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Welcome to LOTE Online for Kids!

LOTE Online for Kids is our new database of digital books in World Languages, created for children to enjoy books and learn language through storytelling. The platform provides 1500+ digital picture books in 50 languages together with English translations. New books and languages are released each month, so stay tuned!

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Download MARC Records

MARC Records
Release Title	Release Date	Link for download
LFK MARC Records Release 23	14-June-2022	Download File
LFK MARC Records Release 22	12-May-2022	Download File
LFK MARC Records Release 21	11-April-2022	Download File
LFK MARC Records Release 20	22-March-2022	Download File
LFK MARC Records Release 19	15-February-2022	Download File
LFK MARC Records Release 18	19-January-2022	Download File
LFK MARC Records Full collection including R17	8-December-2021	Download File

SUBSCRIPTION SERVICE TERMS AND CONDITIONS

1. BACKGROUND

Storytime PODs Pty Ltd (ABN 93 165 833 983) (Storytime Pods, we, our, us) provides Subscribers and Authorised Users audio-visual digital content subscription services, including digital book videos for children, and related information such as book descriptions, metadata, recommendations, user ratings and user reviews (Subscription Services).
For the purposes of this agreement:
1. Subscribers include public libraries, schools, hospitals and any other organisation that purchases subscriptions from us to access and use the Platform (Subscriber); and
2. Authorised Users include individuals that are members or otherwise associated with Subscribers, including students, visitors and staff of each relevant Subscriber (Authorised Users).
This agreement sets out the terms and conditions on which Subscribers and Authorised Users are provided access to and use of the Platform, Website and Subscription Services.
By clicking the ‘I accept’ button in the online order form (where available) or otherwise confirming the Subscriber’s acceptance of this agreement electronically or the Subscriber commencing access to or use of the Platform and Website, the Subscriber agrees that it has read, understood and will be bound by this agreement.
If you are entering into this agreement as an agent, officer, employee or other representative of the Subscriber, you warrant to us that you have full legal authority to bind the Subscriber to this agreement.

2. TERM

This agreement will commence on the Commencement Date and will continue until the earlier of the end of the Subscription Term or until terminated in accordance with clause 11 (Term).
Storytime PODs may offer ‘trial periods’ and trial access to Subscribers and Authorised Users, at the sole discretion of Storytime PODs. Any such trial period provided to Subscribers will be on the same terms and conditions of this agreement (provided that the term will be limited to the relevant trial period notified to the Subscriber).
The parties may renew this agreement before the end of the then current Term by agreement in writing (Renewal Term). Any such Renewal Term will be on the same terms and conditions as set out in this agreement, provided that our Fees may be reviewed for any Renewal Term in accordance with this agreement.
If the parties are in negotiations for any Renewal Term but, on the expiry of the Term:
1. have not finalised the relevant Fees for the Renewal Term; or
2. the Subscriber has not obtained relevant internal approvals required for renewing the agreement for the Renewal Term,

this agreement will automatically extend for a 30 day period on the same terms and conditions (with Fees payable pro-rata), provided that if the matters referred to in this clause 2(d) have not been finalised by the end of that 30 day period, the agreement will automatically terminate, unless otherwise agreed between the parties in writing.

3. PLATFORM AND SUBSCRIPTION SERVICES

3.1 Provision of Platform and Subscription Services
During the Subscription Term and in accordance with this agreement, Storytime Pods will provide the Subscriber:

access to and use of the Platform; and
Subscription Services.

3.2 Access
To the extent relevant, the Subscriber agrees that to access the Platform and Subscription Services in accordance with this agreement, it must comply with our onboarding requirements as may be notified by us to you, including:

the Subscriber issuing a written or formal confirmation of purchase for the Fee and accepting this agreement in accordance with its terms; and
providing its Authorised Users access to the Platform and Subscription Services through their library or membership card or barcode range number, or through Subscriber or third-party IP authentication methods supported, or approved by us in writing.

