PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY AUSTRALIAN NEWSLETTER SERVICES PTY LTD. ("AUSTNEWS" OR “SCHOOLLINK” OR "WE" OR "US"). THIS IS A BINDING AGREEMENT BETWEEN YOU AND SCHOOLLINK. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.
SchoolLink is a comprehensive communication platform that enables educators to engage with parents through a variety of formats, including push notifications with rich media, SMS text messages, surveys, polls, and emails, across multiple mobile and computing devices. Please continue reading to learn about the rules and restrictions that govern your use of SchoolLink’s website(s) and all other products, services and applications made available by SchoolLink (collectively, the “Services”). This Agreement includes the terms in this document, as well as SchoolLink’s Privacy Policy, and the Apple Application Terms.
Changes to these termsWe constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don't agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by SchoolLink constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you.
You represent and warrant to SchoolLink that:you are at least 18 years old;
all registration information you submit is accurate and truthful;
you will maintain the accuracy of such information;
if you're agreeing to this Agreement on behalf of an organisation or entity such as a school, you represent and warrant that you are authorised to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and"your" in these Terms, except for in this sentence, refer to that organisation or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
PrivacyWe take the privacy of our users very seriously. Please read our Privacy Policy, located here. It outlines what personal information SchoolLink collects from you and how we use that information to provide our service.
Student DataOn behalf of a school, we may collect specific types of student personal information through the Services from a verified school administrator. This information may include Names, Ages, Grades, photos, videos, and audio clips, and is collected solely to support the App's available functionality. To enable SchoolLink to collect this type of personal information, a student's school management, an administrator, or teacher must agree to obtain parental consent for the entire duration of the Services subscription.
If you are a school, administrator, or teacher, you represent and warrant that you are responsible for complying with relevant state and federal privacy laws in collaboration with SchoolLink. This means you must obtain consent from all parents or guardians whose children's data may be uploaded to or collected by the Services.
If you are a school administrator or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.
All collected student data will be stored and secured in accordance with our Privacy Policy to ensure the complete protection of the information.
If it’s revealed that you have uploaded or collected out of scope student data without obtaining prior consent from parents or guardians, you may be requested to delete that information as quickly as possible.
Fees and payment; Responsibility for usage chargesAccess to the SchoolLink App is free of cost for parents; however, we do offer features that incur fees when creating content. SchoolLink reserves the right to impose charges for specific functionalities. For instance, when verified school administrators and teachers enable advanced content creation and media uploads via our administrative module, certain fees will apply. We will clearly inform you about which services or features are subject to fees, as applicable. Your continued use of any service or feature after receiving notification of applicable fees signifies your acceptance of those fees, whether they are new or have increased.
Through SchoolLink, you may be able to access and use products or services operated by other individuals or companies who are not employed or controlled by SchoolLink (such as, a payment platform to request and/or make payments). If you use any of these products or services, you must review and agree to the additional terms and conditions and privacy policy, as well as pay any applicable fees required to use those products. Any information you agree to provide will be governed by that business' privacy policy.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your mobile or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your mobile carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
Additional termsThis Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free, as do the vast majority of our users, or pay for use of SchoolLink, particularly when creating and publishing content.
If you are, for example, a parent or guardian who is invited to be or added as a member of a class or group by a school administrator, you are a Subscriber.
If you are a staff member of a school that has purchased or signed up to SchoolLink Platform independently or via your existing ePublisher account, and have been given administrative rights, then you are a Verified Administrator.
If you’re a teacher, teacher aide or office admin who has been given access to create content for SchoolLink App’s timeline, then you’re a Creator.
You may not sign up for or use the Services as someone you are not; SchoolLink may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.
If you’re a Subscriber, who was invited to join a school, class or any other contact group by an Administrator:
You must read and agree to this Agreement before using the Services.
You will only join schools, classes and/or groups to which you have been invited, or to which you belong.
In certain cases, you may be invited to join a class or group by another Participant who is already a member of that class or group.
If you’re a parent/subscriber, verified administrators of your school/s may be able to view your subscription details.
If you’re a parent/subscriber, verified administrators may be able to suspend, block and /or move you to other contact groups.
If you’re a parent/subscriber, only you can delete your own account via the App.
If you’re a verified administrator, a creator or parent subscriber, only you can change or reset your own account password.
