(Updated on 1 July 2024)

1. Introduction

This website is owned and operated by Read3 Literacy Pty Ltd (ABN 77 677 906 160).

By accessing this website, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review these Terms carefully and immediately cease using our website if you do not agree to them.

In these Terms:

• us, we and our means Read3 Literacy Pty Ltd (ABN 77 677 906 160); and
• Products means the goods and services available on this website.

We reserve the right, in our sole discretion, to change these Terms at any time. You should check these Terms periodically for changes. By accessing this website after any changes to these Terms, you agree to accept the changes. This applies whether or not you have reviewed the changes. If you do not agree to these Terms, you should not use this website.

To use this website or to purchase our Products you must be at least 18 years old, have a current residential address and have capacity to enter into a legally binding agreement with us.

2. Registration

You may be required to create an account to access some features of this website or to purchase our Products. You may also purchase some of our Products without creating an account by using guest checkout. In either case, we will collect any personal information you provide, including your name, address and email. You must ensure this information is accurate and current.

You consent to us sending direct marketing communications to any email address you provide. You may unsubscribe from these communications at any time. Your consent to receipt of communications may be implied from the use of certain functional aspects of our website, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.

3. Collection Notice

We collect personal information about you in order to open your account, respond to your enquiries, provide you with our Products and for other purposes set out in our Privacy Policy.

We may disclose that information to third parties (including information technology suppliers, communication suppliers and delivery services) or as required by law. If you do not provide this information, we may not be able to provide our Products to you. We may also disclose your personal information to recipients that are located outside of Australia.

Our Privacy Policy explains:

(i) how we store and use, and how you may access and correct your personal information;

(ii) how you can lodge a complaint regarding the handling of your personal information; and

(iii) how we will handle any complaint.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms.

If you would like any further information about our privacy policies or practices, please contact us at info@read3.com.au.

4. Product purchases

The promotion of Products on this website does not constitute an offer to sell and is an invitation to treat only.

Orders placed by you are offers to purchase Products on these Terms and at the price/s specified on this website (including delivery and other charges).

The prices of Products, delivery and other charges shown on this website are in Australian dollars.

An order is only finalised when you have completed the checkout process, received an order confirmation from us and full payment is received.

Your order may be rejected if we believe there may be fraud, or where your order cannot be shipped, or if there has been an error in price or product description on this website. In these circumstances we will provide a full refund of any payment received.

If Products ordered by you are unavailable, your order may be delayed, or you may receive a full refund in the event we cannot fulfil your order.

You must review your order carefully before placing it. You are responsible for any discrepancies or errors in your order. Once an order is confirmed, you are unable to cancel or change it.

Payment must be received in full prior to dispatch of Products. If payment is not received or is declined by us, your bank or credit card issuer, we will not hold Products against your order.

Discount codes are only valid for a single transaction and may not be used in conjunction with any other discounts. If we believe that a discount code is being abused, we may cancel a transaction or that code.

Products will be supplied to the address shown on your order confirmation, which will be provided to you by email.

We use our best endeavours to meet any stated timeframes for delivery, however, from time to time and particularly during busy periods, our shipping service may suffer delays beyond our control.

We endeavour to depict Products available for order using accurate images. At times, however, Products delivered may differ in appearance and packaging from their appearance in images and photographs on this website.

If you have a concern with Products sold on this website, please contact us via the email address at the end of these Terms.

Refund requests will be considered by us on a case-by-case basis and granted in our sole and unfettered discretion.

5. Sale of Licensed Products

The further terms in this section apply (in addition to the terms specified in the balance of these Terms) to the sale of Products requiring login for ongoing access (Licensed Products).

Defined Terms

Customer means a person ordering a Licensed Product.

Licence Agreement means the agreement between the Customer and Read3 Literacy on these Terms resulting from acceptance of an order for a Licensed Product.

Licensed User means a person issued with a Licence Login ID by Read3 Literacy.

Login ID means a username and password issued by Read3 Literacy to a Licensed User on behalf of a Customer for access to a Licensed Product and includes a password as changed by the Licensed User from time to time.

Scope of Licence

Read3 Literacy grants the Customer a non-exclusive, non-transferable licence to use the Licensed Product in accordance with these Terms for a 12-month period.

The Licensed Product is licensed for use only by the Licensed User/s nominated by the Customer.

During the 12-month licence period, Licensed User/s may login to access and print resources as needed, and (where applicable) view videos, instructional scripts, resources and monitoring tools.

The Licensed Product is licensed for use with a stand-alone computer. The Licensed Product must not be installed on a computer network.

The content of the Licensed Product may be updated from time to time may be changed without notice.

Licence Fee

The Customer must pay a licence fee to Read3 Literacy for each Licensed User for each 12-month licence period (Licence Fee).

The Licence Fee for the initial 12-month period is payable in advance. The amount of the Licence Fee will be the amount specified on this website at the time of acceptance of the order.

The amount of the Licence Fee for subsequent 12-month periods will be:

• for Parents and Carers Personal Use Licences - the Licence Fee specified on this website for subsequent 12-month periods for Parents and Carers Personal Use Licences at the time of invoice by Read3 Literacy; and 
• for Professional Use Single-User Licences – the Licence Fee specified by Read3 Literacy for a Professional Use Single-User Licence at the time of invoice by Read3 Literacy; and
• for Professional Use Multi-User Licences or School Packages – the amount specified by Read3 Literacy for a Professional Use Multi-User Licence at the time of invoice by Read3 Literacy.

If an invoice for a subsequent 12-month period is not paid within 14 days from the due date specified on the invoice, this Licence Agreement will terminate automatically. After this, the Read3 program including licence, payment will be required to regain licence. Changes to licence fees will be communicated via email with at least 30 days notice.

Where the Customer wishes to nominate an additional Licensed User at any time during a 12-month period of a Licence Agreement, the Customer must pay the Licence Fee for such additional Licensed User in the amount agreed and invoiced by Read3 Literacy.

An Administration Fee will apply for any changes made to licenced Read3 Literacy users within your organisation. By this we mean the switching of a Read3 Literacy licence from one staff member to another during the year. It does not refer to reallocation of licences at the beginning of a new renewal period which is available as part of your general licensing renewal. 

Licensed Users

Where the Customer is an individual, the Customer is the Licensed User.

Where the Customer is an organisation, the Customer must:

• nominate an individual/s employed by the Customer as the Licensed User(s);
• provide the name, position and email address of Licensed User(s); and
• provide written notice to Read3 Literacy when Licensed User(s) cease to be employed by the Customer and nominate a new Licensed User(s).

Anyone; including Allied Health Assistants or Teacher Aides; using the Read3 Program with students/clients MUST be trained and have their own licence (login under their own name and email address).

What Customer and Licenced User(s) must do

The Customer is responsible for the supply of computer hardware and software, telecommunications and internet connections, the application and maintenance of adequate virus protection measures, and for the training or instruction (if any) of the Licensed User to use the Licensed Product.

The Customer is responsible for the use of the Licensed Product by the Licensed User(s). Without limitation, the Customer:

• must ensure that the Licensed Product is only used by the Licensed User(s) and that the Licensed Product is protected from access, use, damage or destruction by any individual who is not the Licensed User;
• must ensure that the Licensed User(s) is aware of and complies with these Terms; and
• must provide written notice to Read3 Literacy of the disclosure of the Login ID to anyone other than the Licensed User and of any unlicensed use of the Licensed Product of which the Customer becomes aware.

The Customer and Licensed User(s) must use the Licensed Product only for the purposes of reading instruction.

What Customer and Licensed User(s) must not do

The Customer and Licensed User(s) must not:

• except as expressly permitted, download, store, reproduce, copy, distribute, transmit or display (in whole or in part) the Licensed Product;
• copy (in whole or in part) the Licensed Product for sale or regular systematic distribution or for incorporation in any product intended for sale or regular systematic distribution without the prior written consent of Read3 Literacy;
• modify, adapt, reverse engineer, decompile, disassemble, damage or create derivative works based on (in whole or in part) the Licensed Product.

