TERMS

Sunshine Online Terms of Use

Legal Restrictions and Terms of Use Applicable to https://www.sunshineonline.co.nz (Site) Use of this Site and all content, information and materials accessed or otherwise made available to you through this Site including, without limitation, all literacy, numeracy and other educational materials and any software (“Materials”) signifies your agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this Site and the Materials, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site or the Materials.The following legal restrictions and Terms of Use apply to this Site and any other site and materials owned and/or operated by or on behalf of Wendy Pye Publishing Ltd (”Wendy Pye Publishing”) that states that it is governed by these Terms of Use and/or links to these Terms of Use.

FREE TRIALS

14-day free trials offered of this Site are restricted to three in any given 12-month period. Any further trials in these periods are subject to approval by Wendy Pye Publishing. Your account may be terminated by Wendy Pye Publishing if these restrictions are exceeded.

USER SUBSCRIPTIONS

When you choose to create a subscription from the Site you agree to provide only true, accurate, current and complete information. Schools may provide de-identified student data if they choose to do so. All personal information you supply will be subject to the privacy policy of Wendy Pye Publishing as separately included on this Site. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any username and/or password that may be assigned to or selected by you so that others may not access any members-only or password-protected portions of the Site using your subscription and/or identity. You agree to immediately notify Wendy Pye Publishing of any unauthorized use of your login name or any other breach of security known to you. You will not create more than one account. If Wendy Pye Publishing disables your account, you will not create another one without the prior written consent of Wendy Pye Publishing.
Parent users are limited to three users per subscription. Non-payment of renewal invoices will also incur subscription cancellation. Wendy Pye Publishing reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Site for any reason.

MULTI-CAMPUS SCHOOLS

Subscriptions for multi-campus schools (being subscriptions for more than 200 students) have a different pricing structure. Please contact our sales office for pricing.

USE OF MATERIALS

The Materials are owned by Wendy Pye Publishing (unless otherwise indicated) and are protected under intellectual property laws including, without limitation, pursuant copyright and trade mark laws. In consideration of your payment for your subscription, you are granted a personal, non-transferable, limited right to use the Materials in accordance with your subscription for private, non-commercial use for educational purposes and not for any other purpose. No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the Materials or use of the Materials for any other purpose is a violation of Wendy Pye Publishing’s intellectual property rights and these Terms of Use. For purposes of these Terms of Use, the use of any such Material on any other website or networked computer environment is prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") is licensed to you by Wendy Pye Publishing and is deemed to be part of the Materials. Wendy Pye Publishing does not transfer title of the Materials to you. As between you and Wendy Pye Publishing, Wendy Pye Publishing retains full and complete right, title, and interest in and to the Materials and all intellectual property rights therein (including all modifications, enhancements and developments howsoever created). You may not redistribute, sell, decompile, reverse-engineer or disassemble the Materials.
You will not challenge the validity of the whole or any part of the intellectual property in or relating to the Materials or do anything which impairs the rights of Wendy Pye Publishing in or to the Materials or which prejudices, dilutes or reduces the commercial value, reputation or goodwill of or in any of the Materials.

Intellectual Property Rights for User-Generated Content

By submitting, posting, or sharing content (“User Content”) on the Site, you acknowledge and agree to the following intellectual property rights terms:

1. Ownership
You retain all ownership rights to the User Content you create and submit on the Site. Wendy Pye Publishing not claim ownership of User Content.

2. License Grant
By submitting User Content, you grant Wendy Pye Publishing a limited, non-exclusive, royalty free revocable license to host, store, and display your User Content solely for the purpose of operating and providing the Site's services. Wendy Pye Publishing will not use, reproduce, modify, adapt, distribute, or otherwise exploit your content beyond what is necessary to provide Site functionality.

3. User Responsibilities
You affirm that you own or have the necessary rights, permissions, or licenses to submit the User Content. Your User Content must not infringe on any third-party rights, including copyrights, trademarks, or privacy rights. You grant other users a limited right to view and interact with your User Content as permitted by the Site's features and Terms of Use.

4. Content Removal & Termination
Wendy Pye Publishing reserves the right to remove any User Content that violates its policies or applicable laws. If you delete your User Content, the license granted to Wendy Pye Publishing will immediately terminate, except where retention is required for legal or compliance reasons.

5. No Liability
Wendy Pye Publishing is not responsible for any misuse of your User Content by other users or third parties.

USER CONDUCT

Derogatory, harmful or unlawful conduct is not permitted on the Site. Users are not permitted to upload to, distribute through, or otherwise publish through the Site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Site. Unauthorized collection and/or use of email addresses via the Site is also not allowed. Wendy Pye Publishing is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of the Site. You acknowledge that Wendy Pye Publishing may or may not pre-screen and/or monitor content posted on the Site and that Wendy Pye Publishing shall have the right to remove, edit, move or close, in whole or in part, any feature on the Site at any time for any reason, in Wendy Pye Publishing’s sole discretion. You hereby agree to comply with all laws that apply or may apply to your use of activities on the Site and any rules for conduct on the Site or use of specific features and/or services offered thereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.

