These Terms and Conditions have been updated as of 17 March 2020.
WPlease read the Terms and Conditions carefully before installing and using the Learning Lodge.
These general terms and conditions regarding the Learning Lodge (“Terms and Conditions”) are as follows:
TERMS AND CONDITIONS OF INSTALLATION AND USE
- 1. Learning Lodge
- 1.1 The Learning Lodge enables you to download free and/or payable digital software programs or firmware owned by VTech or its licensors. This includes, but is not limited to, e-books, games and award certificates (“VTech Software”).
Downloads occur online from a VTech-designated server (“Server”) to a designated Personal Computer, laptop or Mac®.Then, VTech Software can be uploaded onto a VTech Software compatible hardware product (“VTech Hardware Product”).In order to download VTech Software, it may be necessary to first download additional software applications offered and provided through the Learning Lodge. You may be required to accept additional terms which will be presented to you before you can use these additional software applications. When the term “Learning Lodge” is used in the Terms and Conditions, it also refers to other software applications, VTech Software and content made available through Learning Lodge. We particularly draw your attention to sections 6.3 and 11 below, which explain the circumstances in which we may suspend or terminate your use of the Learning Lodge, and explain the conditions and limitations which apply to our liability to you in connection with the Learning Lodge.
- 2. Applicability and acceptance
- 2.1 The following specifies the Terms and Conditions on which VTech Electronics (Australia) Pty Ltd ACN 600 605 329 of 22 Albert Road, South Melbourne, Victoria Australia 3205 (“VTech”, also “
us” or “
our”) offers you to install and use the Learning Lodge and may be varied by us in accordance with section 2.5 and 6.3 below.
- 2.2 The Learning Lodge is intended solely for the use of individuals who already own a VTech Hardware Product. If you do not currently own and possess one of these products, DO NOT use the Learning Lodge and DO NOT download the software or firmware available on the Learning Lodge. If you disregard this section and download software or firmware despite not currently owning a VTech Hardware Product, VTech will not be responsible for any damage or loss caused to your device or information stored thereon, and you may be held legally liable for any resulting damage or loss caused to VTech by your download.
- 2.3 The Learning Lodge is available for individuals aged 18 years or older. If you are under the age of 18, you should not use the Learning Lodge alone. Instead, review these terms and conditions with your parent/guardian to make sure you and your parent/guardian understand these terms and conditions. These terms and conditions create an agreement between VTech and an adult parent/guardian of any child who uses the Learning Lodge.
- 2.5 VTech may revise the Terms and Conditions from time to time with or without notice to you. If we make only minor changes to these Terms and Conditions without materially changing your rights or obligations, we will post the revised Terms and Conditions on the Learning Lodge and/or on our website at vtech.com.au, and they shall take effect immediately when they are posted. We recommend that you regularly review information posted by us within the Learning Lodge and on our website to keep up to date with such changes. We will notify you by email, or through our online services, if we make a change that materially alters your rights or obligations. If you do not accept any change, then you are free to terminate the agreement with us and stop using the Learning Lodge or software or firmware downloaded from it. Your use of the Learning Lodge following the posting of any changes to the Terms and Conditions, shall constitute your acceptance of those changes.
- 3. License
- 3.1 VTech grants to you a non-exclusive, non-sublicensable, non-transferable license to install one copy of the Learning Lodge for non-commercial use on a designated Personal Computer or Mac®. You acknowledge that you shall acquire no rights to the Learning Lodge other than the license in accordance with the Terms and Conditions. The Learning Lodge may only be used to reproduce the VTech Software or other content and software applications you are authorized or legally permitted to reproduce. The Learning Lodge is licensed, not sold, to you only for that purpose.
- 3.2 In order to use the Learning Lodge, you must register a VTech Hardware Product and have internet access, for which you shall be responsible for the internet connecting fee. There are different versions of Learning Lodge for different countries. The version of Learning Lodge you are licensed to use will depend on the country where you bought your VTech Hardware Product.