3.3 Dashboard Information and User Resources

The Subscriber acknowledges and agrees that Storytime PODs may provide the Subscriber with:
1. usage reports and interactive online dashboard information (Dashboard Information); and
2. manuals, guides, catalogues, reference materials, system records, and internal and external marketing collateral such as brochures, flyers, bookmarks, logos, social media images, user guides and articles, in connection with the Platform (User Resources).
Except in relation to external marketing collateral, Dashboard Information and User Resources may only be used by the Subscriber for its internal, educational, research or reporting purposes. We do not guarantee the accuracy of any Dashboard Information or User Resources and provide these on a best endeavours basis.

3.4 Subscriber responsibility for non-standard Authentication Applications

The Subscriber may request Platform access for Authorised Users via an internal or third party Internet Protocol (IP) authentication application (Authentication Application), and where Storytime PODs supports the Authentication Application, Storytime PODs may allow Authorised User access via the Authentication Application.
The Subscriber acknowledges and agrees that it is responsible for setting up and managing Authorised User access via Authentication Applications, including dealings with third parties. Storytime PODs does not make any representations or warranties regarding the appropriateness, reliability or performance of Authentication Applications, and will not be responsible for any access issues, however will act on reasonable Subscriber instructions to the extent required to facilitate Authorised User access to the Platform where Authentication Applications are used.

3.5 No exclusivity
The Subscriber acknowledges and agrees that all rights granted to the Subscriber under this agreement (including all rights to use the Storytime PODs Platform) are non-exclusive.

3.6 Variation
Storytime PODs may, at its discretion, vary the features, functions, content and other benefits available to Subscribers and Authorised Users in respect of the Platform, Website and Subscription Services at any time. If a variation has the effect of materially diminishing the performance or features of the Platform, we will seek to provide the Subscriber reasonable prior notice.

4. USERS

The Subscriber agrees that it must use its reasonable endeavours to ensure that each Authorised User complies with all the provisions of this agreement and acknowledges that each Authorised User will be required to enter into an end user licence agreement in a form reasonably required by Storytime PODs to access the Platform.

5. ACCESS DETAILS

5.1 Provision of Access Details
The Subscriber will be responsible for issuing Access Details to the Authorised Users and directing their members how to access the platform.

5.2 Obligations of the Subscriber in relation to the Access Details
The Subscriber must:

use its best endeavours to ensure that all Access Details are securely maintained and used only by the Authorised User (or the Authorised User’s parent or guardian as applicable) to whom the relevant Access Details have been issued;
if an Authorised User ceases to be a member of the Subscriber (or otherwise associated with the Subscriber that has given them the right to have access to the Platform), to the extent practical and within the reasonable control of the Subscriber, the Subscriber must ensure that the Authorised User is no longer authorised to access and use the Platform through the Subscriber.

6. SUBSCRIBER RESPONSIBILITIES

The Subscriber must ensure that it:

obtains all consents, authorisations, permits or approvals (including any relevant consents from Authorised Users) necessary to access and use the Platform as contemplated by this agreement and as may be required under all applicable privacy laws in the jurisdiction in which it resides;
satisfies itself that the Platform meets its needs, and is compatible with its own hardware, software, and internet and network capabilities;
only issues Access Details to Authorised Users within the population limits relevant to the Subscriber as described in writing during quotation or renewal;
does not modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Website and Platform;
does not transfer, assign, rent, lease, lend, sell or otherwise dispose of all or any part of the Website and Platform or any compilation derived from the Platform;
does not permit any person other than the Authorised Users to use the Platform.

7. SECURITY OF PLATFORM

7.1 Storytime PODs obligations
Storytime PODs will comply with its obligations under the relevant privacy laws in the jurisdiction in which the Subscriber resides.

7.2 Storytime PODs liability
Storytime PODs will not be liable for any Loss suffered by the Subscriber which arises out of or in connection with:

any computer viruses being transferred by or obtained as a result of the use of the Platform or Website, or any hacking or similar issues;
any other data security issues in respect of the Platform or Website.

8. SUPPORT

During the Subscription Term, Storytime PODs will, during the Support Hours, provide the Subscriber and its Authorised Users with technical support in relation to the use and operation of the Website and Platform, in accordance with the Support Services.

