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PODSCHOOL TERMS OF USE

PODSCHOOL TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

TERMS OF USE

These Terms of Use (‘Terms’) apply to all Members to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for a Membership, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time. 

DEFINITIONS

“Content” means any and all material, links, words, images, videos, PDFs, worksheets, eBooks including but not limited to any goods and services the Member accesses on or through the website.

“Services” means the provision of educational material and programs designed to assist you to create your own podcasts delivered via our website.

“Member” means a Member to the Services on this website.

“the website” means http://www.podschool.com.au

“We”, “our” and “us” means PodSchool and http://www.podschool.com.au which is owned and operated by Rachel Corbett (ABN: 95386634738) and includes all directors, employees and contractors from time to time.

“You”, “you” means the Member to our Services and by doing so, agree to these Terms.

MEMBERSHIPS

You must register and pay your Membership fee for the relevant Membership option in advance in order to access and receive our Services, newsletters, information and any associated services. You need to first fill in your registration details that are required in the online form to gain access as well as pay the annual Membership fee in advance.

By providing your credit card details, you authorise us and agree to the Membership fee being automatically deducted from your credit card or other nominated payment method.

We may, from time to time offer different Membership options, change Membership fees and/or Content. We will use reasonable endeavours to notify you of any material changes and you may terminate your Membership at any time in accordance with our Cancellation terms.

AGREEMENT FOR MEMBERSHIP SERVICES

To be eligible to subscribe to our website Services, you acknowledge and agree to the following:

  • You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
  • You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
  • We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information;
  • You will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms;
  • We must receive your payment prior to you receiving and accessing our Services. If we do not receive your payment, you will not be granted access to the Services; and
  • We provide you with our educational information and Services to assist you in your own business or personal education. We do not, any time guarantee any business, increase in revenue, traffic or otherwise to your business or website.

DELIVERY

Upon payment, our Membership Content is delivered immediately. You need to ensure you have the appropriate technical software, hardware and internet connection to receive our goods and access our Services. The Membership course is available and accessible for one year from the date of purchase.

As we are an online business, our primary means of communication and delivery of our goods and services are via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure you have provided your correct and accurate email to receive our communications and Services.

Delays: if you have not received our goods and services or they appear to be delayed, please check your email address provided to ensure it is correct and also your Spam folder in the event you have not added us to your address book. Otherwise please contact us at: support@podschool.com.au  so we may try to assist.

GENERAL

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.

You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

CANCELLATION, REFUND AND TERMINATION

To Cancel Your Membership: You are solely responsible for cancelling your Membership through our website. You must cancel in writing by notifying us at support@podschool.com.au and receiving our confirmation.

Refunds: As our Services are provided electronically and cannot be returned, we do not provide any refunds if you change your mind or for any other reason not required by the Australian Consumer Law (‘ACL’). We at all times abide by the ACL in relation to any refunds, returns and replacements. Please contact us to discuss at any time.

We may terminate your Membership at any time: We have the right to terminate your Membership for any reason, at any time for breach of these terms. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your Membership. Any refund may be determined in our sole discretion.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, we may remove, add to or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

ACL: Certain legislation including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms.  We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY AND LICENSING OF MATERIALS

All Content, custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of PodSchool and belong to or are licensed to us. Your rights to use our Content do not extend beyond the limited license expressly granted in these Terms.

You agree and acknowledge that we retain all right, title and interest in the Content and Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.

License Terms (‘License’)

Upon acceptance of these Terms and payment of your Membership fee, we hereby grant you a non-exclusive, non-transferable, limited license to access our Services via the software for the period of your Membership.

Our Services and Content may only be used for individual, non-commercial use. You must use the Content and Services in the manner prescribed in your Membership only and in accordance with this License.

You may view, browse and search our Content but may not store, download, print, or otherwise copy and retain any of our Content. In particular, you agree not to:

  1. copy, modify, alter, disassemble; decompile, translate or convert into human readable form or reverse engineer all or any part of the Content;
  2. print or copy all or part of the Content, save onto a memory storage facility of any computer;
  3. sell, license or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution;
  4. store or use Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of any access to know-how;
  5. in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.

If you are providing any access to our Services under our Teacher or School Membership as agreed and approved by us, you will ensure any other person who may be provided with access is subject to the terms of this License and agrees to these Terms.

Copyright disclaimer for e-books, PDFs, worksheets and videos        

You may not share, copy or redistribute this material in any medium or format at any time. Our materials are for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, transforming or building upon the material in whole or any part thereof. For any other use or distribution, you must have express written consent from Rachel Corbett (ABN: 95386634738).

Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

GOVERNING LAW

These Terms of Use are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.

OUR RESPONSIBILITIES UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the EU or UK you have certain rights and protections under the GDPR regarding the processing of your Personal Data.

We collect, use and store your Personal Data to enable us to provide you with our goods or services and information about them. We rely on the following lawful means of processing your Personal Data:

– Where it is necessary to fulfil a contract with you. This includes where we collect your Personal Data to enable us to send you our goods or provide you with our services.
– Where you have given us valid consent to use your Personal Data. We will rely on that consent and only use the Personal Data for the specific purpose for which you have given consent. This includes where we email newsletters or send mobile phone notifications.
– We may also process your Personal Data where it is to further our legitimate interests which could include usage statistics, analytics and internal analysis so we can improve our services to you.

YOUR RIGHTS AS AN EU OR UK RESIDENT

If you are a resident of the EU or UK you have various rights including the:
– Right to be informed;
– Right of access;
– Right to rectification;
– Right to object;
– Right to restriction of processing;
– Right to erasure or to be forgotten;
– Right to data portability; and
– Right not to be subject to automated processing.

If you want to access your Personal Data or ask for the information to be corrected, please contact us. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your Personal Data. If you would like to limit or request deletion of your Personal Data or exercise any other rights you can do so by contacting us.

WITHDRAWING YOUR CONSENT

You can withdraw your consent to our collection or processing of your Personal Data. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your Personal Data, you may not have access to our services and we might not be able to provide you with our services. In some circumstances, where we have a legal basis to do so, we may continue to process your information after you have withdrawn consent. For example, if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.

OUR COMPLIANCE

We comply with the GDPR protection directives set out by the EU and UK regarding the collection, use and retention of Personal Data from EU member countries and the UK. All Personal Data stored on our platform is treated as confidential. It is stored securely and is only accessed by authorized personnel. Our collection is limited in relation to what is necessary, for the purpose for which the Personal Data is processed, and kept only for so long as is necessary for the purpose for which the Personal Data was collected. We implement and maintain appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing or use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of Personal Data and we have adequate cyber security measures in place.

YOUR ACKNOWLEDGEMENT

By providing us with your Personal Data, you consent to us disclosing it to third parties who reside outside the EU or UK. We will ensure that those third parties are GDPR compliant.

[last updated June 2018]