Access to the Site is permitted on a temporary basis and Teach Starter reserves the right to withdraw or amend the Resources without notice. Teach Starter will not be liable if for any reason the Site is unavailable at any time or for any period and Teach Starter may from time to time restrict access to some parts or all of the Site. See clause 6.
1.1 Defined terms
Application means any application software that is available on the Site or a third party website or online store for the User to access, download (if applicable) and use in relation to Teach Starter resources is included within the definition of the Site.
Claim includes any claim, action, proceeding, loss (including consequential loss), damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a person, no matter how arising (whether or not presently ascertained) in the immediate future or contingent.
Commencement Date means:
(a) for a Free Subscription: the date the User checks the “I accept” box when creating a User account.
(b) for a Paid Subscription: the date the User pays the Subscription Fee.
Content means all textual, visual, aural or other sensory content including text, images, sounds, videos, animations, graphics, data, products, materials, services, links, technology, code, language, functions, software and applications or any other content made available on or through the Site (whether known or invented in the future).but does not include Third part Products.
Free Materials means the free Resources and Application that are available for Users to download and use from the Site for free.
Initial Period means the one (1) year period commencing on the date the User pays the Subscription Fee.
Insolvency Event means circumstances in which Teach Starter or a User take any corporate action or any steps are taken or legal proceedings are started for:
(a) its winding-up, dissolution, or liquidation;
(b) the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or
(c) seeking or being granted protection from its creditors, under any applicable legislation.
Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
Materials means one or both of the Free Materials and Paid Materials as the context requires.
Paid Materials means the Resources and the Application that the User is granted access to pursuant to their Paid Subscription.
Personnel, in relation to a school, includes all full time, part time and casual employees, contractors, officers and members of any controlling body (for instance, a School Council or a Board of Trustees), agents or other persons with apparent or ostensible authority to act on behalf of the school.
Plan means a Subscription package by which Users agree to pay to Teach Starter a Subscription Fee for the Resources available under a chosen plan including all of the terms, conditions, rights and obligations attaching to that Plan.
Renewal Period means the one (1) year term commencing on the expiration of the Initial Period and any subsequent renewal period.
Subscription means a commercial arrangement between a User and Teach Starter involving the supply of Products under licence and includes a Free Subscription, a Paid Subscription or any other subscription or licence expressed or implied at law, as the context requires.
Subscription Fee means the yearly fee payable by the User in accordance with the Teach Starter Plan the User has chosen.
Term means the Initial Period and each subsequent Renewal Period as applicable.
Third Party Product means any product or service advertised or made available for sale on the Site by a party other than Teach Starter.
(a) the singular includes the plural and the plural includes the singular;
(b) a person includes a body corporate;
(c) to an amount of money, to $, $A or dollar is a reference to the currency of Australia;
(d) a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:
(i) that Statutory Provision as amended or re-enacted from time to time; and
(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision;
(e) including and similar expressions are not words of limitation;
(f) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
2.1 If a person wishes to obtain access to this Site, they may do so only in the following capacity:
(a) a casual User;
(b) under a Free Subscription;
(c) under a Paid Subscription;
(d) in accordance with any other terms and conditions which relate to a relevant Resource to which a User intends to Subscribe or has Subscribed and which appear on the Site in relation to those particular Resources;
(e) schools, in accordance with a Relevant Subscription;
(f) students, in accordance with the terms and conditions relating to any Resource to which they are authorised to have access;
(g) other persons in accordance with the terms of their Subscription;
(h) a buyer or licensee of a Third Party Product.
3.1 Free Subscription
(a) The Free Subscription commences on the Commencement Date and continues until the User’s account is terminated.
(c) The User agrees to use and access the Free Materials on the terms of the Subscription and for the purpose for which the Free Materials are provided.
3.2 Paid Subscription
(a) The Paid Subscription commences on the Commencement Date and will continue for the Term.
(b) Teach Starter grants Users a non-exclusive, non-transferable, limited licence to use the Paid Materials for the Term in exchange for the Subscription Fee.
(c) Users agree to use and access the Paid Materials on the terms of the Paid Subscription and for the purpose for which the Paid Materials are provided.
(d) The Paid Subscription will automatically renew for the Renewal Period, unless the User terminates the Paid Subscription by cancelling their recurring subscription in accordance with the procedures contained in Teach Starter’s Help Desk.
(e) If Teach Starter increases the Subscription Fee during the Term, Users agree to pay the increased Subscription Fee, when the Paid Subscription renews for the Renewal Period.
(f) Users agree to pay the Subscription Fee in the manner stipulated by Teach Starter.
