In-Game Learning Pty Ltd (ABN 74 681 049 356) (referred to as I-GL, we, our or us) owns and operates the website http://www.ingamelearning.com (referred to as Website). I-GL develops games and tools to support users to improve their plain language writing skills (referred to as Games and Tools).
This document sets out the terms and conditions for use of I-GL’s Website, Games, and Tools:
1.1 You are subject to these terms and conditions (referred to as Terms) when you are engaged in any one, or more, of the following activities:
1.2 Please read these Terms carefully before accessing and using the Website, Games, or Tools.
1.3 Your Authorised User’s access to, and use of, the Website, Games, or Tools, is governed by a separate document called the “End User Terms” (referred to as EUT). The EUT are available at this link EUT.
2.1 You agree to be bound by these Terms, and all other notices and policies posted by us on the Website or in a Game or Tool, whenever you do either, or both, of the following:
2.2 If you disagree with any part of the Terms, then you must comply with each of these requirements:
3.1 We may make changes to these Terms from time to time. Your use of the Website, Games, or Tools will be governed by the most recent Terms posted on the Website. If you continue to use any of the Website, Games, or Tools, then you agree to be bound by the most recent Terms. We will try to give you reasonable notice of any major changes.
3.2 Every time you wish to access the Website, Games, or Tools, please check these Terms to ensure you understand the terms that apply at that time. If you object to these Terms or any amendment of these Terms, then you need to comply with each of these rules:
4.1 We may update or modify our Website, Games, or Tools from time to time to reflect changes to our services, our users' needs, changes in law, our business priorities or for other reasons. We will try to give you reasonable notice of any major changes.
5.1 The I-GL Content on the Website, Games, or Tools is for general information purposes only. Any use of, or reliance on, the I-GL Content, materials or information is at your own risk. To the fullest extent the law permits, I-GL does not warrant, guarantee or make any representations regarding the currency, accuracy, correctness, reliability or usability of I-GL Content.
5.2 The I-GL Content on, or in, the Website, Games, or Tools is created, obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
5.3 All intellectual property rights, including copyright, in the Website, Games, or Tools and in I-GL Content are owned or licensed by I-GL. You must not copy, modify or transmit any part of the Website, Games, Tools, or I-GL Content without our written consent or permission.
5.4 Some I-GL Content on, or in, the Website, Games, or Tools may be subject to specific copyright licences or restrictions.
5.5 The Website, Games, and Tools contain trade marks, logos and trade names of I-GL or third parties. These trade marks, logos and trade names may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on, or in, the Website, Games, or Tools without our prior written consent.
6.1 AI is used by I-GL for various purposes, including these 2 purposes:
6.2 Although we use reasonable commercial endeavours to confirm our AI Tools work and operate for their intended purpose, including monitoring them for unwanted bias and hallucinations, you do both of the following:
7.1 You agree that in accessing and using the Website, Games, or Tools, you will not do any of the activities in clauses 7.1.1 to 7.1.10. Also, you must ensure that your Authorised Users do not engage, or attempt to engage, in any of those activities:
8.1 The Website, Games, or Tools may contain links to other websites. We have not reviewed all of the third-party websites linked to. Even where we have reviewed them, the third-party websites might have changed. We are not responsible for, and will not be liable in respect of, the content or accuracy of the content and privacy practices of other websites.
8.2 Also, any links to these other websites from the Website, Games, or Tools should not be interpreted as an endorsement of any company, content or products. We encourage you to examine each website's terms and conditions and privacy policy.
8.3 Facebook, Twitter, Bluesky, Instagram, LinkedIn, YouTube and other third-party websites that may link to the Website, Games, or Tools are not covered by these Terms. They may have their own terms and conditions and privacy policies. If you choose to access these third-party linked sites, then you do so at your own risk. We are not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. We are not responsible for and will not be liable in respect of any incorrect link to an external website.
9.1 We have policies and procedures in place to protect information that we have under our control. However, you should be aware that there are inherent risks associated with transmitting information via the internet.
9.2 I-GL will not be liable if the Website, Games, or Tools or any I-GL functionality is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
9.3 You acknowledge that the security of communications over the internet is inherently uncertain for various reasons, including that it relies on third-party services and is vulnerable to interception by third parties. I-GL does not guarantee the delivery or security of communications over the internet.
9.4 Although I-GL takes reasonable precautions to protect information transmitted through the Website, Games, or Tools, I-GL cannot and does not guarantee the security or confidentiality of these communications or the security of the Website, Games, or Tools.
9.5 I-GL does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website, Games, or Tools. Accordingly, I-GL accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
10.1 If you submit any personal information to I-GL, then (whether the persona linformation is of you or of another individual which you have the necessary consents to provide) we may collect it, use it and disclose it for the purposes contemplated by these Terms and under the I-GL Privacy Policy. You can access our Privacy Policy on the Website.
