WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
Welcome to www.teachitco.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
The Website is operated by Teach It Co Pty Ltd (ABN 93 639 451 460) t/a Teachit Co (‘Teachit Co’). Access to and use of the Website, or any of its associated Products or Services, is provided by Teachit Co. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Teachit Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Teachit Co updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website.
3. Registration to use the Purchase Services
In order to access the Purchase Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
- Business name
- Business address
- ABN
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
You warrant that any information you give to Teachit Co 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 to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Teachit Co; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
- the Terms;
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- 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 Purchase Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Teachit Co of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Teachit Co providing the Purchase Services;
- you will not use the Purchase 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;
- 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 Purchase Services. Appropriate legal action will be taken by Teachit Co for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Orders
Ordering
You can purchase the advertised Products directly through the website (subject to availability) or, if you are an officially registered educational institution (‘Educational Institution’), you may submit an order by emailing [email protected]. Your email must include:
- school name;
- delivery address (this must be the physical address of the Educational Institution);
- contact name and phone number;
- product title;
- quantity required; and
- if applicable, customisation details including ink colour (for stamp orders) and paper finish (for sticker orders).
When purchasing Products directly through the website, the option to pay by invoice only applies to Educational Institutions. If you are not an Educational Institution and you select the option to pay by invoice, the order confirmation email will contain payment details to be used to process the payment. If payment is not received by Teachit Co within 10 business days, the order will be cancelled and Teachit Co will not be liable for any resulting loss or damage.
Coupon codes must be applied to the order at the time of purchase. Teachit Co will not apply coupon codes retrospectively.
If you are required to submit a file for a custom order, the file must be submitted in one of the following formats:
- original vector file in either an AI, EPA or PDF format. If you are providing a vector file, fonts must be converted to outlines/objects; or
- JPG, PNG, GIF and TIFF format in a solid black colour (greyscale shading is not suitable) and at least 300 dpi.
Unless otherwise requested, a proof will not be provided before a Product is produced. If you would like to receive a proof, you must include a request in the comments box when placing your order. Your Product will not go into production until the proof has been approved by you.
The proofs must be approved by you within 5 business days of you receiving the proof. If Teachit Co does not receive the approval within this timeframe, Teachit Co will send one reminder email only. If you do not provide approval within 5 business days of receiving the reminder email, your order will be put on hold. Once your order has been put on hold, an administration fee of $10 + GST will be payable by you to proceed with the order.
Teachit Co cannot guarantee specific delivery and collection times. Delivery and collection dates depend on what Product You have ordered and if the Product is in stock. Please contact Teachit Co by emailing [email protected] before ordering to enquire about receiving a Product by a particular date.
If you would like to increase or combine orders, please contact us by emailing [email protected], quoting your order number. Teachit Co can only increase or combine orders if the orders have not been accepted by Teachit Co and/or left our warehouse. Teachit Co reserves the right to accept or reject any variations to your order. You cannot decrease or cancel your order once your order has been placed.
Purchase Price
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
Following payment of the Purchase Price being confirmed by Teachit Co, you will be issued with a receipt to confirm that the payment has been received and Teachit Co may record your purchase details for future use.
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), inclusive amounts.
Teachit Co reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
Payment Gateway
Payment of the Purchase Price may be made through Square, PayPal, AfterPay or any other payment gateway provider from time to time (the ‘Payment Gateway Providers‘).
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
Invoice
If you are an Educational Institution, the payment of the Purchase Price may be paid upon receipt of an invoice by Teachit Co (‘Invoice’). You agree to make payment of the Purchase Price by the due date on the Invoice and by the method prescribed on the Invoice.
In the event that any payment is not made in full on the due date, Teachit Co is entitled to charge you interest at the rate of 5% per annum, calculated daily.
You agree that if you default on any payments due and payable for your order, any costs incurred by Teachit Co for steps taken to enforce payment terms will be recoverable and payable by you.
You acknowledge and agree that Teachit Co is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
Failure to make full payment of any Invoice within 10 business days, unless otherwise agreed, will result in Teachit Co cancelling your order and will not be liable for any loss or damage resulting therefrom.
6. Teachit Co Subscriptions
Teachit Co offers the quarterly Teachit Creatively Subscription Boxes (‘Subscription Boxes’) and Teachit Co sticker club subscription (‘Sticker Club’) (collectively the ‘Subscriptions’).
The Subscription’s recurring payment and term are set out on the Website (‘Subscription Term’). The minimum term for all Subscriptions is 2 months (‘Minimum Subscription Term’).
