Schoolparents Terms and Conditions
This website and domain name are owned and operated by Schoolparents Pty Ltd ABN 67 163 543 548 (Schoolparents).
1. Intellectual Property
1.1 Schoolparents and the Schoolparents Logo are trade marks of Schoolparents (Trade Marks). All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to Schoolparents. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose, other than with the prior written consent of Schoolparents or as permitted by law. All rights of Schoolparents are reserved.
1.2 Trade marks used on this website to describe third parties and their products are trade marks of those third parties.
2. Linking and Third Party Content
2.1 You must not link to, frame or mirror any part of the website without Schoolparents’ written authorisation.
2.2 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Schoolparents. Schoolparents does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
2.3 Further terms and conditions of use may apply to your use of the website. For example, if you decide to participate in a promotion that is featured on the website, the relevant terms and conditions of entry for that promotion apply to your use of the website. Such terms are in addition to these Terms and Conditions and your use of the website constitutes your agreement to be bound by such further terms and conditions where applicable. In the event that any term within these terms conflict with a promotion’s terms and conditions, the latter will prevail to the extent of the conflict.
3. Tools, games and other features
3.1 In order to provide information about Schoolparents’ products and services, their promotions, promotional partners and potential opportunities for employment, the website may make available various features such as games, software programs and other devices.
3.2 Despite Schoolparents taking reasonable steps to ensure that any features or information described in clause3.1 are correct, Schoolparents does not guarantee the accuracy, reliability, correctness or completeness of these features, which are provided on an 'as is' basis. Your use of any of these features or information provided is entirely at your own risk.
4. Entering a promotion via the website: collection and use of information
4.1 If you enter a promotion that is made available or advertised on the website you will be required to agree to that promotion's separate terms and conditions, which will be drawn to your attention as part of the entry process.
4.2 If a promotion's terms and conditions include opting into the promoter's marketing communications, you can change your mind and unsubscribe (subject to any specific restrictions for the relevant promotion) by contacting the promoter on the contact details provided in their promotional terms.
5. Terms of Sale
5.1 By placing an order on the website (whether it be on the School Shop tab, which is on the relevant school and P&C pages or the Marketplace, which is accessible through the 'Buy & Sell' tab on the home page of the website) to purchase a listed item, you are offering to purchase a product on and subject to the following terms and conditions and the terms and conditions set out by the seller as contained in the relevant listing. You are obligated to complete the transaction with the seller if you purchase an item.
5.2 All orders are subject to confirmation of availability of the product by the seller.
5.3 Dispatch times may vary and are subject to confirmation by the seller.
5.4 In order to contract with any seller, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to the seller or have a PayPal account.
5.5 When you place an order for a listed product, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between the seller and you for the purchase of the goods will not be formed until your payment has been approved by the seller.
6. Listing and Selling
6.1 You must have a user account to list a product for sale on the website.
6.2 When you list an item you have the opportunity to review and accept the fees that you will be charged for the use of our services as set from time to time in accordance with our Payment Information.
6.3 When you list an item for sale, you must be legally able to sell the item on our website. You must:
- describe your item, specify whether it is NEW or USED and include all terms of sale on the listing page of our website;
- state the price for the item inclusive of GST and if delivery costs will also be charged; such additional charges must be clearly displayed where applicable;
- state your accepted payment methods;
- ensure that all details are accurate and not misleading;
- ensure that the listing does not contain typographical errors or other errors or inaccuracies and that it is complete and current.
6.4 All NEW items will be listed and visible to users for purchase on the 'School Shop' tab.
6.5 All USED items will be listed and visible to users for purchase on the 'School Shop' tab and Marketplace.
7. Personal Information of Users
7.1 Users that buy and sell products on the website agree that they consent to any disclosure of personal information in emails and other correspondence to other users including information such as bank account details. Users that disclose any personal information to other users accept full responsibility for the information that they disclose.
8.1 If you have a dispute with any Schoolparents users, you release us (and our officers, directors, agents, subsidiaries, contractors, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, including legal costs on a full indemnity basis, arising out of or in any way connected with such disputes. You acknowledge that Schoolparents is not involved in the transaction between the buyers and the sellers.
9. Sending electronic messages to Schoolparents
9.1 When you send Schoolparents an electronic message (whether email or otherwise), unless we believe there is some legal reason to retain the content of your message (or the email/machine address), or you provide us with your permission to retain that information for longer than we would otherwise retain it, we will retain that information at our discretion for only as long as it takes to respond to your inquiry or provide you with what you have requested.
10. Your conduct
10.1 You must not:
- use the website in breach of any applicable laws or regulations;
- use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;
- interfere with, disrupt, or create an undue burden on the website;
- solicit money, passwords or personal information from any person;
- impersonate or create a profile for any person or entity other than yourself;
- use any robot, spider or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the website;
- use code or other devices containing any reference to the website to direct other persons to any other webpage;
- accept and only to the extent permitted by law, modify, adapt, sub-licence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so;
- upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- includes an image or personal information of another person unless you have their consent;
- exploits any person under the age of 18, or solicits information from anyone under 18;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- engages in or promotes any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
- contains large amounts of untargeted, unwanted or repetitive content; or
- contains financial, legal, medical or other professional advice.
If you believe that a user has breached any of the above conditions, please contact us.
10.2 Schoolparents reserves the right to block or suspend or terminate the account of any user of its website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the website (User Content), you grant Schoolparents a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
10.3 Schoolparents is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the website by any person other than Schoolparents. Schoolparents does not endorse any opinion, advice or statement made by any person other than Schoolparents.
10.4 You agree to indemnify Schoolparents and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of Schoolparents in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
10.5 You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
10.6 We may at any time request a form of identification to verify your identity and/or your compliance with these terms.
11.1 The website may use 'cookies' as part of its interaction with your internet browser. Cookies enable Schoolparents to provide you with a superior, customer-oriented service. A 'cookie' is a small text file placed on your computer by our web server. A cookie can later be retrieved by Schoolparents' website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
11.2 It is recommended that you accept cookies to make full use of the website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the website's administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
12. Additional use and disclosure of your personal information
- you have authorised us to do so;
- we have notified you of the intended use or disclosure and you have not objected to it;
- when fraud or unlawful activity is suspected by Schoolparents and the information is disclosed to relevant persons or authorities;
- in compliance with these Terms and Conditions;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency, public revenue protection agency or an agency responsible for national security in the performance of their functions; or
- Schoolparents is required or permitted by law to disclose the information.
13. The personal information of other people
You agree that you will provide us with the prior consent of any person whose personal information (whether in the form of words, images, recordings or otherwise) you submit to us via the website and that if you are not sure whether the other person including any parent or guardian of any minor would agree with you providing that other person's personal information you will exercise caution and not provide the personal information to us. We will collect this information from you in good faith and take reasonable precautions to ensure it is handled in accordance with relevant privacy laws in Australia.
14. Disclaimer, indemnity and warranties
By accessing our website, you assume all risks associated with its use, including without limitation the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website and that any information on the website is complete, accurate, and reliable or contains errors. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify Schoolparents for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
To be eligible to be a member of this website, you warrant that you are at least 18 years old, will only maintain one account at any given time and only provide accurate information to SchoolParents and have full power and authority to enter into theseTerms and Conditions. This website is neither designed nor intended for use by children or anyone else under the age of 18.
15. Limitation of Liability
Unless arising from a responsibility implied by law which is not able to be excluded, Schoolparents, its directors, related bodies corporate, employees, contractors and agents are not liable to you for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or referable to the website, User Content, purchase and sale of listed items, Third Party Content, Third Party Websites, or to access (or lack of access) to a the website by you, howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
These Terms and Conditions are governed by the laws of New South Wales, Australia. The website is and will be deemed to be solely based in Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia and, by using this Website you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
We reserve the right to vary these Terms and Conditions from time to time. The latest terms and conditions will always be made freely available to users on our website. You agree to be bound by the varied Terms and Conditions by continuing to access this website.
If a clause or part of a clause of these Terms and Conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of these Terms and Conditions are not affected.
You may not transfer or assign these Terms and Conditions or any rights or licences granted under these Terms and Conditions. We may transfer or assign these Terms and Conditions and your account without restriction or notification.
21. Entire Understanding
These Terms and Conditions represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written.
If you have any queries regarding these Terms and Conditions, please contact us.