Terms of Use
By accessing, using or browsing on the Site, or by continuing to do so, you expressly accept and agree to be bound by these Terms of Service (the “Agreement”) and our Privacy Policy which can be viewed at www.teachific.com.au. In accepting these Terms of Services, you agree that the Agreement will apply whenever you use the Site. This Agreement constitutes a valid and binding agreement between Teachific, (the “Company,” “Teachific”, “us”, “we”, "teachific.com.au") and you (“you,” “your”, “user,” “member”). If you have any questions about this Agreement, please send us an e-mail via our contact page. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
1. ELIGIBILITY. You must be 13 years of age or older to enter this Site and/or download any of the content available on the Site on your own. If you are under the age of 13, please exit the Site. Teachific reserves the right to ask for proof of age and to withhold or terminate your membership to the Site if you are below the specified age requirement. Use of the Site is void in any jurisdiction where prohibited. By accessing, using or browsing the Site, or continuing to do so, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE. Teachific reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this Agreement, in whole or in part, at any time. Changes to this Agreement will be effective when posted on the Site. You agree to review the Site periodically to be aware of any changes. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. You also hereby consent to the exchange of information and documents from us to you electronically over the Internet or by e-mail and accept the risks including security and privacy risks from internet and e-mail communications.
3. MODIFICATIONS TO SITE AND/OR SERVICES. Teachific reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any service, materials, or eBook, offered through the Site (or any part thereof) with or without notice. You agree that Teachific shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any service offered through the Site.
4. OWNERSHIP AND INTELLECTUAL PROPERTY. All intellectual property in the Site and any and all materials and eBooks Teachific furnishes through the Site are the sole property of Teachific and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. No part of any materials and content, digital or otherwise, may be reproduced or transmitted in any form or by any means except as noted below.
You may print copies of resources on this Site for individual classroom or personal use only. You are strictly prohibited from reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever without written permission from the owner of this website.
Materials on our website may be listed with the proper description on other websites. Linking directly to our download files online is prohibited. Links for viewing and downloading materials must take the user either directly to our Site, teachific.com.au, or a specific page within the website.
5. COMPLIANCE WITH LAW. Any use of the Site including but not limited to posting, distributing, or otherwise making available any content or materials (including but not limited to text, graphics, video, software programs or audio) must be lawful and you expressly agree to avoid any use that is potentially or actually unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You shall not post content or materials that generally contain advertising or any form of commercial solicitation. You shall not falsely claim to be or represent any third parties including but not limited to Teachific personnel or another user or subscriber. Whilst using the Site, you shall not violate copyright, trade mark or other intellectual property rights or attempt to do so. You must not use the Site to interfere with or disrupt the Site or other users. For example, you must not initiate or spread computer worms, viruses or other types of malicious programs, make transmissions of any type or quantity which adversely affect the operation of the Site or jeopardises the use of the Site or its performance for other users or violate or attempt to violate the security of the Site.
6. LINKED SITES. Teachific is not necessarily affiliated with Web sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk. Teachific accepts no responsibility for any liability that may arise from your use of a Linked Site.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL SERVICES, MATERIALS AND EBOOKS PROVIDED THROUGH THIS SITE ARE ON ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Teachific DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Teachific DOES NOT GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Teachific DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR EBOOKS OFFERED THROUGH THIS SITE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF ANY EBOOK OR MATERIALS PROVIDED THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Teachific DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OBTAINED WITH ANY MATERIALS, SERVICES OR EBOOKS PROVIDED THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO INCREASING, ENHANCING, OR OTHERWISE IMPROVING THE SUBJECT CAPABILITIES, TEST SCORES, OR PERFORMANCE OF ANY PERSON), IN TERMS OF ACCURACY, CORRECTNESS OR RELIABILITY, OR COMPLIANCE WITH ANY EDUCATIONAL OR ACADEMIC RULES, REGULATIONS, OR LAW IN ANY JURISDICTION.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.
Teachific EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Teachific'S LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND INCLUDING THAT WHICH MAY BE DUE TO Teachific'S ACTUAL OR ALLEGED NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT A SUBSCRIBER OR USER PAID FOR THE USE OF THIS SITE OR AN EBOOK.
8. HOLD HARMLESS AND INDEMNIFICATION. By using the Site and/or the materials, services and eBooks provided by the Site, you agree to indemnify and hold Teachific and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of the Agreement or the infringement of any intellectual property or other right of any person or entity.
9. PRIVACY. Teachific will collect, hold and use your personal information in accordance with its Privacy Policy available on the Site. Teachific’s Privacy Policy sets out (a) the purposes for which your personal information is collected; (b) the consequences if your personal information is not provided to Teachific; (c) the third parties to which Teachific discloses your personal information; (d) how you may seek access to or correction of your personal information; (e) whether your personal information is likely to be disclosed to overseas entities and in which countries; and (f) how you may complain about a breach of Teachific’s obligations in respect of your personal information and how such a complaint will be dealt with in Australia. You agree to allow Teachific to use your contact and personal information to send to you information about Teachific and the Site, including any additional services offered by Teachific. You may opt out of receiving future mailings, or be removed from our database by contacting Teachific with the details listed in the Privacy Policy.
10. GOVERNING LAW. If there is any dispute arising out of the Site, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of South Australia and the federal laws of Australia. Neither the Convention on the International Sale of Goods nor the law of any country enacting that Convention will apply to this Agreement or to dealings between the parties in relation to this Agreement. You expressly agree to submit to the exclusive jurisdiction of the South Australian courts.
11. NO PARTNERSHIP. Nothing herein shall be construed to create an agency, partnership, joint venture, employee-employer or franchiser-franchisee.
12. SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
13. ENTIRE AGREEMENT. It is hereby acknowledged that this Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.