The Subscriptions include the inclusions outlined on the Website.
Teachit Co reserves the right to vary the Subscription inclusions at any time.
Subscription Fees
By purchasing a Subscription, you agree to pay Teachit Co the Subscription fees at the then-current rate as outlined on the Website (‘Subscription Fees’).
Subscription Fees are automatically billed every month, 3 months, 6 months or 12 months depending on the Subscription (‘Billing Dates’) and will be charged to the same payment process used in your initial payment. The Billing Dates are outlined on the Website.
If you cancel the Subscriptions within the Minimum Subscription Term, you will be charged the full Subscription Fees for the Minimum Subscription Term by your payment method and the Products will be dispatched to you.
If you fail to make payment of the Subscription Fee by the Billing Date, the Products for the relevant period will not be shipped.
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.
You agree that if you default on any payments due and payable under these Terms, any costs incurred by Teachit Co for steps taken to enforce payment terms will be recoverable and payable by you.
Subscription Orders and Delivery
Subscription deliveries are subject to the general delivery terms and conditions outlined in these Terms.
Subscription Refunds, Returns and Cancellation of Subscriptions
Teachit Co does not permit change of mind refunds for Subscriptions. For the sake of clarity, Teachit Co will not be liable for any dislike of Products or your change of mind regarding the subscription model once you have paid for the Subscription.
If you are unsure about committing to the Subscription model, Teachit Co recommends that you purchase a Product on a one-off basis before making your purchase.
Teachit Co will make every effort to ensure a Product, including any Product provided through a Subscription is accurately depicted on the Website, however, you acknowledge that inclusions, sizes, colours and designs may differ from what is displayed on the Website.
You can cancel the Subscriptions using your account on the Website.
Teachit Co reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny the Subscription model at any time at its sole discretion.
Subscription Disclaimer
Any information provided to you by Teachit Co regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.
Teachit Co makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.
Teachit Co will not be liable for any damage, loss or any result based on your use of Teachit Co Products.
Teachit Co Products contain goods provided by third-party suppliers. You agree that Teachit Co is in no way responsible for the quality of goods, results provided by the use of the goods or any other occurrence resulting from the use of the relevant goods. The warranties and disclaimers of the third-party suppliers apply to the goods.
7. Delivery and Collection
Dispatch Timeframes
We endeavour to process all ready-to-ship orders within 1-3 days of receipt of payment and will contact you if any items cannot be processed within this time.
Custom orders (such as custom stamps and stickers) and personalised products can take 5-7 business days to manufacture. Once dispatched, allowance needs to be made for postage in line with the postal service provider’s usual delivery timeframes. During our busier periods it is possible for order processing to take up to 2-3 weeks plus postage. If you require your products urgently, please feel free to contact us and we will discuss options.
You acknowledge that we’re not be liable for any delay in dispatch of your order.
Delivery
You acknowledge that the Purchase Services offered by Teachit Co integrate delivery (the ‘Delivery Services‘) through the use of third-party delivery companies (the ‘Delivery Service Providers‘).
In providing the Purchase Services, Teachit Co may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Teachit Co is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
The Products will not be dispatched until Teachit Co receives the full Purchase Price or Subscription Fees, unless Teachit Co decides otherwise.
The Subscription Boxes are dispatched from Teachit Co in the second week of every quarter (January, April, July and October).
If you place an order as an Educational Institution, Products will only be delivered to the physical address of the Educational Institution.
Delivery Address
It’s your responsibility to make sure that your postal address details are correct – we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details.
If your order is undelivered due to your error (including you providing us with an incorrect delivery address) and returned to us, we will require you to reimburse us for the returned parcel fee. At that stage, for ready-to-ship orders, we reserve the right to terminate this agreement and issue you with a refund (minus the returned parcel fee). Alternatively, and always for returned customised products, we may require you to repay the additional postage costs of posting the order to your correct address.
Orders Lost in Transit
When we dispatch your order, we will give you a tracking number for you to track the progress of your order.
If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
Orders Damaged in Transit
No matter how well we pack our products, occasionally they may get damaged in transit. On the rare occasion that this happens, please advise us in writing within 7 days of receipt of the damaged item(s), including photographs of the damage so that we can discuss options with you. Please email photographs to [email protected]. Once we have confirmed the damage, we will promptly arrange a replacement to be sent. Please allow the usual timeframe for another product to be dispatched and delivered to you.
In the event that an item is lost or damaged in the course of the Delivery Services, Teachit Co asks that you:
- contact the Delivery Service Provider directly to request a refund; and
- contact Teachit Co by sending an email to [email protected] outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.
