LearnSpark | TestPrep

1. Acceptance of Terms

Welcome to LearnSpark|TestPrep ("LearnSpark Education", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at www.learnspark.com.au (the "Site") and the services, features, and content provided through the Site (collectively, the "Service"). By creating an account, making a purchase, or otherwise using the Service, you or the entity you represent ("you") agree to be bound by these Terms. If you are using the Service on behalf of a child under the age of 18, you represent that you are the parent or legal guardian of that child and that you agree to these Terms on the child's behalf.

2. User Accounts and Registration

2.1 Account Creation: To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

2.2 Eligibility: You must be at least 18 years of age to purchase a subscription and create an account. Users under the age of 18 ("Minors") may only use the Service under the supervision and consent of a parent or legal guardian who is the account owner.

2.3 Account Responsibility: You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.4 Organization Accounts (Family and School Plans): If you purchase a "Family" or "School" plan, you are designated as the "Organization Owner." You are responsible for inviting members to your organization and ensuring that all members under your account comply with these Terms. You represent and warrant that you have obtained necessary consent from parents or guardians for any Minor you add to your organization.

3. Subscriptions, Payments, and Cancellations

3.1 Subscription Plans: We offer different subscription plans, including free trials and paid plans ("Individual", "Family", "School"). Features and limitations for each plan are described on our pricing page.

3.2 Free Trial/Plan: Free plans may have limitations, such as a cap on the number of questions. We reserve the right to modify or terminate free access at any time.

3.3 Payments and Billing: Paid subscriptions are billed in advance on a recurring monthly or annual basis. All payments are processed by our third-party payment processor, Stripe. By providing payment information, you authorize us and Stripe to charge your payment method for the subscription fees. Subscriptions automatically renew unless cancelled prior to the renewal date.

3.4 Refund Policy: Payments are non-refundable. There will be no refunds or credits for partially used subscription periods, plan downgrades, or unused time. We reserve the right to issue refunds or credits at our sole discretion.

3.5 Cancellation: You may cancel your subscription at any time through your account settings or by submitting a cancellation request. Your cancellation will take effect at the end of the current billing cycle, and you will retain access to paid features until that date. No further charges will be made after cancellation.

3.6 Price Changes: We reserve the right to change our subscription prices. We will provide reasonable notice (e.g., via email) of any price changes before they take effect. Your continued use of the Service after a price change constitutes your agreement to pay the new price.

4. Use of Service and Intellectual Property

4.1 License to Use Service: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes. For School plans, use is limited to internal educational purposes within the purchasing institution.

4.2 Ownership: All content provided through the Service, including but not limited to text, graphics, logos, question content, software, and AI-generated materials ("Service Content"), is the property of [Your Company Name] or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or Service Content without our express written consent.

4.3 AI Content Disclaimer: The Service utilizes artificial intelligence to generate educational content. While we strive for accuracy, AI-generated content may contain errors, omissions, or inaccuracies. The Service Content is provided for practice purposes only and does not guarantee success on any exam. We are not liable for any reliance placed on such content.

4.4 Restrictions on Use: You agree not to: (a) reverse engineer, decompile, or attempt to extract the source code of the Service; (b) use automated scripts, bots, or scrapers to access or collect information from the Service; (c) use the Service for any illegal or unauthorized purpose; (d) resell or sublicense access to the Service; (e) share individual account credentials with any other person.

5. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

6. Disclaimers and Limitation of Liability

6.1 Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE CONTENT PROVIDED WILL BE ACCURATE OR RELIABLE.

6.2 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LEARNSPARK EDUCATION OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law principles.

8. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the Site and update the "Last Updated" date. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.