Acknowledgment and Acceptance of General Terms and Conditions

Updated: 1/02/2025

These General Conditions apply to all users of sciPAD Online, whether access has been granted through the purchase of a corresponding workbook by a school or educational institution, or directly by a student, parent, or guardian. Where the user is a minor, the student’s school or parent/guardian must give prior consent before the student is provided access to the Services.

By accessing or using the Services or any content provided via the Services, the Customer agrees to comply with the obligations set out in this Agreement.

Definitions

Commencement Date: The date the Services are to commence, as outlined in the Subscription.
Customer, “you”, and “your”: The purchaser of the Services as identified in the Subscription.
Customer Data: All data in any format (e.g., text, images, audio, video, user interactions, IP addresses) contributed, linked to, or made available through the Service by a User.
Business Day: Any day except Saturday, Sunday, or a recognised New Zealand public holiday.
Initial Subscription: The initial term as set out in the Subscription.
Intellectual Property Rights:

All forms of intellectual property including patents, trademarks, copyrights, and designs under New Zealand law and applicable international jurisdictions.
Includes rights to apply for registration and any rights relating to trade secrets, know-how, and confidential information.
Personal Information: As defined by the Privacy Act 2020 (updated from Privacy Act 1993, which is now repealed).
Services: Access to Silverback Academic Media’s interactive e-learning tools, curricula, and related content via the sciPAD Online Platform.
sciPAD, “we”, “us”, or “our”: Refers to Silverback Academic Media Ltd.
sciPAD IPR: All intellectual property in sciPAD Workbooks, sciPAD AR, and sciPAD websites, excluding Customer Data and User Content.
sciPAD Platform: The cloud-based online and augmented reality learning platform.
Subscription: The purchase details for accessing the Services.
Term: The duration of the Services as specified in the Subscription.
User: Any authorised teacher, student, or individual permitted to use the Services.
User Account: A user-specific login credential for accessing the Services.

Privacy

By agreeing to these General Conditions, you also agree to the terms outlined in our Privacy Policy, which forms part of this Agreement. All personal data will be managed in accordance with the Privacy Act 2020. By accessing the Site or allowing a student to do so, you consent to the collection, storage, and use of personal data as described in the Privacy Policy.

Licence and Access

Licence
Upon receipt of payment (either direct or via workbook purchase), Silverback Academic Media grants the Customer and its Users a non-exclusive, non-transferable, revocable licence to access and use the Services for the current calendar year. Access currently applies to Book 1, Book 2, and Year 11 Science.

Access & Security
Customers must:

Not share their username or password.
Provide accurate information during subscription and keep it updated.
Maintain the security of their login credentials.
Notify us immediately if unauthorised access is suspected.

Scheduled and emergency maintenance may be carried out without prior notice, though advance notification will be given where feasible.

Acceptable Use
Use of the Service is limited to educational or internal school use. Commercial use is prohibited without our prior written consent. Any breach (e.g. unauthorised access, tampering, or misuse) may result in termination of access.

Platform Development

sciPAD Online is continually evolving. We reserve the right to update or alter curriculum content, tools, or features without notice, though we will consult Customers where significant disruption may occur.

User Conduct

Users must not:

Share login credentials with unauthorised persons.
Interfere with the platform or its operations.
Distribute content externally unless permitted.

Users are responsible for ensuring their device is protected from viruses or malware when accessing the Services.

Termination

This Agreement may be terminated if:

A material breach is not remedied within 7 days of notice.
Payment is not made within 14 days of written demand.

Termination does not affect any accrued rights or obligations as of the date of termination.

Devices & Subscriptions

Access is provided across desktop and mobile formats.
Subscriptions are based on the New Zealand school calendar year (1 January – 31 December) and may be extended at our discretion. Internet and hardware costs are the user’s responsibility.

Service Content

To the best of our knowledge, the software and content provided do not infringe the rights of others or breach New Zealand laws.

Our trademarks are protected and must not be used without attribution or in a misleading or disparaging way.

Data Retention

We will not delete Customer Data during any suspension or restriction period unless legally required.

Force Majeure

Neither party is liable for delays or failures due to events beyond their control (e.g., natural disasters, government action). Affected parties must notify the other promptly.

Disclaimers & Liability

Except where liability cannot be excluded under New Zealand law (e.g., under the Consumer Guarantees Act 1993), we do not guarantee:

Uninterrupted or error-free service.
Accuracy, completeness, or currency of content.

Silverback Academic Media is not liable for:

Indirect or consequential damages.
Data loss or corruption.
Any claim exceeding the total fees paid in the previous 12 months.

Indemnity

You agree to indemnify us for any loss or legal costs due to:

Breach of this Agreement.
Unlawful use of the Services.
Third-party claims arising from your content or conduct.
Failing to gain necessary consent for data collection/use.

Copyright

Copyright in all sciPAD content is owned or licensed by Silverback Academic Media. Content is protected under the Copyright Act 1994. Use beyond fair dealing or permitted exceptions requires prior consent.

General Provisions

Entire Agreement: This document supersedes all previous agreements.
Assignment: Customers may not assign rights without our written permission.
Waiver: Must be in writing.
Further Assurances: Each party must do what is necessary to carry out the Agreement.
Severability: Invalid provisions will be severed without affecting the remainder.
Governing Law: This Agreement is governed by New Zealand law. Parties submit to the jurisdiction of New Zealand courts.