Terms & Conditions
Terms & Conditions of Eduinfluencers Pty Ltd Services Agreement (The Agreement)
This is an Agreement between You (the “User”) and EDUINFLUENCERS Pty Ltd (ABN 93 611 541 630) (“we”, “The provider” or “us”) to use our services (“The Services”).
If you are agreeing to The Agreement not as an individual but on behalf of your school or organisation, then “Customer”, “Client” “User” or “You” means your “School”, “Company” or “Organisation”, and you are binding your school or organisation to this Agreement.
By using our Services or acknowledging your agreement (clicking on the “I agree” button or similar) by completing an online or physical [The] Agreement you are agreeing to these Terms & Conditions. Please read them carefully.
The Services: Incorporates consulting, facilitation, delivery of programs, workshops, seminars, conferences, keynote presentation and courses. It also incorporates software and databases to allow the functionality of the Providers Insights Platform and includes from time to time, updates and enhancements.
Intellectual Property Rights: Includes any patent, trademark, service mark, copyright, moral rights, right in a design, know-how, confidential information and any other intellectual or industrial property rights whether registered or not that are held or owned by The Provider or any subsidiary of The Provider.
Goods & Services Tax (GST): Goods & services tax payable under the Goods & Services Tax Act 1999.
The Provider: Being Eduinfluencers Pty Ltd
The User: Being the properly authorised user, under this agreement
Written Notice: Notice given by way of post, email or facsimile.
The Parties: Being The Provider and The User.
The Agreement: Being the Terms and Conditions described herein also referred to as “The Terms”
TERMS & CONDITIONS
Services and Software Licence
Subject to the terms and conditions of The Agreement, The Provider grants The User the non-exclusive, non-transferable licence to use The Services and The Software for The User’s own business use. By accessing and using the software The User accepts the Terms and Conditions described in The Agreement.
The Provider's Rights and Obligations
The Provider will make available, modifications and updates to The Service from time to time. Such modifications and updates shall be made available at no additional charge unless agreed otherwise in writing by The Parties.
E-mail and telephone support for the use of The Services and The Software will be made available during normal business hours, these being 9am to 5pm (AEST), Monday to Friday excluding public holidays.
The Provider reserves the right to alter the pricing for its goods and services from time to time. The Provider shall give 30 days Written Notice of any such change.
Breach of Contract:
The Provider reserves the exclusive right to terminate The Services where The Provider has reasonable grounds to believe that The User has breached any clauses in The Agreement.
The Provider is able to terminate The Agreement by providing 30 days Written Notice of intention to discontinue the provision of the Services.
If The User is found to be in breach of The Agreement, The Provider shall give The User Written Notice of intention to terminate or suspend The Services. The User shall have 14 business days to provide Written Notice to The Provider of any reason not to terminate or suspend The Services or to provide acceptable remedy for any breach that has caused the suspension or termination. Regardless of the reasons provided The Provider may, within 3 days of receipt of said notification by The User or 3 days after the expiration of the 14 days notice given, whichever amount of time is shorter, give notice to The User that it shall terminate The Agreement no earlier than 7 days from date of notice to terminate The Agreement.
Obligations on Termination of Agreement:
All obligations of The Provider shall cease upon termination of The Agreement.
The User’s Rights and Obligations
The User agrees:
not to copy, reproduce, translate, adapt, vary or modify The Services;
not to recompile, disassemble or reverse-engineer The Services, except to the extent permitted by law;
not to transfer, sub-license, rent or distribute The Services to any third party;
to ensure that it abides by the terms of The Agreement.
Furthermore, The User agrees not to:
post any illegal, defamatory or objectionable or sexually explicit material onto The Providers Services. Software or the Internet;
initiate any unsolicited mail or "spam" mail to any person, institution, entity or organisation;
attempt to nor to undermine the security or integrity of The Services.
Payment of Services:
The User agrees to the charges and payment terms as agreed. The Provider reserves the right to make amendments to the charges and payments terms and will give The User 30 days Written Notice as to any change. Any collection costs incurred by The Provider in the recovery of overdue amounts owed by The User to The Provider shall be deemed to be owed by The User to The Provider.
If the Customer fails to pay an overdue amount within 7 days of a notice, The Provider reserves the right to suspend the delivery of The Services or any other obligations under this Agreement until the overdue amount is paid in full.
All prices are listed in Australian dollars and are exclusive of GST.
Changes to Services:
The Customer may request a change to the scope of Services at any time by providing notice to The Provider.
Any agreed changes to The Services as requested by the Customer that incur an additional charge or fee will be invoiced at the time of the agreed changes.
The User is able to terminate The Agreement by providing 30 days Written Notice of intention to discontinue their subscription to The Services.
Obligations on Termination of Agreement:
Apart from Payment of Services the obligations of The User in regards to this contract will survive termination of The Agreement. The User shall cease to have any further rights under The Agreement on termination of The Agreement.
Subscriptions and Software Licenses:
Where the purchase of a subscription or license takes place, The Provider’s invoice to You will specify the number of licences, subscription start and subscription end periods and billing requirements.
In order to use The Software, each individual person using The Software must have an active licence. Two different individuals cannot share the same licence.
The number of individuals licensed to use The Software during the Subscription Period is defined by the number of active licences the Customer has purchased.
You may request additional licenses during the Subscription Period and they will have the same expiry date as other licences.
Intellectual Property Rights:
The User acknowledges that any and all of the Intellectual Property used or embodied in or in connection with The Services are and remain the sole property of The Provider and, where relevant, The Provider’s associates and subsidiaries.
The Customer owns all right, title and interest in all Content entered into the Service. In addition, all reports and downloads derived from your Content are also owned by You. All such Content are deemed Confidential Information as described in these Terms and will not be utilised by The Provider for any purpose other than to perform its obligations as the Service provider.
Feedback, Suggestions or Recommendations:
You grant The Provider a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub licensable, assignable, worldwide license to use, display, perform, broadcast and publish in public or private sites, newspapers or other media and reports any feedback, suggestions or recommendations by You.
Privacy & Confidentiality:
Furthermore, the Customer warrants and represents that each individual participant taking part in The Services by The Provider has consented to the provision of his or her personal information, where required for the purpose of performing its obligations under this Agreement.
The Customer indemnifies EduInfluencers for any breach of this warranty.
Outside the provisions of The Service to The Customer, The Provider reserves the right to use any de-identified information (except with the prior consent of an identified party) forming part of the survey data and/or Demographic Data for any of the following purposes:
internal business purposes, including improvements and beta testing;
promoting and marketing The Providers products and services;
conducting research and creating publications.
Third Party Services:
The Services may include Third Party Services. The Customer acknowledges that:
The Customer’s (or individuals, as applicable) use of the Third Party Products will be subject to the Third Party Contract(s);
the Third Party Contract(s) will be between the Customer (or Educator, as the applicable) and the Third Party Supplier.
The Provider is committed to ensuring that complaints are dealt with in a responsive, efficient, effective, fair and economical way. Complaints should be directed to your Account Manager.
Warranties and Disclaimers:
The Provider provides The Services using a commercially reasonable level of skill and care. The Service is not warranted as being without defect. This includes—but is not limited to—functionality, accuracy or quality of content and accessibility to content or The Services.
Unless specifically covered by other agreements, The Services are provided “as is”.
The Customer acknowledges that there are risks inherent in internet connectivity that could result in the corruption or loss of the Customer’s privacy, data, Confidential Information and other property. In no event shall The Provider be liable for any consequential or indirect damages, or losses due to disruption of service, loss of content, or any other such issues unless covered by other agreements.
The Provider may communicate for marketing and promotional purposes that the Customer has engaged in The Services at the school.
The Provider may use the name and/or logo of the Customer for marketing and promotional purposes.
Agreement between The Parties:
This Agreement contains the entire agreement between The Parties and supersedes all prior agreements and/or understandings and any other communications relating to the provision of The Services.
It is agreed between "the Parties" that The Agreement is subject to the laws of New South Wales, Australia only and that any legal rights and remedies available to "the Parties" shall be interpreted and determined within this jurisdiction.
“Our staff have actively engaged in the Flourish Program this year and we are already seeing the benefits for our team. I can certainly recommend schools consider working with EduInfluencers as an investment in their people.”
Jason Borton - Principal of Richardson Primary School, ACT
“It is a pleasure to work as part of the EduInfluencers team - we are dedicated, market oriented and passionate about using evidence based feedback to help people grow and develop.”
Julia Milner - Associate Professor
“EduInfluencer's High Performing Team workshops were a fantastic tool for our team to recognise our strengths and begin to understand how to best work with each other for the best outcomes of the kid's in our classes.”
Renee Everill, Classroom Teacher - Ajuga PS