Terms & conditions

Last modified on 6 May 2024

1. These are the terms and conditions that apply to the Level Up XP and Level Up Quest software (Products) and associated support services offered by Branch Up Pty Ltd (Branch Up).

Product Code and Other Assets

2. The Products are designed to be used with Moodle, an open source learning platform published by Moodle Pty Ltd. Branch Up is independent of Moodle Pty Ltd. These terms and conditions do not affect Branch Up or the Customer's rights to use or copy the Moodle software under version 3 of the GNU General Public License (GPLv3).

3. The Products consist of Product Code and Other Assets. Branch Up is the copyright holder of the Product Code and Other Assets. The Product Code is licensed under the GPLv3.

4. The Other Assets, including visual material distributed separately to the Product Code and static assets retrieved from Branch Up's servers by licensed copies of the Product Code, are not licensed under the GPLv3, and cannot be used, copied or modified except in accordance with these terms and conditions.

Licence

5. A current Licence for a specified Product is required to obtain a copy of the latest version of the Product Code and Other Assets from Branch Up.

6. In addition, a Licence will provide that the Customer is entitled to:

   a. make the Product, including the Other Assets, available to the Customer's Users by hosting the Product on a specified number of Moodle Sites hosted by the Customer (Self Hosting), or

   b. make the Product, including the Other Assets, available to the Customer's Users on a specified number of Moodle Sites hosted by a third party authorised by Branch Up to host the Product (Third Party Hosting).

7. To obtain a Licence, the Customer must notify Branch Up of the URL of any Moodle Site at which the Customer proposes to make the Product available to its Users. During the Licence Term, the Customer must not make the Other Assets available to its users at any other Moodle Site or URL without Branch Up's written permission, and must keep Branch Up informed of all the URLs at which they make the Product available.

8. Upon the expiry of the Licence Term:

   a. the Customer is not permitted to make the Other Assets available to its Users by Self Hosting or Third Party Hosting, and

   b. the Product may stop working if it includes a licence enforcement function, and

   c. the GPLv3 continues to permit the Customer to run, copy and modify the Plugin Code.

9. The Licence Fee shall be payable for the Licence Term in advance, is not refundable, and may be changed by Branch Up at any time.

Technical Support

10. In addition to permitting Self Hosting or Third Party Hosting, a Licence may include Technical Support for the duration of the Licence Term. Unless specifically included in a current Licence, a Customer shall not be entitled to any Technical Support from Branch Up.

11. Technical Support will be provided by email within a reasonable time. Branch Up is a small business and Technical Support may be delayed during personal and holiday leave periods.

12. Technical Support may include:

    a. assistance with installing new versions of the Product, and

    b. correcting any bugs in the Product which are not caused by the interaction of the Product with another product.

13. Technical Support does not include:

    a. the implementation of feature requests or product changes,

    b. support for misused or modified versions of the Product,

    c. support for the Customer's Moodle Site as a whole, or

    d. support for the Customer's data storage systems or information security requirements.

Warranty

14. As required by law, Branch Up warrants that the Products are reasonably fit for their specified purpose and Technical Support will be provided with due care and skill. However, Branch Up does not have access to Customer systems and shall not be held responsible for any data loss, data breach or information security incident suffered by a Customer in connection with their use of the Product.

Interpretation and amendment

15. Branch Up is a company registered in Australia. These terms and conditions form a contract between Branch Up and any Customer who has purchased a Level Up licence. They should be interpreted according to the law of Western Australia.

16. Branch Up may modify these terms and conditions at any time. Changes to these terms and conditions will take effect on reasonable notice to the Customer, or the beginning of a new or renewed Licence Term. The latest version of the terms and conditions will be published on the Level Up website.