- 4. Limited Warranty, Warranty Disclaimers and Links to Third Party Websites
- 4.1 Subject to sections 4.2 and 4.3 below, VTech warrants to you that the Learning Lodge downloaded on your Personal Computer adheres to the minimum technical requirements, is of satisfactory quality and fit for its purpose, and shall work as designed for a period of ninety (90) days from the date of installation. VTech will correct any defect and provide updates as soon as commercially feasible (the “Warranty Period”).
- 4.2 Except where mandated by law, VTech shall have no liability for any damage, loss, expense or detriment caused, whether directly or indirectly, for any defect or fault in the Learning Lodge arising as a result of your use of the Learning Lodge in contravention of VTech's instructions.4.3
- 4.3 If within the Warranty Period, you notify VTech in writing of any defect or fault in the Learning Lodge, which does not arise from: use in contravention of these Terms and Conditions; from any step we take in accordance with 6.3; or from any circumstance listed in 11.1 (provided that such circumstance is not caused by VTech's failure to comply with these Terms and Conditions), VTech shall elect, in its sole discretion, either to repair or replace the VTech Software, provided that you make available any information and assistance as VTech may reasonably require.
- 4.4 VTech makes every effort to ensure the high quality of the content of the Learning Lodge. To the extent permitted by law and except as expressly set out in the Limited Warranty provisions at sub-sections 4.1 - 4.3 above, despite the due care it exercises in compiling the information, VTech does not accept responsibility or liability for the functions incorporated into the Learning Lodge and does not guarantee the accuracy, suitability or comprehensive nature of the information, nor does it guarantee that the Learning Lodge is at all times error-free or that defects will be identified or corrected.
- 4.5 To the extent permitted by law and except as expressly set out in the Limited Warranty provisions at sub sections 4.1 - 4.3 above, the content, information and software provided through the Learning Lodge is provided on an "as is" and "as available" basis. VTech makes no warranty, representation or condition, either express or implied, as to its use, availability, accuracy or performance. To the extent permitted by law and except as expressly set out in the Limited Warranty provisions at sub-sections 4.1 - 4.3 above, as a user you assume all risks and responsibilities for its use or non-use. VTech makes no representation that the content appearing on or downloaded via Learning Lodge is compatible for your computer or free from errors or viruses. No VTech employee, agent or representative is authorized to modify or amend this warranty. The information provided by VTech through the Learning Lodge or otherwise made available by VTech does not release you from the responsibility of having to examine the suitability of this information and/or software for your purposes.
- 4.6 The Learning Lodge may provide, or third parties may provide, links to other online sites or resources. Because VTech has no control over such sites and resources, you acknowledge and agree that VTech is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. This includes, without limitation, that Vtech does not endorse and is not responsible or liable for the accuracy, non-infringement or legality of such content, advertising, products, services or other materials. You further acknowledge and agree that VTech, its parent, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees 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 the use of or reliance on any such content, advertising, products, services or other materials available on or through any such sites or resources.
- 5. Registration, Accounts and Passwords
- 5.1 VTech requires you to register an account by providing the information we request and following our registration procedures after you have indicated in the Learning Lodge that you wish to register an account.
- 5.2 You must not choose a username that infringes the rights of any third party, impersonates VTech staff or other users, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate, or which is contrary to Australian laws and/or regulations. VTech reserves the right to assess these matters in its complete discretion, to change any username for any reason, and to take any other action in respect of these matters that we consider to be appropriate.
- 5.3 If you create an account in the Learning Lodge, you agree to be responsible for: maintaining the confidentiality of passwords or other account identifiers which you choose and all activities that occur under such password or account identifiers. You agree to promptly notify VTech of any unauthorized use of your password or account identifiers. Except where mandated by law, VTech will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you to the extent that it is as a result of, or in connection with, your failure to comply with this section of the Terms and Conditions.
