Terms of Service

Terms of Service

Cub Club End User License Agreement and Terms of Use

Last updated: 10th January, 2025

Welcome to www.pevanandsarah.com/cubclub and our pages on Twitter.com, Facebook.com, Instagram.com and YouTube.com (collectively, the “Site”). The Site is owned and operated by Pevan & Sarah Pty Ltd (“Pevan & Sarah”, “we”, “us” or “our”). PLEASE READ THIS AGREEMENT CAREFULLY.

These Terms of Service govern the use of the Pevan & Sarah website, https://www.pevanandsarah.com (the “Site”). The (the “Services”) are owned and operated by Pevan & Sarah Pty Ltd (“Pevan & Sarah”, “we”, “us” or “our”). PLEASE READ THIS AGREEMENT CAREFULLY.

Agreement to Terms

These Terms set forth an agreement between you and Pevan & Sarah. By using the Services, you agree to be bound by these Terms.

Under these Terms, Pevan & Sarah offers users the ability to (i) use the Site; and (ii) provide feedback and/or other material to Pevan & Sarah. By accessing, browsing, linking, and/or downloading information from the Site, creating an account, and/or using the Applications, you and, as applicable, the entity or organisation that You represent (“You” or “Your”) are each deemed to have read, understood, and agreed to be bound by each of the terms, conditions, and notices in this Agreement (the “Agreement”). If You have provided Your consent to Your child’s registration with the Site, You agree to be bound by this agreement with respect to Your child’s use of the Site and Applications.

If You have entered into this Agreement on behalf of an educational institution (an “Institution”), You represent that You have the necessary authority to bind that Institution to this Agreement. If You do not have the necessary authority, or if You do not agree with any of these Terms, then You may not use the Service.

This Agreement constitutes the entire agreement between You and Pevan & Sarah with respect to any use of the Services, and it supersedes all prior and contemporaneous agreements or arrangements between Pevan & Sarah and You in relation to the Services.

Privacy Policy

Please refer to our Privacy Policy (www.pevanandsarah.com/privacy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that Your use of the Services is subject to our Privacy Policy.

Changes to Terms

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let You know either by posting the modified Terms on the Site, or through other communications as required by law. It’s important that You review the Terms whenever we modify them because if You continue to use the Site after we have posted modified Terms on the Site, You are indicating to us that You agree to be bound by the modified Terms. If You don’t agree to be bound by the modified Terms, then You may not use the Site anymore.

Intellectual Property

You acknowledge that all Services and trademarks, service marks and logos, as well as all text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that we post or make available through the Services (collectively, “Materials”) are owned by or licensed to Pevan & Sarah and are protected by copyright and other intellectual property rights, and that You have no rights to transfer or reproduce the Services or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Services or Website.

You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

To request permission to modify or redistribute Content for commercial purposes, please contact:

PEVAN & SARAH

admin@pevanandsarah.com

Grant of License

So long as You comply with these Terms, we grant You a limited, non-exclusive, non-transferable, non-sublicenseable license to view and use the Service. All rights not granted herein are reserved by Pevan & Sarah. Your usage of the Services are subject at all times to these Terms and the licenses Pevan & Sarah grants to You.

The licenses granted to You are conditioned upon Your proper conduct and compliance with these Terms at all times, as judged by Pevan & Sarah in its sole discretion and judgment. We reserve the right to suspend or deny, in our sole discretion, Your access to all or any portion of the Site or any Application.

Use of the Services

Cub Club is intended as a tool for adults (such as teachers and parents) to support children’s learning and entertainment. While the content is designed for children aged approx. 3-8, only individuals 18 years or older may create an account or purchase subscriptions. By doing so, you confirm that you meet this age requirement. Children are not permitted to create accounts or make purchases directly.

You are responsible for using the Services in accordance with this Agreement and for all activity that occurs under Your account or any account created under a School Subscription for which You are the authorised administrator. For Your account and any accounts under a School Subscription, You shall: (i) maintain the confidentiality of all user names and passwords; (ii) promptly notify Pevan & Sarah if You know or suspect a security breach, including any unauthorised use of user names and passwords; (iii) represent and warrant that the information provided to establish accounts is true and accurate, and that You will promptly update that information in the event of any change.

