This is the legally binding agreement that applies between the School and Loop.
This agreement commences on the date that the School pays us the above subscription fee and continues for a period of 12 months from that date (Subscription Period).
Each time the current Subscription Period ends, it will automatically renew for a further of 12 months unless either the School or we have notified the other of non-renewal by no later than 30 days before the end of the current Subscription Period. The subscription fee for each further Subscription Period will be payable by 14 days after the renewal date and will be the same amount as for the current Subscription Period unless we have notified the School of a revised subscription fee by no later than 60 days before the renewal date.
In this agreement “Licensed Teacher” means an individual registered as a user of the Loop App in the teacher category who has also linked themselves with the School via the Loop App.
The School can allocate the number of Teacher Licences indicated above as it sees fit by providing the relevant code and may reallocate them (e.g. if a teacher leaves the school). No refund applies on account of the School allocating fewer Teacher Licences than the number indicated above.
As described below, via the Super Admin the School can also remove a Teacher Licence from any Licensed Teacher at any time. Removal of a Teacher Licence automatically results in the teacher’s subscription reverting to a standard free subscription, the teacher ceasing to be linked to the School, less functionality being available to them and possible loss of groups created by them on the Loop App (collectively referred to as “Delicensing Consequences”).
In this agreement “Licensed Student” has the meaning corresponding to the above definitions of “Licensed Teacher”. Corresponding processes for registration with Loop and linking to the School also apply, however there is no limit on the number of Licensed Students that can be linked to the School.
The School can have only one Super Admin. The Super Admin must be a Licensed Teacher and will have access to administrative functionality that includes the following:
Loop provides reports during the Subscription Period that can be accessed in-app by Leaders based on permissions assigned to them by the Super Admin (Reports). The Reports include:
In addition, via the Loop App, Leaders may ask Licensed Teachers and Licensed Students questions and will receive the individual responses provided by them (Experience Responses).
We may terminate this agreement immediately by notice to the School if the School does not pay a subscription fee by the date when it is due.
The School may terminate this agreement by notice to us if we notify the School of a change to this agreement under clause 7 and that change is unacceptable to the School. The School must give us the notice before the change takes effect.
Either the School or we may terminate this agreement if the other breaches this agreement and the breach is not remedied within 14 days of a notice to the party in breach specifying the breach and requiring it to be remedied (if capable of being remedied).
On termination or expiry, no subscription fees are refundable to the School and after a grace period of 14 days we may remove the links of all Licensed Teachers and Licensed Students to the School and the Delicensing Consequences will apply.. Leaders may download Reports and Experience Responses at any time before the grace period ends.
Both the School and Loop will cease to have any further obligations under this agreement upon its termination or expiry, except that clauses 5 and 6 will continue to apply.
To the extent permitted by law:
The School indemnifies us against all Losses incurred by us in respect of any demand, claim, cause of action, suit or proceeding (Claim) against us by a third party (including any Leader, Licensed Teacher or Licensed Student) which is related to, arises out of, or is caused by any action or omission of any Licensed Teacher or Licensed Student, except to the extent that the Claim relates to a breach by us of this agreement or our Terms of Service. We will notify the School as soon as practicable of any Claim for which it proposes to claim against the School under this indemnity. Paragraphs (e) and (f) above do not apply to any liability of the School under this indemnity.
As part of our program of continuous improvement, from time to time we may modify the Loop App without prior notice to the School, but will not ordinarily cause a material reduction of the overall functionality of the Loop App.
We may amend this agreement in any way at any time. We will give the School notice of the change in accordance with clause 8. The notice will state when the amendment takes effect. The amendment will not take effect earlier than 14 days after the date on which we issue the notice, except in circumstances that we decide are exceptional.
Any notice or other written communication given under this agreement by the School to us (or vice versa) must be sent by email to the following address, unless either party notifies the other of a change of the relevant address.
School: The email address registered with us for the current Super Admin
This agreement is the entire agreement between the School and us concerning the Subject Matter. Any prior arrangement, agreement, representation or undertaking is superseded and, except as expressly provided, each party acknowledges that it has not relied on any arrangement, agreement, representation or understanding not expressly set out in this agreement.
This agreement is to be construed according to, and is governed by, the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under this agreement
In this agreement “Loop” (or we or us) means Loop Platform Pty Limited ABN 66 086 210 344 and “Loop App” means our mobile device applications and related services that, amongst other things, enable teachers and students to communicate with each other, and our website that provides similar functionality. In addition, “including” and similar expressions are not words of limitation.