1. We respect your privacy
1.1 Services. We agree to supply, and you agree to use, IIFed in accordance with these Terms.
1.2 Access to IIFed. To access IIFed, you must be an approved school. As a Subscriber, you determine access to IIFed by granting access to Users. Only the designated account administrator can modify or remove User access by contacting IIFed.
1.3 Things you shouldn’t do when using IIFed.
When accessing IIFed, you must not:
- share your password or log in details with anyone or use it contrary to these conditions;
- copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any IIFed content including the educational materials (except where we have given you express permission in accordance with these Terms);
- use IIFed in a way that contravenes any law or infringes a third party’s legal rights including Intellectual Property Rights;
- interfere with the operation of IIFed;
- reverse-engineer, decompile, or otherwise attempt to discover source code, formulae or processes in respect of the software behind IIFed;
- use IIFed in any way which is: harmful, threatening, abusive, or otherwise objectionable;
- directly or indirectly, introduce or permit the introduction into IIFed of any software viruses or other malicious computer code, files or programs, or in any other manner whatsoever corrupt, or limit the functionality of IIFed.
1.4 Things you should do when using IIFed. When using IIFed, you must do so in accordance with the following general responsibilities and obligations:
Secure your data. You must ensure that your username and password are not misused and remain secure and confidential. You should never tell anyone your username and password;
Users: You must ensure that all Users are aware of the obligations in 1.3 (where relevant) and 1.4 above.
2. What we own
2.1 Ownership of IIFed. We own or have a right to use all aspects of IIFed including but not limited to our documents, lesson plans, educational materials, software, templates, marketing material, trademarks, business names, logos, trading styles, get-up, processes, methodologies and any of our other Intellectual Property Rights.
2.2 Licence to use IIFed. Subject to these conditions, we grant you a non-exclusive, revocable, and non-transferable licence to use IIFed in the way that we authorise. We grant you an exclusive, revocable, and non-transferable licence to use the educational materials and lesson plans during the period that your Subscription is active.
3. What you own: Subscriber Materials
3.1 Ownership of Subscriber Materials. The Subscriber owns and is responsible for the Subscriber Materials.
3.2 Licence to Subscriber Materials. The Subscriber grants to us a non-exclusive and royalty-free licence to use the Subscriber Materials to perform our obligations under these Terms or for other purposes to which you expressly consent from time to time.
3.3 Rights in Subscriber Materials. You warrant that you have all necessary rights to grant us the licence to Subscriber Materials under section 3.2.
3.4 Accessing archived Subscriber Materials after termination. Please ensure that you keep copies of the Subscriber Materials as we may not archive, store or back up the Subscriber Materials.
4. Third Party Applications
5.1 Disruption. IIFed may be disrupted during certain periods, including but not limited to a result of acts of third parties, telecommunications issues, maintenance or other circumstances beyond our control. You acknowledge and agree that we make no representations, warranties or guarantees in relation to the availability, continuity, reliability or security of IIFed or Third Party Applications.
5.2 System maintenance. Where IIFed is unavailable because of system maintenance or repairs, we will try to inform you beforehand.
5.3 No liability. To the extent permitted by law, we are not responsible or liable to you or the Subscriber for any Loss or Claim arising from IIFed or any part of it being delayed, disrupted or unavailable.
6. Liability, Warranties, Representation, and Indemnities
If you accept these Terms, they do not exclude, restrict or modify the application of any part of the Australian Consumer Law (ACL).To the extent permitted by law, we provide no warranty and make no claim in relation to our performance, the performance of IIFed including Third Party Applications.
Our liability to you for any non-compliance with a statutory guarantee, or Loss or Claim arising out of or in connection with the supply of goods or services under these Terms, or any breach by us of these Terms however arising (including negligence), is limited to: the resupply of IIFed; or the cost of re-supplying IIFed.
To the extent allowed by law, representations, conditions, warranties and terms that would otherwise be expressed or implied in these Terms by general law, statute or custom are expressly excluded.
To the extent allowed by law, under no circumstances will we be responsible for any consequential or indirect Loss, suffered by you or any third party in connection with IIFed our website or services or these Terms.
6.2 Indemnity to us and Third Parties.
You indemnify us, our staff and other Third Parties (Indemnified Parties) against any Loss or Claim suffered or incurred by the Indemnified Parties or any of them arising from your (and your Users) negligence, misrepresentation, fraud, breach of law or breach of these Terms or the loss or misuse of your password and username. If the Indemnified Party caused or contributed to a Loss or Claim, then your liability is limited to the amount of the Loss or Claim which is directly attributable to your conduct.
7.1 Changes to these Terms and IIFed.
We may change any of these Terms or discontinue or make changes to our products, including IIFed. This might include discontinuing the product, adding or removing features, or changing the inclusions in our product.
7.2 Prior notice.
We’ll give you at least 30 days’ prior notice of any change that is likely to materially affect or disrupt the way you use IIFed.
7.3 Urgent changes.
In some special and urgent cases usually relating to security, we may change your use and access to IIFed without advance notice.
You agree that all communications between you and us in relation to IIFed will be by email, or by us posting a notification on our website. Any notice or other communication to or by a party by email is taken to be received at the time of transmission as recorded from the sender’s e-mail exchange (unless the sender receives a delivery failure notification indicating that the email has not been delivered). If the delivery or receipt is after 5.00pm (addressee’s time) it is regarded as received at 9.00am on the following day.
8.2 This is our complete agreement.
These Terms constitute the entire agreement between us.
A term or part of a term of these Terms that is illegal or unenforceable may be severed from the Terms and the remaining terms or parts of the terms under the Terms continue in force.
You cannot assign or otherwise transfer the benefit of the agreement between us and you without our prior written consent. We can assign or otherwise transfer the benefit of the agreement between us and you at any time.
These Terms are governed and construed by the laws of Victoria.
8.6 Disputes and Customer Complaints.
If you have any questions, complaints or claims that you wish to raise with IIFed you can contact us at firstname.lastname@example.org.
The following expressions have the following meaning:
Intellectual Property Rights means all present and future intellectual property rights, including patents, copyright, designs, trademarks, know-how and moral rights.
Loss or Claim means any loss, liability, claim, action, proceeding, damage, compensation, cost or expense (including all reasonable legal costs and expenses), including liability in tort and any consequential or economic losses.
Personal Information means that term as defined in the Privacy Act. Basically, this is information about an identifiable individual.
Privacy Act means the Privacy Act 1998 as amended or replaced from time to time.
Subscriber means the business or individual that subscribes to IIFed.
Subscriber Materials means data, information, (including Personal Information) and other materials entered or uploaded by you or Users into IIFed.
Third Party Application means any application or service offered by a third party to integrate and be used in conjunction with IIFed.
Third Party means any person we have engaged to help us provide IIFed. This includes any other service providers engaged by us to assist in the delivery, maintenance and administration of IIFed.
User means a person authorised by the Subscriber to use IIFed;
We, us and our means IIFed Pty Ltd;
You and your means the Subscriber and User as applicable.