- 6. Upgrades, updates and changes to the Learning Lodge
- 6.1 VTech may provide updates and upgrades to your VTech Hardware Product through the Learning Lodge from time to time without any prior written notice. You should read and precisely follow the instructions before initiating an update or upgrade. You should ensure your VTech Hardware Product has a steady power supply before initiating an update or upgrade. If the update or upgrade process is interrupted, your VTech Hardware Product could malfunction. You must follow the download procedure as explained through the Learning Lodge in order to properly use the VTech Hardware Product. To the extent permitted by law, VTech will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure or inability to use the Learning Lodge or any software or firmware downloaded from it, including any damage which you could have avoided by following our advice to apply an update or upgrade offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- 6.2 VTech may update or upgrade the Learning Lodge from time to time and such updated or upgraded changes will be automatically provided to you the next time you connect your designated Personal Computer, laptop or Mac® to the internet. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Learning Lodge, including the release of new products or services, shall be subject to the Terms and Conditions.
- 6.3 The information published in the Learning Lodge does not necessarily reflect VTech's views. VTech may at any time and at its own discretion, with or without notice to you, change, delete or withdraw any information, content or downloadable software programs made available through the Learning Lodge, or impose additional restrictions, rules or charges concerning the use of the Learning Lodge, or any software or firmware made available through it. Where such changes, withdrawals, restrictions or rules are material, VTech will contact you in advance to tell you about them. You may stop using the Learning Lodge if you do not agree to the revisions. However, VTech reserves the right to alter or remove the Learning Lodge or suspend or terminate your use in any way, at any time, for any reason, without prior notification. VTech will not be liable in any way for the possible consequences of such changes. This may be necessary, for example, to reflect changes in Australian Federal or State laws, changes in regulatory requirements, or to implement technical adjustments and improvements, for example to address a security threat.
- 7. User Submissions
- 8. User restrictions
- (1) you agree not to distribute any part of or parts of the Learning Lodge, including but not limited to any textual or other content submitted to the Learning Lodge by users, in any medium without VTech's prior written authorization;
- (2) you agree not to alter or modify any part of the Learning Lodge;
- (3) you agree not to attempt or to actually circumvent, disable or otherwise interfere with any security related features of the Learning Lodge or features that (i) prevent or restrict use or copying of Learning Lodge content or (ii) enforce limitations on use of the Learning Lodge or the content accessible via the Learning Lodge;
- (4) you agree not to use the Learning Lodge for any commercial use, without the prior written authorization of VTech;
- (5) you agree not place content on the Learning Lodge which is inappropriate or contains unlawfully discriminatory material, or which is slanderous, defamatory, abusive, incites hatred, infringes on the privacy or other rights of natural persons or that may be in any other way unlawful; and
- (6) you agree not to collect, use or disclose any personal information of any user of the Learning Lodge (and you agree that this shall be deemed to include VTech's account names).
- 9. Intellectual Property Rights
- 9.1 The Learning Lodge is owned by VTech and protected by copyright, trademarks and/or other proprietary rights. All intellectual and real property rights to the Learning Lodge and other content related to the Learning Lodge, such as analyses, designs, trademarks, documentation, reports, animations, testing modules, video and/or photo material, (as well as preparatory material for this, and the system of collected works which can be considered a database), are vested solely in VTech or its licensors. Except as specifically stated in these Terms and Conditions, VTech retains all rights, titles and interest in all of the contents and underlying software of the Learning Lodge. You are not permitted to remove or to alter any indication of copyrights, trademarks, trade names or other intellectual or real property rights from the Learning Lodge, including indications that material is confidential or that it is not to be disclosed.
