Website Terms of Use for Schools

These Terms govern your use of this Website and form a binding contractual agreement between you (a School) and us (Sustainability Victoria, the owner and operator of the Website).

These Terms are important and you should read them carefully. If you have any questions about these Terms, please contact us on schools@sustainability.vic.gov.au before you use the Website.

These Terms include our privacy statementcopyright statement and disclaimer.

By using the Website you acknowledge and agree to be bound by these Terms. If you do not agree to the Terms, you are not authorised to use the Website.

1. Definitions

Confidential Information means all confidential, non-public or proprietary information about either you or us, regardless of how the information is stored or delivered, exchanged between you and us. Confidential Information does not include:

  1. any information that is uploaded to the Website by you and subsequently de-identified by us;
  2. any Public Content; and
  3. information which is or becomes generally available to the public (other than as a result of a breach of these Terms)

Consortium means any entity engaged by us to implement ResourceSmart Schools, including by making facilitators and assessors available to assist you to participate in ResourceSmart Schools and its consortium partners, contractors, agents and employees.

Content means any material (including without limitation comments, text, images, audio material, video material and audio-visual material, information and data) which is uploaded to the Website.

Copyright Act means the Copyright Act 1968 (Cth).

Intellectual Property includes (without limitation) patent, know-how, copyright, design, semiconductor or circuit layout rights, trade mark, service mark, trade secret, data, Confidential Information, business or company names or other proprietary rights and any rights to registration of such rights, whether created before or after the date of this Contract, and whether protected under common law or statute.

ISP means an internet service provider in Australia.

ISP Services means internet services.

Losses means all direct, indirect or consequential liabilities, losses, damages, claims, actions, proceedings, costs and expenses, (including legal fees) however arising.

Make Public Option means any check box described as such on certain pages of the Website where you can upload material or information.

Personal Information means recorded information or opinion, whether true or not, about a natural person whose identity is or can reasonably be ascertained from the information or opinion.

Private Content means all Content uploaded to the Website by you where you select the Private Content Option.

Private Content Option means any check box described as such on certain pages of the Website where you can upload material or information.

Public Content means any Content uploaded to the Website by you where you select either the Make Public Option or the Share With Schools Option.

ResourceSmart Schools means the ResourceSmart Australian Sustainable Schools Initiative Victoria run by us.

School means any Victorian early childhood centre, primary school or secondary school, including government, independent or catholic schools, registered with the Department of Education and Early Childhood Development.

Share With Schools Option means any check box described as such on certain pages of the Website where you can upload material or information.

Terms means these Terms of Use.

School Account means the ResourceSmart Schools account opened by you in order for you to have access to this Website.

Website means this Website.

2. Eligibility to use this Website

  1. You may not use this Website or to participate in ResourceSmart Schools unless you:
    1. Have entered into a written agreement with a Consortium;
    2. Have been issued with a School Account by us or a Consortium; and
    3. Agree to these Terms.
  2. You warrant that all information provided by you to us or a Consortium (as the case may be) at the time that your School Account was registered is accurate and that you will keep that information up to to date by making any necessary changes to such information on the Website.

3 Use of the Website

  1. You agree to comply with our reasonable directions from time to time in relation to your access to or use of the Website.
  2. You agree to use the Website and participate in ResourceSmart Schools in good faith, and to, at all times, comply with these Terms and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Website and your participation in ResourceSmart Schools.
  3. You acknowledge that you have read, understood, and will comply with, the User Guide for Schools as published on the Website from time to time.

4. Uploading Options

Without limitation to the licences given under clauses 8 and 9, you acknowledge that when you upload Content and you select the:

  1. Private Content Option, the Content uploaded may be able to be viewed by you, us and Consortia in accordance with the terms of clause 9.
  2. Share With Schools Option, the Content uploaded may be able to be viewed by you, us, Consortia and any other School participating in ResourceSmart Schools in accordance with the terms of clause 8.
  3. Make Public Option, the Content uploaded may be published on the public ResourceSmart Schools website and consequently viewed by the public at large in accordance with the terms of clause 8.

5. Allowing students, staff, parents and guardians to access your School Account

  1. You may issue a new username and password for access to your School Account to current students, their parents or guardians, or staff at your School solely for the purpose of accessing your School Account to facilitate your participation in ResourceSmart Schools.
  2. You agree to notify us if you have reason to believe that any username or password for access to your School Account may have been disclosed, other than in accordance with these Terms.
  3. You agree that by issuing a new username and password for access to your School Account, you are allowing the recipient of the password to act as your agent and, as such, you are fully responsible and liable for all actions taken by that agent in connection with the Website, these Terms, or ResourceSmart Schools generally.

