Terms of service.
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limitation or qualification, these Terms of Use and acknowledges that any other agreements between you and us are superseded and of no force or effect.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. In order to access the Membership Services, you must first purchase a subscription through the Website (“Subscription”) and pay the annual fee (“Subscription Fee”).
1.2. In purchasing a Subscription, you acknowledge and agree that:
1.2.1. it is your responsibility to ensure that the Subscription is suitable for your use; and
1.3.
1.3.1. you are an eligible subscriber namely a school, early years’ service or other organisation or individual authorised by the Koorlong team.; and
you will pay the Subscription Fee.
2. Account Establishment
2.1. S12 months the Membership Services
When you purchase an annual subscription, you accept the terms and conditions set out in this document as well as our privacy policy and copyright notice.
2.2.
2.3. When you purchase a Subscription you are creating an account to the membership area of the website.
2.4. As part of the registration process, or as part of your continued use of the Membership Services, you may be required to provide personal information about yourself or the individuals who will be authorised by you to use the Membership Services (such as identification or contact details).
2.5. You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
2.6. Once you have completed the registration process, you will be a registered member of the Koorlong Moort and agree to be bound by the Terms of Use. As a Member you will be granted access to the Membership Services from the time you have completed the registration process until the subscription period expires.
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 have the sole responsibility for protecting the confidentiality of your password and/or email address;
3.1.3.
Individual subscriptions - resource on this website are for your own use with your own class only. The use of your password by any other person may result in immediate cancellation of the Membership Services
Schools subscriptions - you may only share your membership login and Account details with individuals you Authorised users (i.e. those who are currently and actively working for you) and use of your password by any other person may result in the immediate cancellation of the Membership Services;
3.1.4.
Schools subscriptions - you are responsible for ensuring that individuals who no longer work for you cease accessing your Account and use of the Membership Services including by requesting us to issue updated login details for your Account;
3.1.5. use of your registration information by any other person, or by third parties, is strictly prohibited and you agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
3.1.6. your access to, and use of, the Website is limited, non-transferable and allows for the sole use of the Website by you and Your Authorised Users (school subscribers) for the purposes of accessing the Membership Services;
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 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 (including any authorised users on your account if school subscriber) 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. Notwithstanding anything contained in these terms of trade to the contrary, Madjitil Moorna Inc’s maximum liability under any order will not exceed the resupply of the service (extension of the subscription) equivalent to the time the service was not supplied
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. You may make payment of the Subscription Fee by way of:
6.1.1. Electronic funds transfer ('EFT ') to Stripe Inc.
6.2. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
6.3. You agree and acknowledge that we can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of your current annual Subscription Period.
6.4. For Koorlong Moort, all prices quoted state GST.
6.5. Pricing for the Koorlong Moort school subscription is:
6.5.1. Limited to the employees, volunteers or student teachers attached to and actively working at the member school, early years’ service or other approved organisation, unless access is approved in writing by us.
6.5.2. Payment of the prescribed fee for the Koorlong Moort members area gives the subscriber organisation access to all the materials, resources, and information published in the Koorlong Moort members area, for 12 months from the date on which the subscription is paid.
6.5.3. Small services may be granted a discount fee on application in writing stating the name of the service, the service provider, number of students/licensed places and the number of members of the organisation who would be eligible to access the subscription. The granting of a discount is at our sole discretion.
7. Cancellations
7.1. You cannot cancel your Subscription for any reason including, but not limited to:
7.1.1. Change of mind
7.1.2. Service not being used
7.2. In the event that the Koorlong Moort members area goes through a major technical fault that cannot be resolved within a reasonable time (30 business days), you may seek to have your subscription extended for a corresponding length of time.
7.3. Any refund granted for the above-mentioned circumstances, will be on a pro-rata basis equal to the period of time that the Membership Services were unavailable as determined by us.
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.