Terms of Use

1. Introduction

Please read the terms of this agreement carefully so that you understand them. We may change this agreement at any time in accordance with clause 14 and you can always find the latest version by visiting the LearningField Website. Some words have special meanings, which are either explained in the relevant clause or in the Dictionary in clause 16.

2. Permitted Uses

2.1 The School has invited its Students and Parents to subscribe to LearningField at the prices set out in Part A.

2.2 Subject to the restrictions and obligations in this agreement, the User is granted a non-exclusive non-transferable licence to access LearningField through an Authorised Device, a Reader or an LMS and to use the Licensed Content for the sole purpose of:

(a) if the User is a School or a Teacher, facilitating use of LearningField by Users who are Students;

(b)  if the User is a Student, that Student’s education while enrolled at the School; and

(c)  if the User is a Parent, assisting the Student and the School to achieve educational outcomes for the Student.

2.3  If the User is a School, the School:

(a)  agrees to obtain the agreement of each Teacher to use LearningField as if each Teacher was a party to this agreement;

(b)  shall at its own expense use reasonable endeavours to enforce each such agreement obtained under clause 2.3(a); and

(c)  accepts liability for the act or default of any Teacher who refuses to enter into an agreement in accordance with clause 2.3(a) or who, having entered into such an agreement, is or has been in breach of any such agreement.

3. Restrictions

3.1 The User must not in reliance on this agreement:

  • use or exercise any of the rights in the Licensed Content, in LearningField or in the LearningField App except as permitted by this agreement;
  • interfere with or remove any copyright notices or other rights management information or copy protection technology, nor use any device or service to circumvent any technological protection measure incorporated in the Licensed Content or LearningField;
  • act dishonestly or unprofessionally or to engage in unprincipled behaviour, including by posting inappropriate, inaccurate, or objectionable content to LearningField or distributing sensitive or personal information on LearningField;
  • use LearningField for any unsolicited or unauthorized advertising, promotional materials, spam or other form of solicitation;
  • use LearningField to sell, sponsor, or otherwise monetize a LearningField group, any part of the Licensed Content or any other service or functionality of LearningField;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide LearningField;
  • deep-link to LearningField for any purpose;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any part of LearningField;
  • access or attempt to access LearningField by any means other than the interfaces provided by Copyright Agency, including by using any third-party service;
  • copy or otherwise use information, Licensed Content or data obtained from LearningField to provide any service that Copyright Agency considers reduces the market for LearningField; or
  • engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on LearningField’s infrastructure, including but not limited to sending unsolicited communications to other users or transmitting or activating computer viruses through or on LearningField.

3.2 If the User is a Teacher or a School the User acknowledges that this agreement does not permit:

(a) the printing, photocopying or scanning of any Licensed Content or

(b) the reproduction or communication of Licensed Content obtained via LearningField as a component of or basis for a collection, database, learning management system, coursepack or any other compilation, and that such uses of Licensed Content may only be done in reliance on a licence from the copyright owner or in reliance on the Copyright Act 1968, in particular Part VB of that Act.

4. Obligations

4.1 The User acknowledges that the integrity of LearningField and the Licensed Content is important. In order to protect the integrity of LearningField and the Licensed Content, the User must:

  • respect the intellectual property rights in the Licensed Content and in LearningField;
  • comply with these terms and protect LearningField and the Licensed Content from unauthorised use or other breach of this agreement; and
  • immediately upon becoming aware of any unauthorised use or other breach, inform Copyright Agency and the School and take all reasonable and appropriate steps requested by Copyright Agency, both to ensure that such activity ceases and to prevent any recurrence.

5. Payment of Subscriptions by the School

5.1 Where it is indicated in Part 1 that the School pays Subscriptions, Copyright Agency will calculate the total Subscription fees payable as at the Census Date and invoice the School for the relevant amount. The School will pay Copyright Agency’s invoice within 14 days of the date of the invoice.

5.2 On the Reconciliation Date Copyright Agency will perform a reconciliation between the number of full time equivalent Students in respect of which an invoice was issued in accordance with clause 5.1 and the actual number of full time equivalent Students of the School. If the reconciliation shows a greater than 1% difference between the amount invoiced and the amount payable Copyright Agency will refund to or invoice the School the relevant amount as applicable.

6. Payment of Subscriptions by Parents

6.1           Where it is indicated in Part 1 that Parents pay Subscriptions, Parents must use LearningField’s Parent portal to pay their Subscription by a debit to a valid Australian credit card or bank account by the Payment Date.

6.2           If a Student enrols in the School after the Payment Date the Parent must use LearningField’s Parent portal to pay their Subscription by a debit to a valid Australian credit card or bank account within 10 days of enrolment.

