Please read these terms and conditions carefully before downloading any Products from our Website www.aplusteachingresources.com.au
1. TERMS AND CONDITIONS
Please read these terms and conditions carefully before downloading any Products from our Website www.aplusteachingresources.com.au (our “Website“). These terms and conditions (“Terms and Conditions”) inform You about the Terms and Conditions under which We supply any of the Products (“Products“) listed on our Website to You. You should understand that by using our Website or ordering any of our Products, You agree to be bound by these Terms and Conditions. Our website is operated by A Plus Teaching Resources (“Us“, “We” or “Our”). We are registered in Western Australia under Australian Business Number 73 813 983 846.
2. SERVICE AVAILABILITY
We take reasonable efforts to ensure that availability of our Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to our Website may also be occasionally suspended or restricted to allow for repairs, maintenance, backups, or the introduction of new facilities or services.
3. YOUR STATUS
By downloading Products or purchasing Products from our Website, You warrant that You are legally capable of entering into binding contracts (“You”). If You are a school and have purchased a School Licence (please contact us for details on how to purchase a School Licence) then You warrant that you are legally capable of entering into binding contracts on behalf of your school in accordance with clause 20.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail that confirms that the Product has been ordered (the “Order Confirmation“). The contract (“Contract“) will only be formed when We send You the Order Confirmation. We reserve the right to cancel orders that We believe to be fraudulent or where an error has occurred including but not limited to errors relating to pricing.
5. OUR STATUS
We may provide links on our Website to the websites of other companies, whether affiliated with Us or not and We do not give any undertaking, that any products or services purchased from third party sellers, or from companies to whose website We have provided a link, will be of satisfactory quality and any such warranties are disclaimed by Us absolutely.
6. INTELLECTUAL PROPERTY RIGHTS
The content on our Website is protected by local and international copyright, authors’ rights and database right laws. The compilation of all content on our Website is our exclusive property. You must not extract or re-utilise parts of the contents of our Website without our express written consent. In particular, You must not utilise any data mining, robots, or similar data gathering and extraction tools to extract any parts of our Website, without our express written consent.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery. Title will only pass to You when We receive full payment for the Products.
8. PRICE AND PAYMENT
The price of any Products will be as quoted on our Website. These prices exclude GST and are liable to change at any time, but such changes will not affect orders in respect of which We have already sent You an Order Confirmation. Payment for all Products must be by MasterCard, Visa or PayPal.
9. OUR REFUNDS POLICY
Since our Products are digital, once purchased they cannot be returned, therefore unless You have purchased the same product more than once, by mistake, We cannot provide a refund. There is no exchange or refund for Products that You have decided You no longer need or want.
By subscribing to our Website You agree to receive promotional emails from Us. You can unsubscribe from this service at any time.
11. OUR LIABILITY
To the maximum extent permitted by law and except for the express written Terms and Conditions, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Products or arising from these Terms and Conditions are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this Agreement, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our absolute discretion, the replacement of the Product or the supply of equivalent goods or a refund of the purchase price of the Product. To the maximum extent permitted by law our liability for losses You suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Product that You have purchased. We are not responsible for indirect losses (even if We are aware of the possibility of such loss or if such loss was otherwise foreseeable) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during or as a result of our performance or non-performance of this Agreement, such indirect losses including but not limited to: (a) loss of income or revenue; (b) loss of business or business interruption; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Where You buy any product from a third party seller through our Website, the seller’s individual liability will be set out in the seller’s terms and conditions.
12. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default. No waiver by Us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and Us, whether oral or in writing.
16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We may amend these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time that You downloaded Product from Us.
17. LAW AND JURISDICTION
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of the State of Western Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.
18. DISCONTINUED PRODUCTS
We will take reasonable care to ensure that Products displayed on our Website are available; however, We may discontinue Products at our sole discretion. For this reason, We encourage You to download your purchased Products and to backup those Products immediately. We do not restore access to, or provide copies of, purchased Products once they have been delivered. We may upgrade, revise or issue new releases of the Products at our sole discretion.
19. LICENCE TO USE PRODUCTS – SINGLE USER
Any Products downloaded from our Website by You are for your personal use and not for distribution or resale. You agree not to share any Products. Licences are non-exclusive and non-transferable. You agree not to post any Products on the Internet.
20. SCHOOL LICENCE
Subject to You purchasing a School Licence for each Product (please contact us for details on how to purchase a School Licence) then You may provide each Product to staff members who are contracted to work at your school. You agree that all staff members who are provided with our with Products must comply with the Terms and Conditions. You agree that staff members will not distribute or resell the Products. School Licences are non-exclusive and non-transferable. You agree not to post any Products on the Internet. Each School Licence is valid for 12 months and must be renewed in order for you to continue using the Products.
21. THE WEBSITE AND THE PRODUCTS
We retain all right, title and interest (including copyright) in the Products and in our Website and in all components and elements of our Website. Except as allowed under relevant copyright legislation, You agree not to: manipulate, change or otherwise alter, reproduce or adapt any of the Products; reverse engineer, access the source code of, or otherwise deal with our Website or the Products without our express written permission; use any device, software or routine to interfere or attempt to interfere with the proper working of our Website; remove any copyright notice or metadata from any Product (whether before, during or after downloading or printing out a Product); take any action which imposes an unreasonable or disproportionately large load on our Website or our infrastructure. You agree to indemnify Us against any and all liability, loss, damage, cost or expense, caused by any breach by You of any provision of these Terms and Conditions.
We have made reasonable efforts to ensure that the content on our Website is correct. However, our Website is provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the content provided on our Website. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and Products found or offered on our Website for any particular purpose. You acknowledge that such information and Products may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that We endorse the other website(s) and We accept no responsibility for their content. The content on our Website is for general information only and is not intended to, nor does it, constitute legal or other professional advice or a recommendation to purchase any Product upon which a specific decision should be made. The content of our Website may not address your particular circumstances and accordingly You should not rely upon the content of our Website as a substitute for proper professional advice. We are not responsible for how the content on our Website is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on our Website. It shall be your own responsibility to ensure that any Products or information available through our Website meet your specific requirements. Any Product or information downloaded is done at your own discretion and risk and You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by You from Us shall create any warranty or other obligation not expressly stated in these Terms and Conditions.