Wushka Program Coordinator, Teacher User and School Student User Agreement: Terms of Use
Please read the terms of this end user agreement (“these Terms of Use”) carefully. By accessing the Wushka program, Readers, Reproducible or Non-Reproducible Resources published on the website wushka.co.nz (or other Wushka domains) operated by Modern Teaching Aids Pty Ltd (ACN 000 628 786) (“Wushka”) (“our website” or “the Wushka website”), you, the Program Coordinator and/or Teacher User (“Program Coordinator” and/or “Teacher User”), accept these Terms of Use as they apply from time to time.
1.0 Definitions
1.1 In these Terms of Use:
“Approved Uses” means the approved uses set out in clause 5;
“Collected Data” means any records including any reading statistics, quiz results, assessments or reading history (excluding personal information as defined by the Wushka Privacy Policy) that is collected by Wushka when using Wushka Content;
“Content” means the Resources, Readers, text, badges, quiz questions and answers, website design, logos, graphics, images, illustrations and other materials on the Wushka Website;
“Library Access” means access to digital content for the particular per student subscription (that is the Wushka Levelled Library or Wushka Decodable Library or Wushka Plus Licence) in accordance with the terms of this Agreement.
“Licence Term” means (a) for schools with an existing fully paid Wushka Site as at 28 February 2022 the period of one year from February 1 to January 31; and (b) for schools subscribing on or after 28 February 2022 the period of one year from the date of the initial invoice for subscription fees (“Initial Invoice)]
“Further Licence Term” means a successive Term of one calendar year, commencing from the end of the previous Licence Term, which is activated in accordance with clause 3.3;
“Wushka Site Licence” means the licence giving School Student Users, Teacher Users and the Program Coordinator access to their School Student User, Teacher User and Program Coordinator Accounts.
“Wushka Site Licence Fees” means the payment made by the School that grants School Student Users, Teachers Users and the Program Coordinator access to the Wushka program in accordance with clause 2.
“Login Details” means any personal and confidential usernames and passwords used to access the Program Coordinator Account, Teacher User Account or School Student User Account.
“Standard Payment Terms” means the payment terms in MTA’s Terms and Conditions available here https://www.teaching.co.nz/page/mta-nz-terms.
“Non-Reproducible Resources” means a resource that a Program Coordinator, Teacher User and School Student User cannot copy for any use in accordance with clause 5.3;
“Program Coordinator” means an elected representative of the School, approved by Wushka, whom has read and agreed to these Terms of Use and has activated a Wushka Program Coordinator Account;
“Program Coordinator Account” means the account which has been activated by the Program Coordinator;
“Reproducible Resources” means the educational Resources or other Content made available by Wushka for reproduction and use by the School Student Users, Teacher Users and the Program Coordinator in accordance with clause 5.1;
“Readers” means Non-Reproducible Resources of book length publications in electronic or digital formats, made available to the Program Coordinator, Teacher User and School Student User for use in accordance with clause 5.2;
“School” means an educational institution recognised by the Department of Education and Communities whether Government or Non-Government or a Wushka approved educational institution;
“School Term” means the period starting from the first day of the school term (including pupil free days) and ending on the last day of the school term prior to the commencement of the School holidays.
“School Student User” means a student of the School who has access to a School Student User Account;
“School Student User Account” the Wushka School Student User account which is linked to a Teacher User Account and has been activated by that Teacher User for use by a School Student User during the Permitted Hours of Use;
“Teacher User” means any school educator on the staff of the Program Coordinator’s School who has activated a Teacher User Account;
“Teacher User Account” the Wushka account which is linked to a Program Coordinator’s Account and has been activated by the a Teacher User for the management of School Student Users;
2. Grant Permission
2.1 Wushka will provide the Program Coordinator, Teacher Users and School Student Users access to Wushka including Library Access , and activation of the Program Coordinator, Teacher User and School Student User Accounts to view, download and use Reproducible, Non-Reproducible Resources and Readers for the Approved Uses during the Licence Term and any Further Term. Invoices for Wushka Site Fees are payable on Standard Payment Terms.