- 9.2 It is our policy, upon proper notification to us by a copyright owner or a copyright owner's legal agent of a copyright infringement, to terminate the account privileges of any user who repeatedly infringes copyright rights. If you believe that your work has been copied and posted in the Learning Lodge in a way that infringes copyright, please provide us with the following information: ; (i) your address, telephone number, and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing copyright is published in the Learning Lodge (iv) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notice is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. VTech's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attention: Managing Director, VTech Electronics (Australia) Pty Ltd, 22 Albert Road, South Melbourne, Victoria, Australia 3205 or via email to email@example.com.
- 10. Resale of Product
- 10.1 Our online operations are established to grant non-exclusive, non-sublicensable, non-transferable, personal and perpetual license for end customers to install software and software applications via the Learning Lodge only. We do not sell downloadable software online to customers, nor do we license software and/or software applications to users who intend to sub-license, resell or export the software and/or software applications.
- 11. Our liability to you
- 11.1 VTech complies with its legal obligations under the Privacy Act 1998 (Cth) to lawfully handle your personal information. If, notwithstanding such compliance by VTech, the Learning Lodge and any software or firmware downloaded therefrom or any related services suffer an outage, corruption, attack, virus, interference, hacking, intrusion, data loss, theft or unlawful removal, or any other loss, damage, compromise or impairment, VTech shall not be liable and disclaims all such liability to the fullest extent permitted by law.
- 11.2 Neither VTech nor its suppliers, licensors, parent, subsidiaries, affiliates, directors, officers, agents, co-branders, other partners or employees will be liable to you for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the relevant time the contract was made.
- 11.3 Nothing in these Terms and Conditions excludes or limits the liability of VTech for any liability that cannot be excluded or limited by law.
- 12. Your liability to us
- 12.1 You will be responsible for any claims, proceedings, damages, losses, injuries, costs and expenses or liabilities suffered by VTech as a result of your breach of any of these Terms and Conditions.
- 13. Termination
- 13.1 You understand that your acceptance of the Terms and Conditions will constitute a license agreement between you and VTech. You may terminate the agreement between VTech and you at any time. If you fail to comply with any of the Terms and Conditions, VTech, acting in its sole discretion, may terminate the agreement between VTech and you without notice. VTech shall not be liable to you or any third party for the termination of the agreement. The following sections of the Terms and Conditions survive any termination of the agreement between VTech and you: 4.4. - 4.6 - Warranty Disclaimers and links to Third Party Websites; 11 - Our Liability to you; 12 - Your liability to us; 13 - Termination; 14 - Severability; 15 - Waiver; 20 - Exclusion of Third Party Rights; 21 - Governing Law and Jurisdiction.
- 14. Severability
- 14.1 If any one or more of the provisions of the Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of that term or condition in any other respect shall not in any way be impaired. If any one or more of the provisions of the Terms and Conditions, or their application in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the remaining provisions of the Terms and Conditions shall not in any way be impaired.
- 15. Waiver
- 15.1 VTech's failure to exercise or enforce any right under or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
- 16. Consent to Electronic Communications
- 16.1 You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Learning Lodge or on our website at vtech.com.au. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 17. Statutory Rights
- 17.1 These Terms and Conditions do not affect the consumer rights or the consumer guarantees that you enjoy under Australian Consumer Law.
- 18. Section Titles
- 18.1 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
- 19. Entire Agreement
- 20. Exclusion of third party rights
- 20.1 Unless expressly provided in this agreement, no express or implied term of this agreement is enforceable by any person who is not themselves a party to the agreement.
- 21. Governing Law and Jurisdiction
- 21.1 These Terms and Conditions are governed by the laws applicable in the State of Victoria, Australia, including the common law as it applies in Victoria, and, where relevant, the Federal laws of the Commonwealth of Australia, including the common law as it applies. Any dispute arising out of or relating to these Terms and Conditions, or arising out of or relating to your access or use of the Learning Lodge, will be subject to the exclusive jurisdiction of the courts and tribunals of Victoria, or, where relevant, the Federal Court of Australia (Victorian District).