6. Internet Access

  1. To use and access the Website, you must have access to an account for the provision of ISP Services with an ISP in Australia.
  2. Your ISP (and not us) is responsible for the provision of ISP Services pursuant to any agreement between you and that ISP in respect of those ISP Services. You are responsible, and are solely liable, for any account charges or other costs incurred in relation to the ISP Services.

7. Restriction on use

  1. Restrictions. You may not:
    1. use the Website or ResourceSmart Schools for any purpose other than as permitted by these Terms;
    2. remove or tamper with any copyright notices on the Website, in Content or in other materials provided to or accessed by you in connection with ResourceSmart Schools;
    3. disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from the Website (except to the extent permitted by Division 4A of Part III of the Copyright Act);
    4. copy or download, in a systematic manner, any content, graphics, video, text or animation from the Website, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation, other than as expressly provided for in these Terms; or
    5. incorporate the Website in any product to be made available commercially (unless we expressly agree otherwise with you).
  2. Disruption. You may not, directly or indirectly, introduce or permit the introduction of, any spyware, virus, worm, trojan, keystroke logger, rootkit or other malicious code into the Website, or in any other manner whatsoever which may corrupt, degrade or disrupt the Website.
  3. Unlawful, unauthorised or dangerous use. You may not use the Website:
    1. to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website, without our express written consent;
    2. in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
    3. to engage in any activity which breaches any law or infringes or interferes with our or a third party’s rights (including Intellectual Property rights);
    4. in any way that impersonates or falsely represents any person;
    5. in any way that is defamatory, obscene, offensive, misleading, deceptive or illegal;
    6. in any way that uses insulting, provocative, hateful language or is otherwise abusive, harassing or threatening of others;
    7. in any way that constitutes resale or other commercial use of the Website or Content (other than Content which is uploaded by you);
    8. to transmit or send unsolicited commercial communications or; for any purposes related to marketing without our express written consent; or
    9. in any way that would bring us, the Victorian government, the Website, ResourceSmart Schools, a Consortium or another School into disrepute.

8. Public Content

  1. You agree that all Public Content is, and will be, treated by us as non-confidential.
  2. We reserve the right to edit or remove, or refuse to publish, any Public Content.
  3. You grant to us and our sub-licensees a worldwide, irrevocable, non-exclusive, royalty-free, perpetual licence to use, reproduce, adapt, publish, translate and distribute your Public Content in any existing or future media solely for educational purposes within Schools or for any purpose consistent with our general objectives but not for any commercial purpose.
  4. We expressly disclaim any liability for any Losses, misuse or alteration of your Public Content by any third-party, including our sub-licensees. In particular, we expressly disclaim any liability for any Losses or diminution of any Intellectual Property rights that you currently own or may be able to obtain in relation to any Public Content.

9. Private Content

  1. We reserve the right to edit or remove, or refuse to publish, any Private Content.
  2. You grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to de-identify and then use, reproduce, modify, adapt, sub-licence and communicate all Private Content (excluding any Confidential Information):
    1. to enable us to deliver ResourceSmart Schools;
    2. to enable us (or third parties) to perform statistical analysis relevant to ResourceSmart Schools or our functions and objectives; and
    3. to enable us to report to government or other parties that support education in Victoria.

10. Content uploaded by others

We grant you a worldwide, revocable, non-exclusive, royalty-free licence to use, reproduce, modify, publish, translate and distribute Content for non-commercial educational purposes within Schools only and not for any other purpose.

11. Intellectual Property

  1. For all Content uploaded to the Website by you, you warrant that:
    1. You own all of the copyright and Intellectual Property in the Content; or
    2. Where such Content includes material in which the copyright or Intellectual Property is owned by another person or entity, you have obtained all necessary permissions, authorisations, licences and consents required for the use of such materials consistent with these Terms.
  2. You and we agree that the copyright and Intellectual Property in the Content uploaded by you will vest in and remain your property (subject to the rights of any third party), and will not vest in us or any other party solely as a result of the publication of that Content on the Website or the operation of section 177 of the Copyright Act.
  3. If you have any moral rights (or similar rights) in respect of Content uploaded by you, you consent to us and all other persons using such Content from time to time in a manner consistent with any licences given to us by you in respect of your Intellectual Property, even if that use is contrary to those moral rights, including making material alterations to such Content and exploiting it with or without attribution. Immediately on such moral rights beginning to exist, you waive those rights in perpetuity, to the maximum extent permitted by law. If any other person has moral rights in respect of any Content uploaded by you, you warrant that they agree to waive those rights in perpetuity.