10.2 You agree that by using the Website, Games, or Tools, or by communicating with I-GL, you have read the Privacy Policy, understood its contents and consented to its requirements.
10.3 You must not upload any personal information of another individual to the Website, Games, or Tools unless you first make them aware of the I-GL Privacy Policy and have their consent to upload such personal information.
11.1 You acknowledge that the Website, Games, or Tools are provided “as is.” So, I-GL makes no guarantee of any drafting, or plain language improvement, for users.
11.2 To the fullest extent the law permits, I-GL makes no warranty that any of the following are the case:
11.3 You accept sole responsibility and all risk for using the Website, Games, or Tools. I-GL does not accept any liability for any loss or damage that may be incurred as a result of using the Website, Games, Tools, or any I-GL Content. That includes any damage caused to your computer, hardware, software or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the Website, Games, Tools, or I-GL Content.
11.4 You accept and acknowledge that the pricing for access to the Website, Games, and Tools is based on this clause 11 (Warranty) and the following clause 13 (Liability).
12.1 Payment for any access fee for the Website and Games is made online through the Website.
12.2 The Website integrates with Stripe, a hosted third-party payment gateway, to collect and process payments. Payment card details are entered into Stripe’s payment service and are not collected or stored by us on the Website. For more information about Stripe, please visit the following link https://stripe.com/au.
12.3 We accept only those credit cards that are issued or accepted in Australia. If you choose to pay by credit card, then you authorise us to debit the amount of Fees payable by you. If you are an organisation and buying at least 2 licences at the same time, then we may choose to give you the option to pay by bank transfer and to purchase a minimum of 2 licences at $249 each. So, the minimum amount we may choose to allow you to pay by invoice is $498.
12.4 When submitting your credit card or other payment information through Stripe, you represent each of the following:
12.5 We reserve the right, at our discretion, to cancel any payment if it appears fraudulent in any way. If we do so, then we may notify the cardholder and relevant authorities.
12.6 If we are unable to successfully process your credit or debit card payment, then we may suspend your access to the Website, Games, and Tools in accordance with clause 13.8.
12.7 When you choose the number of licenses you want to buy, we will offer you a limited range of currencies in which you can choose to pay. When you are taken to Stripe, it will display the price in the currency you chose.
12.8 All fees may be subject to change from time to time.
13.1 You must indemnify I-GL and its officers, employees, contractors and agents (referred to as Indemnified Party) against any losses any Indemnified Party suffers as a direct or indirect result of any one or more of the following:
13.2 Any indemnity payment payable by you to an Indemnified Party under clause13.1.1 will be payable immediately upon demand.
13.3 In this clause 13, losses means any and all costs (including legal costs and expenses on a full indemnity basis), fees, expenses, losses, damages, taxes, outgoings, claims, liabilities, causes of action, proceedings, awards and judgments howsoever arising.
13.4 Nothing in these Terms is intended to exclude, restrict or modify any rights that you may have under the Competition and Consumer Act 2010 (Cth), or any other applicable legislation, that may not be excluded, restricted or modified by agreement. The exclusions of and limitations on I-GL’s liability in these Terms do not apply in respect of any such statutory rights.
13.5 If I-GL’s liability with respect to any statutory rights may not be excluded, but may be restricted or modified by agreement, then I-GL’s liability is limited to (at I-GL’s election) these 2 remedies:
13.6 To the maximum extent the law permits, and despite any other provision of these Terms, the total aggregate liability of I-GL in connection with the Website, Games, Tools, or I-GL Content (whether arising under these Terms or otherwise) will not exceed the amount which is equal to 25% of the fees paid by you to us in the 12 months before the event giving rise to the claim.
13.7 To the extent the law permits, except to the extent caused by I-GL’s fraud or wilful misconduct, I-GL will have no liability to you for either, or both, of the following:
13.8 We reserve the right to revoke access to, and suspend the accounts of, you and your Authorised Users for either, or both, of the following:
14.1 These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and us. You may not assign your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent.
18.1 We make no representation or warranty that any services, information or content accessible through the Website, Games, or Tools is appropriate or available for use in locations outside Australia. If you choose to access the Website, Games, or Tools from other locations, then you do so at your own risk and you are responsible for compliance with all applicable laws. You are not authorised to access the Website, Games, or Tools from any location where doing so would be illegal.
18.2 You understand that some countries have import restrictions on certain goods or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before uploading User Content. If you are outside Australia, then you will become the importer and will be liable to pay local taxes, tariffs, or duties, etc. Also, you assume all liability under any customs or import laws and regulations.