CHANGES TO SITE

Wendy Pye Publishing may add, change, discontinue, remove or suspend any portion of the Site or Materials at any time, without notice.

TERMINATION

The agreement under these Terms of Use is effective until the end of the relevant subscription period unless terminated earlier by either party. You may terminate your subscription at any time by notice in writing and destroying all copies of all materials obtained from Wendy Pye Publishing (including all Materials from the Site) and all related documentation and all copies and installments thereof whether made under these Terms of Use or otherwise. Your subscription will terminate following notice from Wendy Pye Publishing, if in Wendy Pye Publishing’s sole discretion you fail to comply with any term or provision of these Terms of Use, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Wendy Pye Publishing may also suspend access pending termination if Wendy Pye Publishing considers the circumstances warrant this and will notify you of any such suspension. Upon termination, you must destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise. Any termination shall not affect those provisions intended to or capable or surviving termination and shall be without prejudice to Wendy Pye Publishing’s rights and remedies accruing prior to termination.

DISCLAIMER

Wendy Pye Publishing makes no representations or warranties with respect to the Site or Materials, which are provided for use "as is" and "as available." Wendy Pye Publishing disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, with respect to the Site (and any website with which it is linked) and the Materials. To the maximum extent permitted by law Wendy Pye Publishing does not warrant the functions, information or links contained on the Site or that its contents (including the Materials) will meet your requirements, that the Site or its contents (including the Materials) are fit for any particular purpose or that the operation of the Site or its contents (including the Materials), will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. To the maximum extent permitted by law Wendy Pye Publishing does not warrant or make any representations regarding the use or the results of the use of the Materials in terms of their correctness, accuracy, reliability, or otherwise. You (and not Wendy Pye Publishing) assume the entire cost of all necessary servicing, repair or correction. To the maximum extent permitted by law, under no circumstances, including, but not limited to, negligence, shall Wendy Pye Publishing be liable for any special, incidental or consequential loss or damages or any loss of data, loss of information, loss of access, loss of revenue or loss of opportunity (whether direct or indirect) that result from the use of, or the inability to use, the Site or Materials even if Wendy Pye Publishing has been advised of the possibility of such damages or loss. In no event shall Wendy Pye Publishing’s total liability to you for all damages, losses and causes of action (whether in contract, or not (including, but not limited to, negligence) or otherwise) exceed the amount paid by you for accessing the Site under your subscription.

INDEMNIFICATION

By using the Site, you agree to indemnify, defend and hold harmless Wendy Pye Publishing and its directors, officers, employee and agents, from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) a claim that is based on your use of any content (including the Materials) on the Site; or (3) any material uploaded by you or through your computer to the Site or otherwise sent by you to Wendy Pye Publishing. You will cooperate as fully and reasonably as required by Wendy Pye Publishing in the defense of any claim. Wendy Pye Publishing reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Wendy Pye Publishing.

OTHER

Wendy Pye Publishing shall not be liable for a failure or delay in performance in connection with the Site or the Materials where such failure or delay is caused by Act of God (such as fire, flood or earthquake), state of emergency, war, Act of Parliament, governmental or regional or local authority restraint, legislation or bylaw, strike, industrial action, lockout, difficulty in procuring components or materials, technical difficulties or interference, equipment malfunction, shortage of labour, lack of skilled labour, delays in transit, failure or delays by suppliers or subcontractors, failure, delay or inability to obtain any necessary authorisation, legislative, departmental or other prohibition or restrictions, legal action, injunction or threat or reasonably anticipated threat of injunction or other legal action by any person or other causes whatsoever (whether similar in nature or not to the foregoing) beyond our reasonable control.
Wendy Pye Publishing may assign its rights and obligations under these Terms of Use to any party or sub-contract the supply of the whole or any part of the Site or Materials. Your rights are personal to you and you may not assign, sub-license or sub-contract your rights and obligations without our prior written consent.
These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand. You and Wendy Pye Publishing each agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

REFUNDS/RETURNS POLICY

Wendy Pye Publishing Limited offers a no-questions asked 10-day money-back guarantee to schools and parents for subscriptions to the Site and relevant Materials. Refund requests must be made within 10 days from subscription purchase. No refunds will be offered beyond this time. To request a refund email the relevant address set out below and provide the following information: Full name, School name, Contact telephone number, Email address, subscription purchase date and order number, the amount you are requesting a refund for. Upon receipt of your refund request it will be processed as soon as possible. Allow up to 10 working days. Once processed, your subscription will be cancelled.

Wendy Pye Publishing Ltd
413 Great South Road
Ellerslie, Auckland, 1051
support@sunshineonline.co.nz