3. Account and Renewal
3.1 Access to the Wushka program commences from the date the Program Coordinator activates their Program Coordinator Account3.4 If the Program Coordinator elects to close the Program Coordinator Account the permission granted under clause 2 will cease.
3.5 The Program Coordinator and Teacher Users are required to ensure that the information provided in the Program Coordinator Account, Teacher User Accounts and School Student User Accounts is accurate and current.
3.7 The Wushka Site Licence is for the LicenceTerm and will automatically be renewed at the end of each Licence Term for a Further Licence Term unless the School elects unless the school elects not to renew by giving notice in writing to onlinelearning@teaching.co.nz at least 30 days prior to the renewal date or if the is otherwise terminated in accordance with this Agreement. Where the School continues to use the Wushka Site Licence they automatically accept the Terms of Use for the Program Coordinator, Teacher Users and School Student Users.
3.8 If the School elects to cancel the Wushka Site Licence under clause 3.7 the permission granted under clause 2 will cease.
4. Login Details
4.1 Login Details will be created by the during the activation process and class set up and may only be used by the appropriate Program Coordinator, Teacher User or School Student User.
4.2 Once the Wushka Site Licence has been activated and the Program Coordinator’s Account, Teacher User Account or School Student User Account are active and Login Details have been created the Program Coordinator, Teacher Users or School Student Users are permitted to access the Wushka Website to use the Resources and Readers in accordance with the Approved Uses in clause 5.
4.3 A Program Coordinator’s Account, Teacher User Accounts or School Student Users Accounts are personal to the Program Coordinator, Teacher User or School Student User and may not be shared or used by multiple users or any other person.
4.4 Should Wushka become aware that a Program Coordinator, Teacher User or School Student User is sharing Login Details with any other person, Wushka reserves the right to suspend the Program Coordinator, Teacher User or School Student User Accounts and to terminate this agreement.
4.5 Login Details must be kept confidential and may not be publicly disclosed or made publicly available.
5. Approved Uses
5.1 Reproducible Resources may be downloaded, printed, copied, and reproduced for educational use by the Teacher User within the Teacher User’s School.
5.2 Readers may be used as follows:
- a. Readers may be viewed on a compatible electronic device or projected on an interactive whiteboard by Teacher Users and School Student Users; and
- b. black and white printable versions of the Readers may be printed as Reproducible Resources, by a Teacher User for educational use within the Teacher Users School only.
5.3 Non-Reproducible Resources may only be used by a Teacher User and School Student Users for the Teacher and School Student Users’ personal use and may not be copied for use by any other person or student, reproduced in any form (electronic or hard copy), stored on a retrieval system or transmitted in any form without the prior written consent of Wushka.
5.4 Non-Reproducible Resources, Reproducible Resources, Readers and any Content on the Wushka site may not be used for any commercial purposes or re-supplied or incorporated within any other product or service.
5.5 Program Coordinator, Teacher Users or School Student Users are not permitted to upload Resources, Readers or pages or Content from the Wushka Website to any other website.
6. Privacy Policy
6.1 The collection, storage and use of personal information by Wushka will occur in accordance with the Wushka Privacy Policy, as published on the Wushka website and updated from time to time.(https://wushka.co.nz/privacy/)
6.2 Collected Data will remain the property of Wushka and cannot be removed from the Wushka website.
7. Not Applicable
8. Trade Marks
8.1 Wushka is the owner of the trade marks that appear on the Wushka Website, including: the WUSHKA trade mark.
8.2 The Program Coordinator, Teacher User or School Student User must not use any of these trade marks in a way that infringes Wushka’s intellectual property rights.
9. Intellectual Property and Copyright
9.1 Unless otherwise indicated, Wushka owns all of the intellectual property, including copyright, in the Readers, Non-Reproducible Resources, Reproducible Resources and Content.