You will not: (i) permit any third party to access the Services using Your account information, or the account information of teachers or users under a School Subscription; (ii) decompile, disassemble, overburden, impair, alter, or reverse engineer the Services; (iii) use the Services or any of our confidential information to develop a competing product or service; (iv) impersonate another user of the Services or provide false information to gain access to the Services; (v) view or attempt to view records of another user outside of those registered under Your School Subscription; (vi) use automated systems, such as robots, spiders, etc., to access the Services; or (vii) upload content, including videos, that do not comply with the terms of this Agreement.

You may not use the Services to:

  • Upload, post, e-mail or otherwise transmit any material that is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, obscene, libellous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website or Services;
  • Upload, post, e-mail or otherwise transmit any material that You do not have the right to transmit under any law or under contractual or fiduciary relationships;
  • Upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  • Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language or solicit/post sexually explicit images;
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.

Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects the Services.

Privacy

Pevan & Sarah complies with the Privacy Act 1988 and the Australian Privacy Principles in relation to the collection, storage, and use of personal information, including any data associated with children’s educational activities. We do not collect personal information directly from children and rely on teachers, parents, or authorised guardians to manage account information and access.

Pevan & Sarah and You each represent that it complies with, and will comply with, all applicable privacy laws with respect to the personally identifiable information collected, stored and maintained through the Services, as well as with all applicable business regulations.

Pevan & Sarah is committed to protecting the privacy of Your personally identifiable information, and maintains a detailed Privacy Policy, which may be viewed here https://www.pevanandsarah.com/privacy We reserve the right to modify its Privacy Policy in accordance with the procedure outlined in that policy.

Privacy Notice for Educators:

Children’s Online Privacy Protection Act (“COPPA”)

Access to Cub Club is available only with an account that is created by and authorised by a parent or legal guardian. The account holder may authorise access to children using the account holder’s credentials and supervising the child’s use of the Services. You can learn more about our compliance with COPPA by reviewing the related section within our privacy policy - https://www.pevanandsarah.com/privacy

Links to Third Party Websites or Resources

The Site and Applications may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party websites or resources.

Failed payments/Unpaid invoice and Cancellation Policy

Users are free to cancel at any time.

If a failed payment occurs due to an out of date credit card, insufficient funds or all other credit card related issues, our payment gateway will make 4 automatic attempts to retrieve the payment successfully over 30 days. If after 30 days and 4 attempts the payment is still unsuccessful, your subscription will be cancelled. We will notify you via email when a failed payment happens. Users can update their payment details via our subscription portal at any time.

If an invoice for a school subscription is not paid within 14 days, the invoice status will automatically change to “overdue” and this will revoke all access to Cub Club content for all users associated with the school account. Administrators will be notified via email and account notifications. The administrator will then have another 7 days to finalise payment of the invoice. If after the 7 days, payment has still not been finalised, then the subscription will be cancelled. In this case, in order to access content again, a new school subscription would need to be purchased.

Termination

We may terminate Your access to and use of the Site and Applications at our sole discretion, at any time and without notice to You. Users may request deletion of their accounts by emailing admin@pevanandsarah.com. When You delete Your account, that account cannot be recovered.

Upon any termination, deletion or cancellation of Your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability.

Subscriptions

Pevan & Sarah offers two subscription types: Individual Subscriptions and School Subscriptions. Individual Subscriptions are intended for personal use and must be purchased using personal payment methods. School Subscriptions are designed for educational institutions to manage and provide access to multiple users (seats) under one account, with payments processed through school-issued credit cards or invoicing.

Teachers are encouraged to utilise School Subscriptions if access is being funded by a school. Individual Subscriptions purchased using school-issued payment methods may be subject to termination or transfer to a School Subscription at Pevan & Sarah’s discretion.

