These Terms and Conditions apply to all subscriptions for membership (Membership) for Teach This Pty Ltd’s (Teach This) website, applications and other computer technologies (Services) and the use of those Services.

Membership Terms

People wishing to make purchases of our products from time to time do not need to register for membership of TeachThis.

By registering for membership of TeachThis you agree to these Terms of Use.

Individuals can register for annual Membership of TeachThis. Annual Membership provides access to all TeachThis resources under a single user license within the following conditions:

• All intellectual property rights in the materials you download remain with TeachThis.
• TeachThis resources can be used only as provided, no alteration is permitted.
• TeachThis resources may be used by you personally to teach your class of students.
• All files are linked to your membership area access. While you remain a member you may print the resources you download and assemble if necessary.
• Access to TeachThis resources cannot be shared or onsold. You understand and agree that you will not share your membership area access details with anyone else.

The annual membership fee will be published on our website from time to time and may be amended at the beginning of each financial year.

No part of the membership fee will be refunded. The membership fee is payable for 12-months in duration.

CANCELLATION OF MEMBERSHIP

Your membership will expire on the day before the first anniversary of the date that you became a member, unless you renew your membership. Renewal reminders will be sent to you prior to the expiry of your membership. If your membership expires without renewal, your membership area access will stop working.

If you share your login details or otherwise breach these Terms of Use you may forfeit your membership and all monies paid, at our discretion.

If we believe that you have breached these Terms of Use we will provide you with one warning that you have breached our agreement and let you know that if you do it again your membership will be cancelled. After the first warning we reserve the right to cancel your membership at anytime if we believe that you have again breached any of these Terms of Use.

Refunds & Returns

1. Teach This does not generally offer and is not bound to agree to any returns or refunds on any Membership, or on any personalised product which you purchase through your Membership (including, without limitation, for any accidental purchases).

2. If you obtain any product through your Membership (or through a stand-alone purchase made via the Services) that is lost in postage, damaged or contains incorrect personalisation, Teach This may in its sole discretion offer a refund or replacement product to you.

Content

1. Membership provides access to all such resources and content as Teach This elects to provide from time to time, based upon your level of Membership.

2. Teach This may in its sole discretion modify, remove or restrict access to any of the content contained on the Services at any time without notice to you.

3. Membership is currently available in the following categories (Membership Category):

   1. Pre & Primary Essentials;

   2. Primary + Unit Plans;

   3. Primary Plus.

4. You acknowledge that access to content and resources may be restricted by Teach This (in its sole discretion) based on your Membership Category.

5. Teach This may at its sole discretion modify any Membership Category, remove any Membership Category, or introduce any new Membership Category, on such terms Teach This thinks fit.

6. The ‘Primary Plus’ and ‘Primary + Unit Plan’ Membership Categories are subject to the following additional conditions:

   1. you agree that your access to certain content (e.g. homework booklets, homework grids, big brain builders) will be restricted to the two grade levels nominated by you upon subscription for Membership, or upon renewal of your existing Membership;

   2. during each Membership Period, you will be entitled to change the selected grade level one time only;

   3. you acknowledge that if you require access to additional grade level content, you must purchase these at an additional cost.

Content Use Permissions

1. Educators, academics and students in Australia, people working in associated organisations (such as education authorities, Education Services Australia, the Australian Curriculum, Assessment and Reporting Authority and the Australian Institute for Teaching and School Leadership) and people teaching, studying and learning in schools overseas where the Australian curriculum is taught, may freely use this material for non-commercial educational purposes.

2. You agree that you will not print, copy, reproduce, communicate, give access to, share with another person or otherwise use any of the content on the Services except for:

   1. for your own personal use; or

   2. where you are a teacher, for use by the students in your class.

Access Restrictions

1. Your Membership grants you a single user licence to access the Services. You specifically acknowledge and agree that:

   1. your Membership will only be available for use by one child;

   2. you will not allow any other person to access your Membership other than a parent or guardian of that child); and

   3. you are at all times responsible for any use of your Membership by any other person (including any child).

2. Your Membership has a monthly content download limit of 400. If you reach this download limit in any month, you will not be able to download resources for the remainder of that month. This download limit cannot be reset or altered in any given month.

3. Teach This does not provide any guarantee that you will be able to access the Services on any particular computer or device.

4. Teach This is in no way responsible if any relevant department of education (or similar authority) restricts access to the Services within any school or on any department of education technology.

Intellectual Property

1. The material provided via the Services, including all information such as text, images, code, photographs, illustrations, artwork and other graphic materials, names, logos and trade marks, videos, music, animations, presentations, online planner, all personalised planners, unit plans, lesson plans and teaching content are the property of Teach This and are protected by copyright, trade mark and other intellectual property laws.

