PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to www.Koorlong.com/koorlong-moort (“Website”) operated by Madjitil Moorna Inc. Throughout the site, the terms “we”, “us”, “our” refer to Madjitil Moorna Inc.

Your access and use of this Website, including all the information, tools and services available from the Koorlong Moort members’ area (visit www.Koorlong.com/koorlong-moort), is subject to the following terms and conditions (“Terms of Use”). By accessing this site or any part of this site, the user (“you”, “your”) accepts, without limitation or qualification, these Terms of Use and acknowledges that any other agreements between you and us are superseded and of no force or effect. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by these Terms of Use. If you do not agree with the Terms of Use, you must cease usage of the Website and theMembership Services, immediately.

1. Subscription to access the Membership Services

1.1. To access the Membership Services, you must purchase a Subscription through the Website and pay the applicable annual subscription fee (“Subscription Fee”).

1.2. A Subscription provides access to the Membership Services for a period of 12 months from the date the Subscription commences (“Subscription Period”).

1.3. In purchasing a Subscription, you acknowledge and agree that:

1.3.1. it is your responsibility to ensure that the Subscription is suitable for your intended use;

1.3.2. you are an eligible subscriber, being a school, early years service or other organisation approved by the Koorlong team; and

1.3.3. you will pay the applicable Subscription Fee.

1.4. Subscriptions do not automatically renew. At the end of the Subscription Period, your access to the Membership Services will expire unless you purchase a new Subscription.

2. Account Establishment

2.1. When you purchase a Subscription, you accept these Terms of Use together with our Privacy Policy and Copyright Notice.

2.2. When you purchase a Subscription, an Account will be created to provide access to the Koorlong Moort members’ area.

2.3. As part of the registration process, or during your continued use of the Membership Services, you may be required to provide information about yourself, your organisation or individuals authorised to use the Membership Services (“Authorised Users”).

2.4. You warrant that the information you provide to us in connection with your Account is accurate, correct and up to date.

2.5. Once the registration process has been completed, you will be a registered member of Koorlong Moort and agree to be bound by these Terms of Use. You and your Authorised Users will have access to the Membership Services for the Subscription Period.

3. Your Obligations as a Member

3.1. As a Member, you agree to comply with the following: 

3.1.1. you will use the Membership Services only for purposes that are permitted by:

(A) these Terms of Use; and

(B) any applicable law, regulation or generally accepted practices orguidelines in the relevant jurisdictions;

3.1.2. You are responsible for protecting the confidentiality and security of your Account login details.

3.1.3. Your Subscription may only be used by individuals who are Authorised Users under your Subscription. You must not provide your Account login details to any person who is not an Authorised User.

3.1.4. Authorised Users are limited to employees, volunteers and student teachers who are currently and actively working with your organisation, unless otherwise approved by us in writing.

3.1.5. You are responsible for ensuring that individuals who are no longer Authorised Users cease accessing your Account and the Membership Services, including by requesting updated login details where necessary.

3.1.6. You must notify us as soon as reasonably practicable if you become aware of any unauthorised use of your Account or login details or any other breach of security.

3.1.7. you will not use the Membership Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Website;

3.1.8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

3.2. By setting up an Account you grant us ongoing consent for you to receive promotional and marketing information regarding relevant products and services of Madjitil Moorna Inc., unless you actively opt out of receiving such communication.

3.3. By setting up an Account, you authorise us to contact you about important changes or updates to your Account by phone or email.

3.4. When accessing the Membership Services, you will not do or attempt to do any of the following:

3.4.1. Gain unauthorised access to any part of the Koorlong Moort members area of the Website or any other system, network or server connected to the members area or any content, information, material or documentation contained thereon, including by hacking or any other means.

3.4.2. Use the Koorlong Moort members area to obtain, trace or exploit the information, including personal information, of any Members or user connected to the site

3.4.3. Breach or circumvent any security or authentication measures on the Website or any other system network or server connected to the members’ area

3.4.4. Use any software, process or other means to interfere with the working of the members’ area in any way.

3.4.5. Use the members area for any purpose that is illegal or breaches these Terms of Use.

4.     Intellectual Property Rights

4.1. You and your authorised users will not share, modify, copy, reproduce, resell, republish or display any content (including photographs, music and video material) from the Koorlong Moort members area, and represent it as your own, upload to a third party, post, transmit or distribute this content in any way, except if authorised in writing by us or as outlined on our Frequently asked Questions and/or Cultural Considerations page.

4.2. When using the resources from this website please acknowledge Koorlong Moort and Madjitil Moorna Inc.

4.3. All content and other materials available on the Koorlong Moort members area are owned by or licensed by Us and are protected by Australian Intellectual Property rights.  You agree to abide by all copyright notices and other restrictions contained in, or accessed through the Koorlong Moort members’ area.

