Conditions of use
1. This agreement is binding
1.1 This Agreement is between you, the person accessing and/or
using the Website including any services on the Website ("You") and
Teach For Australia (ABN 27 133 833 762) ("Teach For
Australia").
1.2 Your access to and/or use of the Website is subject to Your
agreement to and compliance with these Conditions of Use.
1.3 By accessing and/or using the Website including any services
on the Website, You indicate Your acceptance of these Conditions of
Use.
1.4 Teach For Australia may amend these Conditions of Use from
time to time, and will update these Conditions of Use on the
Website. Your continued use of the Website after such amendments
will constitute acceptance of the amendments by You.
2. Permitted use
2.1 You are permitted to access and use the Website including
the services on the Website solely for Your personal,
non-commercial use, subject to your continued compliance with these
Conditions of Use.
2.2 Teach For Australia does not warrant that:
(a) usage of the Website, including any of the services, will be
uninterrupted;
(b) the content of the Website, including any information posted
on the Website, is or will be correct, up to date or error free;
or
(c) the Website or any of the equipment associated with the
operation or delivery of the Website will be free of computer
viruses or other harmful components.
2.3 You acknowledge that Teach For Australia expressly prohibits
and you agree not to access or use the Website to:
(a) provide any false, misleading or deceptive information,
including without limitation about your identity or employment
record;
(b) violate any law or regulation, or cause Teach For Australia to
violate any law or regulation;
(c) be abusive, defamatory, discriminatory, hateful, obscene,
vulgar, offensive, threatening or otherwise objectionable;
(d) harass, stalk or otherwise subject any other person to
unwanted or inappropriate contact or communication;
(e) send unsolicited mail or email, make unsolicited phone calls,
send unsolicited faxes or advertise any products or services by
making any unsolicited contact with users whose email, telephone,
postal or other contact details You have established via the
Website;
(f) harvest or otherwise collect information about other users of
the Website for any purpose other than as expressly authorised by
Teach For Australia;
(g) take any action that imposes an unreasonable or
disproportionately large burden on the Website's infrastructure;
or
(h) deliberately distribute or execute any computer virus or any
other program or code intended to disrupt or disable operations of
the Website.
3. Intellectual Property Rights
3.1 Except for any information supplied by You, all software,
content and trademarks on the Website ("Content") are the
intellectual property rights of Teach For Australia or another
party. Nothing on the Website should be construed as granting You
or any other person any right to use any Content without the
express permission of Teach For Australia or the other owner of the
intellectual property rights in such content, except where you are
expressly licensed to do so in accordance with these Conditions of
Use.
3.2 Teach For Australia grants You a licence to access, use,
download and print the Content for any non-commercial purpose,
provided that such access is via a standard web browser operated by
a single human user connecting directly to the Website.
3.3 The terms of this licence replace entirely any implied licence
terms that might otherwise apply to the Content. Teach For
Australia explicitly prohibits use of the Content in any manner
other than as licensed in these Conditions of Use. Activities You
must not engage in include without limitation:
(a) copying, modifying, adapting, reselling or redistributing any
Content;
(b) any commercial use of Content, unless such use is authorised
in writing by Teach For Australia;
(c) any form of representation, including linking or framing, that
could mislead or deceive any person, including misleading or
deceiving a person that the Content is from a source other than the
Website; or
(d) any use of or access to the Website by any automatic tool,
including "spiders", "crawlers", "robots" or offline browsing tools
without the prior written consent of Teach For Australia.
3.4 You grant to Teach For Australia a non-exclusive, royalty
free, perpetual, irrevocable licence to use, copy, modify and adapt
all intellectual property rights in any material submitted by you
over the Website. You warrant that you have all rights necessary to
grant that licence to Teach For Australia.
3.4 You agree that Teach For Australia may do all things necessary
to work with and cooperate with law enforcement authorities and any
other government body throughout the world in relation to Your
access and use of the Website, including without limitation
providing all such information about You and Your access and use of
the Website to such law enforcement authorities and other
government bodies.
3.5 You agree that Teach For Australia may terminate or suspend
Your access to and use of the Website at any time in Teach For
Australia's absolute discretion.
4. Links
4.1 You acknowledge that:
(a) some of the services on the Website are provided by persons
other than Teach For Australia ("Third Parties") on the Third
Party's own, separate terms and conditions;
(b) it is Your responsibility to find out and comply with the
terms and conditions imposed by Third Parties on any service;
(c) Teach For Australia is in no way a partner, agent or
representative of any Third Party; and
(d) any agreement between You and a Third Party will be a separate
contract between You and the Third Party. Such contracts will be
subject to separate terms and conditions imposed by the Third
Party. It is Your responsibility to find out the terms and
conditions imposed by Third Parties on any transactions You may
carry out.
4.2 The Website may contain links to websites or resources that
Teach For Australia does not control ("External Websites"). You
acknowledge that:
(a) links to External Websites are provided for Your convenience,
and do not constitute any endorsement of those External Websites by
Teach For Australia; and
(b) Teach For Australia is not responsible for the content of
External Websites.
5. Liability and indemnity
5.1 Other than any warranties and conditions that may be implied
by relevant legislation, including the Trade Practices Act 1974,
the exclusion of which from an agreement would contravene a statute
or cause part or all of this clause to be void ("Non-excludable
Conditions"), Teach For Australia excludes all representations,
terms, conditions and warranties in relation to the Website
including any service provided by the Website.
5.2 Except for liability for breach of any Non-excludable
Condition, You agree that Teach For Australia excludes all
liability for all losses, damages, costs and expenses howsoever
arising, including without limitation in contract, tort (including
negligence), statute or otherwise. For breach of any Non-excludable
Condition only (other than one implied by section 69 of the Trade
Practices Act 1974), Teach For Australia's liability is limited, at
its option to:
(a) where the breach relates to goods:
(i) the replacement of the goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods; or
(iv) the payment of the cost of repairing the goods; and
(b) where the breach relates to services;
(i) the supplying again of those services; or
(ii) the payment of the cost of having those services supplied
again.
5.3 You agree to defend, indemnify and hold harmless Teach For
Australia and its related entities, representatives, partners,
directors, agents and employees from and against any and all
liabilities, claims, costs, losses, damages and expenses, including
legal fees, that arise out of or in connection with Your access to
or use of the Website, including without limitation such
liabilities, claims, costs, losses, damages and expenses that arise
due to Your breach of these Conditions of Use.
6. General
6.1 These Conditions of Use, and all matters arising out of or
in relation to them (including without limitation, their
enforceability), are governed by the laws applicable in New South
Wales.
6.2 While the Website may be used or accessed from outside of New
South Wales, You accept full responsibility for such use or access,
and warrant that You will comply with the law of the jurisdiction
from which You use or access the Website at all times.
6.3 You agree that any dispute, action, claim, or cause of action
related to these Conditions of Use or in connection with Your use
of the Website will be brought only in the Commonwealth or State
courts located in Sydney, New South Wales, Australia.
6.4 If any provision of these Conditions of Use is deemed by a
court of competent jurisdiction to be void, voidable by either
party, unenforceable or illegal, it must be read down so as to be
valid and enforceable or, if it cannot be so read down, the
provision (or where possible the offending words) must be severed
from these Conditions of Use without affecting the validity, the
legality or the enforceability of the remaining provisions (or
parts of those provisions) of these Conditions of Use, which will
continue in full force and effect.