9 FEES AND EXPENSES

9.1 Fees and expenses payable
The Subscriber agrees to pay to Storytime PODs the Fees.

9.2 Payment of Fees

Storytime PODs will issue the Subscriber with a tax invoice for the Fees payable by the Subscriber (Tax Invoice) in accordance with the terms of payment set out in the Order Form.
All amounts payable by the Subscriber must be paid in advance within 30 days of the date of the relevant amounts being invoiced to the Subscriber by Storytime PODs, unless otherwise agreed between the parties in writing or otherwise stated in the Order Form.

9.3 Failure to pay
If the Subscriber fails to pay any amounts due to Storytime PODs under this agreement then Storytime PODs may issue a notice to the Subscriber stating that the Tax Invoice is overdue (Overdue Notice). If Storytime PODs does not receive payment of the relevant Fees within 14 days of the date of the Overdue Notice, Storytime PODs may cease providing the Subscription Services and may disable the Subscriber’s and any Authorised User’s access to the Platform until such time as the outstanding amount is paid in full (and may in its discretion charge interest on any outstanding amount).

9.4 Increases to Fees
We may review the Fees for each Renewal Term and notify you of any changes to the Fees. You may terminate this agreement in accordance with clause 11.2 if you do not accept our changes to the Fees.

10. CONTENT MODERATION

We moderate all Subscriber and Authorised User content submitted for publication or posting on our Website and may amend or remove such content at our sole discretion, including if we consider the content is inappropriate, or does not meet our content standards or any content or user policy we may implement from time to time.

11. TERMINATION

11.1 Storytime PODs may terminate this agreement on giving the Subscriber notice if:

the Subscriber does not pay our Fees or charges when due in connection with the Platform or Services (provided we have given you 14 days notice of such Fees being overdue); or
if you have materially breached your obligations under this agreement, and if such non-compliance is not capable of remedy, or; if capable of remedy, not remedied within 7 days after we have notified you.

11.2 Either party may terminate this agreement for its convenience on giving the other party at least 30 days’ notice.

11.3 Upon termination of this agreement taking effect, the Subscriber must immediately:

cease using and use reasonable endeavours to ensure that each Authorised User ceases using the Platform;
cease referring all prospective Authorised Users and any other third parties to the Platform, and cease all active campaigns, promotions and access references to the Platform and Website, whether in physical materials or digital form; and
pay to Storytime PODs all Fees, expenses or other sums payable to us under this agreement which have accrued or are payable as at the date of termination.

11.4 Where this agreement is terminated:

by us under clause 11.1, because of the Subscriber breaching this agreement; or
by the Subscriber under clause 11.2, because of the Subscriber terminating for its convenience,

we reserve the right to retain all Fees, including Fees paid in advance.

11.5 Where this agreement is terminated for any other reason, we may retain all Fees paid for use of the Platform and for the Subscription Services that were provided up to the date of termination, and will refund the balance of any Fees paid in advance.

12. INTELLECTUAL PROPERTY

12.1 You acknowledge and agree we own all the intellectual property (including copyright) in:

the information and reports compiled by us and supplied to the Subscriber through the Platform and Website; and
the software, information technology and documentation relating to the Subscription Services.

12.2 We grant the Subscriber a limited, non-exclusive, non-transferrable, revocable licence to use:

such information and reports for the purposes set out in this agreement; and
such software, information technology and documentation to the extent reasonably necessary to use and access the Platform as set out in this agreement.

12.3 You must not reproduce, alter, adapt, modify, reverse engineer or otherwise use any information, materials, software or documentation we provide or make available to you without our express written consent, except in accordance with this agreement.

12.4 We warrant that the Subscriber’s use of the Platform as contemplated by this agreement does not infringe the intellectual property rights of any party anywhere in the world.

13. WARRANTIES

13.1 Warranties excluded
Subject to all applicable laws, Storytime PODs does not warrant or guarantee that:

the Website or Platform will be compatible with, or capable of being used on or in connection with, the Subscriber’s or Authorised User’s computers and communications systems;
the Subscriber’s access to the Platform will be uninterrupted or error free;
the Platform and any Dashboard Information or User Resources will be accurate, reliable or fit for any particular purpose.

