Terms of Use

 

1.   About the  Website

a)      The Website is operated by Tomorrow's Teacher (ABN 66 813 302 065)   .

Access to and use of the Website, or any of its associated Products or     Services, is provided by Tomorrow's Teacher. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound    by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

b)      Tomorrow's Teacher reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tomorrow's Teacher updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.   Acceptance of  the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tomorrow's Teacher in the user interface.

3.   Registration

a)      As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a)     Email address

(b)     Preferred username

(c)     Mailing address

(d)     Telephone number

(e)     Password

(f)      School/institution/business information

b)      You warrant that any information you give to Tomorrow's Teacher   in the course of completing the registration process will always be accurate, correct and up to date.

c)      Once you have completed the registration process, you will be a member of the Website ('Member ') and agree to be bound by the Terms.

d)      You may not accept the Terms if:

(a)     you are not of legal age to form a binding contract with Tomorrow's Teacher.

4.   Your  obligations as a  Member

a)      As a Member, you agree to comply with the  following:

(a)     the Terms;

(b)     any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c)     you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other  person may result in the immediate cancellation of your membership;

(d)     any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Tomorrow's Teacher of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e)     access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Tomorrow's Teacher.

(f)      you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Members  by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g)     you agree that commercial advertisements, affiliate links, and other forms   of solicitation may be removed from the Website without notice and may result in termination of membership. Appropriate legal action will be taken by Tomorrow's Teacher for any illegal or unauthorised use of the Website; and

(h)     you acknowledge and agree that any automated use of the Website is prohibited.

5.   Copyright  and  Intellectual Property

a)      The Website, and all of the related products of Tomorrow's Teacher are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Tomorrow's Teacher or its contributors.

b)      Tomorrow's Teacher retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to  you:

(a)     the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Tomorrow's Teacher;   or

(b)     the right to use or exploit a business name, trading name, domain name, trade mark or industrial design;  or

(c)     a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

c)      You may not, without the prior written permission of Tomorrow's Teacher and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

6.   Privacy

Tomorrow's Teacher takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Tomorrow's Teacher's Privacy Policy, which is available on the website and upon request.

7.   General Disclaimer

a)      You acknowledge that Tomorrow's Teacher does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

b)      Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the   Australian Consumer Law (or any liability under them) which by law may not be limited  or excluded.

c)      Subject to this clause, and to the extent permitted by law:

(a)     all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;   and

(b)     Tomorrow's Teacher will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out  of or in connection with the Purchase Services or these Terms (including    as a result of not being able to use the Purchase Services or the late    supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

d)      Use of the Website, and any of the products of Tomorrow's Teacher is at your own risk. Everything on the Website, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Tomorrow's Teacher make any express or implied representation or warranty about its Content or any   products or Purchase Services (including the products or Purchase Services of Tomorrow's Teacher) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a)     failure of performance, error, omission, interruption, deletion, defect,    failure to correct defects, delay in operation or transmission, computer   virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or   unauthorised access to  records;

(b)     the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(c)     costs incurred as a result of you using the Website, the Purchase Services  or any of the  Products;

(d)     the Content or operation in respect to links which are provided for the User's convenience;

(e)     any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website;  or

(f)      any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such    conduct. 

8.   Limitation of  Liability

(a)     Tomorrow's Teacher's total liability arising out of or in connection with these Terms, however arising, including under contract,  tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Tomorrow's Teacher is the resupply of information to you.

(b)     You expressly understand and agree that Tomorrow's Teacher,   its affiliates, employees, agents, contributors, third party content providers and licensors  shall not be liable to you for any direct, indirect, incidental, special    consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible   loss.

(c)     Tomorrow's Teacher is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by   users of the website of Tomorrow's Teacher, by third parties or by any of the Purchase Services offered by Tomorrow's Teacher.

9.   Termination of  Contract

(a)     The Terms will continue to apply until terminated by either you or by Tomorrow's Teacher as set out below.

(b)     If you want to terminate the Terms, you may do so by notifying Tomorrow's Teacher at any time;  and closing your account, where Tomorrow's Teacher has made this option available to you.

(c)     Your notice should be sent, in writing, to Tomorrow's Teacher via the 'Contact Us' link on our homepage or vie e-mail to admin@tomorrowsteacher.education

(d)     Tomorrow's Teacher may at any time, terminate the Terms with you   if: you have breached any provision of the Terms or intend to breach any provision; Tomorrow's Teacher is required to do so by law;

(e)     Subject to local applicable laws, Tomorrow's Teacher reserves the   right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tomorrow's Teacher's name or reputation or violates the rights of those of another  party.

(f)      When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Tomorrow's Teacher have benefited from, been   subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities  indefinitely.

 

10.  Indemnity

You agree to indemnify Tomorrow's Teacher, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a)     all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b)     any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(c)     any breach of the terms.