Website Terms and Conditions

Thank you for visiting our website. This website is owned and operated by Climate Schools Pty Ltd (ACN 605 935 144). By accessing and/or using this website and related products and services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. In these Terms, 'us', 'we' and 'our' means Climate Schools Pty Ltd.

Registration

1. You must be a registered member to access our products. When you register and activate your account, you will provide us with certain personal information as set out on our registration pages. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

2. If you are under the age of 18, you represent that you have reviewed these Terms with your teacher, parent or legal guardian to make sure that you and your teacher, parent or legal guardian understand these Terms.

3. If you are a teacher, parent or legal guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to: (i) exercise supervision over the Minor's use of our website and account; (ii) assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet; (iii) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor; (iv) assume liabilities resulting from the Minor's use of our website and their account; (v) ensure the accuracy and truthfulness of all information submitted by the Minor; and (vi) provide the consents contained in these Terms on behalf of the Minor. We may ask you to confirm that you have your teacher’s, parent's or legal guardian's permission and they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

Collection Notice

4. We collect personal information about you in order to process your registration and provide you with access to the products and services on our website and for business purposes otherwise set out in our Privacy Policy. The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to all of the products and services available on our website. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this Collection Notice.

Site Access

5. When you visit our website, we give you a limited licence to access and use our information for educational use. You are permitted to download a copy of the information on this website to your computer for educational use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

6. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

Purchases

7. Our website is a subscription service, with a first-year subscription fee and an ongoing annual renewal subscription fee. We offer a school, university or other organisation a licence which allows all staff and students from one physical campus unlimited access to our website and related products. The school is issued access codes for their staff and students allowing access to the site from school or home. The process for purchasing a subscription to use the products on this website is as follows:

(i) How to purchase subscriptions to use the website:

Select the Register Your School tab, fill in the form and click Register. Click Place Order to purchase a new subscription and follow all instructions.

Alternatively, if your school has already registered for an account, log in to the members area of the website. Select the Billing tab, then Activate Subscription. Check your contact information is correct. Select the appropriate School Enrolment and Payment Type. Click Renew to purchase a subscription and follow all instructions.

(ii) Pricing policy for subscriptions to use the website:

Our subscription prices are based on the number of students at your school or organisation. There are four pricing bands: (a) 0−50 students; (b) 51−150 students; (c) 151−300 students; (d) 301+ students. All prices are in Australian Dollars. Prices are inclusive of GST. Your subscription allows all staff and students at your school to access all products for 12 months from the date the subscription was purchased. To continue to access the resources beyond this date, your school must pay the corresponding renewal fee. One month before your subscription is set to expire, staff at your school will receive a reminder email prompting payment of the renewal fee. If the renewal fee is not paid by the expiry date, staff and students at your school will not be able to access the products housed on the website.

Students per campus

Joining subscription fee

Annual renewal fee

0–50

$250

$200

51–150

$500

$450

151–300

$600

$550

301+

$950

$900

(iii) Payment method for subscriptions to use the website:

You may pay your applicable subscription fee directly through PayPal/Credit card. If the credit or debit card is not issued in your name, you must have the permission of the cardholder to use their card for the subscription fee. Alternatively, you may pay your subscription fee by direct bank transfer. To do this, please select the Invoice option under Payment Type when completing the subscription process. Follow instructions on the invoice to make a direct bank transfer payment.

(iv) Order confirmation and receipt for purchases of subscriptions to use the website:

When your payment is confirmed, the subscription fee (minus any discounts or credit applied if using a valid discount voucher or credit coupon), will be deducted from your account and a tax invoice emailed to your nominated email address. If you choose to pay by direct bank transfer, once payment has been made you are required to email remittance to accounts@climateschools.com.au.

(v) Digital delivery method for products purchased by subscription to use the website:

After ordering online, you will receive an email confirmation from us containing your order details. We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your access code via email immediately. If you wish to query a delivery please contact us.

(vi) Cancellation of subscription and refund of subscription fees:

You may receive a full refund of your subscription fee if you have not logged into our website or used our related products within 7 days of subscribing. However, a refund in these circumstances is at the sole discretion of us and may depend on the reasons submitted for your failure to log into or use our website and related products. You will receive a full refund of the subscription fee if you have been unable to access or use our website and related products due to technical difficulties arising from our website for the duration of your subscription time. However, refunds will not be given if the difficulties in accessing our website or related products are due to incompatibility with your computer system. Our website and related products are not optimised for use on a smart phone, therefore, for a full comprehensive experience you will need to use a desktop, laptop or tablet. We will notify you by email that a refund has been approved within 7 days of approval. All refunds approved by us will be paid within 30 days of this notification date. You will not be entitled to a refund of your subscription fee in any circumstances other than those described above.

(vii) No commercial use of products obtained from subscription to use the website:

All subscriptions are available for non-commercial use only. We reserve the right to refuse orders from businesses that we consider are for commercial concerns. Subject to paying the applicable subscription fees, schools, universities and other teaching organisations are permitted to deliver our content to their named students.

8. IN AUSTRALIA, OUR PRODUCTS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE COMPETITION AND CONSUMER ACT 2010 AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER ACT 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED.

Hyperlinks

9. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

10. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

11. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the Terms set out in this Agreement.

12. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

Warranties and disclaimers

13. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

14. The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.

15. We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

16. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.

17. We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Limitation of Liability

18. To the full extent permitted by law, including the Australian Consumer Law, our liability for breach of an implied warranty or condition will not be greater than the total amount you paid to subscribe for our products on this website and in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

Indemnity

19. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or its content.

Unacceptable activity

20. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to: (i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals; (ii) using this website to defame or libel us, our employees or other individuals; (iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals; (iv) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

21. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Severability

22. If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

Jurisdiction

23. These Terms are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.