Collection
You may collect your order from Padstow NSW 2211 if you selected the “Click & Collect” option when placing your order.
Once your order is complete, Teachit Co will send you an email with pick up location and a request to book a suitable time to pick up your order.
Collection is only available Monday to Friday from 10.00am – 4.00pm and by appointment only.
8. Use of Products
By purchasing a Product from Teachit Co, you agree to carefully read and follow the instructions of use provided and use the Product only for the intended purpose.
If you gift a Product, you will ensure that the recipient of the gift receives the instructions for use included with each Product.
Self-inking Stamps
Teachit Co supplies TRODAT self-inking stamps which include a built-in, water-soluble ink pad that can be refilled by you (‘Self-inking Stamps’). The TRODAT Self-inking Stamps are a spring loaded, all in one machine that have a twisting mechanism that rotates the rubber die to press against the ink pad.
Self-inking Stamps are not recommended for glossy and other non-porous surfaces.
The instructions below must be followed when re-filling Self-inking Stamps
- remove the ink pad from the stamp unit;
- squeeze the ink refill into the ink pad;
- leave the ink pad undisturbed on a flat surface for 15 minutes; and
- insert the ink pad back into the Self-Inking Stamp.
Repeat this process gradually until the Self-inking Stamp is sufficiently re-filled to avoid over-inking your stamp.
Pre-inked Stamps
Teachit Co’s pre-inked stamps are filled with oil-based ink (‘Pre-inked Stamps’). The Pre-Inked Stamps work by having a porous gel-like rubber die on the bottom of the stamp that allows ink to flow through the die before an impression is made. The ink is kept in a reservoir located in the spongey text dies.
Pre-inked Stamps are not recommended for glossy and other-non porous surfaces. To enjoy best use, the mechanism needs to be pressed gently rather than stamped quickly.
The instructions below must be followed when re-filling Pre-inked Stamps:
- remove the handle off the stamp;
- squeeze a 3-5 drops of Teachit Co’s pre-inked ink refill into the ink reservoir (depending on the size of the stamp and the design); and
- allow 30 minutes for the ink to absorb through the stamp; and
- put the stamp handle back on.
Fabric Name Stamp
The Teachit Co fabric name stamp (‘Fabric Name Stamp’) uses a special non-toxic ink developed for application on tightly woven fabrics such as cotton or linen. The Fabric Name Stamp is not suitable on synthetic materials, loose weave fabrics, furry fabrics or any similar fabrics. Bleeding may occur on fabrics with bigger weaving.
Before using the Fabric Name Stamp, the fabric must be prepared by pre-washing the fabric to remove starch, conditioners or glue that may prevent absorption of the fabric ink.
When you are ready to use the Fabric Name Stamp, the instructions below must be followed:
- test the Fabric Name Stamp on a piece of scrap paper before each use to ensure there is no excess ink;
- stamp on a flat and hard surface.
- close the stamp lid after each use to avoid stamp drying out;
- avoid exposing the Fabric Name Stamp to heat and store in a dry and cool place.
All fabrics that contain a Fabric Name Stamp ink impression must not be washed in a cycle for longer than approximately 50 minutes and in no higher water temperature than 30 degrees Celsius. You must not use a stain remover when washing the fabrics, otherwise the ink impression will fade.
Impressions made by the Fabric Name Stamp can last up to 50 washes on suitable materials before the impressions start to fade. Impressions can be re-stamped when fading occurs.
Self-Inking Fabric Stamp
When you are ready to use the Self-inking Fabric Name Stamp, the instructions below must be followed:
- insert the ink pad and stamp clothing item
- wait at least 5-10 minutes for the ink to dry before use
- stamp on a flat and hard surface for an even stamp impression
When you are not using the Self-inking Fabric Name Stamp, you must:
- remove the ink pad from stamp and put clear lid back on;
- avoid exposing the ink pad to heat and store in a dry and cool place.
9. Refund and Returns Policy
Teachit Co does not provide refunds for any Products. For example, a refund will not be provided for:
- sale items, for any reason;
- change of mind;
- cancelling a Subscription after the Purchase Price has been paid;
- late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
- denied acceptance of delivery by receiver;
- inaccurate delivery address;
- absent receiver – If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Teachit Co for a return fee charged to the initial payment method.
If you have received the incorrect Product, Teachit Co will provide a refund on the return of the Product. To request a refund and organise a return for this reason please e-mail [email protected] and provide your proof of purchase and photographs of the Product you have received within 5 business days of receipt. The returned Product must be returned to Teachit Co unopened, and its original saleable condition.