12. Privacy

  1. You will, and will ensure that your employees, agents, officers and subcontractors, comply with the Information Privacy Act 2000 (Vic), our privacy statement and any other applicable laws and codes dealing with privacy, in relation to any Personal Information collected, used or stored in connection with these Terms or ResourceSmart Schools.
  2. You agree that we may contact you to seek information or comments about ResourceSmart Schools.
  3. You warrant that you have obtained consent to disclose Personal Information prior to uploading any Content to the Website:
    1. from any living person or entity whose image or identifying description may appear in such Content; and
    2. in relation to any real or personal property the image of which, or identifying description of which, is contained in such Content, from the owner of that property.

13. Confidentiality

You agree that both you and we will keep one another’s Confidential Information confidential unless either you or we:

a.  consent in writing to the other disclosing such Confidential Information; or
b.  are required by law to disclose such Confidential Information.

14. Liability

  1. You agree that you are fully responsible for the Content submitted to the Website using your School Account. To the full extent permitted by law, we exclude all responsibility and liability which may arise from the posting, transmission or use of any unlawful information or Content submitted by you or by using your School Account (even if moderated or edited by us).
  2. You indemnify and will at all times keep us and our sub-licensees, officers, employees, contractors and agents indemnified against any Losses arising out of or otherwise in connection with:
    1. any breach of these Terms by you.
    2. any claim by a third party arising directly or indirectly out of or in connection with your access to or use of the Website or ResourceSmart Schools.
  3. We are not liable for any Losses suffered or incurred by any person:
    1. in connection with or in any way relating to the Website or ResourceSmart Schools;
    2. in connection with any disruption to or unavailability or failure of the Website or any part of ResourceSmart Schools or interference with or damage to computer systems or other electronic devices;
    3. in connection with errors, omissions or inaccuracies contained in any information published on the Website, either by us or a third party, or supplied by us to you;
    4. as a result of any fraudulent use, misuse or misappropriation of the Website by you or a third party; or
    5. as a result of any act committed by another person in connection with the Website or ResourceSmart Schools;
    6. arising from any circumstance beyond our control; or
    7. otherwise under or in connection with these Terms.
  4. You acknowledge that Consortia are independent of us and do not act as our representatives or agents. We expressly disclaim any liability for any Losses occurring as a result of any act or omission of a Consortium.

15. Termination

  1. Where you have breached any provision of these Terms, and without prejudice to any other rights or remedies, we may immediately terminate these Terms or your participation in ResourceSmart Schools, without any liability to you. This will include termination of your School Account.
  2. We may terminate your access to and use of your School Account without cause by giving you 14 days prior written notice.
  3. You may terminate these Terms by closing your School Account at any time.
  4. Clauses 7, 8, 9, 10, 11, 12, 13, 14 and 16 survive termination of these Terms.

16. General

  1. Unless otherwise stated on the Website or provided for in these Terms, we or our licensors own the Intellectual Property rights in the Website and Content. Subject to the licences provided in these Terms, all of these Intellectual Property rights are reserved.
  2. Assignment. You may not assign your rights under these Terms, or attempt or purport to do so, without our prior written consent (which may be given or withheld at our absolute discretion).
  3. Governing law. These Terms are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State.
  4. Severability. If any provision, or part of a provision, of these Terms is found to be illegal or unenforceable it will be severed from this agreement, and the remainder of these Terms will be construed as if that provision or part did not form part of these Terms. The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between us and you.
  5. Variation. We may amend these Terms in our discretion. Where we consider that the amendment is likely to:
    a.  benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms on the Website;
    b.  have a significant detrimental impact on you, we will make the change after we have notified you of the change (by any reasonable means, at our discretion) and will display a notice on the Website describing the change.
    Your continued use of the Website after an amendment to these Terms has occurred will mean that you agree to that amendment.
  6. Entire agreement. Except where expressly provided for in these Terms, these Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).