(g) Users are responsible for payment of all applicable taxes in relation to the Subscription, unless Teach Starter advises otherwise.
3.3 Unauthorised access and use
Subject to the specific terms of any Subscription, Users must not under any circumstances:
(a) provide Materials to any teachers, parents, or other unauthorised users;
(b) resell any Materials or edit and resell any Materials;
(c) use any Materials for profit or a personal benefit; or
(d) allow any third parties to use their Subscription.
(a) Teach Starter owns or is the licensee of all Intellectual Property in the Content and Site.
(c) Third Party Products are not owned by Teach Starter and may be purchased or licensed through the Site in the manner displayed, either from the third party or from Teach Starter as agent.
3.5 No obligation to support
Subject to clause 11 and any consumer legislation to the contrary, provided the Materials and other Resources function and are fit for purpose, Teach Starter has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Materials and other Resources.
3.6 User Generated Content
(a) Users may, depending on the terms of their Paid Subscription, generate customised content in relation to a Teach Starter Resource or new Resources for any authorised use (Customised Resources).
(b) Users grant Teach Starter an irrevocable, worldwide, royalty-free, fee-free, perpetual licence with the right to sublicense to use, reproduce and make available all the User’s customisations of any Teach Starter Resources.
(c) Users may display their Customised Resources on the Site for other authorised persons to access, view and use.
(d) Users must not upload any Customised Resources which contain identifying details or information relating to students, including but not limited to students’ names, photographs of the students, class names, and any other identifying information.
(e) By allowing other persons to access, view and use the Users’ Customised Resources through the Site, each User represents and warrants that:
(i) they are responsible for all of the Content and customisation of the Customised Resources and for access to the Site by other persons through them;
(ii) the Customised Resources do not contain any identifying information of the any student;
(iii) their Customised Resources are appropriate for other persons to use;
(iv) their Customised Resources do not contain any content that could be considered illegal, defamatory, obscene, untrue or in contravention of any applicable law;
(v) all materials used are the property of the User and the use of them and the customisation will not be in actual or potential breach of the Intellectual Property rights of any other person.
(f) Users acknowledge that Teach Starter may remove any of the User’s Customised Resources if Teach Starter considers that the Customised Resources breach any of the representations and warranties contained in clause 3.6(d)or are otherwise undesirable or may tend to damage the goodwill and reputation of Teach Starter.
(g) Users may not sell or share their Customised Resources on third-party websites or stores unless they have received prior written approval from Teach Starter.
(h) A User who posts any material, comment, opinion or representation on the Site must ensure that in doing so, they comply with clause 3.6(c) and agree that the terms of clause 3.6(e) will apply.
3.7 Schools and teachers
If the User is a school or teacher:
(b) their Subscription may be terminated if:
(ii) the number of Personnel or students accessing the Materials exceeds the limit contained in their relevant Subscription.
3.8 Account and password
(a) Users must create a Site account to access the Materials.
(b) Users must keep all usernames and passwords to their account strictly confidential.
(c) Users are expressly prohibited from sharing their account details with third parties, however they may access the Site from any location.
3.9 Termination by Teach Starter
(a) Teach Starter reserves the right to limit, cancel, suspend or terminate a Subscription without notice if:
(i) it no longer has the right to provide relevant Content and Materials to the User for any reason whatsoever;
(iii) use of the Content may breach a third party’s Intellectual Property rights;
(iv) activities being conducted by the User contravene any applicable law;
(v) the User does not pay the Subscription Fee for the Renewal Period prior to the Renewal Period commencing;
(vi) the User is a body corporate and suffers an Insolvency Event;
(vii) the User is an individual and becomes bankrupt.
(b) If Teach Starter terminates the Subscription pursuant to this clause 3.9:
(i) the User will cease to have access to the Materials;
(ii) the User will not be entitled to a refund of any Subscription Fees paid for the Subscription; and
(iii) Teach Starter is not liable for Claim of any kind for terminating the User’s access to the Content and Site.
3.10 Termination by the User for breach
(a) A User can terminate a Subscription without notice if Teach Starter commits a breach of any of the material terms and conditions of the Subscription.
(b) Teach Starter will refund the User the Subscription Fee for the Initial Period or the Renewal Period as applicable on a pro-rata basis if the Subscription is terminated pursuant to clause 3.10(a).
