This page sets out the Terms of Use for website located at schoolcantaustralia.com.au

These Terms of Use apply when you access and use the website. We may change the Terms of Use from time to time by publishing an updated version on the website and that version will supersede all previous versions.  

1. Licence to use the website. Subject to you complying with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-transferrable, licence, without any right to sublicense, to use the website for the following limited purposes: (i) to learn about School Can’t Australia; (ii) to review any content published on the website; (iii) to use the website in your personal, non-commercial capacity; and (iv) to contact us.

2. Access and use of the Site. General access to the website is provided free of charge. To access certain functionality, such as specific content or resources, you may need to contact us at schoolcantaustralia@gmail.com. Any information you provide to us by contacting us will be used and disclosed according to our privacy policy.

By accessing and using the website, you agree to accept full responsibility for all use you make of the website. We reserve the right to limit your access and/or refuse service to you for any reason and at our absolute discretion, without any prior notice to you. You may terminate your use of the website and the application of these Terms of Use at any time.

3. Prohibitions of your use of the website. In addition to all other requirements in these Terms of Use, you must not use the website: (i) to bring us or the Website into disrepute; (ii) in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation; (iii) for the purpose of commercial resupply of information, products or services offered on or available from the website; (iv) in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website; (v) to copy, scrape, data-mine, harvest or otherwise appropriate or make available any content from our website, for any reason including to develop or promote any other website, database or e-store, business, or to resupply our products, services or content; (vi) to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website; (vii) to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages; (viii) to change or attempt to change the presentation, content or layout of any part of the website; (ix) to attempt to probe, test or circumvent the security aspects of the website; (x) to use any code or device referring to the website to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Internet Explorer); (xi) to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the website (except to the extent permitted by law); or (xii) to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another's computer; and (xiii) to use any content from the our website in a way that otherwise violates these Terms of Use, any third party right (such as an intellectual property right) or any other law, regulation, rule, code or legal obligation. 

We expressly reserve the right to take whatever action we deem necessary to protect our interests or the interests of any other third party with respect to your use or access of our website.

4. Linking. If we provide links to or from external websites on our website (“linked sites”), you access the linked sites at your own risk. Such links do not indicate any relationship between us and the owner or operator of the linked site nor do we grant any licence or right for you to use or access the linked site. We do not endorse, nor are not responsible for, the content, operation or security of any linked site, nor the products and/or services the linked site advertises. Your use of any linked site is subject to the linked site’s terms and conditions. 

Please contact us to request permission if you would like to link, frame or mirror any part of our website. You must not proceed without our express written permission. Since we cannot control external websites linking our website, any links to our website should not be considered as our endorsement of the external website or business. 

5. Intellectual Property. This website and the content and services on this website contain material which is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You may not do anything that interferes with or breaches those laws or the intellectual property rights in the material on our website and this applies to content we provide and content provided by others. You may not:

1. re-use any of our content in providing your own publications, website, or other type of service or for the purpose of commercial re-supply; or

2. reproduce our content without our express written permission or the permission of the copyright owner.

Except for the limited licence expressly granted herein, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you.

Our trademarks and the trademarks of third parties may be displayed on the website from time to time. Nothing displayed on this website should be construed as granting any licence or right of use of any logo or trademark without the express written permission of the relevant owner.

6. Warnings and Disclaimers. The provisions in this clause are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.

To the maximum extent permitted by law:

(1) You assume all risk: The website, including all functionality and content, is provided “as is” and may: (i) contain inaccuracies, errors and/or be out of date; (ii) be unreliable and unsuitable for your requirements and purposes; and/or (iii) not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not those risks are foreseen.

(2) Exclusion of warranties etc: We exclude all representations and warranties in respect of the website and any ancillary services we provide and the subject matter of these Terms of Use, other than those expressly set out in these Terms of Use and those which by law cannot be excluded.

(3) Limitation of liability: To the extent our liability to you cannot be excluded, we limit our liability to you (or anyone else) to the cost of us remedying any defect and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).

(4) Where limitation cannot legally be limited, and where our services fail to meet the guarantees mandated by the ACL you may be entitled to: 

1. for any major failure and at your option, a refund and compensation for your losses or damages which were reasonably foreseeable; or 

1. for a non-major failure, to have the services re-supplied by us. 

7. Termination. These Terms of Use may be terminated at any time and for any reason by (i) you, by ceasing all further access to or use of the website; or (ii) us, by ceasing to operate the website or advising you by email. Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.  

8. Miscellaneous. You agree that all notices and communications are effectively given to you if they are sent to your last advised email address. Please ensure you keep us up to date with your current working email address and ensure that our emails do not get routed to your “junk” email folder or otherwise filtered such that they are not delivered. 

You may only use the website if you are at least eighteen (18) years of age. If you are accessing the website on behalf of an organization or company, you must be duly authorized to accept these Terms of Use on behalf of that organization or company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website.  

If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.  Any failure to assert any right under the Terms of Use does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term.  These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts located in that state. 

9. Definitions. In addition to the definitions already set out:“content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website;“including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively; “the website” means schoolcantaustralia.com.au and all content residing in that domain, including the website functionality, the layout, design and underlying code and systems, and including the many ways you can access the website including without limitation desktops, tablets, mobile phones and RSS feeds; “we”, “us” and “our” refers to School Can’t Australia; “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and“you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of an organization or company, that employer and/or company (as appropriate).