THE GROW PROGRAMME TERMS AND CONDITIONS OF USE
These Terms and Conditions (Terms) apply to your use of the website and services known as ‘The Grow Programme’ (Programme) which can be found at www.thegrowprogramme.com.au and www.thegrowprogramme.com (Website), owned and operated by Jane Pascall Marketing Services ABN 65 786 212 572 (we, us, our). By using the Website, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must not use the Website.
We may amend these Terms from time to time, without providing notice to you, by posting an updated version of the Terms on the Website. You should regularly check these Terms for any amendments. If these Terms are amended, you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Website.
Capitalised terms used in these Terms are defined in the ‘Interpretation’ section at the end of the Terms.
(a) purchase a subscription to the Programme to use the Website (Subscription); and
(b) use the login details and a password provided to you upon obtaining your Subscription to access the Website. You must use them in the manner we direct from time to time in order to access the Website. We may decline to provide you with a Subscription or login details or a password, or to permit you to register login details or a password for the Website, in our absolute discretion.
You must keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password. If you breach your obligations under this paragraph and another person uses your login details or password for the Website, you are responsible and liable for the use that person makes of the Website with your login details or password, as if that use of the Website was by you.
You must promptly notify us by email to firstname.lastname@example.org if:
(a) there is any change to any of the contact or other details you register with us; or
(b) you have reason to believe that another person is aware of your password for the Website.
No student access – teachers only
You acknowledge that Subscriptions to the Programme are for registered Australian teachers only (as recognised by the NSW Department of Education). A Subscription may only be obtained with the prior written consent of your School Principal. You:
(a) warrant that you have obtained the prior written consent of your School Principal in registering for a Subscription; and
(b) must not allow students to access the Website outside of the school classroom without teacher supervision.
Prices and Payments
After you register for a Subscription, access to the Website will be provided on receipt by us of payment of the subscription fee for the price quoted on the Website at that time (Subscription Fee). The Subscription Fee is payable on an annual basis (each year, being a Subscription Year), upon registering for the Subscription, and then on the commencement of each subsequent Subscription Year.
At the end of the then current Subscription Year, we will invoice you for the Subscription Fee for the next Subscription Year, not less than 30 days before the start of that Subscription Year, which Subscription Fee will be as per the then current Subscription price listed on the Website. We reserve the right to vary the price for Subscriptions at any time, by posting revised pricing on our Website.
If you fail to pay any invoice issued to you, we may suspend your access to the Website.
All payments to be made to us in respect of any Subscriptions must be in AUD and are inclusive of GST.
All copyright and other intellectual property rights in the Programme (including all trade marks appearing on the Website) are owned by us and/or our licensors.
If you have a Subscription, we grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for the purposes of accessing teacher resources through the ‘Teacher Resources Centre’ on the Website, and delivering the Programme in the manner specified in ‘The Teaching Programme’ found on the Website (Permitted Purpose), and to download and print out a copy of the information available from the Website for the Permitted Purpose.
You must not (and must not attempt to):
(a) except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent;
(b) distribute, translate, modify or tamper with, any part of the Website;
(c) create derivative works of or from any part of the Website;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Use of the Website
You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.
You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device, this includes but is not limited to a responsibility to ensure the installation of a compatible operating system for the operation and use of the Website on your Device.
We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.
Performance of the Website
We will use reasonable endeavours to generally make the Website available during our normal business hours. However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee that:
(a) you will be able to use the Website at any time; or
(b) your use of the Website will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:
(a) any network connection difficulties occur;
(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);
(c) you breach any of these Terms; or
(d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or other performance of the Website. The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.
The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times. Subject to the section headed ‘Consumer Guarantees’ below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
Additionally, you acknowledge and agree that:
(a) the information available through the Website is general in nature and is intended only to provide information to allow students to use the skills and knowledge learned at school, in an online, teacher-supervised environment. Additionally, the Website allows students to create a functioning, publicly accessible business through which they upload and sell goods, student photos, content and materials made by students (Products) to other students, teachers, parents of students and the general public for the purpose of fundraising on behalf of your school (Store). You acknowledge and agree that accessing or using the information available on the website, or creating a Store, does not create a teacher/student, business/agent or commercial relationship with us, nor does it confer on us any duty of care in respect of students using the Website;
(b) to the extent that you or any student uploads any student photos onto the Website, you are responsible for ensuring that the individuals shown in those photos have consented to their image being placed on the Website. Further:
(i) we reserve the right to remove any student photo if we know, or have reasonable grounds to suspect that the person or persons appearing in the relevant photo have not provided their consent to that photo being uploaded onto the Website; and
(ii) you indemnify us from any Loss we suffer in connection with your failure to ensure that the individuals shown in those photos have consented to their image being placed on the Website;
(c) We may, remove Products and suspend or terminate your use of the Website, if we determine in our sole discretion that the Products offered, uploaded or posted to a Store, violate these Terms or any law;
(d) mapping and development of course content provided in the Programme is undertaken by the NSW Department of Education and its qualified teachers. It is the responsibility of the school that facilitates its students’ use of the Website to deliver the Programme and its content in a way that achieves desired student outcomes; and
(e) the Programme has been mapped to the assessment criteria for formal qualifications and work education approved by the NSW Department of Education for mandatory work experience. However, you must not rely on the information available through the Website to obtain any formal qualification, and acknowledge that the Programme will not give you any formal qualification.
You must not use (or attempt to use) the Website:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;
(b) to access, transmit, publish or communicate material which:
(i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
(ii) is xenophobic, racist, abusive, harassing or hateful;
(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;
(iv) constitutes commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
(v) contains a virus or other harmful code;
(vi) infringes a person’s copyright or other rights (including any other intellectual property rights); or
(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;
(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
(d) to transmit, publish or communicate bulk and/or unsolicited messages;
(e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or
(f) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. We may immediately terminate and block your access to the Website or the services provided by the Website if you have breached these Terms.
Grow Mentoring Service
In addition to the Program, we may agree to provide you with the ‘Grow Mentoring Service’ from time to time in which one of our approved mentors (GP Mentor) will provide mentoring services in relation to information, technology, career counselling, marketing and business management (Service). The Service may be provided online or in person on your premises. If we agree to provide you with the Service, we will enter into a separate services agreement with you that will outline the scope of services and any additional fees payable by you.
You acknowledge and agree that the information provided in connection with the Service is general in nature and is not intended to constitute, legal, business, medical, psychological, financial or other advice of any nature.
We may from time to time provide you with acceptable use policies or similar policies in relation to use of the Website. You must comply with (and, if you are a teacher, ensure that your students comply with) any such policies, as updated from time to time. We may terminate and block your access to the Website or the services provided by us for failure to comply with policies provided by us.
Intellectual property and your content
We do not claim any intellectual property rights over the Products that you sell via a Store that you create. All Products remain yours (until sold). However, by making your Store public, you agree to allow others to view Products that you post publicly to your Store. You can remove Products from your Store at any time.
You acknowledge and agree that:
(a) you are responsible for your own operation of your Store, as well as the Store’s and your Products’ compliance with any applicable laws or regulations;
(b) we take no responsibility, and disclaim all liablity to you and any third party, in connection with the Products that you sell through the Store; and
(b) you warrant and represent that you hold all applicable rights (including intellectual property rights) to sell the Products onyour Store, and your sale of the Products will not give rise to any claim (whether real or threatened) that any of the Products you sell infringe the rights of any person.
You indemnify us from and against any and all Losses suffered or incurred by us or our personnel, relating to:
(a) any claims by third parties in connection with your operation of a Store and selling of any Products (including in relation to any claims that your operation of the Store or sale of any Products infringes the intellectual property rights of that party); and
(b) your breach of any law or regulation in connection with the operation of your Store or the sale of any Products.
By uploading Products, you agree:
(a) to allow other internet users to view the Products you post publicly to your Store;
(b) to allow us to store, and in the case of Prodcuts you post publicly, display and use your Products on the Store; and
(c) that we can, at any time, review and delete all the Products submitted on our Website.
You grant us the the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Grow Progamme.
To use the Website and its features as intended, you must:
(b) grant it any other permissions and access to your Device that it requires from time to time.
If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.
the Website uses the internet to provide services and information. By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Website. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
Where you as a Consumer acquire goods or services under these Terms through your use of the Website, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:
(a) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
(b) in the case of services, re-supplying the services or paying the cost of having the services re-supplied,
and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
Where you use our Website to sell goods or services through your Store, you acknowledge and agree that you will provide any and all Consumer Guarantees that you are statutorily obliged to provide when selling Products through our Website. You agree to indemnify us against any and all Losses suffered or incurred by us or our personell, relating to an your failure to provide a Consumer Guarantee in relation to Products sold by you through our Website (or your Store).
You acknowledge and agree that your access to, and use of, the Website is at your own risk.
Without limiting any other part of these Terms, and to the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation:
(a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and
(b) any other Losses.
If you access any Confidential Information using the Website, you must:
(a) keep such Confidential Information confidential;
(b) use such Confidential Information only in accordance with the Terms; and
(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).
The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the Website is disabled, terminated, suspended or withdrawn.
If you use the Website, the information that we may collect and store includes, without limitation:
(a) the type of operating system and/or other software or firmware used by your Device;
(b) the data you send and receive using the Website, and the type and quantity of that data;
(c) the dates on which and times at which you use the Website; and
(d) the IP and MAC address of your Device.
You represent and warrant to us that the personal information you provide to us is complete and accurate.
Notwithstanding the above, no student data is visible to users on the Website.
Third party links
The Website may contain links to other websites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.
If any dispute arises out of, or in connection with these Terms or your use of the Website, neither party may commence any court proceedings relating to that dispute unless this dispute resolution clause has been complied with, except where:
(a) a party seeks urgent interlocutory relief; or
(b) we are entitled to recover a debt owed to us by you.
A party claiming that a dispute has arisen under or in relation to these Terms must give written notice to the other party specifying the nature of the dispute. On receipt of that notice by the other party, the parties must use their best endeavours to resolve the dispute within a reasonable period of time.
Suspension, withdrawal of or changes to the Website
We reserve the right to:
(a) suspend your use of, or withdraw, the Website and/or any of its features or components; and
(b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components,
in each case at any time, with notice to you, if:
(c) you have breached these Terms;
(d) you attack, or attempt to attack, other servers within the Apparition Online Pty Ltd Network;
(e) you engage in, or attempt to engage in, port-scanning, hacking, snooping, or any attempts to gain access to our systems;
(f) we reasonably suspect that you have engaged, or intend to engage in, illegal activity using the Website;
(g) we receive any take down or similar notices from a court or other authority;
(h) we are required to do so by law; and/or
(i) any invoice that we have issued to you is overdue,
or without notice to you, if we deem it appropriate and reasonable in order to protect the security and integrity of the Website, or our legitimate commercial interests.
If requested by us, you must immediately:
(a) cease use of the Website; and/or
(b) destroy, expunge, disable or restrict access to any information from the Website that you have printed or downloaded, and any information derived or generated from that information.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy.
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.
In these Terms:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;
(b) Confidential Information means:
(i) the information obtained through the Website; and
(ii) the identity of any user of the Website,
except in each case for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms;
(c) Consumer has the meaning given to that term by section 3 of the Australian Consumer Law;
(d) Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection;
(e) Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and