3.11 Actions upon termination
Upon termination of a Subscription:
(a) the User will cease to have access to the Content;
(b) the User must delete any downloaded or saved Resources;
(c) the User must cease using any Resources, except for Resources that have been printed prior to the Subscription being terminated;
(d) the User must cease to use and uninstall the Application from all devices the User has installed the Application on;
(e) at the option of Teach Starter, the User’s account will be suspended or closed;
3.12 Third Party Products
(a) Teach Starter may make available Third Party Products on the Site as agent for the owner;
(b) If a User wishes to purchase and download a Third Party Product, it must be done in accordance with any terms displayed by the owner but will be processed through the Site;
(d) Except to the extent to which the Australian Consumer Law applies, Teach Starter disclaims any responsibility or liability for the suitability, content standard and operation of Third Party Products and gives no warranties or guarantees for such matters;
(e) The User acknowledges that Teach Starter may receive a commercial consideration from the sale of such products.
4.1 (a) Unless otherwise indicated, Teach Starter reserves all copyright in the Content and design of the Site and is the owner or licensee of all Intellectual Property rights.
(b) Users may download, print or copy Content for their own use, pursuant to their Subscription. Unless authorised and provided with a mechanism to do so by Teach Starter, Users must not sell, lease, deal with the Content and other Resources or permit or cause others to do so other than in accordance with the terms of their Subscription.
(c) Users must not use, reproduce, communicate, publish, distribute or otherwise deal with any of the Content on the Site, unless authorised under their Subscription, but not including fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act). In particular, Users must not reproduce or use any of the Content for commercial benefit.
5.1 The Site and Content must not be used in any manner that infringes Teach Starter’s rights or the rights of a third party, or otherwise misuses or damages the Site or Content. Users agree that they must not in relation to their use of the Site and the Content:
(a) data mine or conduct automated searches on the Site or the Contents whether through the use of additional software or otherwise;
(b) frame or mirror the Site;
(c) tamper with, hinder the operation of, or make unauthorised modifications to the Site or Content;
(d) transmit or distribute any virus, trojan, worm, disabling feature, malware or other material which is malicious, technologically harmful or in breach of confidence to or via the Site;
(e) commit, attempt, aid or encourage a criminal offence including but not limited to the breach of any laws relating to offences against or involving children and sexual offences;
(f) infringe upon the proprietary rights of a third party;
(g) abuse, defame, harass, stalk, threaten, intimidate, discriminate or otherwise violate the legal rights of any person;
(h) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;
(i) modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content;
(j) use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth) or any other similar or related State or Commonwealth legislation;
(l) transfer, sublicense, rent, lease or lend the Materials to a third party or use the Materials outside of the classroom or for commercial sharing.
6.1 (a) Teach Starter may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
(b) Teach Starter may also choose at its sole discretion to block or deny any particular User with access to any of the Content subject to the terms of any Subscription.
(c) Teach Starter may make improvements and or changes to the Content and Site at any time without notice. Teach Starter does not warrant that the information architecture or navigation will not change at any time.
(a) Users acknowledge that their details may be provided to third parties in order for Users to access the Content and the Site.
(b) Users acknowledge that information about them may be sent between countries to other entities that Teach Starter has commercial contracts with. The provision of such information will be under an obligation of confidence.
(c) Users acknowledge that their credit card details or PayPal billing agreement will be securely stored by Recurly and Stripe, in order for Users to access the Content and the Site and for Users’ subscriptions to be renewed.
8.1 (a) Teach Starter does not represent that the content on other websites to which the Site contains links to does not inadvertently infringe the Intellectual Property rights of any person anywhere in the world.
(b) By inadvertently linking to infringing third party content, Teach Starter is not authorising infringement of any intellectual property rights contained on those websites. Please contact Teach Starter at [email protected] to notify Teach Starter of any links which are alleged to be infringing.
9.1 (a) Teach Starter takes all reasonable steps to be aware of Content published by Users on the Site. Teach Starter is committed to removing all Content as soon as practical after Teach Starter is notified and agrees that the Content may be a breach of copyright or other Intellectual Property rights, is defamatory or otherwise claimed to be illegal.
(b) Any person alleging any such breach or activity ( Complainant) must notify Teach Starter of such claim by sending a notification to [email protected] which includes:
(i) information about the complaining party including the capacity in which the Complainant makes the complaint e.g. as copyright owner or person otherwise affected by the Content, address, telephone number (land line and mobile) and email address;
(ii) an electronic or physical signature of the Complainant;
(iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is sought to be removed and:
(A) information reasonably sufficient to permit Teach Starter to locate the material;
(B) full particulars of why the material is alleged to breach copyright or other Intellectual Property rights, is defamatory or is otherwise illegal;
(C) any other facts which Teach Starter would reasonably require to form an opinion as to the truth or otherwise of the Complainant’s allegations;
(iv) a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, agent, or the law; and
(v) a statement that the information in the notification and the facts contained in it upon which the Complainant relies are accurate, complete and, where the Complainant is the agent of a third party, that the Complainant is duly authorised to make the complaint.