6.3           If a Student ceases to be enrolled at the School prior to the end of the Initial Period or any applicable Renewal Period the Student’s Parent may apply to Copyright Agency for a refund in accordance with the refund policy at https://eval.learningfield.com.au/about-us/refunds-delivery-policy/

6.4           On the Census Date Copyright Agency will calculate the total Subscription fees payable as at the Census Date and invoice the School for any difference between this amount and the amount paid by Parents. The School will pay Copyright Agency’s invoice within 14 days of the date of the invoice.

6.5           On the Reconciliation Date Copyright Agency will perform a reconciliation between the number of full time equivalent Students in respect of which a Subscription has been paid and the actual number of full time equivalent Students of the School. If the reconciliation shows a greater than 1% difference Copyright Agency will refund to or invoice the School the relevant amount as applicable.

7. Access to and Availability of LearningField

7.1 The User must only access LearningField from an Authorised Device, a Reader or an LMS and download content when located in Australia. An Authorised Device must meet the minimum requirements set out on the LearningField Website including but not limited to the following:
(a) each Authorised Device must be running a properly functioning version of the DRM;
(b) the User must arrange and/or pay for a connection that connects each Authorised Device to the internet and meets the minimum requirements specified from time to time on the LearningField Website; and
(c) each Authorised Device must have sufficient space to store and download the large amounts of data associated with the Licensed Content.

7.2 The User acknowledges that the experience of downloading the Licensed Content (including speed and smoothness) partly depends on its connection, other devices and users connected to its connection and other tasks each Authorised Device, Reader or LMS is used for at the same time.

7.3 The User will access LearningField through Copyright Agency’s platform provider VitalSource.

7.4 The User must take reasonable steps to:

(a) keep passwords secure and confidential and be responsible for all use of the relevant password and accounts;

(b) keep all registration and account information current, accurate and complete;

(c) not permit others to use the User’s account or to use the accounts of others; and

(d) refrain from selling, trading, or otherwise transferring a LearningField account to any other party.

7.5 In order to protect the integrity of LearningField or the Licensed Content, Copyright Agency reserves the right to temporarily disable, without notice, the access of one or more Users associated with a User that is a School.

8. Installation

8.1 If the User is a School, it must install the LearningField e-Reader Software Application (“LearningField App”) on each Authorised Device or Reader used to access the Licensed Content. At the time of registration, Copyright Agency will grant each User a non-exclusive, non-transferable revocable licence to download and use the LearningField App for the sole purpose of downloading and using Licensed Content under this agreement.

8.2 The User:

(a) may download Licensed Content only directly from the LearningField Website to the LearningField App on an Authorised Device or a Reader;

(b) may store or access Licensed Content only via the LearningField App on an Authorised Device or Reader;

(c) may not transfer Licensed Content from one electronic reading device (including another Authorised Device or Reader) to another;

(d) acknowledges that the service will not allow Users to download or save Licensed Content to more than six Authorised Devices or Readers; and

(e) acknowledges that access to Licensed Content may be subject to territorial restrictions required by the relevant Content Providers, those restrictions being based on its location and billing address.

8.3 Copyright Agency reserves the right to update, modify and/or reinstall the LearningField App and to restrict or revoke the LearningField App for purposes including but not limited to security.

9. Contributions

9.1 If the User is a Teacher, he or she may post Contributions to the interactive sections of LearningField.

9.2 The User is entirely responsible for the content of and any harm resulting from such Contributions.

9.3 In posting any Contribution, the User must:

(a) ensure that the creation, communication, reproduction or performance of a Contribution or any part of it does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

(b) subject to the privacy settings selected for each Contribution, grant to Copyright Agency an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide licence to exercise any of the rights of copyright in that Contribution for any purpose in connection with LearningField; and the licence granted in this subclause (b) includes the right to prepare derivative works from, or incorporate into other works, the Contribution;

(c) ensure that a Contribution does not contain any technology designed to restrict the number of times it may be used, nor shall it contain any viruses, harmful or malicious code or software designed to gather information about or monitor the online or other activities of a third party;

(d) ensure that a Contribution does not contain pictures, data, audio or visual files, or any other content that is more than 20 megabytes, or any size reasonably deemed excessive by Copyright Agency;

(e) ensure that a Contribution does not infringe any applicable law, including privacy laws and principles.

9.4 A User may remove his or her Contributions from LearningField at any time, where this feature is available, but this will not affect copies of Contributions saved elsewhere. Copyright Agency may retain archived copies of Contributions.

9.5 Copyright Agency may:

(a) edit, redact or otherwise change any Contribution, including placing it in a more appropriate location; and

(b) pre-screen or delete any Contribution it considers to be inappropriate or a breach of this agreement.

10. Third Party Content

10.1 If the User is a School it may elect to offer Third Party Content to its Students and Parents and LearningField may include the price of access to the Third Party Content on the invoice for a Subscription.

