Terms and Conditions of Use

Welcome to the website and online products and services of EdScreening Pty Limited (ABN 98 645 791 859) (the Company). In these terms, “us”, “we” and “our” means the Company.

These are the terms on which we permit users (referred to as ‘you’ or ‘your’) to: (a) access and use our website including any subdomains and apps (Website), and our products and services(Services) and functionality made available through the Website; (b) view and interact with any content, information, communications, text or other material provided by us; (c) upload content, including personal information, text or other material to the Website; and (d) communicate with the Company.

You agree to be bound by these terms, conditions, notices and disclaimers including any product specific terms and conditions posted on our Website from time to time and our Privacy Policy (the Terms), when you use, browse or access any part of our Website and/or the Services.

The Company regularly reviews its Website and may from time to time make changes to the Terms. Any changes to the Terms take immediate effect from the date of their publication on the Website. When you (or your organisation) purchase a licence to use our Services we enter additional terms at the time of purchase (Terms of Purchase). The Terms of Purchase and these Terms govern access to our Website and Services for users operating under a school, institution or organisation licence. Additional terms may also apply to users who purchase an individual licence to access the Services. Any such terms will be made available on our Website and/or at the point of purchase.

Services

Our Services include but are not limited to online screening products and services. These Terms apply to all users, regardless of whether a licence to access the Services has been purchased by an organisation, school or individual.

Using the Services

You agree to use the Website and the Services only for the purposes that are permitted by these Terms and any applicable law or regulation. You must not use the Services and/or the Website for any commercial purpose.

Accessing the Services

To access our Services, you must: (i) purchase a licence for a Service from the Company; or (ii) be authorised to access the Services by an organisation which has purchased a licence from the Company.

A user who wishes to access the Services, whether under an organisation licence, or as an individual, must register with us and activate their account. A user must not grant or facilitate access to, or authorise any person to access, the Services unless authorised by us in writing to do so. Organisations which purchase a licence may grant access to users within their organisation in accordance with the Terms and Terms of Purchase.

You cannot use the Services if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you purport to use the Services. Our  Privacy Policy  explains the personal information we collect and how we protect and use personal information. You agree that, by using the Website or Services, you have read the Privacy Policy, understood its contents and consented to its requirements.

You must not upload or provide any personal Information of another individual to the Website or Services unless you have their consent to provide such personal information.

Disclaimer Our Services do not diagnose and should not be viewed as or relied upon as a diagnosis of any condition. Nor should our Services be used to rule-out the diagnosis of any condition.

Copyright and Intellectual Property

The Website and the Services, including the content available to the public without a paid licence, are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) and all rights in and to the Services are owned or controlled for these purposes by the Company or its contributors.

All trade marks, service marks and trade names are owned, registered and/or licensed by the Company, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence to: (i) use the Website and the Services pursuant to the Terms and the Terms of Purchase; and (ii) copy and store the Website and the material contained in the website in your device’s cache memory for the purpose of using the Website/Services pursuant to the Terms. The Company does not grant you any other rights in relation to the Website or the Services. All other rights are expressly reserved by the Company.

The Company retains all rights, title and interest in and to the Website and all Services. Nothing you do on or in relation to the Website or the Services will transfer any: (i) business name, trading name, domain name, trade mark, patent, software, registered design or copyright, or (ii) a right to use or exploit a business name, trading name, domain name, trade mark, software, or (iii) thing, system or process (including any software).

You must not, without the prior written permission of the Company: broadcast, republish, up-load to a third party, transmit, post, distribute, copy, forward, show or play in public, adapt or change in any way any aspect of the Website or the Services (including but not limited to any teaching strategies or report produced by us) for any purpose.

Privacy

By accessing our Website and/or the Services you agree to our Privacy Policy which is incorporated in these Terms.
We take your privacy seriously and all personal information provided through your use of the Website and/or Services is subject to and is handled in accordance with our Privacy Policy. You must not perform any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals.

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) the Company 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the 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 Company make any express or implied representation or warranty about the Services or any products or services referred to on the Website, including (but not restricted to) loss or damage you might suffer as a result of: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in 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; (b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of our products; or (d) the Services or their operation in respect to links which are provided for your convenience.

The Services are controlled and operated from facilities in Australia. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.

Limitation of Liability

The Company's total liability arising out of or in connection with the Website, the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that the Company, 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 of 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.

The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

Termination

The Company may, at any time, terminate these Terms (including your licence to use and access any Services) if: (a) you (or any user from your school or organisation) has breached any provision of the Terms or the Terms of Purchase; or (b) we is required by law to do so. Subject to local applicable laws, the Company reserves the right to discontinue or cancel 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 impacts our systems, processes, name or reputation or violates the rights of another party.

Indemnity

You agree to indemnify the Company, its employees, agents, contributors, third party content providers and licensors from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation legal fees and court costs) which arise out of or relate to your use of the Website and/or Services, including but not limited to: (a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms, including any breach of intellectual property rights.

Dispute Resolution

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).

A party to the Terms claiming a dispute (the Dispute) has arisen under the Terms, must give written notice (the Notice) to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute. On receipt of that Notice by the other party, the parties to the Terms (the Parties) must 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. If for any reason 21 days after the date of the Notice, the dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediations Association or the Conflict Resolution Service or his or her nominee. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation. The mediation will be held in Sydney, Australia. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence. If 30 days has elapsed after the start of the mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

Governing Law

In the event of any dispute arising out of or in relation to the Services or the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia. The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created under these Terms shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of 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 and their successors and assigns.

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.

November 2024