge.
5.4 We may terminate the Services to a School for cause without notice and we reserve the discretion to not renew an Account.
5.5 Schools are responsible for the use of the Services by Students and Parents. Misuse of the Services, by any individual Member or the School, may result in permanent and/or temporary suspension or termination of the School’s account (at Revision Village’s sole discretion) without notice if problems are not addressed to the satisfaction of Revision Village.
5.6 Revision Village reserves the right to refuse the Services, including account access, to anyone in its own unfettered discretion.
6. Intellectual Property
6.1 Unless otherwise stated below, Revision Village owns all Intellectual Property Rights vesting in the Websites.
6.2 Revision Village claims no Intellectual Property Rights to Content published and/or loaded to the Services by Members or Schools. You irrevocably grant us a perpetual licence to publish Content on the Websites.
6.3 Schools or Members must not download material from the Website. The Services are made available to Schools and Members for academic purposes only, not for any other purpose, and shall not be accessed by anyone for any other purpose without the written permission of Revision Village.
6.4 Schools or Members must not not modify, adapt or hack the Services or modify the Websites so as to falsely imply that it is associated with the Services, or any other service of Revision Village.
6.5 Schools or Members may not use our trade names, trademarks, or similar variants without our written consent.
6.6 Any hypertext links to other sites, which appear on the Website are operated by third parties and use of such a link means you are leaving the Website. We are not responsible for, and give no warranties, guarantees or representations in respect of linked sites or information upon them.
6.7 Schools must take any reasonable steps, as directed by Revision Village from time to time, to ensure Members’ compliance with these terms.
7. Indemnification
7.1 To the maximum extent permitted by law, the School and Members jointly and severally agree to hold harmless and indemnify Revision Village, and its parent companies, subsidiaries, affiliates, officers, agents, and employees from and against any third party claims arising from or in any way related to use of the Services or Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Revision Village will provide the School and Members with written notice of such claim, suit or action.
7.2 Nothing in Terms of Service shall exclude or limit our liability for fraud, personal injury or death caused by our negligence, or for any other liability which cannot be excluded or limited under the laws of Australia. Other than the foregoing, all warranties, guarantees or benefits implied or provided by law are excluded to the fullest extent possible and with an absolute limitation of liability capped at the School’s annual Total Fees.
8. Miscellaneous
8.1 You may not assign or transfer your rights or licenses granted under these Terms of Service. Revision Village may assign, sub-contract or sub-let these Terms of Service or any part thereof to its affiliates.
8.2 In the event that any (or any part) of these terms, conditions or provisions shall be declared invalid, unlawful or unenforceable such terms (or parts), conditions or provisions shall be severed. The remaining terms (or parts), conditions or provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
8.3 If the bandwidth associated with a School exceeds 10 GB in a single month, or significantly exceeds the expected bandwidth allocation for the number of Members associated with the School as notified by Revision Village (from time to time), we reserve the right to (i) cap file or image hosting until the School reduces its bandwidth consumption, and/or (ii) raise further invoices for your additional bandwidth requirements.
8.4 Revision Village shall not be liable for any failure to perform its obligations under these Terms of Service where such failure is due to events or circumstances beyond its reasonable control, including but not limited to acts of nature (such as fire, flood, earthquake, storm, hurricane, or other natural disasters), acts of government, acts of war or terrorism, labour strikes, power outages, or any other event generally referred to as a "Force Majeure Event."
8.5 Revision Village reserves the right to modify or amend this agreement. No modifications, alterations, or changes to this Agreement shall be considered effective unless made in writing by authorised representatives of Revision Village. No claims, rights, or liabilities are waived unless expressly waived in writing by both parties.
8.6 Revision Village shall not be liable to you or to any third party as a result of any modification, price change, suspension or discontinuance of the Services, loss of data, or any consequence thereof whatsoever.
8.7 These Terms of Service will be governed by and construed in accordance with the laws of Australia.
8.8 All disputes between the parties arising out of or relating to these Terms of Service or the breach, termination or validity thereof shall be referred by either party in writing, first to each party’s representative. The representatives shall meet and attempt to resolve the dispute within a period of thirty (30) working days from the date of referral of the dispute to them.