2. You agree not to alter, reproduce, reverse engineer, store in retrieval system, transmit, distribute, disseminate, sell, publish, broadcast or circulate the material on the Services or any part thereof, unless the prior written consent of Teach This is obtained.

Accuracy, Completeness and Timeliness of Information

1. Teach This endeavours to ensure that the information published on its Services is as accurate as possible.  However, Teach This is not responsible if information made available on the Services is not accurate, complete or current. Any reliance on the material on the Services is at your own risk.

2. Teach This reserves the right to modify the Services at any time. However, you acknowledge that Teach This does not have any obligation to modify the contents of the Services. You agree that it is your responsibility to monitor changes on the Services.

Third-Party Links

1. The external linked websites within the Services are not within the control of Teach This. Teach This does not take responsibility for the content in, or currency of, any externally linked sites. A link on the Services neither implies endorsement by Teach This of the linked website, nor a relationship with the organisation linked.

2. You agree that Teach This is not liable or responsible in any way for any third-party materials, third party websites, third party products or other third-party material.

Prohibited Use

1. You are prohibited from using the Services or any of the Services’ contents:

   1. for any unlawful purpose;

   2. to solicit others to perform or participate in any unlawful acts;

   3. to violate any laws;

   4. to infringe upon or violate any person’s rights;

   5. to harass, abuse, insult, harm, defame, intimidate or discriminate against any person;

   6. to submit false or misleading information; or

   7. to upload or transmit viruses or malware (or similar).

Disclaimer & Limitation of Liability

1. Teach This makes no guaranties, warranties or representations about the Services or any of the Services’ contents. Without limitation, Teach This does not guarantee, represent or warrant that use of this Services will be uninterrupted, timely, secure or error-free.

2. You expressly agree that your use of, in inability to use, the Services is at your own risk. The Services and all products and services delivered through the Services are provided ‘as is’ and ‘as available’ (unless expressly stated otherwise) for your use, without any representation, warranties or conditions of any kind, either express or implied.

3. To the maximum extent permitted by law, in no case shall Teach This, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for:

   1. any injury, loss, claim;

   2. any direct, indirect, incidental, punitive, special, or consequential damages of any kind; or

   3. any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise,

arising from your use of any of the Services or any products or services procured using the Services, or for any other claim related in any way to your use of the Services or any product or Services procured using the Services.

9. 4. To the extent that the law of any state or jurisdiction does not allow the exclusion or limitation of liability as set out above, in those states or jurisdiction, Teach This’ liability shall be limited to the maximum extent permitted by law.

Indemnification

1. You agree to indemnify, defend and hold harmless Teach This and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Email marketing

1. You acknowledge that by providing your email address to us, you agree to receive email marketing from Teach This and its related entities (including but not limited to Wonder Words, Homework Hound and Stickers 4 Teachers).

2. You may choose to opt out of any email marketing by clicking the appropriate link contained in any such email marketing.

User Comments, Feedback and Other Submissions

1. Teach This owns and/or operates various user-generated websites and/or applications that permit users to submit, post, publish, tag or upload (“Submit”) content, which may include, but is not limited to, comments, graphics, information, photos, reviews, text, videos or any combination thereof (collectively, “Content”).

2. If you Submit any Content, you agree that Teach This may at any time without restriction edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you Submit to Teach This.

3. Teach This is under no obligation to maintain any Content in confidence, pay compensation for any Content, or respond to any Content.

4. Teach This may (but is under no obligation to) monitor, edit or remove Content that Teach This determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any person’s intellectual property rights.

5. You agree that your Content will not violate the rights of any person, including any copyright, trade mark, privacy, personality or other personal or proprietary rights of any person. You also agree that your Content will not contain any defamatory or otherwise unlawful material, or contain any computer virus or other malware.

6. You agree that you will not use a false email address, pretend to be someone other than yourself or otherwise mislead Teach This or any other person as to your identity. You are solely responsible for the Content you provide and its accuracy.

7. Teach This is not responsible for, and assumes no liability in respect of, any Content posted by you or any other person.

Breaches of Terms and Conditions

1. You acknowledge that if you breach any part of these Terms and Conditions, Teach This may in its sole discretion:

   1. cancel your Membership; or

   2. suspend your access to the Services.

2. If Teach This cancels your Membership or suspends your access to the Services in accordance with this clause, you are not entitled to a refund of any part of the Membership Fee.

Australian Consumer Law

1. Teach This’ goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

   1. to cancel your service contract with Teach This; and

   2. to a refund for the unused portion, or to compensation for its reduced value.

2. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

3. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Governing Law

1. The Terms of Use will be governed by and interpreted in accordance with the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Amendments

1. Teach This reserves the right to update, change or replace any part of these Terms and Conditions at any time without notice to you, by updating the terms available on its Services.

2. Your continued use of the Services following any changes constitutes acceptance of those changes.

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If you have any questions about our Terms and Conditions, please contact us.