13.2 Subscriber's warranty
The Subscriber acknowledges and warrants that it has relied on its own skill and judgment in the selection of the Platform and it has satisfied itself that the Platform is fit for all the purposes which the Subscriber requires it for.

14. LIABILITY

14.1 We expressly exclude from this agreement all conditions, warranties, guarantees and terms which may be implied into this agreement by statute or general law and are capable of being excluded, to the extent permitted by the law in the jurisdiction in which you reside.

14.2 You indemnify us for any loss or damage we suffer because of:

any breach of this agreement by the Subscriber, including any breach by the Subscriber of any relevant privacy laws; and
any information the Subscriber gives us that is not accurate, up to date or is otherwise misleading,

except to the extent that such loss is caused by our breach of this agreement, our negligent act or omission, or our wilful misconduct.

14.3 We indemnify you for any loss or damage you suffer because of any breach of this agreement by us, including any breach by us of any relevant privacy laws, except to the extent that such loss is caused by your breach of this agreement, your negligent act or omission, or your wilful misconduct.

14.4 Liability capped
Notwithstanding any other provision of this agreement, the maximum aggregate liability of Storytime PODs for any Loss or claim, however caused or arising, suffered by the Subscriber in connection with this agreement is limited to the total amount of the Fees paid by the Subscriber to Storytime PODs under this agreement during the 3 month period prior to the Subscriber first notifying Storytime PODs of the relevant Loss or claim.

14.5 Commencement of claims
Any claim by the Subscriber against Storytime PODs for Loss however caused or suffered by the Subscriber in connection with this agreement must be made within 6 months of the Subscriber becoming entitled to make the claim and any claim not made within this period is absolutely barred.

14.6 Consequential Loss
Neither party will be liable for any Consequential Loss (however caused) suffered or incurred by the other party in connection with this agreement, except to the extent a party caused or contributed to the relevant loss due to its fraud, wilful default or breach of intellectual property rights. This clause applies even if the party knew or ought to have known that the relevant Consequential Loss would be suffered.

15. GOODS AND SERVICES TAX (GST)
To the extent applicable, including by reference to the country of residence of the Subscriber, the consideration for any supply made under or in connection with this agreement does not include an amount for GST, unless it is expressly stated in this agreement to be inclusive of GST. For the purposes of this clause, GST means any goods and services tax or valued added tax applicable to the transactions under this agreement, taking into account Storytime PODS and the Subscriber’s jurisdiction of residence.

16. GENERAL PROVISIONS

16.1 Governing law
This agreement will be construed and interpreted in accordance with the laws of the state of Victoria, Australia and each party submits to the non-exclusive jurisdiction of courts of that jurisdiction.

16.2 Assignment
The Subscriber may not assign or otherwise deal with any of its rights or obligations under this agreement without the prior written consent of Storytime PODs. Storytime PODs may assign, novate or otherwise deal with its rights under this agreement at any time effective immediately upon Storytime PODs notifying the Subscriber of the assignment or novation.

16.3 Entire agreement
This agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers, employees or agents.

16.4 Relationship between parties
This agreement does not create a relationship of employment, agency, partnership or joint venture between the parties.

16.5 Force Majeure

If a party is prevented, hindered or delayed from performing its obligations under this agreement by a Force Majeure Event, then as long as that situation continues, that party will be excused from performance of the obligation to the extent it is so prevented, hindered or delayed, and the time for performance of the obligation will be extended accordingly.
If a party is affected by a Force Majeure Event it will immediately give the other party a notice of its occurrence and its effect or likely effect, and use all reasonable endeavours to minimise the effect of the Force Majeure Event and to bring it to an end.
This clause does not apply to any obligation of the Subscriber to pay the Fees or other amounts payable to Storytime PODs under this agreement.

16.6 Waiver
No failure to exercise or delay in exercising any right given by or under this agreement to a party constitutes a waiver and the party may still exercise that right in the future.

