Intellischool operates a number of websites and apps (Sites). They are primarily available at intellischool.co, albitros.com, dextyr.com and wylba.com, and may be available through other addresses, channels, or via a mobile app.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms at our Legal Centre: https://intellischool.co/legal.
Materials and information on our Sites (Content) are subject to change without notice. We do not undertake to keep our Sites up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Sites
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Sites in accordance with these Terms. All others uses are prohibited without our prior written consent.
You must not do or attempt to do anything:
that is unlawful;
prohibited by any laws applicable to our Sites;
which we would consider inappropriate; or
which might bring us or our Sites into disrepute, including (without limitation):
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
using our Sites to defame, harass, threaten, menace or offend any person;
interfering with any user using our Sites;
tampering with or modifying our Sites, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Sites, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Sites;
using our Sites to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors
You are prohibited from using our Sites, including the Content, in any way that competes with our business.
Intellectual Property rights
Unless otherwise indicated, Intellischool Holdings Pty Ltd (ABN 36 640 801 841) owns or licenses or rights, title and interest (including intellectual property rights) in our Sites and all of the Content, excluding any User Data. Your use of our Sites and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Sites or the Content. You must not:
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Sites or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Our Sites store, process and analyse User Data in order to provide you with our Services. At all times, ownership of User Data remains the property of the person, person(s), or other legal entity / legal entities that is/are the subject of the data.
Examples of User Data include academic results, attendance history, personally identifiable information, contact information, and behavioural records.
Intellischool does not own, nor claim ownership of, any User Data.
At any time, you may request the anonymisation or deletion of User Data that is your property by submitting a support request via our Help Centre. User Data will also be deleted when a subscribing organisation, such as a school or college, discontinues a subscription.
You may also request certification that your User Data has been deleted. Certification requests will be fulfilled within seven (7) days from the receipt of the request.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Sites. Examples of User Content include posts on our forums, feature suggestions, help requests, tutorials, and comments on any of the aforementioned.
By making available any User Content on our through our Sites, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferrable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access or otherwise exploit such User Content on, through or by means of our Sites.
You agree that you are solely responsible for all User Content that you make available on or through our Sites. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Sites will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites
Our Sites may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
We may, with a minimum of 90 days' notice to registered users, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Sites or the Content, including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose; or
access will be uninterrupted, error-free or free from viruses.
You read, use and act on our Sites and the Content at your own risk.
Limitation of liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Sites and/or the Content and/or inaccessibility of, interruption to or outage of our Sites and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Sites or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allot it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Sites and these Terms are governed by the laws of the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Sites may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country other than Australia, New Zealand, the United States, the United Kingdom, Singapore, or the laws of the European Union. If you access our Sites from outside these regions, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact:
PO Box 2266, Ringwood North VIC 3134 Australia