Billing & Payments

Cub Club is an automatically recurring subscription service for individuals and schools. The subscription price grants You access to Pevan & Sarah Plus for one month or one year from the date of subscription, depending on the option You selected at the time of purchase. School Subscriptions allow for the management and assignment of multiple user accounts (seats) under a single administrative account. There is no pro-rating of the subscription price. For individual and school subscriptions, accounts will be automatically renewed unless terminated by You prior to the end of the then-current subscription period. Pevan & Sarah reserves the right to terminate any account, including individual accounts or accounts under a School Subscription, at any time. However, affected users shall continue to have access to the Services subject to this Agreement, inclusive of our Privacy Policy, until the expiration of their current subscription period.

School-issued payment methods, including school credit cards or purchase orders, must be used exclusively for School Subscriptions. Teachers and staff seeking access through school funding should not purchase Individual Subscriptions using school payment details. Pevan & Sarah reserves the right to cancel or reassign subscriptions found to be in violation of this policy.

Refund Policy

All subscription purchases, including Individual and School Subscriptions, are final and non-refundable. Pevan & Sarah does not offer refunds, credits or pro-rated billing for partially used subscription periods or unused accounts. This applies regardless of subscription length, renewal status or account activity. By purchasing a subscription, You acknowledge and agree that all sales are final, and no refunds will be issued under any circumstances. It is Your responsibility to review subscription details and ensure the service meets Your needs before completing the purchase. If You experience technical difficulties or issues accessing the Services, please contact our support team. We will make reasonable efforts to resolve any issues to ensure uninterrupted access to the content provided through Your subscription.

Free Trial Policy

Pevan & Sarah offers a 7-day free trial exclusively for Individual Subscriptions. The free trial grants limited access to Cub Club, allowing You to explore the platform before committing to a paid subscription. School Subscriptions are not eligible for a free trial.

During the trial period:

  • Access to downloadable content may be restricted or limited.
  • At the end of the 7-day trial, Your subscription will automatically convert to a paid Individual Subscription unless cancelled before the trial period expires.

By signing up for a free trial, You agree to these terms. Only one free trial is permitted per user. Pevan & Sarah reserves the right to deny or terminate free trials at its discretion, without prior notice, if misuse is detected.

Modification of the Services

Pevan & Sarah may, at any time and in its sole discretion, revise, modify, or otherwise change this Services, in whole or in part, without notice to You.

Availability and Use of Site

The availability of this Services depends on many factors, including some factors that are beyond Pevan & Sarah’s control, such as Your connection to the Internet and the Internet backbone. Pevan & Sarah shall not be liable to You if You cannot access the Services due to reasons that are beyond Pevan & Sarah’s control. You may not upload to, or distribute or otherwise publish through, this Site any content, information, or other material that (a) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Notice of Infringement

If You believe that Your intellectual property has been used or copied in a way that constitutes copyright or other intellectual-property infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please provide Pevan & Sarah’s Copyright Agent a notice containing the following elements:

  • a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • a description of the work(s) that You claim have been infringed and an identification of what material in such work(s) is claimed to be infringing;
  • a description of where the material that You claim is infringing is located on this Site;
  • information sufficient to permit to Pevan & Sarah to contact You, such as Your address, telephone number, and email address;
  • a statement by You that You have a good faith belief that the use of the material identified in the notice is not authorised by the copyright owner, its agent, or applicable law; and
  • a statement by You that the information in the notice is accurate and, under penalty of perjury, that You, as the complaining party, are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, Pevan & Sarah may, in its discretion, remove or disable the material claimed to be infringed.

Please be advised that if You materially misrepresent that material is infringing Your intellectual property, You may be liable for damages (including costs and attorneys’ fees). If You are not sure whether the material infringes on Your intellectual property, You should consider contacting an attorney before contacting Pevan & Sarah.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Pevan & Sarah designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:

By mail:

Intellectual Property Claim,

Pevan & Sarah

By email: admin@pevanandarah.com

How to Respond to a Claimed Infringement

If Pevan & Sarah removes or disables the material claimed to be infringing, Pevan & Sarah will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send Pevan & Sarah a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:

The owner’s physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which Pevan & Sarah, Inc. may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”

If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Pevan & Sarah’s discretion.