16.7 Variation
This agreement may only be amended or varied by a document in writing signed by each party.

16.8 Severability
If any provision of this agreement is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17. DEFINITIONS AND INTERPRETATION

17.1 Definitions
In these Terms, unless the context otherwise requires:

Access Details means the relevant library or membership card or barcode range number, or access details required by supported Authentication Applications, or approved by us in writing.
Authentication Application has the meaning given in clause 3.4.
Authorised Users means the employees, consultants, or members of the Subscriber who are issued with Access Details from, by or at the direction of the Subscriber to access the Platform by or on behalf of the Subscriber in accordance with this agreement.
Commencement Date means the earlier of:
1. the commencement date set out in the Order Form;
2. the due date for payment of the relevant Tax Invoice issued by us to the Subscriber; and
3. the date an Authorised User first uses the Platform following access being granted to the Subscriber by us.
Consequential Loss means:
1. all indirect and consequential Loss;
2. all Loss beyond the normal measure of damages; and
3. all Loss of revenue, Loss of data, Loss of reputation, Loss of profits, Loss of actual or anticipated savings, Loss of bargain, lost opportunities, including opportunities to enter into arrangements with third parties, Loss of use, cost of capital or costs of substitute goods, facilities or services.
Dashboard Information has the meaning given in clause 3.3(a)(i).
End Date means the end date set out in the Order Form.
Fees means any fees or other amounts payable by the Subscriber to Storytime PODs under this agreement, including the fees set out in the Order Form as may be increased under this agreement.
Intellectual Property includes all patents, designs, copyright, trademarks or circuit layout rights and any right to apply for the registration or grant of any of the above.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
Order Form means the order form provided by Storytime PODs to the Subscriber in respect of the Subscription Services and the Subscriber’s access to and use of the Storytime PODs Platform.
Platform means the digital story book platform made available through the Website by Storytime PODs for use by the Subscriber and Authorised Users from time to time and includes access to any tools or resources hosted by third parties accessible through the Platform.
Renewal Term has the meaning given in clause 2(c).
Storytime PODs means Storytime PODs Pty Ltd (ABN 93 165 833 983).
Subscriber means the party named as the Subscriber in the Order Form.
Subscription Services means the services described in the Order Form.
Subscription Term means the period of time during which Storytime PODs will provide the Subscription Services to the Subscriber, as set out in the Order Form and includes any Renewal Term.
Support Hours means the hours in which Storytime PODs will provide any applicable Support Services to the Subscriber as reasonably determined by us.
Support Services means any technical or user support services in relation to the Storytime PODs Platform that we may provide to you, as reasonably determined by us.
Taxes means any taxes, rates, levies imposts, duties or other charges assessed or payable to any government authority and includes any additional taxes, interest, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.
User Resources has the meaning given in clause 3.3(a)(ii).
Website means the website located at www.lote4kids.com or the website located at such other URL that Storytime PODs notifies the Subscriber of from time to time.

17.2 Interpretation
In this agreement, headings are inserted for convenience only and do not affect the interpretation of this agreement and, unless the context otherwise requires:

the singular includes the plural and vice versa;
if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions;
a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority or agency; and
no provision of this agreement will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the agreement or the inclusion of the provision in the agreement.

Language - Title BreakdownLatest release: 14-June-2022

Language	#Titles
Arabic	27
Armenian	10
Bengali	17
Burmese	10
Cantonese	20
Danish	32
Dutch	41
English (AU)	43
English (NZ)	25
English (US)	157
Esperanto	13
Filipino	10
Finnish	22
French	68
French Canadian	10
German	43
Greek	46
Gujarati	33
Total Titles	1, 693

Language	#Titles
Haitian (French) Creole	10
Hindi	60
Hungarian	10
Indonesian	10
Italian	67
Japanese	16
Kannada	6
Korean	12
Lidepla	6
Malayalam	6
Mandarin	33
Marathi	19
Mexican Spanish	74
Nepalese	10
Norwegian	22
Persian	10
Polish	52
Portuguese	72

Language	#Titles
Punjabi	43
Romanian	23
Russian	62
Sanskrit	6
Serbian	37
Sinhala	10
Somali	14
Spanish	74
Swahili	5
Swedish	50
Tamil	32
te reo Maori	25
Telugu	34
Thai	10
Turkish	32
Ukrainian	53
Urdu	36
Vietnamese	25

Effective Date 15 June 2021

STORYTIME PODS END USER LICENCE AGREEMENT

This end user licence agreement (Agreement) is a binding agreement between you and Storytime PODs Pty Ltd (ABN 93 165 833 983) (we, our, us) for access to and use of our digital story book and digital content platform (Platform) located at www.lote4kids.com.