Online access to Licensed Product

A Licensed User may access the Licensed Product online by using their own Login ID issued by Read3 Literacy to the Licensed User on behalf of the Customer (with a password as changed by the Licensed User from time to time).

Read3 Literacy will issue a Login ID to a Licensed User upon receipt of the Licence Fee.

The Login ID will be sent (on the initial and any subsequent occasion) by email directly to the Licensed User at the email address provided by the Customer.

A Licensed User may change the password of the Login ID.

The Customer must ensure that a Licensed User does not disclose his or her Login ID to anyone else and must provide written notice to Read3 Literacy of any disclosure of the Login ID of a Licensed User.

Read3 Literacy will monitor and keep records of online usage of the Licenced Products by Licensed Users.

Read3 Literacy may suspend the Login ID of any Licensed User immediately upon written notice to the Customer identifying a breach by the Customer or the Licensed User of any provision of these Terms and until the breach has been remedied by the Customer or the Licensed User to the satisfaction of Read3 Literacy.

No warranty of continued availability

Read3 Literacy does not warrant that access to a Licensed Product will be continuous or uninterrupted. The Customer acknowledges that the Licensed Product may not always be available due to upgrades and maintenance or unforeseen down times.

Read3 Literacy does not warrant that any support (whether in person, by telephone, or in writing) for use of the Licensed Product by the Customer or a Licensed User will be available at all or at any relevant time. The Customer acknowledges that any customer support is provided by Read3 Literacy at its sole discretion.

Read3 Literacy does not warrant that the Licensed Product is or will be complete or error-free.

The Customer releases and must indemnify Read3 Literacy against any Claim by the Customer, a Licensed User or by a client or customer of the Customer or a Licensed User, relating to:

• the efficacy or otherwise of the Licenced Product and its suitability for its intended or any other purpose;
• the ability or otherwise of the Licenced Product to enable any person to read, write or spell, or to improve the ability of any person to read, write or spell; and
• a breach of this Licence Agreement by the Customer or a Licensed User.

Period and termination of Licence Agreement

This Licence Agreement commences on completion of purchase.

Unless terminated by the Customer or Read3 Literacy in accordance with this Licence Agreement, and subject to payment of the Licence Fee, this Licence Agreement will continue for an initial period of 12 months.

The Customer may terminate this Licence Agreement or its nomination of any Licensed User immediately by notice in writing to Read3 Literacy. Read3 Literacy will not be liable to repay to the Customer any monies paid by the Customer under this Licence Agreement, even if the 12 month period in respect of which such monies were paid has not ended.

Read3 Literacy may terminate this Licence Agreement immediately by notice in writing to the Customer:

• at any time and for any reason, in which case Read3 Literacy may refund to the Customer the pro rata unexpired portion of the Licence Fee;
• if the Customer or any Licensed User breaches any provision of this Licence Agreement and fails within 7 days to remedy that breach to the satisfaction of Read3 Literacy after receiving a written notice from Read3 Literacy identifying the breach and requiring it to be remedied, in which case Read3 Literacy will not be liable to repay to the Customer any monies paid by the Customer under this Licence Agreement, even if the 12 month period in respect of which such monies were paid has not ended, and Read3 Literacy will be entitled to take any additional action that is legally available to it.

Immediately upon termination of this Licence Agreement or of the nomination of any Licensed User:

• Read3 Literacy may cancel the Login ID of the Licensed User; and
• the Customer must at its own expense destroy all downloaded materials, all printouts and copies or extracts thereof, and any unauthorised copies (in print or machine-readable form) of the Licensed Product that are in the possession, custody or control of the Customer or any Licensed User.

For the avoidance of doubt, once a Licence Agreement terminates (including for failure to renew a Licence Agreement at the end of its 12 month term), neither the customer nor any Licensed User may continue to use any resources obtained from the Licensed Product (including downloaded resources).