10. Cancellation of Orders
Once payment for an order has been accepted, cancellation is at the discretion of Teachit Co. If you wish to cancel your order, please contact Teachit Co immediately on [email protected].
Cancellation of orders must be made within 1 hour of the time of order. A cancellation fee of $10.00 plus GST will be payable.
Where a Product has been listed at an incorrect price, or has incorrect written information or images, Teachit Co reserves the right to cancel a transaction. The purchase amount will be refunded via the payment method used for the initial purchase.
11. Warranty
Teachit Co’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
When refilling your Trodat® Self-inking or Teachit Co® Pre-inked Stamps, you must not change the ink colour as ink formulas for each colour are different and do not mix well. Teachit Co is not responsible for any defects that occur as a result of mixing the ink colours of Self-inking or Pre-inked Stamps.
Teachit Co warrants to the original purchaser, that Trodat® or Teachit Co® stamps, when purchased in its original packaging through our website, and when used in accordance with any instructions and recommendations in documentation accompanying the product, will be free of defects in material and workmanship that existed at the time of such purchase. The warranty period is 12 months from the date of the original purchase of the product in its original packaging. We cannot honour warranty claims for any defects caused by mis-use of your product.
If such defects arises and a valid claim is received by Teachit Co within the warranty period, Teachit Co will:
a) repair the product at no charge, using new or refurbished replacement parts, or
b) exchange the product for a product that is new or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product.
If you have received a Product that you believe is faulty or defective, please complete our online form with photographic proof and a description of the defect(s) within 14 days of receiving the Product.
Once the claim has been acknowledged by Teachit Co you will be advised to return the product to:
Teachit Co – PO Box 19 Padstow NSW 2211
You are liable for all shipping costs incurred when returning the Product back to Teachit Co.
If, after assessing the Product, Teachit Co determines that the Product is faulty or defective, you will be reimbursed for the shipping costs incurred when returning the Product.
If, after assessing the Product, Teachit Co determines that the Product is not faulty or defective, you will be liable for all shipping costs incurred if you instruct Teachit Co to ship the Product back to You.
12. Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Teachit Co are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Teachit Co or its contributors.
Teachit Co retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Teachit Co; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Teachit Co 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
13. Privacy
Teachit Co takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Teachit Co’s Privacy Policy found on the Website.
14. Mailing List
While using the Website, you will be given the opportunity to sign up for the Teachit Co’s Mailing List. If you choose to sign up for this service you agree to receive promotional materials, updates and other content from Teachit Co via e-mail.
You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing [email protected].
15. General Disclaimer
You acknowledge that Teachit Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Teachit Co will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.
Product longevity is dependent on how You store, handle and use the Product.
You are responsible for replacing any items that are required to use the Product. For example, you are required to replace the ink for stamps.
Nothing in these 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:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Teachit Co 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of Teachit Co is at your own risk. Everything on the Website, the Purchase Services, and the Products of Teachit Co, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Teachit Co make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Teachit Co) 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:
- 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;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
- the Content or operation in respect to links which are provided for the User’s convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
16. Limitation of Liability
Teachit Co’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Teachit Co is the resupply of information or Purchase Services to you.
You expressly understand and agree that Teachit Co’s, its affiliates, employees, agents, contributors, third party content providers 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.
Teachit Co is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Teachit Co, by third parties or by any of the Purchase Services offered by Teachit Co.
17. Termination of Contract
The Terms will continue to apply until terminated by either you or by Teachit Co as set out below.
If you want to terminate the Terms, you may do so by:
- notifying Teachit Co at any time; and
- closing your accounts for all of the Purchase Services which you use, where Teachit Co has made this option available to you.
Your notice should be sent, in writing, to Teachit Co by emailing [email protected].
Teachit Co may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Teachit Co is required to do so by law;
- the partner with whom Teachit Co offered the Purchase Services to you has terminated its relationship with Teachit Co or ceased to offer the Purchase Services to you;
- Teachit Co is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
- the provision of the Purchase Services to you by Teachit Co is, in the opinion of Teachit Co, no longer commercially viable.
Subject to local applicable laws, Teachit Co reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Teachit Co’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Teachit Co have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
18. Indemnity
You agree to indemnify Teachit Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
19. Venue and Jurisdiction
The Purchase Services offered by Teachit Co 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 New South Wales, Australia.
20. Governing Law
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 hereby 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 hereto and their successors and assigns.
21. 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 or general grounds of restraint of trade.
22. 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.
This document was last updated: 28 December 2023