If you are accessing the Services as Verified Administrator, inviting parents to join as Subscribers:
The Services may allow you to invite parents to join and/or to subscribe to various contact groups specific to your school.
You can invite parents to signup to SchoolLink App by distributing “school codes”, generated within the administrative module.
You may only share school codes with individuals who are parents of your school. Broadly publishing these codes (for example on social media) is against our acceptable use policy.
It is your responsibility to monitor the accuracy of subscribers to your school’s SchoolLink account.
You are responsible for maintaining the accuracy of the information relating to your School within SchooLink. If at anytime you learn that a user of the Services claims to be affiliated with your school but is not, in fact, affiliated with your school, or of any other inaccuracy relating to your school’s information, you will remove that user from your Organization and, if appropriate, notify SchoolLink immediately via support@austnews.com.au
If you are connected to a school on SchoolLink platform as a Verified Administrator, you may receive additional privileges from Austnews staff. These privileges may include access to information and User Submissions (defined below) (including personally identifiable information but not personal contact information) of Participants and other Administrators in your affiliated school.
If you are connected to a school on SchoolLink platform as a Verified Administrator, Austnews Staff may be able to message other account holders of your school, subscribers, add or update account information in your SchoolLink account profile, add or remove you from SchoolLink and/or take other actions relating to your access and use of the Services through your School.
If you purchase an Individual/standalone plan as a school, you get access to premium features, such as:
Delivering push notifications with extended length.
Delivering push notifications with rich media content (such as photos, videos, audio and file attachments)
Delivering SMS notifications.
If you’re a Verified Administrator for your school, you may have the ability to perform the following tasks:
Invite parents to join SchoolLink.
View parents’ subscription details.
Suspend, block and /or move parent subscribers to other contact groups.
Access and manage information and User Submissions, and view the contact information, which may include personally identifiable information, of all SchoolLink users connected with your school.
IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORISATIONS NECESSARY TO PERFORM SUCH TASKS AND THAT YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS.
With respect to all users of SchoolLink, whether you’re a Subscriber, School, Organisation, Verified Administrator or Creator:
IF YOU INVITE OR ADD ANYONE TO USE SCHOOLLINK AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE, YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED FREELY GIVEN, INFORMED CONSENT FROM EACH PERSON TO:
As a condition to using Services, you may be required to register with SchoolLink by selecting a password and providing your name and a valid email address. You will provide SchoolLink with accurate, complete, and updated registration information. You may not:
select or use the name or email of another person with the intent to impersonate that person; or
use a name subject to any rights of any person other than you without appropriate authorization.
SchoolLink reserves the right to refuse registration of or to cancel a SchoolLink account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of SchoolLink. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. SchoolLink reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Consent to receive periodic messages
As part of the Services, you will receive communications through the Services, including messages that SchoolLink sends you (for example, via SMS, emails, and push notifications).
When a parent signs up to a contact group within a school account, that parent will receive a welcome/identity verification message, instructions on how to stop receiving messages, and information on how to enable SchoolLink notifications on your mobile device.
SchoolLink may inform parents who have not replied to the verification messages via SMS or Email, that they will automatically be removed from relevant school.
SchoolLink may also send other administrative messages. SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM SCHOOLLINK AS WELL AS CLASS TEACHERS OR SCHOOL ADMINISTRATORS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND SCHOOLLINK.
If you connect to or use any third party services in conjunction with SchoolLink, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold SchoolLink harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please text@STOPALL: in reply to any SMS message from a particular school that you have subscribed to.
Additionally, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.
Consent to receive emergency messagesAs part of the Services you may receive communications through the Services in the event of an emergency, through SMS (text messages), emails, push notifications, or phone call. An emergency meriting a message shall be determined solely by teachers, administrators or any official designated by a school, or a government agency.
BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE EMERGENCY COMMUNICATIONS FROM SCHOOLLINK WHENEVER IT IS DETERMINED THAT CIRCUMSTANCES MERIT THOSE COMMUNICATIONS. IF YOU ARE A TEACHER, VERIFIED ADMINISTRATOR, OR SCHOOL OFFICIAL YOU REPRESENT AND WARRANT THAT EACH PARENT WITH AN ENROLED STUDENT AT YOUR SCHOOL, HAS CONSENTEDTO RECEIVE COMMUNICATIONS FROM YOU AND SCHOOLLINK.