9.2 The Program Coordinator, Teacher User and School Student User acknowledges that all of the intellectual property rights, including copyright, in the Readers and Resources will remain vested solely in Wushka and that the Program Coordinator, Teacher User and School Student User will not obtain any right, title or interest in the Readers, Non-Reproducible Resources, Reproducible Resources or Content.
10. Closure of Account and Termination
10.1 The Program Coordinator may elect to close the Program Coordinator Account by notifying Wushka. This notification will remove access for all Program Coordinator, Teacher Users and School Student Users of that School.
10.2 The permission granted under clause 2 and this Agreement may be terminated by Wushka if the Program Coordinator, Teacher User or School Student User is in breach of any of these Terms of Use (including but not limited where there is a to failure to pay license fees when due) by giving the Program Coordinator or Teacher User 7 days’ notice of termination by email.
10.3 In the event that the permission granted under clause 2 is terminated by Wushka, the Program Coordinator, Teacher User or School Student User will from termination, cease all use of the Readers, Non-Reproducible Resources and Reproducible Resources and if requested by Wushka, return or destroy all electronic copies of the Readers, Non-Reproducible Resources and Reproducible Resources in the Program Coordinator’s, Teacher User or School Student Users possession, custody or control.
10.4 The School may elect to cancel their Wushka Site Licence and student subscriptions by notifying Wushka, with a minimum 30 days written notice. This notification will remove access for the Program Coordinator, Teacher Users and School Student Users in accordance with clause 2 and will result in termination of this Agreement.
10.5 A refund of the Wushka Site Licence Fee will be reviewed and accepted in the absolute discretion of Wushka. If written notice of cancelation, account closure and termination as required under these terms is received, Wushka may in it absolute discretion provide a refund of the annual Wushka Site Licence Fee on a pro-rata basis for the remainder of the annual subscription period. Wushka Licence Fees are not refunded for Licence Terms/ part Licence Terms which have passed regardless of the time of cancelation, closed or termination and despite any failure to use.
11. Indemnity
11.1 By using the Wushka Website, Non-Reproducible Resources and Reproducible Resources and Readers the Program Coordinator, Teacher User sand School Student Users agrees to indemnify, defend and hold harmless Wushka and its subsidiaries, officers, employees and agents from and against any losses or liabilities, claims, damages or expenses, which may arise (directly or indirectly) out of or as a result of the use by the Program Coordinator, Teacher Users or School Student Users of the Non-Reproducible Resources, Reproducible Resources and Readers.
12. Warranties, Guarantees and Limitation of Liability
12.1 The Program Coordinator, Teacher Users or School Student Users acknowledge and agree that to the maximum extent permitted by law, Wushka will not be liable for any direct or indirect loss or damage (including direct or indirect consequential loss, loss of profits or goodwill) in respect of the Readers, Non-Reproducible Resources, Reproducible Resources or Collected Data or the Program Coordinator’s, Teacher Users’ or School Student Users’ use of the Readers, Non-Reproducible Resources and Reproducible Resources
13. Assignment
13.1 Wushka may assign its rights under these Terms of Use without notice to the Program Coordinator, Teacher User and School Student User.
14. Amendments to Terms
14.1 Wushka may amend these Terms, and all other terms, policies, and website content contained therein from time to time and at any time.
14.2 Wushka will notify Program Coordinators and Teacher Users of any amendments to these Terms of Use by publishing the amended terms on the Wushka Website (https://wushka.co.nz/school-terms-and-conditions/).
15. Governing Law
15.1 The use of the Wushka Website, the Readers, Non-Reproducible Resources and Reproducible Resources and these Terms of Use are governed by the laws of the State of New South Wales, Australia. The Content on the Wushka website relates to the laws of Australia, unless specifically stated otherwise.
16. General
16.1 These Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from those courts.
16.2 If a provision of these Terms is held to be unlawful or in conflict with any rule of law, statute, ordinance or regulation it must be severed so that the validity and enforceability of the remaining provisions are not affected.