Links to this Site

You may hyperlink to the home page of pevanandsarah.com from any Acceptable Site (as defined below); provided, however, that You comply with the following conditions:

You may not frame the Site or any portion of the Site;

The hyperlink to the Site is not used in a way that suggest that Pevan & Sarah endorses You or Your website or is affiliated with or sponsors Your website;

You obtain Pevan & Sarah’s prior written approval if You intend to use any logos, trademarks, or other copyrighted material for such link;

The link to the Site is not used or presented in any way that disparages Pevan & Sarah or tarnishes, blurs or dilutes the quality of Pevan & Sarah’s name or trademark or any associated good will;

Any link or authorised logo used as a link include appropriate legends or other proprietary notices; and

You agree that Pevan & Sarah may terminate Your right to link or hyperlink to the Site at anytime for any reason or for no reason, subject to the terms of this Agreement.

An Acceptable Site means a web site that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libellous or defamatory, pornographic, sexually explicit, unlawful or plagiarised; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement or any third party’s intellectual property or proprietary rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (iv) violates or encourages others to violate any applicable law.

Warranty Disclaimer

You expressly agree that Your use of the Site is at Your sole risk. THE SITE AND ALL CONTENT AND SERVICES THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. PEVAN & SARAH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN TERMS OF THE SITE’S CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE WITH RESPECT TO YOUR USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THE SITE. PEVAN & SARAH DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE AND SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS, ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS IN THE USE OF THIS SITE. PEVAN & SARAH DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE SITE. PEVAN & SARAH DOES NOT WARRANT THAT DEFECTS IN ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVIER THAT MAKES CONTENT OR INFORMATION AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL PEVAN & SARAH, ITS AFFILIATED OR RELATED ENTITIES, ITS CONTENT PROVIDERS, PARENTS, SUBSIDIARIES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR OTHER DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF THE SITE, INFORMATION PROVIDED ON THE SITE, ANY ACT OR OMISSION PERFORMED BY YOU OR ANY OTHER PERSON IN RELIANCE UPON THE CONTENT OF THE SITE, OR THE INABILITY TO USE THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF YOU ADVISE PEVAN & SARAH OR ITS REPRESENTATIVES OR THE SAME ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY SUCH CLAIM OR DAMAGE. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Pevan & Sarah’s liability is limited to the greatest extent permitted by law.

Relationship of Parties

You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Pevan & Sarah as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Pevan & Sarah and shall not be liable for any representation, act or omission made by You.

Assignment

You shall not assign this Agreement or any of Your rights and obligations under this Agreement. This Agreement shall inure to the benefit of Pevan & Sarah’s successors, assigns and licensees.

Governing Law and Jurisdiction

The Services are operated and provided in the State of Victoria. As such, this Agreement is governed by and subject to the laws of the State of Victoria, AUSTRALIA without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Victoria, AUS in all disputes arising out of or relating to the use of this Site, and consent to personal jurisdiction and venue in the state and federal courts in Victoria, with respect to all such disputes. You agree that any legal issues arising from or related to Your use of the Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Victoria applicable to contracts entered into and wholly to be performed within Victoria. Pevan & Sarah makes no representation that the Services are appropriate, lawful or available for use in other jurisdictions or locations. Accordingly, if You choose to use the Services, You agree to do so subject to the internal laws of the State of Victoria.

Severability

If any term or provision of this agreement is held to be invalid, illegal or unenforceable for any reason, the remaining portions of this Agreement (and any partially enforceable provision) shall not be affected thereby and shall continue to be valid and enforceable to the maximum possible extent and the invalid, illegal or enforceable term or provision will be amended and limited to give effect to the intent of the parties as determined from the face of this agreement, to the extent necessary to validate such term or provision.

Reservation of Rights

Pevan & Sarah reserves to itself any and all rights not expressly granted herein.

Other Terms

Pevan & Sarah’s failure to insist on or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The Privacy Policy is a binding part of this Agreement, and together with this Agreement constitutes the entire agreement between Pevan & Sarah and You with respect to Your use of the Services. Any cause of action You may have with respect to Your use of the Services or that is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises.