Sustainable School Shop.

TERMS & CONDITIONS

1. Membership

These are the terms and conditions ("T&C") of the Sustainable School Shop Pty Ltd (ACN 114 136 211) ("Sustainable School Shop")

In using the Sustainable School Shop website at www.sustainableschoolshop.com.au ("Site"), you agree to be bound by these T&C, which forms the agreement (“Agreement”). The Sustainable School Shop may review its T&C periodically and reserves the right to change the T&C at any time at its discretion. Changes will be effected immediately upon notification on the Site and the Sustainable School Shop will indicate that change to the T&C has been made by updating the date at the end of these T&C. This date displays when the T&C were last modified. Your continued use of the Site following notification will constitute your acceptance of those changes.

In this Agreement where the context permits a reference to “you” includes anyone acting on your behalf or with your express or implied authority.

The Sustainable School Shop offers its services to its members. Membership is a privilege, not an entitlement, and the Sustainable School Shop may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement. In the event that the Sustainable School Shop changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new membership.

Your membership is not transferable. Your Sustainable School Shop account and membership may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account.

You are responsible for what occurs within your membership and must report any unauthorised use of your membership to the Sustainable School Shop. You must maintain the confidentiality of your membership and password information required to access your membership and immediately change the password if it is lost, stolen or compromised in any way.

For Sustainable School Shop Members who have joined by means other than the internet, acknowledge some Sustainable School Shop services may be unavailable to them.

You can cancel your membership at any time by written notification.

YOU ACKNOWLEDGE AND AGREE THAT THE SUSTAINABLE SCHOOL SHOP IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS. AS A RESULT, THE SUSTAINABLE SCHOOL SHOP HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF ITEMS OR CONTENT POSTED BY MEMBERS ON OUR SITE, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF SELLERS TO SELL ITEMS OR THE ABILITY OF BUYERS TO BUY ITEMS. WE CANNOT ENSURE AND DO NOT GUARANTEE THAT A MEMBER OR BROWSER OF OUR SITE WILL ACTUALLY COMPLETE A TRANSACTION OR ACT LAWFULLY IN USING OUR SITE.

2. Fees

All fees are payable in Australian Dollars (AUD), at a rate and in a manner as set out in the Site.

All fees are subject to the Sustainable School Shop Refund Policy, which forms part of these T&C.

3. Publication of Advertisements

  1. You acknowledge and agree that while every endeavour will be made to publish your information, including advertisements, forums, booklists, notice boards etc (“Advertisement”) as submitted, the Sustainable School Shop will not be liable for any error, omission or failure to publish in the form ordered, including acts or omissions by the Sustainable School Shop, its employees or agents.
  2. The Sustainable School Shop may refuse to publish, withdraw or terminate the Advertisement if:
    1. The Sustainable School Shop determines, in its absolute opinion without notice, you are not entitled to place an Advertisement;
    2. You breach this Agreement; or
    3. Your Advertisement is not reaffirmed by you, upon request by the Sustainable School Shop;
    4. The Sustainable School Shop determines, in its absolute discretion without notice, that it should refuse to publish or withdraw or terminate your Advertisement.
  3. Despite anything in this Agreement, the Sustainable School Shop has absolute editorial control in relation to the publication of your Advertisement, including, but not limited to its format, position and placement.                                                                                                                                                                                                                     You must:
  4. Provide all information for your Advertisement in the form required by the Sustainable School Shop from time to time;
  5. Describe the advertised item accurately;
  6. Comply with any relevant Sustainable School Shop Advertising Policy;
  7. Obtain permission from the owner of copyright in any third party material used in your Advertisement;
  8. Remove your Advertisement if the advertised item is:
    1. sold; or
    2. withdrawn by you from sale, or
    3. no longer require the item being sought, via the ‘Wanted’ Advertisement section of the Sustainable School Shop;
    9. You must not:
  9. You must not offer for sale any item:
    1. not located in Australia;
    2. you are not the owner of, or have express permission from the owner to sell, or
    3. in all other cases, which you do not have the right to sell.
  10. You must not submit an Advertisement which:
    1. does not comply with all relevant laws;
    2. infringes the intellectual property rights of any person including any company or organisation;
    3. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
    4. is misleading or deceptive or likely to mislead or deceive including, photos or text that do not match the item;
    5. comprises anything which may adversely reflect on the Sustainable School Shop or the school to which the item relates;
    6. includes references or links to other websites or HTML enhancement text, (except where consent by the Sustainable School Shop is provided);
    7. contains any electronic material or content (viruses, etc), which may cause damage to the Sustainable School Shop or its members.

4. Cancellation and Withdrawal of Advertisements

An Advertisement may be removed at any time after publication by the member.

5. Intellectual Property Rights

All the material on this Site is subject to the copyright of the Sustainable School Shop or its third party licensors. You must not reproduce any of the material contained on this Site except that you may download a copy of this Site to the local hard drive of the computer used to access the Site; and print extracts of this Site, but only for personal use and where else as permitted by the Sustainable School Shop.

You are not permitted to copy any of the material on this Site or otherwise incorporate it into or store in any other web-site, electronic retrieval system, publication or other work in any form; or provide a link to this Site from another web-site without the Sustainable School Shop's prior written consent.

You hereby assign the all copyright and other intellectual property rights in your Advertisement (other than third party material), to the Sustainable School Shop.

6. You Indemnify the Sustainable School Shop

You indemnify the Sustainable School Shop against all actions, claims and demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against the Sustainable School Shop arising out of:

  1. a breach of this Agreement by you;
  2. any wilful, unlawful or negligent act or omission by you;
  3. the publication by the Sustainable School Shop of your Advertisement;
  4. the sale or offering for sale of any item by you.

7. Sustainable School Shop Liability to You is Limited

  1. The Sustainable School Shop will only be liable to you:
    1. where the law implies a term into these terms and conditions which cannot be excluded and the Sustainable School Shop breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption and where it is fair and reasonable to do so the Sustainable School Shop liability is limited, at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
    2. if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by the Sustainable School Shop.
  2. Other than as set out above, the Sustainable School Shop will not be liable to you:
    1. for claims arising out of or in connection with this Agreement or the publication of your Advertisement or other information (including notice board and forum information) whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
    2. for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
  3. For the purposes of clauses 6 and 7, the term Sustainable School Shop will mean the Sustainable School Shop, its officers, employees, contractors and agents, whether individually or collectively.

8. Privacy

The Sustainable School Shop has a comprehensive Privacy Policy detailing the treatment of your personal information by us. The Sustainable School Shop Privacy Policy forms part of these T&C.

9. School Benefit Program

The Sustainable School Shop will pay at least 10 % of its total gross revenues from all income streams, including commercial advertising and sponsorships to Kindergartens, Pre-Schools, Primary and Secondary schools, Universities and TAFEs, attended and/or nominated, by Sustainable School Shop members. The percentage paid may be changed at any time after providing notification to Sustainable School Shop members via the Site.

Kindergartens and Pre-Schools who maintain state accredited and recognised early learning programmes will be the only Kindergartens and Pre-Schools eligible for these payments.

Additionally the Sustainable School Shop will pay 4 % of the gross Sustainable School Shop Membership revenue to Peak Parent Associations. The Sustainable School Shop retains total discretion in deciding which Peak Parent Associations receive these payments.  

All payments to schools will be based upon the number of Sustainable School Shop members at each school.

Parent Associations or Student Unions at each school will be the preferred recipient for these funds providing they declare:

The Sustainable School Shop may remit these payments directly to schools, whom agree to the following:

10. Schools not Liable

It is acknowledged and agreed that schools are not liable to any person for any injury, damage or loss howsoever caused in connection with the use of the Site.

11. Goods & Services Tax (GST)

The Sustainable School Shop will issue a valid tax invoice upon a payment for a Sustainable School Shop membership. The Sustainable School Shop is not responsible in any manner for the transaction occurring between a seller and a buyer utilising the Site.

12. Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

13. Entire Agreement

This Agreement and any warranties implied by law which cannot be excluded constitute the entire Agreement between you and the Sustainable School Shop.

DATE LAST MODIFIED 07/04/2009

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