For the purposes of this Agreement, the term ‘you’ means:

any adult person; and
any person that is a minor (a person who has not reached the age of majority in the jurisdiction in which they are accessing the Platform) and the parent or legal guardian of the relevant minor (meaning that each minor and relevant parent or legal guardian enters this contract in their own capacity in accordance with its terms and conditions).

To access and use the Platform you must have permission from the organisation that has given you access to use the Platform such as your library, school or hospital, that has entered a subscription agreement with us for use of the Platform (being our Subscriber and such agreement being a Subscription Agreement).

If you have been granted access to the Platform on this basis you are an Authorised User.

By clicking the ‘I accept’ button or otherwise accessing or using the Platform, you agree that you have read, understood and will be bound by this Agreement. If you do not agree with the terms of this Agreement, you must not access or use the Platform.

1. Summary

The following is a summary of your key rights and obligations under this Agreement:

We give you the right to use our Platform for your own personal use and enjoyment.
You must not use the Platform or our intellectual property for any commercial use or gain.
You must not do anything to the Platform that is malicious or will adversely interfere with the Platform in any way.
You must have permission from a Subscriber organisation before you access the Platform. You must stop accessing the Platform when you cease being a member of the Subscriber organisation.
You promise to cover all our losses if you breach this Agreement and we suffer loss.
You promise to comply with all laws relevant to you and your access to this Platform.

2. Grant of Licence

We grant you a limited personal, non-exclusive, non-transferable, revokable, licence (Licence) to use the Platform by accessing and allowing it to load onto a computer, tablet, phone or other electronic device that this Agreement is displayed (Device) solely for your own personal use and uses permitted by our Subscriber (Permitted Purpose).

3. Restrictions of Licence

The Licence granted to you under this Agreement authorises you to use the Platform solely for the Permitted Purpose and you must not use the Platform for any other purpose. Without limiting the above, you must not:

make any copies of the Platform;
modify, adapt, translate, reverse engineer, de-compile, disassemble or copy all or any part of the Platform; or
use or distribute any part of the Platform for commercial purposes or otherwise sub-licence, transfer, rent or resell the Platform or access to the Platform.

4. Use of Platform

You must:

comply with all applicable laws of your jurisdiction in connection with your access and use of the Platform;
keep your Platform access details (including login details, library barcodes and membership numbers) confidential, and not disclose them to any third party without our prior written consent;
ensure your Device complies with our minimum hardware and operating requirements as notified by us from time to time;
be, and agree that you are, solely responsible for all your information used in connection with or submitted onto the Platform such as book ratings, reviews and comments (Relevant Data), including the accuracy, completeness, integrity and your right to use the Relevant Data, including rights in relation to:
1. any Intellectual Property Rights of any third party; or
2. any personal information or sensitive information of any third party (as those terms are defined in the Privacy Act 1988 (Cth) or any other applicable privacy legislation); and
3. ensure you have all necessary rights, approvals and consents required for us to collect, use, store, copy, transfer, and modify the Relevant Data as required for the Platform to be used by you for the Permitted Purpose and otherwise in accordance with this Agreement (and you indemnify us for any loss that we may suffer in connection with such activities directly relating to our use of the Relevant Data for these purposes to the maximum extent permitted by law).

5. Ownership

We own and retain all rights, title and interest in and to the Platform and you agree you do not have any ownership of the Platform or other rights in respect of the Platform, including any Intellectual Property Rights, other than the Licence granted to you under this Agreement.
For the purposes of this Agreement, the term Intellectual Property Rights includes all patents, designs, copyright, trademarks, source code, object code, database rights, website layout, imagery, digital books, reviews, trade secrets and any right to apply for the registration or grant of any of the above.

