1. TERMS OF USE

1.1 This information (together with the documents referred to on it) sets out the terms of use (Terms) on which you access our website www.activelearningresources.com.au (this Website).

The Website is operated by THE EDUCATION PROFESSIONALS ("We", "Us" and "Our").

Please read these Terms carefully before you start to use this Website.

By using this Website, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please immediately cease using this Website.

1.2 You may access some areas of this Website without becoming a Member of THE EDUCATION PROFESSIONALS. Some areas of this Website are only available to THE EDUCATION PROFESSIONALS Members.

1.3 This Website is in the English language and any correspondence from you should be in the English language.

1.4 THE EDUCATION PROFESSIONALS wishes to keep this Website free from any defamatory, obscene, unlawful, harmful or otherwise undesirable content and all visitors to this Website must comply with our Acceptable Use Policy set out in section 3 below.

1.5 THE EDUCATION PROFESSIONALS Membership and the purchase of products for sale on this Website are subject to ‘fair use’ and ‘no refund’ policies.  The issue of a refund will be considered only in exceptional circumstances. 

  1. TAKE DOWN POLICY

2.1 THE EDUCATION PROFESSIONALS reserves the right to terminate any THE EDUCATION PROFESSIONALS Membership with or without reason at its sole discretion, including but not limited to content which breaches or is deemed to breach the Terms or our Acceptable Use Policy, should it come to our attention.

2.2. THE EDUCATION PROFESSIONALS does not accept any liability for any direct, indirect, consequential, economic or other loss to you or any other person as a result of misuse of and content provided on this website and/or terminating THE EDUCATION PROFESSIONALS Membership

  1. ACCEPTABLE USE POLICY

3.1 This policy applies to any and all use you make of this Website.

3.2 You must not use this Website or supply information in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose.

3.3 Correspondence must not:

3.3.1 contain any material which is or could be defamatory in any way;

3.3.2 contain any material which is illegal, obscene, offensive, threatening or violent;

3.3.3 contain any sexually explicit or pornographic material;

3.3.4 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

3.3.5 infringe any intellectual property rights of any other person including but not limited to copyright, database right, trade mark or any other unregistered rights of any other person;

3.3.6 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

3.3.7 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or contain any personally identifiable or private information of any third party;

3.3.8 abuse or invade another's privacy, appear to stalk, or cause annoyance, inconvenience or needless anxiety to any other person;

3.3.9 be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;

3.3.10 give the impression that they emanate from THE EDUCATION PROFESSIONALS, if this is not the case; or

3.3.11 solicit passwords or personal information from anyone.

3.4 THE EDUCATION PROFESSIONALS Members also agree:

3.4.1 not to reproduce, duplicate, copy or re-sell any part of this Website or its content in contravention of the Terms;

3.4.2 not to access without authority, interfere with, damage or disrupt:

(a) any part of this THE EDUCATION PROFESSIONALS Website;

(b) any equipment or network on which this THE EDUCATION PROFESSIONALS Website is stored; 

(c) any software used in the provision of our Website; or 

(d) any equipment or network or software owned or used by any third party.

3.5 As an THE EDUCATION PROFESSIONALS Member you may not post articles, news items or other content, or links to such items, without permission from the copyright holder. 

3.6 As an THE EDUCATION PROFESSIONALS Member you must not knowingly transmit or post any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, software, hardware or any other harmful programs, files or similar computer code which may adversely affect the operation of any computer software or hardware or telecommunications equipment.

3.7 Correspondence (in whole or in part) must:

3.7.1 be accurate (where they state facts);

3.7.2 be genuinely held (where they state opinions); and

3.7.3 comply with applicable law within the Commonwealth of Australia and/or in any country from which they are posted.

3.8 THE EDUCATION PROFESSIONALS has sole discretion to determine the appropriate action to be taken in response to a breach by you of this Acceptable Use Policy.

3.10 As an THE EDUCATION PROFESSIONALS Member you warrant that any correspondence made does comply with these standards, and you agree to indemnify us for any breach of that warranty.

  1. CHANGES TO THE ACCEPTABLE USE POLICY

4.1 THE EDUCATION PROFESSIONALS may change its Acceptable Use Policy at any time by amending this page. THE EDUCATION PROFESSIONALS Members are expected to check this page from time to time to take notice of any changes made, as they are legally binding on each and every THE EDUCATION PROFESSIONALS Member.

  1. CORRESPONDENCE TO THE EDUCATION PROFESSIONALS WEBSITE

5.1 All correspondence will be considered confidential

5.2 THE EDUCATION PROFESSIONALS has the right to disclose an THE EDUCATION PROFESSIONALS Member’s identity to any third party who is claiming that any correspondence to this Website constitutes a violation of their intellectual property rights, or of their right to privacy or is defamatory, or in compliance with any court order or direction from any regulatory, enforcement or governmental authority.

  1. ACCESSING THIS WEBSITE

6.1 THE EDUCATION PROFESSIONALS will use all reasonable endeavours to make its service available at all reasonable times, but may suspend access to some or all of the Website or close it indefinitely. THE EDUCATION PROFESSIONALS will not be liable to any THE EDUCATION PROFESSIONALS Member if for any reason this Website is unavailable at any time or for any period.

6.2 As an THE EDUCATION PROFESSIONALS Member you agree to treat any user identification code, password or any other security information as confidential, and you agree not to disclose it to any third party.

6.3 THE EDUCATION PROFESSIONALS has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in its sole opinion you, as an THE EDUCATION PROFESSIONALS Member, have failed to comply with any of the provisions of the Terms.

6.3 Each THE EDUCATION PROFESSIONALS Member is responsible for making all arrangements necessary for to have access to this Website.

