Copyright

Copyright and Proprietary Rights

©Bright Islands Education Pty Ltd 2018

30 May 2018

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see and

The owners of copyright in the content on this website may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency.

We may change these terms of use from time to time. Check before re-using any content from this website.

Terms & Conditions

Terms and Conditions of Use

Please carefully read these terms and conditions of use (the "TOU") for the Bright Islands Education ("BIE") proprietary Bright Islands (BI) software. By using your login to access the system, you agree, on behalf of your organisation, to abide by these TOU. All references to "You" or "you" in these TOU refer to your organisation, which has licensed access to Bright Islands from BIE. All authorised users within your organisation are expected to comply with these TOU.

Terms of Trade

BIE may make certain limited portions of the Services available for free. BIE requires payment of a fee for use of additional Services (or certain portions thereof) that are not available for free on a subscription basis ("Subscription"). BIE may also provide portions of the additional Services that are made available to those who purchase Subscriptions without payment for a trial period, but your ability to access those Services will be terminated at the end of such trial period. At any time during the trial and thereafter, you may purchase a Subscription. BI does not support multiple sessions for the same login credentials. This is a violation of our terms and conditions; our plans are now subscription-based which means each user should have a subscription and thus their own login credentials.

  1. GENERAL. When you purchase a Subscription (each, a "TRANSACTION"), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "PAYMENT INFORMATION"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorise us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
  2. SUBSCRIPTIONS. If you purchase a Subscription, you will be charged the applicable Subscription fee plus any applicable taxes, and other charges ("Subscription Fee"), at the beginning of your Subscription and each period thereafter (such period will depend on the Subscription), at the then-current Subscription Fee.
  3. MODIFYING SUBSCRIPTIONS. Teacher and Student Subscription. Please be aware that the teacher and student subscription accounts are valid on a 3-, 6- and 12-month basis, depending on the Subscription from the date when the account is created or renewed. Once a virtual account has been upgraded to a trial or subscription account, you will not be able to downgrade to a virtual account. Please be aware that the parent subscription account’s validity is based on the number of parent subscriptions you have purchased. The child accounts are valid on a 3-, 6- and 12-month basis, depending on the Subscription from the date when the account is created or renewed. Downgrading your Subscription plan may cause the loss of features, or capacity of your Account. BIE does not accept any liability for such loss.
  4. CANCELLING SUBSCRIPTION. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; If we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to . You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current subscription period and will then terminate without further charges; however, you will not receive a refund for any unused Services.

Please note: All prices are quoted in $AUD and include GST. ABN: 31 626 482 282

If you have any questions regarding your subscriptions, please email us at .

Bright Islands and the content contained therein are the sole property of BIE and are protected by Australian and International Copyright laws. All copyright, trademark, and other proprietary rights in Bright Islands and in the software, text, graphics, design elements, audio, music and all other materials contained in Bright Islands are reserved by BIE. You may not use Bright Islands in any manner that infringes the proprietary rights of any person or entity.

Data Collection, Ownership and Security

In connection with your use of Bright Islands, you will be asked to provide BIE with data about your students. You represent and warrant that you have the right to provide BIE with all of the data you input into Bright Islands. As you use Bright Islands, data will be generated about your students' performance and progress. Both the information you input and the data generated by your usage will be referred to in these TOU as "Customer Data". You shall own all right, title and interest in and to the Customer Data. However, you hereby grant BIE a perpetual, worldwide, royalty-free licence to use the Customer Data: (a) to host and make access to Bright Islands available to you; and (b) for internal research and analytic purposes, provided, however that BIE will only use Customer Data for the purpose outlined in (b) above in an aggregated, non-personally identifiable form.

BIE takes the protection of Customer Data, particularly personally identifiable data, very seriously. BIE will not reveal names, identifiers or individual assessment results to any third parties.

Access to Bright Islands

Your authorised users will need valid emails and passwords, or access codes for students to access Bright Islands. You are responsible for the integrity and security of your emails, passwords and access codes. Please advise BIE immediately if any of your emails, passwords or access codes have been compromised.

BIE will use commercially reasonable efforts to make Bright Islands available to you 24 hours a day, except for: (a) planned downtime, of which BIE will give you reasonable notice where possible, and which BIE shall use reasonable efforts to schedule during the hours of 5:00pm AEST to 7:00am AEST; or (b) any unavailability caused by circumstances beyond BIE's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or Internet service provider failures or delays.

Limitations on Use

You shall not, nor permit any of your authorised users to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms underlying Bright Islands; (b) modify, copy, translate or create derivative works based on Bright Islands or any of the content contained therein; (c) rent, lease, distribute, sell, resell, assign or otherwise transfer rights to Bright Islands; (d) use Bright Islands for the benefit of a third party other than students or staff within your organisation; or (e) remove any proprietary notices from Bright Islands.

You may not reproduce, upload, post, transmit, download or distribute any part of Bright Islands content or information, or information accessed at other sites through links made from Bright Islands, other than printing out or downloading portions of the text and images for use in connection with the work of your organisation. If you leave Bright Islands via a link to a third-party site, BIE is in no way responsible for that third-party site and your use of that third-party site will be governed by that site's terms of use, not these TOU.

You must use Bright Islands in compliance with all applicable laws, rules and regulations, including, without limitation, laws and regulations that govern the export of technical data outside of Australia.

Limitation of Warranties and Liability; Indemnity

EXCEPT AS SET FORTH IN THESE TOU, BIE MAKES NO WARRANTIES WITH RESPECT TO BRIGHT ISLANDS. BIE DOES NOT WARRANT THAT BRIGHT ISLANDS WILL MEET ALL YOUR REQUIREMENTS, WILL BE ACCURATE OR WILL BE ENTIRELY UNINTERRUPTED OR ERROR FREE. BIE EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF BRIGHT ISLANDS, INCLUDING WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

IN NO EVENT SHALL BIE OR EMPLOYEES, AGENTS, AFFILIATED AUTHORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL THE LIABILITY OF BIE TO YOU EXCEED THE TOTAL AMOUNT OF LICENCE FEES PAID BY YOU TO BIE FOR ACCESS TO BRIGHT ISLANDS.

You shall indemnify, defend and hold harmless BIE and its licensors against any claim brought against BIE and or its licensors by a third party that arises from your use of Bright Islands, provided, that BIE: (a) promptly gives you written notice of the claim; (b) gives you sole control of the defence and settlement of the claim; and (c) provides you with reasonable assistance, at your expense, with respect to the defence of such claim.

Choice of Law and Jurisdiction

These TOU shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without reference to any conflict of law principles. You hereby submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Australia for any disputes or claims arising out of your use of Bright Islands or these TOU.