About the Website

Welcome to https:/www.eschools.com.au/ (the website). The Website School Ordering System (SOS) (the Service)

The Website is operated by eSchools On Line Pty Ltd (CAN 004 657 998). Access to and use of the Website, or any of its associated Products or Services, is provided by eSchools On Line Pty Ltd. Please read these terms and conditions (the Terms) carefully. Buy using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound the Terms. If you do not agree with the Terms, you must cease usage of the Website , or any Services immediately.

eSchools reserves the right to review and change any of the terms by updating this page at its sole discretion. When eSchools On Line Pty Ltd updates its Terms it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of Terms

You accept the Terms by remaining on the Website.

Access to use the Service

In order to access and use the Service you must first purchase a Licence and Maintenance Agreement.

In purchasing the Services you acknowledge and agree that it is your responsibility to ensure that the purchase is suitable for your use.

Once you have purchased the Service you will then be required to register for an account through the Website before you can access the Service.

As part of the registration process, or as part of your continued use of the Service you will be required to provide personal information about yourself (such as identification or contact details including:

(i) Preferred username

(ii) Password

You warrant that any information you give to eSchools On Line Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access of the Service from the time you have completed registration process until the period expires or you have been disabled from the Service.

Your obligation as a Member

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

(i) You will use the Service only for purposes that are permitted by:

the Terms: and

any application law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(ii) You have the sole responsibility for protecting the confidentiality of your password and /or email address. Use of your password by any other person may result in the immediate cancellation of the Service

(iii) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify eSchools On Line Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware

(iv) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purpose of eSchools On Line Pty Ltd providing the Service

(v) You will note use the Services of the Website in connection with any commercial endeavours except those that are specifically endorsed or approved eSchools On Line Pty Ltd.

(vi) You will note use the 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 email or unauthorised framing of or linking to the Website.

(vii) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Service. Appropriate legal action will be taken by eSchools On Line Pty Ltd for any illegal or unauthorised use the Website and

(viii) You acknowledge and agree that any automated use of the Website or its Services is prohibited.

We are not responsible for Viruses and you must not introduce them

While we take measures to limit and minimise exposure to viruses, bugs and similar technology threats eSchools On Line Pty Ltd do not guarantee that our websites, applications and the Service Platform will be secure or free from bugs or viruses. eSchools On Line Pty Ltd will not be liable for any loss of damage caused by a virus, system failure or other material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site or your downloading of any material or content posted on it or any Third Party Site.

You are responsible for configuring your information technology, computer programmes and platform to access our website, applications and the Service Platform. You should use your own virus protection software. You must not misuse our Services by knowingly introducing viruses, trojans, worms, ransomware, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites or applications via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Commonwealth legislation within parts 10.7 and 10.8 of the Criminal Code Act 1995. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

Payment

Where the option is given to you, you may make payment by way of:

(i) Electronic funds transfer (EFT) into our nominated bank account

(ii) Cheque (Cheque)

In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which is available on their website.

You acknowledge and agree that where a request for the payment of the Service 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 coasts, including banking fees and charges associated Services fee.

You agree and acknowledge that eSchools On Line Pty Ltd can vary the Service Fee at any time and that the varied Service Fee will come into effect following the conclusion of the existing Service Period.

Copyright and Intellectual Property

The Website, the Services and all of the related products of eSchools On Line Pty Ltd are subject to copyright. The material on the Website is protected by copyrights under the laws of Australia and through the international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but no limited to text, graphics, logs, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by eSchools On Line Pty Ltd or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by eSchools On Line Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free revocable license whilst you are a Member to:

(i) Use the Website pursuant to the Terms:

(ii) Copy and store the Website and the material contained in the Website in your device’s cache memory

eSchools On Line Pty Ltd does not grant you any other rights whatsoever in relation to the Website or Services. All other rights are expressly reserved by eSchools On Line Pty Ltd.

eSchools On Line Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) A right to use or exploit a business name, trading name, domain name, trade mark or industrial design or,

(iii) A thing, system or process that is the subject of a patent, registered design or copyright (or an adaption or modification of such a thing, system or process) to you.

You may not, without the prior written permission of eSchools On Line Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

eSchools On Line Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to eSchools On Line Pty Ltd’s Privacy Policy, which is available on the Website

General Disclaimer

Nothing in the Terms 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.

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

(i) All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded and

ii) eSchools On Line Pty Ltd will not be liable for any special, indirect or consequential loss or damage of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Term (including as a result of not being able to use the Services or the late supply of Services), whether at common law, under contract, tort (including negligence) in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind None of the affiliates, directors, officers, employees, agents, contributors and licensors of eSchools On Line Pty Ltd make any express or implied representation or warranty about the Services or any products or Services(including the products or Services of eSchools On Line Pty Ltd referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay inn operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct or theft destruction, alteration or unauthorised access to records.

(ii) The accuracy, suitability or currency or any information on the Website, the Service, or any of its Services related products (including third party material and advertisements on the Website).

(iii) Cost incurred as a result of you using the Website, the Services or any of the products of eSchools On Line Pty Ltd and

(iv) The Services or operation in respect to links which are provided for your convenience.

Limitation of liability

eSchools On Line Pty Ltd total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will note exceed the resupply of the Service to you.

You expressly understand and agree that eSchools On Line Pty Ltd, its affiliates employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory or liability. This shall include, but is not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination of Contract

The Terms will continue to apply until payment is not received to renew the Maintenance Contract or is terminated by eSchools On Line Pty Ltd.

eSchools On Line Pty Ltd may at any time, terminate the Terms with you if:

(i) you do not renew the Maintenance Contract at the end of the contract period

(ii) you have breached any provision of the Terms or intend to breach any provision

(iii) eSchools On Line Pty Ltd is required to do so by law

(iv) the provision of the Services to you by eSchools On Line Pty Ltd is, in the opinion of eSchools On Line Pty Ltd no longer commercially viable.

(c) Subject to local applicable laws, eSchools On Line Pty Ltd reserves the right to discontinue of cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impact eSchools On Line Pty Ltd name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify eSchools On Line Pty Ltd its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) All actions, suites, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on full indemnity basis) incurred, suffered or arising out of or in connection with your content:

(ii) Any direct or indirect consequences or you accessing or transacting on the Website or attempts to do so: and/or

(iii) Any breach of the Terms.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (Notice) by that other party, the parities to the Terms (Parties) must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(ii) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties mush either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated the mediation.

(iv) The mediation will be held in Melbourne. Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with the dispute resolution clause are confidential and to the extend possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, wither Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by eSchools On Line Pty Ltd is intended to be viewed by residents of Australia in the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatsoever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict or law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power of general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.