5.  Terms of trade

5.1. Nothing in these Terms of Use limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2. Subject to this clause, and to the extent permitted by law:

5.2.1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms of Use are excluded; and

5.2.2. Madjitil Moorna Inc will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Membership Services or these Terms of Use (including as a result of not being able to use the Membership Services or the late supply of the Membership Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3. Use of the Website and the Membership Services is at your own risk. Everything on the Website and the Membership Services is provided to you "as is" and "as available". None of the affiliates, directors, officers, employees, agents, contributors and licensors of Madjitil Moorna Inc make any express or implied representation or warranty about the Membership Services or any products or services referred to on the Website,

5.4. We will not be liable to you for indirect, consequential or special damages resulting from the use of the Koorlong Moort members’ area, including the loss of revenue or anticipated profits, loss of goodwill, loss of business or loss of data.

5.5. Force Majeure: We will not be liable for any failure to deliver the Membership Serviceswhere such a failure is as a result of an act of terrorism, an act of God, disease, epidemic, pandemic, strike, lockout or other interference with work, war (declared or undeclared), blockade, disturbance, lighting, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint. expropriation, prohibitions, intervention, direction or embargo, unavailability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, authorities or allocations, and any other cause, whether of the kind specifically enumerated above or otherwise that is not reasonably within our control.

5.6. Where the Membership Services are temporarily unavailable due to a technical fault or other failure within our control, we may extend your Subscription Period for a period corresponding to the period during which the Membership Services were unavailable.

Nothing in this clause limits or excludes any rights or remedies available to you under the Australian Consumer Law that cannot lawfully be limited or excluded.

5.7. These Terms of Use are governed by the laws of Western Australia and in the event of any dispute arising out of your use of, or in relation to, the website, you agree to submit to the exclusive jurisdiction of the courts of Western Australia.

5.8. You agree to indemnify Madjitil Moorna Inc., its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, damages, losses and expenses of any kind (including legal costs) incurred by Madjitil Moorna Inc. in connection with your actions in accessing the Website or using the Koorlong Moort members area and/or any breach of these Terms of Use.

6. Payment and Pricing

6.1. The applicable Subscription Fee will be displayed on the Website at the time you purchase your Subscription.

6.2. Payment of the Subscription Fee provides you and your Authorised Users with access to the Membership Services for the 12-month Subscription Period.

6.3. If payment of the Subscription Fee is declined, reversed or otherwise remains unpaid, we may suspend or withhold access to the Membership Services until payment has been received.

6.4. We may vary the Subscription Fee from time to time. Any change to the Subscription Fee will not affect a Subscription that has already been purchased and will apply only to a new Subscription purchased after the change takes effect.

6.5. All prices displayed for Koorlong Moort include GST where applicable.

7. Cancellations and Refunds

7.1. Your Subscription is purchased for a fixed period of 12 months.

7.2. Subscription Fees are non-refundable if you change your mind, no longer require the Membership Services or do not use or access the Membership Services during your Subscription Period.

7.3. We do not provide refunds for unused or partially used Subscription Periods.

7.4. Nothing in this section excludes or limits any rights or remedies you may have under the Australian Consumer Law.

7.5. If the Membership Services experience a major technical fault that prevents access to the Membership Services and the fault cannot be resolved within a reasonable period, we may extend your Subscription for a period corresponding to the period during which the Membership Services were unavailable.

7.6. Where you are entitled to a refund or other remedy under the Australian Consumer Law, that remedy will be provided in accordance with your rights under that law.

8. Termination of Subscription

8.1. We may terminate the provision of the Membership Services at any time, for any reason in our sole discretion. We will notify you prior to the termination and you will be entitled to a pro-rata refund to the values of any unused Subscription Period.

8.2. We may, at any time, terminate your Subscription or cancel your Account without notice to you if you have breached any provision of the Terms of Use or any applicable law or if your conduct impacts Madjitil Moorna Inc’s name or reputation or violates the rights of those of another party or Member.

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9. General Term and conditions

9.1. We reserve the right to amend these Terms of Use from time to time. Your continued use of the Website, following such notification, represents your agreement to be bound by the terms and conditions as amended.

9.2. If any part of these Terms of Use is found to be unenforceable, the remaining parts will remain in full force and effect.

9.3. If we fail to enforce any of these terms and conditions, it will not be considered a waiver by us.

10. Support services and problem-reporting

10.1. The Koorlong admin is a small team of volunteers and contractors.  To report any problems, information or feedback please email koorlong@madjitilmoorna.org.au.

11. Disclaimer

11.1. We reserve the right to modify the content, inclusions, type and availability of any aspect of the Koorlong Moort members’ area at any time.