bigPlan Terms of Use and Agreement

Welcome to www.bigplan.com.au. This Website is owned and operated by InfoByte Software solutions, an Australian company, which is located at 3 Cooktown Ave, Point Cook, VIC 3030. If you have any questions relating to this Website, you can email us at support@bigplan.com.au
So that you may fully enjoy our Website, we would like you to be aware of the following rules that govern your use of the Website.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY SUBSCRIBING TO THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. 

This User Agreement (the 'User Agreement') is a contract between you and InfoByte Software Solutions and applies to all users of this Website. In this User Agreement 'you' or 'your' means any person or entity using this Website, provided that if such person is under eighteen years of age or the age of majority in your jurisdiction, whichever is older (the 'Age of Majority'), it also includes such person’s parent or legal guardian. Unless otherwise stated, '', 'we' or 'our' refers to as part of InfoByte Software Solutions, an Australian company.

Amendments
We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and email you the copy of our Latest User Agreement. If you do not agree to the amended User Agreement, you may not continue to access or use the Website. 

Privacy Policy
We may collect your personal data when you visit our websites, subscribe to our products, or use our online tools.
Our general Privacy Policy (as of the most recent effective date) (the 'Privacy Policy') is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website. Any other posted guidelines or rules applicable to any individual use of this Website will form part of this User Agreement.

Links to Other Websites
Any other websites that link to this Website are not part of this Website and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third-party websites to whom we provide links.

Registration and your Account
Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, 'Public Information). Other products, services, information and communication provided by www.bigplan.com.au require registration in order to be accessed and/or used by you (collectively, 'Member Information). This User Agreement applies equally to the use and access of Public Information and Member Information.

When you register at this Website, you will be asked to provide your email and password (collectively, your 'Account') and you may be asked to enter credit card information for online subscription in order to access the Member Information.

Security of your Account
IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN EMAIL AND PASSWORD AND YOU SHOULD KEEP YOUR LOGIN EMAIL AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your login name and password to identify you when you return to our Website. If you forget your login name or password, you will not be able to access some of the activities and lessons available on www.bigplan.com.au. You may reset your password by clicking ‘I’ve forgotten my password or login’ on the login page.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: immediately notify us of any unauthorised use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. InfoByte Software Solutions disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

Registration Period
Your Account on this Website is valid for as long as you maintain a subscription. Your subscriptions will automatically renew every month until you unsubscribe your accounts. If you let your Account lapse without renewing it prior to the end of your current subscription Period as discussed above, you may reactivate your Account within the next three months without losing all your details. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.

User Accounts, usernames (emails) and passwords are not transferable, even between your own Accounts, and digital items including games have no retail value and are not redeemable for cash.

Suspension or Termination of Account
bigPlan reserves the right to suspend any Account that has been inactive for six months or more. In addition, bigPlan may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event (i) it determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of or other third parties, or (ii) InfoByte Software Solutions decides to cease its operations and/or its provision of any applicable products or services in connection with this Website.

Subscriptions and Usage of Access Codes

By subscribing to bigPlan you have agreed to this user agreement and other terms and conditions. We will add your email to our communication about our products and services.

bigPlan Family subscription purchased through the bigPlan website gives access to two children or more based on the specific subscription purchased.

Your payments are processed by 3rd party payment gateways and any disputes about the payment should be notified to bigplan by email (support@bigplan.com.au)

Sample test do not have any expiry date, however, these tests may be altered or removed in the future.

Monthly Subscriptions renew automatically, and your credit card will be charged unless your subscription is cancelled at least 24 hours before the end of the current period. 

You may cancel your subscription at any time within your account dashboard and you will loose the ability to access online resources to bigPlan and you will not be refunded for the days left in your subscription.

Please contact our team at support@bigplan.com.au if you have any queries

Refund Policy
Sample tests are available for free.
There are no initial or recurring charges for Sample Tests. 
Monthly subscriptions renew automatically and your credit card will be charged unless your subscription is cancelled at least 24 hours before the end of the current period. You may cancel your subscription at any time within your account dashboard. Any charges for previous or current months, or part thereof, are not refundable.
Once you cancel your subscription your access to the subscription Information and material will be immediately suspended and there will be no refund for any time or days left in your subscription.
Please contact our team at support@bigplan.com.au if you have any queries.