10.2 The School acknowledges and agrees that:

  • it will provide LearningField with the user names of Students who will access the Third Party Content within 14 days of subscribing to LearningField and LearningField will supply the user names to the publisher of the Third Party Content;
  • it will do anything else required by a publisher of Third Party Content to facilitate access to that content for its Students and Parents;
  • LearningField does not own, control or supply Third Party Content;
  • the publisher of Third Party Content is solely responsible for supply, access to and support of Third Party Content;
  • before making its decision to purchase Third Party Content it has made its own assessment about the suitability and quality of the Third Party Content and has not relied on any representations made by LearningField or its employees or agents about those matters;
  • LearningField makes no representations about the suitability of Third Party Content for the needs of the School or the Students or its fitness for purpose or whether it is of merchantable quality;
  • LearningField makes no representations about the quality or usefulness of any explanatory material supplied by publishers of Third Party Content; and
  • access to and use of Third Party Content is governed by its agreement with the publisher of Third Party Content.

11. Information and privacy

11.1 Please review the LearningField privacy policy at http://copyright.com.au/privacy/. It sets out how Copyright Agency collects, uses and discloses personal information and the rights of Users to access and correct that information. The Copyright Agency privacy policy also outlines how the Copyright Agency protects the User’s personal information in accordance with the National Privacy Principles under the Privacy Act 1988 (Cth).

11.2 By using LearningField the User consents to the terms of the privacy policy.

11.3 Copyright Agency asks the User to agree that it may, in accordance with its privacy policy and this clause 9, disclose Personal Information (including sensitive information) to Content Providers for the purpose of assisting them to enforce their intellectual property rights.  By using LearningField, the User consents to have their Personal Information transferred to, processed and stored outside of Australia, including in the US, UK and Canada, if necessary for the provision of LearningField and related services, including helpdesk and development services.

11.4 Copyright Agency will collect information on the use of LearningField and will use that information for purposes including calculation of distributions to Content Providers.

11.5 The LearningField Website uses cookies. Cookies are pieces of information stored on a computer which allow Copyright Agency to track use of LearningField and to customise the information provided.

12. Suspension and Cancellation

12.1 If a User who is a Student or Teacher is no longer enrolled or employed at the School, Copyright Agency may immediately terminate that User’s account.

12.2 Copyright Agency may immediately end the User’s LearningField account where:

(a) the User has seriously breached this agreement, including by using LearningField in a way Copyright Agency reasonably believes is illegal, likely to be found illegal or likely to cause damage to its reputation; and

(b) Copyright Agency has notified the User in writing of these circumstances and the User has failed to remedy the situation within 14 days of that notice (or any longer period set out in the notice) or the circumstances cannot be remedied.

12.3 Infringement of copyright or other intellectual property in the Licensed Content or LearningField is a breach of this agreement which is not capable of remedy.

12.4 Copyright Agency may also cancel the User’s account by giving the User as much notice as it reasonably can where it is unable to provide LearningField due to an event outside its control.

12.5 On termination or expiry of this Agreement:

(a) the User must as soon as reasonably practicable but in any event within 7 days deliver to Copyright Agency any of property of Copyright Agency in the User’s possession;

(b) the licences granted to the User by Copyright Agency under this agreement immediately cease; and

(c) the User must as soon as reasonably practicable but in any event within 7 days remove the LearningField App from all Authorised Devices, Readers, LMS and any other device owned or controlled by him, her or it and must, on request by Copyright Agency, provide to Copyright Agency evidence reasonably required by it of the User’s compliance with this clause.

12.6 All provisions of this agreement designed to protect the integrity of LearningField and the Licensed Content shall survive the termination or expiration of this Agreement.

13. Liability

13.1 Copyright Agency accepts liability for LearningField, but only to the extent set out in this clause and as required under consumer protection laws which cannot be excluded by it.

13.2 Copyright Agency will use reasonable care and skill in providing LearningField and will provide it in accordance with this agreement. However, due to the nature of LearningField (including our reliance on some systems and services not owned or controlled by us) Copyright Agency does not promise that LearningField will meet the requirements of the User, that its operation will be uninterrupted or error free, or that the Licensed Content will not vary.

13.3 Without limiting the generality of the rest of this clause, Copyright Agency will not be liable to the User for:

(a) any business-related losses that arise in relation to use of LearningField;

(b) any loss to the extent caused by the User, including by breach of this agreement.

14. Intellectual Property rights

14.1 LearningField, the trademarks, trade dress, service marks and logos including but not limited to company graphics, logos, designs, page headers, button icons, scripts and service names are company Marks (“Marks”). All Marks and the Licensed Content are owned by or licensed to Copyright Agency and may not be used without express written permission.
14.2 Copyright Agency reserves all rights not expressly granted in this agreement, including without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Licensed Content, in LearningField and all related items, and including any and all copies made of the LearningField Website and LearningField App.

