TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
These terms and conditions apply to the use of this Website.
By using this Website you agree to be bound by these terms and conditions.
We do not assume any duty of care with respect to any information or materials you access from this Website.
ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth)
Associated Entities has the meaning given in the Corporations Act 2001 (Cth)
Consequential Loss includes, without limitation:
(a) loss of profits;
(b) loss of revenue;
(c) loss of data;
(d) lost production;
(e) loss of business;
(f) loss of the benefit of any contract or other agreement or arrangement;
(g) losses which do not arise naturally from a breach of contract in the usual course;
(h) death or personal injury;
(i) damage to property;
(j) damage to health;
(k) damage to reputation;
(l) legal costs.
Linked Websites has the meaning given to that term in clause 4 of these terms and conditions
Resources means any material made available by us for download from the Website but do not include any third party advertisements or logos appearing on the Website.
Subscriber means any person who sets up an Account with us.
We, us, or our, are references to Chris Elliot Consulting Pty Ltd ACN 068 873 021 (trading as K-3 Teacher Resources), and any Associated Entities of that company, and each of them severally.
Website means the website at www.k-3teacherresources.com.
You and your are references to either a user of the Website or a prospective Subscriber to the Website, as applicable in the relevant circumstances.
2. Reliance upon and use of information
(a) We do not assume any duty of care in relation to this Website, or any information or material accessible from it (including the Resources).
(b) All information provided by us on the Website, or in respect of any Resources, is provided by us as general information and is not in the nature of advice. You should make your own independent inquiries and assessments with respect to any information you obtain from us.
(c) We do not make any representations or warranties with respect to this Website, including, without limitation:
(i) that any information we provide is adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose;
(ii) that your access to the Website will be uninterrupted or timely;
(iii) with respect to non-infringement of any third party intellectual property rights.
(d) We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website or the Resources.
3. Intellectual Property
(a) Copyright in the Website (including the Resources and text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these terms and conditions, you must not:
(i) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
(ii) commercialise any information obtained from any part of the Website; or
(iii) download or use any Resources except if you are a current Subscriber and use is in accordance with our end user licence agreement, except in the case of Resources available under our ‘Free Resources’ tab, you may:
(A) download, print and pre-produce an unlimited number of these Resources for any of the following personal uses:
(I) in your own classroom;
(II) by your students’ parents;
(III) by your own students; and
(IV) by your own children; and
(B) modify these Resources for use in accordance with (A) only by:
(III) where the Resources include blank spaces for writing, indicated by a dotted line, by writing in the blank spaces.
(b) You must not use any of our trade marks without our written permission.
(c) Without limitation, you agree that you will not use any of our trade marks:
(i) in or as the whole or part of your own trade marks;
(ii) on your website or in any marketing or promotional material;
(iii) in connection with any activities, products or services that are not on ours.
(d) Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers. You must not do anything that infringes any third party intellectual property rights.
4. Linked Websites
(a) This Website may contain links to third party websites (Linked Websites). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Website and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
(b) We do not make any representations or warranties that information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
(c) We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third party intellectual property rights subsisting in any content or material posted on Linked Websites.
(d) Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites.
(e) You must not without our written permission:
(i) create any links to this Website; or
(ii) indicate that this Website is associated or affiliated with any other website or business.
We may vary these terms and conditions at any time without providing you with notice. Changes will be effective immediately upon publication on the Website.
We undertake to:
(a) deal with any of your personal information we collect as a consequence of your use of the Website in accordance with the Privacy Act 1988 (Cth): and
7. Security of Information
(a) Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that this Website is virus free.
(b) Any information which you transmit to us will be transmitted at your own risk.
8. System Security
(a) You must not, and you must not permit any other person to:
(i) violate or attempt to violate any aspect of the security of the Website;
(ii) modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
(b) You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
(i) accessing data unlawfully or without consent;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(iii) attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
(iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(a) Subject to any liability which we may have under the ACL which cannot be excluded, we do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:
(i) your use of this Website;
(ii) any Linked Website;
(iii) your use or reliance on information or materials contained on or accessed through this Website; or
(iv) any of our Resources.
(b) With the exception of the consumer guarantees provided by the ACL, any condition or warranty which could otherwise be implied in connection with our Resources, or the Website, is excluded.
(c) Subject to any liability we may have under the ACL which cannot be excluded, where any of our Resources are not acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, direct loss, indirect loss, Consequential Loss or other damage, however caused (including through misrepresentation or negligence) which you may incur or suffer in connection with the Resources is limited to (at our election) one or more of the following:
(i) replacement of the relevant Resources, or the supply of equivalent Resources; or
(ii) the payment of the cost of replacing the relevant Resources, or of acquiring equivalent Resources.
(d) Nothing in these terms and conditions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.
(a) If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability, unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
(b) If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
11. Governing Law
(a) The Website is operated from Queensland, Australia. We make no representations that the content and materials on the Website are appropriate for use in other locations.
(b) These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. By using the Website, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.