6. Support services

You acknowledge and agree that we may provide online support services to you in our sole discretion as we may notify you from time to time. Unless we agree in writing, we will not have any obligations to provide any additional support services to you in respect of the Platform including (without limitation) technical support, training or maintenance services.

7. Third party application access

You acknowledge and agree that if your Subscriber uses a third party authentication application or proxy service through which you access the Platform, that the Subscriber is solely responsible for maintaining your access to the Platform, and all questions regarding your access should be directed to the Subscriber.

8. Updates and upgrades

You agree that:

we may update, upgrade, or undertake maintenance of the Platform at any time (provided however that we have no obligation to provide such updates or upgrades to you pursuant to this Agreement); and
vary, add, or delete functions, features and content available on the Platform.

9. Privacy

We will comply with all relevant privacy laws in connection with your use of the Platform. You acknowledge and agree that in connection with the Licence granted to you under this Agreement, we may collect your personal information (as that term is defined in the Privacy Act 1988 (Cth) or any other applicable privacy legislation). Our privacy policy sets out our collection, use and disclosure practices in relation to personal information and can be accessed at www.lote4kids.com/privacy-policy/.

10. Liability and indemnity

10.1 Liability
You acknowledge that we provide the Platform and associated content on a best endeavours basis only, and that we expressly exclude from this Agreement all conditions, warranties, guarantees and terms which may be implied into this Agreement by statute or general law and are capable of being excluded, except to the extent that you acquire Services from us under this agreement as a consumer for the purposes of any relevant consumer law in the jurisdiction in which you reside.

10.2 Indemnity
You are liable for, and indemnify us and each of our directors, officers, employees, agents, contractors and related bodies corporate (Indemnified Parties) and keep each of them indemnified for any damage, cost, loss, expense or liability of any kind (excluding Consequential Loss) (Loss) suffered or incurred by an Indemnified Party which arises from or in respect of:

1. any breach by you of this Agreement; or
2. any negligent, or wilful act or omission, misconduct, dishonesty or fraud committed by you, your agents, representatives, delegates or contractors,

except to the extent that such Loss was directly caused or contributed to by us.

10.3 Consequential loss
Notwithstanding any clause in this Agreement, neither party will be liable to the other party for any Consequential Loss, except to the extent such loss was caused or contributed by a party’s fraud, gross negligence, or breach of Intellectual Property Rights. For the purposes of this Agreement, Consequential Loss means indirect loss, loss of profits, loss or revenue, loss of savings, loss of opportunity, loss of goodwill, or any analogous loss.

11. Termination

Subject to clause 11(c), you acknowledge and agree this Agreement will terminate immediately on the earlier of:
1. if applicable, the expiry or termination of the Subscription Agreement between us and our Subscriber; and
2. any breach by you of this Agreement.
You must cease using the Platform immediately on the termination of this Agreement and do all things reasonably required by us in connection with the termination of this Agreement.
Notwithstanding clause 11(a), you agree clause 10.2 and clause 10.3 will survive the termination of this Agreement and continue to bind you.

12. General

12.1 Governing law
This Agreement will be governed by and construed exclusively under the laws of the State of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and the Federal Court of Australia.

12.2 Assignment
You may not assign or otherwise deal with any of your rights or obligations under this Agreement without our prior written consent. We may assign, novate or otherwise deal with our rights under this Agreement at any time effective immediately upon us notifying you of the assignment or novation.

12.3 Entire agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties or their respective officers, employees or agents.

12.4 Relationship between parties
This Agreement does not create a relationship of employment, agency, partnership or joint venture between the parties.

12.5 Variation
We may vary the Agreement at any time and without notice. In such instance, we will publish the revised Agreement on the Platform and use reasonable endeavours to provide you with notice. Any changes to the Agreement take immediate effect, and you accept the Agreement and variations by logging in or remaining on the Platform.

12.6 Waiver
No failure to exercise or delay in exercising any right given by or under this Agreement to a party constitutes a waiver and the party may still exercise that right in the future.

12.7 Severability
If any provision of this Agreement is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.