Terms and Conditions

Thank you for visiting our website. This website is owned and operated by Chirpy Learn Pty Ltd (ABN [Insert ABN]). By accessing and/or using this website and our services, you agree to these terms and conditions, which include our Privacy Policy (available at /privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website or services if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Chirpy Learn.

Warranties

Each subscriber warrants that all information contained in any application for registration is true and acknowledges that it is their responsibility to advise Chirpy Learn within seven (7) days of that information changing in any way including, but not limited to, updating email addresses by means of the relevant link.

Each subscriber will take, and where applicable will ensure that the relevant user takes, all reasonable steps to prevent the user's password becoming known to any other person. The subscriber will advise Chirpy Learn immediately if the subscriber or the relevant user becomes aware of any unauthorised use of the password.

Payments and Subscriptions

Subscription Model

Chirpy Learn offers a subscription-based service billed on a per-student basis. Each account has a single subscription, and the quantity reflects the number of active students on the account. There is a minimum charge of one student slot regardless of whether any students are currently active.

Free Trial

New accounts receive a 14-day free trial from the date of account creation, during which full access to the service is provided without the need to enter payment details. At the conclusion of the trial period, a subscription must be activated to continue using the service.

Billing

Subscriptions are billed either monthly or yearly, as selected at the time of checkout. The billing date is the anniversary of the date on which the subscription was first activated. Payments are processed securely by Stripe. Chirpy Learn does not store card or payment details. Prices are charged per active student and are displayed at the time of checkout. Supported currencies include AUD, USD, EUR, GBP, and JPY.

Student Deactivation Mid-Cycle

If a student is deactivated during a billing period, the student's access to the service is removed immediately. However, no credit, refund, or adjustment will be issued for the remaining portion of the current billing period. The subscription quantity is updated to reflect the reduced student count for future billing periods.

Student Reactivation Within the Same Cycle

If a previously deactivated student is reactivated within the same billing cycle in which they were deactivated, no additional charge will be incurred for that student, as the slot has already been paid for during that period. The student's access is restored immediately upon reactivation.

Adding Students Mid-Cycle

If a new student is added during an active billing period and the number of active students exceeds the quantity already paid for in that period, a prorated charge will be applied for the additional slot for the remainder of the current billing period.

Cancellation

You may cancel your subscription at any time via the billing portal. Upon cancellation, your subscription will remain active until the end of the current billing period, after which access to the service will cease. No refund will be issued for any unused portion of a billing period following cancellation.

Payment Failure

If a scheduled payment fails, your account will enter a grace period during which access to the service is maintained. You will be notified and must update your payment method promptly. Chirpy Learn reserves the right to suspend or terminate access if payment is not successfully collected within a reasonable time.

Refunds

All subscription fees are non-refundable. No refunds are provided for partial billing periods, for periods during which a student was deactivated, or for any unused time remaining following cancellation of a subscription. Chirpy Learn will not be liable for any charges that arise from your use of the service, including prorated charges resulting from adding students mid-cycle.

Special provisions / Copyright

Each subscriber acknowledges that any website material is the property of Chirpy Learn and is the copyright of Chirpy Learn. Except as permitted by law or these Terms, the subscriber will not, and where applicable the subscriber will procure that the relevant user will not, allow any other person to use the website or reproduce or otherwise transmit any website material in any way whatsoever without first obtaining the written permission of Chirpy Learn. Chirpy Learn reserves its entitlements under Part VB and Section 183 of the Copyright Act. For information about Part VB (educational use) and Section 183 (government use) visit the Australian Copyright Council website.

An educator user may use website material for classroom instructional purposes such as projecting it onto a whiteboard, displaying it by means of other electronic media or printing it and distributing it to his or her students. However, the use of the website materials by an educator user, for any purpose other than the instruction of the students in their class at a time when their right to use the website materials is current, will constitute a breach of these Terms.

Indemnity

Each subscriber agrees to indemnify and hold Chirpy Learn, its affiliates, officers, agents, employees, contractors and partners harmless from and against any and all claims, liabilities, damages, losses and legal costs arising from or in any way related to the subscriber's or user's use of the website or services, or the subscriber's or user's violation of these Terms.

Limitation of Liability

To the maximum extent permitted by law, Chirpy Learn shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the website or services.

Termination

Chirpy Learn may terminate or suspend your account and access to the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the services will cease immediately.

Changes to Terms

Chirpy Learn reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contacting Us

If there are any questions regarding these terms and conditions, you may contact us at: