Terms and Conditions

1.0 General

1.1

The term Website refers to www.mysmartlab.com.au or anything connected to or in relation to www.mysmartlab.com.au or any online resource owned, provided or created by Education Support Programmes Pty Ltd (Education Support Programmes).

1.2

User refers to any user of the Website including any school, teacher or student whether or not that school, teacher, student or any other user has purchased a subscription to use the Website.

1.3

Reference to a School is a reference to a school or any other educational institution.

1.4

Reference to School Subscription means a subscription to use the Website purchased by a School on behalf of its teachers, students or any other User specified by the School.

1.5

Home Subscription means a single subscription purchased by an individual or on behalf of another individual for use by a single individual.

1.6

Any User’s use of the Website is conditional upon acceptance and compliance with these Terms and Conditions and our Privacy Policy both available at www.mysmartlab.com.au (MySmartLab Policies).

1.7

These Terms and Conditions apply to anyone who accesses the Website, regardless of whether a licence to access the Website has been purchased by a User.

1.8

Any User’s access to the Website constitutes an agreement to be bound by the MySmartLab Policies.

1.9

If you do not agree to be bound by the MySmartLab Policies you must cease using the Website.

1.10

If any Users are minors, permission must be sought by that minor’s school, parent or guardian before the User is provided with access to the Website.

1.11

If there is any inconsistency between these Terms and Conditions and any other agreement entered into by Education Support Programmes and any other User, these Terms and Conditions will prevail unless expressly agreed otherwise between Education Support Programmes and that User.

2.0 Amendment to the Terms

2.1

Education Support Programmes may at any time amend the MySmartLab Policies by uploading new Terms and Conditions or Privacy Policies to www.mysmartlab.com.au.

2.2

If Education Support Programmes uploads new Terms and Conditions or a new Privacy Policy, the Terms and/or Policies are effective on the date of posting the new Terms and Conditions or Privacy Policy to www.mysmartlab.com.au.

3.0 Privacy

3.1

Before using the Website, please carefully review the Privacy Policy at www.mysmartlab.com.au. By agreeing to these Terms and Conditions, you agree to the terms of Education Support Programme’s Privacy Policy.

4.0 Ownership of Content

4.1

Education Support Programmes retains ownership of the Website, in whole and in part and all copies thereof, and whether in its original form or as modified by the User.

4.2

Education Support Programmes retains all ownership rights in the information displayed using the Website ( Information). The Information is copyrighted and may not be copied, even if modified or merged with other data or software. You are only licensing rights to use the Website and the Information available to be viewed using the Website.

4.3

All Intellectual Property Rights in the Software are retained by Education Support Programmes. For the purposes of this section, Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, any written content, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

4.4

You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices of Education Support Programmes appearing on or in the Website, the Websites software, screen outputs and prints generated with the Website or accompanying documentation as delivered to you.

4.5

You agree not to modify, copy, reproduce, republish, frame, reverse engineer, download onto a computer, upload to a third party, post, transmit or distribute any content in any way except in accordance with applicable law, these Terms and Conditions or with our express prior written consent.

4.6

Anything on the Website, including but not limited to questions, answers, tutorials, videos, audios, text, software, hardware, code, tools, data, functions, names and logos belong to Education Support Programmes and are protected by copyright and other intellectual property law.

4.7

You shall not copy the Website, Information, screen outputs or prints in whole or in part, except you may make copies in machine readable form, only as may be necessary for backup and security purposes and provided that the backup copy must include all copyright information contained on the original.

4.8

You shall not reverse assemble or reverse compile the Software Information, screen outputs or prints in whole or in part.

4.9

You shall not decompile, disassemble, translate, modify or make derivative works of the Websitre, the Website’s software, Information, or accompanying documentation screen outputs or prints in whole or in part.

4.10

You must not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Website, software within the Website, prints or screen outputs or any part thereof or use it in any manner not expressly authorised by these Terms and Conditions or without the consent of Education Support Programmes. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in these Terms and Conditions is void.

4.11

The Website and software and Information on the Website contains confidential and trade secret information of Education Support Programmes, and you shall at all times take reasonable steps to protect the confidentiality of such information.

4.12

You agree to use your best endeavours and to take all reasonable steps to safeguard the Website, software and Information on the Website and ensure that no unauthorised person has access to the Website, Information or software on the Website and that there is no unauthorised copying or distribution of the Website, Information or software on the Website.

5.0 Code of Conduct

5.1

Any breach of these Terms and Conditions by any User, including students or teachers, may have their access to the Website revoked.

5.2

Any Users including students or teachers who act in a manner that Education Support Programmes deems to be inappropriate or inconsistent with the spirit of these Terms and Conditions or that is unlawful or prohibited by any laws applicable to the Website, may have their access to the Website revoked.

5.3

You must not access or use the Website in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the Terms and Conditions

5.4

Users of the Website must protect their usernames and passwords from unauthorised use. If you suspect any unauthorised use of your account, please notify us immediately.

5.5

You must not use the Content for commercial purposes without first obtaining our express written authority.

5.6

You must take your own precautions to ensure that the process, which you employ for accessing the Website, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your use of the Website.

5.8

The Website and our Content is continuously evolving. We reserve the right to delete, modify, change, evolve and improve existing Content, including curriculum, product features and tools, at any time without notice or consent.

6.0 School Subscriptions

6.1

A representative from the School may subscribe their teachers and students to www.mysmartlab.com.au by paying the licence fee (School Subscription).

6.2

Before the School subscribes to a School Subscription, the School must provide to Education Support Programmes a list of all students who require access to the Website.

6.3

Upon receipt of the licence fee, Education Support Programmes will grant to the School a limited, non-exclusive, non-transferable licence to access www.mysmartlab.com.au for the Users specified by the School in accordance with clause 6.2 for the School Subscription period in accordance with these Terms and Conditions.

6.4

Unless otherwise agreed in writing by Education Support Programmes, the Subscription Period for a School Subscription will be for the period notified to you in writing. If no period is notified to you, the period is for the school year in which the subscription was purchased beginning 1 January and ending 31 December.

6.5

The licence fee is as shown on the invoice sent from Education Support Programmes to the School at the time of purchase or as otherwise agreed in writing between Education Support Programmes and the School.

6.6

If Education Support Programmes fails to receive payment from the School, Education Support Programmes reserves the right to cancel the School Subscription.

6.7

No Users will be entitled to a refund or reduction of the licence fee at any time.

7.0 Home Subscription

7.1

A User may subscribe for a Home Subscription of www.mysmartlab.com.au by paying the licence fee.

7.2

Upon receipt of the licence fee, Education Support Programmes will grant to the User a limited, non-exclusive, non-transferable licence to access www.mysmartlab.com.au for the Subscription Period in accordance with these Terms and Conditions (Home Subscription).

7.3

Unless otherwise agreed in writing by Education Support Programmes, the Subscription Period for a Home Subscription will be for the period notified to you in writing. If no period is notified to you, the period is for 12 months following the date the subscription was purchased.

7.4

The licence fee for a Home Subscription is as shown on the invoice sent from Education Support Programmes to you at the time of purchase or as otherwise agreed in writing between Education Support Programmes and you.

7.5

If Education Support Programmes fails to receive payment from the User, Education Support Programmes reserves the right to cancel the Home Subscription.

7.6

No Users will be entitled to a refund or reduction of the licence fee at any time.

8.0 Disclaimer and limitation of liability

8.1

Education Support Programmes does not warrant the accuracy, adequacy or completeness of any information provided on the Website except where warranties are made non-excludable by applicable legislation.

8.2

Education Support Programmes does not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained on the Website.

8.3

Education Support Programmes and its directors, officers, agents, employees and contractors do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness except where warranties are made non-excludable by applicable legislation.

8.4

Education Support Programmes, its directors, officers, agents, employees or contractors will not be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your access to the Website, the Website’s Content or any omissions from the Content, except where liability is made non-excludable by applicable legislation.

9.0 Indemnity

9.1

You agree to indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of the Terms and Conditions, or reliance by you on any information obtained through the Website or your access or use on the Website.

10.0 Termination

10.1

We may terminate any Users access to this Website at any time without notice. The Terms and Conditions will nevertheless survive any such termination.

11.0 Links to other websites and third party tools

11.1

The Website may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. Your linking to any Linked Site or subsequent site is entirely at your own risk.

11.2

Neither Education Support Programmes, nor its directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or subsequent sites, nor do they accept any responsibility arising in any way for errors in, or omissions from any Linked Sites or subsequent sites.

11.3

Certain aspects of our Websites can be used in connection with third party software, applications, products and platforms (Third Party Tools) and may be subject to additional terms of use between you and the applicable Third Party Tool provider(s).

12.0 General

12.1

We do not accept any liability for any failure to comply with the Terms and Conditions where the failure is due to circumstances beyond our reasonable control.

12.2

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances.

12.3

If we expressly waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

12.4

If any of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will nevertheless continue in full force.

13.0 Governing Law

13.1

These Terms and Conditions will be governed by and construed in accordance with the laws of Queensland applicable to agreements entered into and to be performed entirely within Queensland.

14.0 No Waiver

14.1

No failure or delay on the part of Education Support Programmes in exercising any right under these Terms shall operate as a waiver of, or impair, any such right.

14.2

No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other rights. No waiver of any such right shall be deemed a waiver or modification of any other right under these Terms and Conditions.

15.0 Entire Agreement

15.1

These Terms and Conditions replace any earlier representations, warranties, understandings and agreements (whether oral or written) between Education Support Programmes and any User, and together constitute the entire agreement between parties relating to the subject matter.