6.4 Each THE EDUCATION PROFESSIONALS Member is also responsible for ensuring that all persons who access this Website through his/her internet connection are aware of the Terms, and that they comply with them, including all security procedures.

  1. INTELLECTUAL PROPERTY RIGHTS

7.1 Each THE EDUCATION PROFESSIONALS Member has no rights in, nor may use, any content on this  Website, except as is expressly set out in the Terms.

7.2 Each THE EDUCATION PROFESSIONALS Member agrees that THE EDUCATION PROFESSIONALS is the owner or licensee of all intellectual property rights in works contained on this Website. Those works are protected by copyright laws and treaties around the world.

7.3 Each THE EDUCATION PROFESSIONALS Member warrants that all necessary rights, licences, permission and consent are in place, that correspondence does not contain any information confidential to another party. 

7.4 Each THE EDUCATION PROFESSIONALS Member is permitted to make reasonable copies of material contained on this Website, provided such copies are for personal and non-commercial use only. 

7.5 Each THE EDUCATION PROFESSIONALS Member must not modify either the paper or digital copies of any materials printed off or downloaded in accordance with 7.4 above, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

7.6 If an THE EDUCATION PROFESSIONALS Member prints off, copies or downloads any part of this  Website in breach of these Terms, he/she must, at THE EDUCATION PROFESSIONALS’s option, return or destroy any copies of the materials made.

 

  1. EXCLUSIONS AND LIMITATIONS OF THE EDUCATION PROFESSIONALS LIABILITY

8.1 The material displayed on this Website is provided ‘as is’ and THE EDUCATION PROFESSIONALS does not give any guarantees, conditions or warranties as to its accuracy or completeness. 

8.2 All conditions, warranties and other terms which might otherwise be implied by law are excluded.

8.3 THE EDUCATION PROFESSIONALS does not accept any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Website or in connection with the use, inability to use, or results of the use of this Website, any actual or alleged libellous statements, any websites linked to it and any materials posted on it.

8.4 THE EDUCATION PROFESSIONALS does not accept any liability for, without limitation:(a) loss of income or revenue;(b) loss of business;c) loss of profits or contracts;(d) loss of anticipated savings;e) loss of data;f) loss of goodwill;(g) wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.5 THE EDUCATION PROFESSIONALS shall not be liable in connection with any claim that any correspondence generated infringes the intellectual property rights of any third party.

  1. INTERACTIVE SERVICES

9.1 THE EDUCATION PROFESSIONALS may provide from time to time interactive services on this Website, including, without limitation, chat rooms and bulletin boards.

9.2 THE EDUCATION PROFESSIONALS is under no obligation to oversee, monitor or moderate any interactive service provided on this Website and nor will we do so.

  1. SUSPENSION AND TERMINATION

10.1 THE EDUCATION PROFESSIONALS will determine, in its sole discretion, whether there has been a breach of the Acceptable Use Policy in section 3 through your use of this Website. When a breach of this policy has occurred, THE EDUCATION PROFESSIONALS may take such action as we deem appropriate in our sole discretion. 

10.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms, and may result in OSNET taking all or any of the following actions:

10.2.1 immediate, temporary or permanent withdrawal of the right to use this Website;

10.2.2 issue of a warning;

10.2.3 legal proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.2.4 further legal action;

10.2.5 disclosure of such information to law enforcement authorities as OSSNA  reasonably feel is necessary.; and

10.2.6 Notwithstanding sections 10.1 and 10.2, THE EDUCATION PROFESSIONALS may terminate any Membership at any time with or without reason.

  1. LINKING TO THIS WEBSITE

11.1 You may link to the home page or any part of this Website, provided you do so in a way that is fair and legal and does not damage THE EDUCATION PROFESSIONALS’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. 

11.2 You must not establish a link from any website that is not owned by you. 

11.3 This Website must not be framed on any other website. THE EDUCATION PROFESSIONALS reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Acceptable Use Policy.

11.4 If you wish to make any use of material on this Website other than that set out above, please address your request to info@The Education Professionals.org

  1. LINKS FROM THIS WEBSITE

12.1 This Website may contain links to other websites and resources provided by third parties, please note these links are provided for your information only.

12.2 THE EDUCATION PROFESSIONALS has no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

  1. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

13,1. THE EDUCATION PROFESSIONALS will process all information in accordance with the privacy policy.

13.2  By using this Website, you consent to such processing and you warrant that all data provided by you is accurate.

  1. THIS WEBSITE CHANGES REGULARLY

14.1 THE EDUCATION PROFESSIONALS intends to update this Website regularly, and may change the content at any time. Any of the material on this Website may be out of date at any given time whether posted by THE EDUCATION PROFESSIONALS or by any third party and THE EDUCATION PROFESSIONALS is under no obligation to update such material.

14.2 If you have any comments about this Website, please contact us at The Education Professionals.

  1. JURISDICTION AND APPLICABLE LAW

15.1 The Australian Legal System has exclusive jurisdiction over any claim arising from, or related to, a visit to this Website.

15.2  THE EDUCATION PROFESSIONALS retains the right to bring proceedings in any other relevant country. These terms of use are governed by Australian law.

  1. VARIATIONS

16.1 THE EDUCATION PROFESSIONALS may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you.

16.2 Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on this Website.

  1. COMPLAINTS

17.1 If you have any concerns about material which appears on this Website, please contact The Education Professionals.org

  1. Thank you for visiting this Website.

By using this Website, you agree to abide by THE EDUCATION PROFESSIONALS Terms and Conditions (the "Terms"). This notice does not replace THE EDUCATION PROFESSIONALS terms, which must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on this Website. You must not copy material from this Website except in accordance with the Terms.

All information associated with this Website does not replace the need to seek professional or other advice. THE EDUCATION PROFESSIONALS and its Associates have no liability to you or any other person in respect of any content on this Website.