Terms of Use

Legal Restrictions and Terms of Use Applicable to this Site
Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, 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. The following legal restrictions and terms of use apply to www.sunshineonline.com.au and any other site owned and/or operated by or on behalf of Wendy Pye Publishing Ltd 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 of the Sunshine Online program for schools are restricted to two in any given 12 month period. 14 day free trials of the Sunshine Online program for parents are restricted to three in any given 12 month period. Any further trials in these periods are subject to approval by Wendy Pye Publishing Ltd

USER SUBSCRIPTIONS
When you choose to create a subscription with www.sunshineonline.com.au, you agree to provide only true, accurate, current and complete information. 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 user name 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 www.sunshineonline.com.au using your subscription and/or identity. Parent users are limited to three users per subscription. Australian schools will be automatically renewed at the end of their 12 month subscription and an invoice will be sent to the school for payment. Schools may cancel automatic renewals within 30 days of their new subscription start date. Non-payment of renewal invoices will also incur subscription cancellation. Wendy Pye Publishing Ltd 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 www.sunshineonline.com.au for any reason, including without limitation for extended periods of inactivity.

MULTI-CAMPUS SCHOOLS
Sunshine Online for multi-campus schools has a different pricing structure. Please contact our sales office for pricing.

USE OF MATERIALS
This site is owned and operated by Wendy Pye Publishing Ltd. and unless otherwise indicated the contents of www.sunshineonline.com.au are the property of Wendy Pye Publishing Ltd and are protected, without limitation, pursuant to Australian and foreign copyright and trademark laws. No material from www.sunshineonline.com.au 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 Ltd’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, 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") are licensed to you by Wendy Pye Publishing Ltd. Wendy Pye Publishing Ltd does not transfer title of the Software to you. As between you and Wendy Pye Publishing Ltd, Wendy Pye Publishing Ltd retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant Wendy Pye Publishing Ltd and its agents and licensees a worldwide, royalty-free, fully paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on www.sunshineonline.com.au, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on www.sunshineonline.com.au. Users are not permitted to upload to, distribute through, or otherwise publish through www.sunshineonline.com.au 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 www.sunshineonline.com.au. Unauthorized collection and/or use of email addresses via www.sunshineonline.com.au is also not allowed.

Wendy Pye Publishing Ltd is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of www.sunshineonline.com.au. You acknowledge that Wendy Pye Publishing Ltd may or may not pre-screen and/or monitor content posted on www.sunshineonline.com.au, and that Wendy Pye Publishing Ltd shall have the right to remove, edit, move or close, in whole or in part, any feature on www.sunshineonline.com.au at any time for any reason, in Wendy Pye Publishing Ltd’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of activities on www.sunshineonline.com.au and any rules for conduct on www.sunshineonline.com.au or use of specific features and/or services offered thereon that may be posted on www.sunshineonline.com.au, whether in these terms of use or otherwise, from time to time.

CHANGES TO SITE
Wendy Pye Publishing Ltd may add, change, discontinue, remove or suspend any portion of www.sunshineonline.com.au at any time, without notice.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from Wendy Pye Publishing Ltd. and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Wendy Pye Publishing Ltd, if in Wendy Pye Publishing Ltd’s sole discretion you fail to comply with any term or provision of this Agreement, 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. Upon termination, you must destroy all materials obtained from www.sunshineonline.com.au and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER

WENDY PYE PUBLISHING LTD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO WWW.SUNSHINEONLINE.COM.AU OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." WENDY PYE PUBLISHING LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO WWW.SUNSHINEONLINE.COM.AU AND ANY WEB SITE WITH WHICH IT IS LINKED. WENDY PYE PUBLISHING LTD DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON WWW.SUNSHINEONLINE.COM.AU OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT WWW.SUNSHINEONLINE.COM.AU, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF WWW.SUNSHINEONLINE.COM.AU OR ITS CONTENTS, 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. WENDY PYE PUBLISHING LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON WWW.SUNSHINEONLINE.COM.AU IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WENDY PYE PUBLISHING LTD.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WENDY PYE PUBLISHING LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON WWW.SUNSHINEONLINE.COM.AU, EVEN IF WWW.SUNSHINEONLINE.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WENDY PYE PUBLISHING LTD’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 WWW.SUNSHINEONLINE.COM.AU.

INDEMNIFICATION
By using www.sunshineonline.com.au, you agree to indemnify, defend and hold harmless Wendy Pye Publishing Ltd. 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 on www.sunshineonline.com.au; or (3) any material uploaded by you or through your computer to www.sunshineonline.com.au or otherwise sent by you to Wendy Pye Publishing Ltd. You will cooperate as fully and reasonably as required by Wendy Pye Publishing Ltd. in the defense of any claim. Wendy Pye Publishing Ltd. 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 Ltd.

OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, without giving effect to any principles of conflicts of law. You and Wendy Pye Publishing Ltd. each agree to submit to the exclusive jurisdiction of the courts of the state of Victoria and the federal courts. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement 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 www.sunshineonline.com.au Refund requests must be made within 10 days from subscription purchase. No refunds will be offered beyond this time. To
request a refund email sales@sunshinebooks.com.au 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.

PERMISSION FOR REPRINTS
All material on www.sunshineonline.com.au without limitation, is protected by Australian and foreign copyright and trademark laws. In order to request permission to reprint any material on www.sunshineonline.com.au (outside of personal, non-commercial use), please write to:

Wendy Pye Publishing Ltd.
413 Great South Road
Ellerslie, Auckland 1051
sales@sunshine.co.nz
sales@sunshinebooks.com.au