Upon termination of this Licence Agreement, any rights that have accrued under this Licence Agreement are not affected.

6. Linked sites

Our website and resources may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Intellectual property rights

Unless otherwise indicated, Read3 Literacy owns or licences from third parties all of the right, title and interest to all intellectual property (including copyright, designs, patents, trademarks and other intellectual property rights) on this website (including all text, graphics, logos, audio and software available on this website) or comprised in the Products (Content).

Your use of this website and use of and access to any Content does not grant or transfer any right, title or interest to you in relation to this website or the Content. However, we grant you a licence to access the website, view the Content and print and make copies of material in accordance with these Terms.

Any unauthorised copying, reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, except as expressly permitted by us, you must not copy the Content to any other server or location.

8. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
2. using this website to defame or libel us, our employees or other individuals;
3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

9. Literacy disclaimer

We do not represent or warrant that this website or the Products will enable you or your child, or any other person using this website or the Products, to read, write or spell, or that they will improve their ability to read, write or spell.

The ability to read, write and spell is dependent on a large number of factors that we are unable to control, therefore it is impossible for us to be confident that our Products or any particular practice will enable a person to read, write or spell or improve their ability to read, write or spell.

The Read3 Literacy Intervention is not a collection of separate resources. It is intended to build skills in a structured and systematic way. It is intended to be implemented in its entirety with regular practice and monitoring.

10. Medical disclaimer

Read3 Literacy is not a medical organisation, and our staff cannot give you medical advice or diagnosis. Nothing contained on this website should be construed as such advice or diagnosis. The information contained on this website, or comprised in the products sold on this website, should not be interpreted as a substitute for consultation, evaluation, or treatment by a suitably qualified professional. The website is not intended for use by individuals with any type of medical condition. Such individuals are specifically advised to seek professional medical assistance.

11. Training

To ensure fidelity of implementation, Read3 program training is mandatory for all licensed professional users. Please refer to our Training & PL page for more details on training provided.  

12. No warranties

Subject to any rights you may have under the Australian Consumer Law:

• This website and the Products are provided on an ‘as is’ basis and without warranties of any kind, either express or implied.
• Read3 Literacy disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.
• Read3 Literacy does not warrant that this website or the Products will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
• Any product, content or material downloaded or otherwise obtained through the use of this website is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, content or material.
• Read3 Literacy does not warrant or make any representation regarding the use or the results of the use of this website or the Products in terms of their correctness, accuracy, reliability, or otherwise.
• No advice or information, obtained by you from us or through this website or the Products shall create any warranty not expressly provided for in these terms.

13. Limitation of liability

Subject to any rights you may have under the Australian Consumer Law, you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:

• the use or the inability to use this website or the Products;
• the use of any Content or other material on this website, the Products sold on this website or any website or websites linked to this website;
  • the cost of procurement of substitute goods or services resulting from any Products purchased or obtained or messages received or transactions entered into through or from this website;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party on this website; or
• any other matter whatsoever relating to this website.

Where your loss is not or cannot by law be excluded by these terms and conditions then (subject to any rights you may have under the Australian Consumer Law):

• in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our website; and
• our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these terms and conditions is limited to, at our election:
• In the case of goods, any one or more of the following:

1. 1. the replacement of the goods or the supply of equivalent goods;
   2. the repair of the goods;
   3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
   4. the payment of the cost of having the goods repaired; or

• • In the case of services:

1. 1. the supplying of the services again;
   2. the payment of the cost of having the services supplied again.

If you are dissatisfied with this website or these Terms, your sole and exclusive remedy (subject to any rights you may have under the Australian Consumer Law) is the discontinuation of your use of this website.

If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.

14. Governing law, jurisdiction

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, and the courts of Queensland, Australia have exclusive jurisdiction to deal with all disputes relating to these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us, and supersede and replace any prior agreements we might have had between us.

15. Contact us

If you have any questions about these Terms, please contact Read3 Literacy by email: info@read3.com.au.