If you connect to or use any third-party services in conjunction with SchoolLink, you acknowledge and consent to receive notifications and messages from those third party services. Because SchoolLink does not control whether to send or not send an emergency notification, SchoolLink is never responsible for your receipt of, or failure to receive an emergency message.
Often when an emergency is suspected the individuals empowered to determine whether to send an emergency message through SchoolLink may have incorrect or only partial information. SchoolLink is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous.
YOU ALONE CAN DETERMINE WHAT, IF ANY, ACTIONS TO TAKE IN THE EVENT OF AN EMERGENCY OR IN RESPONSE TO AN EMERGENCY MESSAGE YOU RECEIVE THROUGH SCHOOLLINK. YOU AGREE TO INDEMNIFY AND HOLD SCHOOLLINK HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL ANDCONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR RECEIPT OF EMERGENCY MESSAGES OR YOUR FAILURE TORECEIVE AN EMERGENCY MESSAGE.
While we strongly encourage you not to, you may optout of receiving emergency messages as SMS text messages or emails, but not phone calls or push notifications. To permanently cease receiving SMS text messages, please text@STOPALL in reply to any SMS messages received via SchoolLink.
ContentAll materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you.
SchoolLink is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:
without the express prior written consent of the respective owners, and
in any way that violates anyone else's (including SchoolLink's) rights.
You will not link to the Services without SchoolLink's prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you may provide information which may be used by SchoolLink in connection with the Services and which may be visible to certain other users. Anything you post, upload, share, store or otherwise provide through the Services are, together with any related intellectual property rights, your "User Submissions." You retain ownership of all of your User Submissions. In order to provide you with the Services, SchoolLink needs to access and use your User Submissions in certain ways.
You hereby grant SchoolLink a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable (only to a successor) right and license to use your User Submissions for any purpose related to providing and/or improving the Services (however, SchoolLink will only share your personally identifiable information in accordance with SchoolLink's current Privacy Policy).
Because your User Submissions may be viewed or accessed by other SchoolLink users, you grant other SchoolLink users a nonexclusive, worldwide, royalty -free, perpetual, irrevocable, sublicensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a message through the Services, the recipients of your message will be able to save, copy, edit and store that message).
All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and that SchoolLink will not be liable for any errors or omissions in any Content. SchoolLink cannot guarantee the identity of any other users you may interact with in the course of using the Services. Additionally, SchoolLink cannot guarantee the authenticity of any information which users may provide about themselves. You acknowledge that all Content accessed by you while using SchoolLink is at your own risk, and you will be solely responsible for any resulting damage or loss.
Under no circumstances will SchoolLink be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
As we explain in our Privacy Policy, if SchoolLink knows or becomes aware of a security breach of its users' personally identifiable information, SchoolLink will notify affected users or post a notice on the Services as required by applicable law(s).
Your restrictions and responsibilitiesYou warrant, represent, and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:
infringes or violates the intellectual property rights or proprietary rights of publicity or privacy or other rights of any other third party;
violates any law, statute, ordinance or regulation;
is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable as reasonably determined by SchoolLink;
jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
"crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of SchoolLink's third party service providers); or
transfers, communicates, exchanges, trades or sells personal information as that term is defined by Australian Privacy Act 1988.
SchoolLink reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
SchoolLink reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if SchoolLink is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not SchoolLink, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to SchoolLink and to grant SchoolLink the rights to use such information as provided herein.
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and mobile or wired telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Copyright dispute policyUnder Australian copyright law, specifically the Copyright Act 1968 (Commonwealth), online service providers like SchoolLink have the legal right, but not the obligation, to remove material that is alleged to infringe upon someone's copyright. We respect the intellectual property rights of others and reserve the right to delete or disable content alleged to be infringing. We also reserve the right to terminate the accounts of users who are repeat infringers.
In accordance with the Australian Copyright Act, SchoolLink is required to forward any formal notice from a copyright owner. If a copyright owner notifies SchoolLink in compliance with the requirements set forth under the Australian Copyright Act, we are required to take appropriate action, which may include forwarding the notice to the SchoolLink user implicated in the alleged infringement.
Copyright ViolationsSchoolLink takes the issue of intellectual property rights very seriously. If you are a school, administrator or teacher using our Services, you are solely responsible for ensuring that the content you upload, share, or otherwise distribute does not infringe upon the copyrights, trademarks, or other intellectual property rights of third parties.
