Introduction

These terms and conditions govern your use of the following websites;

• http://educationresearch.com.au
• http://curriculumlearning.com.au
• http://curriculumorganiser.com.au

By using these websites, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Types of users

There are two types of users who may access the websites and their rights are different.
(a) users who do not have a licence to access Curriculum Organiser
(b) users who have a licence to access Curriculum Organiser. These are people who have been given a user name and

password to access the Curriculum Organiser content and software

License to use website

Users who do not have a licence to access Curriculum Organiser

Unless otherwise stated, Education Research Solutions Pty Ltd (ERS) owns the intellectual property the intellectual property rights in the website and material on the website including the software code, curriculum design, planning documents and formats. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution

Where content is specifically made available for redistribution, it may only be redistributed within your school.

Users who do have a licence to access Curriculum Organiser

Intellectual Property: Education Research Solutions owns the intellectual property for the software code, curriculum design, planning documents and formats. All are protected by the International Intellectual Property laws and processes including: the Individual Licence Agreement, © symbol on each document, web-version passwords.

Entitlements of the Licence Holder: The licence agreement gives access to the Curriculum Organiser and all its content for the duration of the licence.

• Each licence holder has a personal account and can access the materials online and store them on their personal computers.
• Licence holders can access, edit and change the documents to meet their own purposes.
• Documents created entirely by the individual remain the intellectual property of the individual. However if any content, form of words or formats provided by Education Research Solutions is used then the copyright acknowledgement © Education Research Solutions footer is to be retained.

Restrictions:

• Unless otherwise approved, the licence holder may not provide the software and content to any person not holding a current licence.
• The right to access the content, planning formats and software applications is for the duration of the licence agreement only.

Breaches of Licence Agreement

The agreement enables teachers to use and adapt, create, download and share Curriculum Organiser documents with other Curriculum Organiser account holders. Breaches of the agreement can result in loss of the Licence, and prosecution

Prices

Prices vary depending on whether the users are student teachers, individual teachers or schools. These prices are accessed by clicking on the “Buy now” button. Trials of Curriculum Organiser are free.

Refunds

As it is an annual subscription, refunds are generally not permitted. However, they will be considered if the purchaser has a material change in circumstance within the first 14 days of acquiring the licence, such as suddenly ceasing teaching.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [NAME'S] express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without express written consent of ERS.

Restricted access

Access to certain areas of this website is restricted. ERS reserves the right to restrict access to areas of this website, or indeed this entire website, at ERS’s discretion.

If ERS provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

ERS may disable your user ID and password in ERS’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to your account within this website.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ERS or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

ERS reserves the right to edit or remove any material submitted to this website, or stored on ERS servers, or hosted or published upon this website.

Notwithstanding ERS’s rights under these terms and conditions in relation to user content, ERS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. ERS makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, ERS does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

ERS will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships,
  loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ERS has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ERS’s liability in respect of any:

• fraud or fraudulent misrepresentation on the part of ERS; or
• matter which it would be illegal or unlawful for ERS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, ERS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ERS officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ERS officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ERS.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify ERS and undertake to keep ERS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ERS to a third party in settlement of a claim or dispute on the advice of ERS legal advisers) incurred or suffered by ERS arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ERS other rights under these terms and conditions, if you breach these terms and conditions in any way, ERS may take such action as ERS deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

ERS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

ERS may transfer, sub-contract or otherwise deal with [NAME'S] rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and ERS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Western Australia.

About these website terms and conditions

This website terms and conditions was made using a Contractology form available at www.freenetlaw.com. Customers can purchase a wide range of commercial contracts from Contractology.com.