Ownership of Intellectual Property and Restrictions on Use of bigPlan Information and Materials
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Games, Public Materials, Member Materials, animations, access codes together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, any copyrightable and/or patentable elements and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents (collectively the ' Materials') are the property of InfoByte Software Solutions, its partners, affiliates, third-party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by Australian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Materials; (iv) publish any collection or compilation of any product listings, descriptions or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of , InfoByte Software Solutions or its licensors; or (viii) use any meta tags or any other 'hidden text' utilizing the trademarks, logos, trade names or content of , InfoByte Software Solutions or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software and data accompanying the software (the 'Software') are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. InfoByte Software Solutions keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

bigPlan and InfoByte Software Solutions has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on this Website more enjoyable, please follow the minimum requirements outlined here. These requirements may change, and such changes will be posted on this Website.

FOR INFORMATION ON COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP OF THE NAPLAN PROGRAM MANAGED BY ACARA, PLEASE REFER TO THE DISCLAIMER SECTION BELOW.

User Content
Certain areas of this Website will permit you to send text, information and other submissions to InfoByte Software Solutions. InfoByte Software Solutions values your feedback on this Website, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the 'User Content'), submitted by you to or otherwise posted on this Website shall be deemed to be, and shall remain, the property of and InfoByte Software Solutions. You shall be deemed to have irrevocably assigned in perpetuity to InfoByte Software Solutions free of charge all your worldwide right, title and interest in and to such User Content, and waived any 'moral' or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, and InfoByte Software Solutions shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to InfoByte Software Solutions, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.

You are responsible for all User Content posted by you. AND InfoByte Software Solutions HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. InfoByte Software Solutions retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.
User Code of Conduct
The Website is provided by InfoByte Software Solutions and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. 
Users of this Website must not:
Use this Website in such a way as to offend or interfere with the use by anyone else of this Website.
Sell, trade or barter any items earned through this Website.
Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
1. Attempt to circumvent the security systems of this Website.
2. Attempt to gain access to this Website in a fraudulent manner, including but not limited to using fraudulent methods.
3. Attempt to use this Website in a fraudulent manner, including but not limited to, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
4. Attempt to gain access to any other user’s Accounts.
5. Attempt to ascertain any other user’s password, pet codes and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication.
6. Attempt to harvest or otherwise collect information about other users without their consent.
7. Attempt to use this Website for any purposes other than those intended by InfoByte Software Solutions.
8. Upload or submit any data or information that contains viruses, or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Spam
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Disclaimers
THIS IS NOT AN OFFICIALLY ENDORSED PUBLICATION OF THE NAPLAN PROGRAM AND IS PRODUCED BY InfoByte Software Solutions INDEPENDENTLY OF AUSTRALIAN GOVERNMENTS.

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AND InfoByte Software Solutions DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

AND THE InfoByte Software Solutions DOES NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH OUR CUSTOMER SERVICE DEPARTMENT OR SALES REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, AND THE InfoByte Software Solutions DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, AND InfoByte Software Solutions DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU. IF YOUR USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.

Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF InfoByte Software Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, /InfoByte Software Solutions IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE.

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. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF bigPlan AND InfoByte Software Solutions FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, ESTORE ITEMS OR ANY OF THE bigPlan WEBSITE INFORMATION, MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) USD$100.

NOTWITHSTANDING THE GENERALITY OF THE ABOVE, DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES.

Indemnity
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE TEAM AND InfoByte Software Solutions HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER OF THE GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ESTORE ITEM; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Feedback
Please contact us if you have any feedback or concerns about bigPlan website.

Note to Parents
Let’s work together and make your child’s experience a positive and successful one! We’ve been preparing this online resource as we are passionate to help children learn and adapt to new way’s of learning and developing their skills. 

This website is published by InfoByte Software Solutions.

This website is intended for Australian users only.