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.
2.1 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:
2.3 You acknowledge that Teach For Australia expressly prohibits and you agree not to access or use the Website to:
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:
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.
4.1 You acknowledge that:
4.2 The Website may contain links to websites or resources that Teach For Australia does not control (“External Websites”). You acknowledge that:
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:
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.
6.1 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.