(c) Users and Complainants acknowledge and agree that if Teach Starter receives a notification under this clause 9, it may immediately remove the material from the Site, take no action or act as it may decide in its absolute discretion, without further notice and without any obligation to offer or pay compensation to any party.
(d) To notify Teach Starter of material that may require removal from the Site other than for the reasons set out in clause 9.1(a) please email: [email protected]
(b) Teach Starter makes the Site available for the Users to use, however Teach Starter does not assume a duty of care to the Users.
(c) Users must make their own investigations to ensure the Content is accurate and suitable for purpose before they rely upon it.
Users expressly acknowledge and agree that, to the maximum extent permitted by law and subject to clause 11.3:
(a) their use of the Site and Content is at their sole risk.
(b) The Site and Content are provided on an “as is” and “as available” basis.
(c) Teach Starter makes no warranty that:
(i) the Content and Site will meet Users’ requirements;
(ii) the Content and the Site will be uninterrupted, timely, secure or error-free; and
(iii) the quality of the Content, or other material obtained by Users through the Site will meet Users’ expectations; and
(d) any Content downloaded or otherwise obtained through the Site is accessed at Users’ own discretion and risk, and Users are solely responsible for any damage to their computer or loss of data that results from downloading Content.
11.2 Limitation of liability
(a) Subject to clause 11.3, Teach Starter does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.
(b) Subject to clause 11.3 and to any claims available under consumer protection laws, Teach Starter and its officers, employees, contractors and agents are not liable for any loss or damage, including, but not limited to, direct or indirect losses however suffered or sustained in connection with:
(i) any inaccurate or incorrect information in the Content;
(ii) Users’ use of the Content;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;
(iv) any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;
(v) the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Site;
(vi) any unauthorised access to or alteration of a User’s account information;
(vii) for anything a User does to a third party as a result of using the Content or Site;
(viii) for any inability to use any third party equipment or access to data;
(ix) for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Site;
(x) for any indirect, incidental, punitive or special loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site, even if Teach Starter has been advised of the possibility of such damages or if such damages are foreseeable;
(xi) for any loss or damage to a User’s computer, technology, data or other material caused by a distributed denial of service or similar attack, any virus, trojan, worm, disabling feature, malware or other material which is malicious or technologically harmful due to the use of the Site or the Contents.
(c) For claims that cannot be excluded or restricted under consumer protection laws, the liability of Teach Starter for such a claim will be limited to:
(i) in the case of goods: repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and
(ii) if the breach relates to Content or Services: resupplying that or equivalent Content or Services, or paying the cost of having the Content or Services resupplied.
11.3 Consumer Guarantees
(a) Notwithstanding the above, Teach Starter goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, Users are entitled to cancel their service contract with Teach Starter and to a refund for the unused portion, or to compensation for its reduced value.
(b) Users are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, Users are entitled to have the failure rectified in a reasonable time. If this is not done Users are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. Users are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Users indemnify, hold harmless and will defend Teach Starter and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Teach Starter may incur or suffer as a direct or indirect result of:
(b) a User’s negligent acts or omissions;
(c) an actual or alleged breach by a User of any law, legislation, regulation, by-law or code of conduct caused by the Content or other data uploaded to or downloaded from the Site;
(d) use of the Content or Site, including any third party claims made in connection with, or arising out of, the User’s use of the Content and Site;
(e) any claims brought by or on behalf of a third party relating to any act or omission by the User, including breach of a third party’s copyright, trade mark or licence or use of a Third Party Product.
(i) email: [email protected]; or
(ii) telephone: 1800 790 441 (Australia only).
(b) If required, Teach Starter will contact Users via the contact details the User has provided to Teach Starter. If Teach Starter has multiple contact details for a User, Teach Starter will contact the User using the most recent contact details on file.
13.1 Access to the Site
No representation or warranty is made that the Content and Site comply with the laws of any country outside of Australia. A User accessing the Site from outside Australia, does so at their own risk.
13.2 RSS Feeds
If a User utilises any features on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with. The User must include the back link to the full article on the Site and show any included attestation.
13.3 Trade marks
Teach Starter may be the owner of several common law or registered trade marks which appear on the Site. Unauthorised use of these trade marks will infringe Teach Starter’s Intellectual Property rights and Teach Starter reserves its rights to take action against that User.
13.5 Entire agreement
13.6 Governing law and jurisdiction