By using the Services, you represent and warrant that you have the legal right to use, upload, and distribute all content that you submit to SchoolLink. You also agree to comply with all applicable laws and regulations concerning copyright and intellectual property rights.
If we receive a credible notice of alleged copyright infringement related to content you have uploaded, we reserve the right to investigate the claim and take appropriate action. This may include, but is not limited to, removing the offending content, suspending your account, and/or reporting the violation to relevant authorities.
If you are the owner of copyrighted material and suspect that your intellectual property has been unlawfully uploaded or disseminated through our Services, you have the option to lodge a formal complaint following our set procedures, in compliance with the Australian Copyright Act 1968.
Failure to adhere to these guidelines may result in legal consequences and the termination of your SchoolLink account. All actions taken in response to copyright violations will be consistent with our Terms of Service and Privacy Policy.
Fair Use PolicySchoolLink is committed to providing a high-quality, reliable service to all its users, including schools, administrators, teachers, and parents. To maintain the integrity and performance of the Services, we implement a Fair Use Policy.
If you are a school, administrator, or teacher, you agree to use the Services responsibly and not engage in activities that could disrupt, overload, or negatively impact the Services or other users. This includes, but is not limited to, the excessive uploading of large files, misuse of storage capacity, misuse of the Services in general or the use of automated systems that place undue stress on the servers.
Any activities deemed to be in violation of this Fair Use Policy may result in temporary or permanent restrictions on your account. These restrictions could include limitations on storage capacity, bandwidth, or access to certain features.
If you are found to be in violation of the Fair Use Policy, you will be notified via your registered email address, and corrective actions will be suggested. Failure to comply with these actions may lead to further restrictions or termination of your account. All actions taken under this Fair Use Policy will be in accordance with our Terms of Service and Privacy Policy to ensure fair and equitable treatment of all users.
Third party service providersThe Services may contain links to third party websites, products or services that are not owned or controlled by SchoolLink or Austnews ("Third Party Services"). When you access Third Party Services, you do so at your own risk. SchoolLink encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service that you visit or use.
SchoolLink has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, SchoolLink will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless SchoolLink from any and all liability arising from your use of any Third Party Services.
Your interactions with organisations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that SchoolLink will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between SchoolLink users, or between SchoolLink users and any third party, you understand and agree that SchoolLink is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SchoolLink, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a resident of Queensland or Australia, you should be aware that the Civil Liability Act 2003 (QLD) or similar state or Commonwealth legislation may apply to limit or exclude certain liabilities or obligations.
Warranty and disclaimerSchoolLink has no special relationship with or fiduciary duty to you. You acknowledge that SchoolLink has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release SchoolLink from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. SchoolLink makes no representations concerning any content contained in or accessed through the Services, and SchoolLink will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
SchoolLink makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SCHOOLLINK OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IndemnityYou will indemnify, defend and hold SchoolLink, its parent Australian Newsletter Services Pty Ltd, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of liabilityTO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL AUSTNEWS, SCHOOLLINK OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TerminationThis Agreement will remain in full force and effect while you use the Services. You may terminate your use of
the Services or your account at any time by deleting your account in your account settings tab or by
contacting us at
Note, if you become a verified administrator or content creator through an Organisation (such as a school), and you request that SchoolLink delete your account, SchoolLink may notify the Organisation of your deletion request.
SchoolLink may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, SchoolLink may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law.
Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Choice of law and arbitrationThis Agreement will be governed by and construed in accordance with the laws of the State of Queensland, Australia, without regard to its conflict of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in a Magistrates Court or by arbitration in Brisbane, Queensland, using the English language in accordance with the Commercial Arbitration Act 2013 (QLD) then in effect. The arbitration will be conducted by a single arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected in accordance with the rules and procedures set forth by the Australian Centre for International Commercial Arbitration ("ACICA").
If you cannot afford or otherwise do not want to pay arbitration filing, administrative hearing, and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees, and fees and charges of attorneys, experts, and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable.
By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member, or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A MAGISTRATES COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
MiscellaneousThe failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights here under. SchoolLink will not be liable for any failure to perform its obligations here under where such failure results from any cause beyond SchoolLink's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with SchoolLink's prior written consent.
SchoolLink may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SchoolLink in any way whatsoever.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.