15. Disclaimers

15.1 Copyright Agency cannot control the nature of all of the content available on LearningField. By operating LearningField, it does not represent, imply or endorse any blogs, Contributions or other Content available on or linked to LearningField. It does not control and is not responsible for unlawful or otherwise objectionable content which may be displayed on LearningField or in connection with any Contributions, nor is it responsible for the conduct, whether online or offline, of any LearningField user.
15.2 Copyright Agency does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through LearningField or any hyperlinked website or featured in any banner or other advertising.

16. Changing this agreement

16.1 From time to time, Copyright Agency may change this agreement to reflect its changing business.

16.2 Copyright Agency will notify the User of changes to these terms by informing it that it has posted a revised copy of this agreement on the LearningField Website.

17. Miscellaneous

17.1 A notice for the purposes of this agreement must be in writing and may be given to the addressee by delivering it or sending it by pre-paid post to the address of the addressee, and the notice will be deemed to have been received by the addressee on receipt.

17.2 This agreement may only be varied by the written agreement of the parties.

17.3 Neither party may assign this agreement without the prior written consent of the other party, such consent not to be unreasonably withheld.

17.4 This agreement embodies the entire understanding and agreement between the parties as to its subject matter.

17.5 Each party must promptly execute all documents and do all things that another party from time to time reasonably requests to affect, perfect or complete this agreement and all transactions incidental to it.

17.6 This agreement is governed by and must be construed in accordance with the laws of New South Wales and each party:

(a) irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which have jurisdiction to hear appeals from them; and

(b) waives any right to object to proceedings being brought in those courts for any reason.

17.7 A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or any subsequent breach. The failure of either party to enforce at any time any of the provisions of this agreement shall not be interpreted as a waiver of such provisions, and shall not affect the validity or enforceability of this agreement.

17.8 Each of the agreements of the parties under this agreement is severable from the others and the severance of one agreement does not affect the other agreements.

17.9 Where a word or phrase is given a defined meaning, another part of speech or other grammatical form of that word or phrase has a corresponding meaning.

17.10 Unless the context otherwise requires a word which denotes a person includes an individual, a body corporate and a government and includes the trustee, executor, administrator, successor in title and assign of that person (although this paragraph must not be construed as permitting a party to assign any right under this agreement).

17.11 Headings must be ignored in the interpretation of this agreement.

 

18. Dictionary

Account means the registration details and access to LearningField which may include without limitation, login, password, name, address, email address, credit card details, profile photo and other personal, sensitive and confidential information.

Authorised Device means a computer or electronic device such as a smart-phone, tablet, laptop, desktop or media centre that is designed to allow or permits the user to:

  • connect to the Internet;
  • install the LearningField App;
  • use LearningField; and
  • run other software applications including.
    1. download a digital media file;
    2. store the digital media file appropriately;
  • render the digital media file using the DRM.

Census Date means 6 March in the Initial Period and in any applicable Renewal Period;

Content means all works accessible via LearningField, including Licensed Content, Contributions, or any other form of text, graphic, audio, video, image or mark.

Content Provider means a publisher who authorises Copyright Agency to include their published works in LearningField.

Contribution means a work created by a Teacher commenting on or otherwise related to Licensed Content.

DRM means the digital rights management technology applied to the Licensed Content and incorporated in LearningField, which will include VitalSource’s proprietary DRM tools for PDF documents.

LearningField means the subscription based digital service offered by Copyright Agency providing Students, the School and its Teachers with interactive access to Licensed Content by means of the Authorised Devices.

LearningField Website means the website at https://eval.learningfield.com.au.

Licensed Content means the published works authorised by a Content Provider for inclusion in LearningField.

LMS means a learning management system which is compliant with the Learning Tool Interoperability (LTI) standard and supported for LTI by VitalSource;

Parent means the parent guardian or other family member who carries out the role of a parent of a Student.

Payment Date means the first day of the School’s first term in the Initial Period and in any applicable Renewal Period;

Personal Information means any personal, confidential or sensitive data relating to a user of LearningField, including information supplied to obtain an Account.

Reader means a native reader or an online cloud reader;

Reconciliation Date means 16 October in the Initial Period and in any applicable Renewal Period; 

School means the school at which the Teacher is employed.

Student means an enrolled student of the School, who has purchased a current Subscription or on whose behalf a current Subscription has been purchased.

Subscription means the fee paid in respect of a Student for the right for Users to access LearningField during a specified period.

Teacher means a person employed by the School or the relevant State Department of Education (or equivalent) to provide instruction to its Students.

Third Party Content means digital, interactive educational resources created and supplied by third party publishers including, but not limited to, publisher interactives.

User means any, some or all of a Student, Parent, Teacher or School as the context requires.