1.1 www.brightschool.com.au is a site operated by Intelligent Business Processing Pty Ltd (we, us or our). We are registered in Australia under company number 600 630 180.
2. Accessing the Site
2.1 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or services we provide without notice.
2.2 We will not be liable if for any reason the Site is unavailable (wholly or partly) at any time or for any period. From time to time, we may restrict access to some parts of the Site (wholly or partly).
2.3 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access to the Site through your internet connection or mobile telephone are aware of these terms, and that they comply with them.
2.4 If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (log-in information), you must treat such information as confidential and keep it secure, and you must not:
(a) disclose it to any third party.
(b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party.
(c) allow or enable a third party to freely access our Site via your log-in information.
2.6 When accessing and using the Site, you must:
(a) not attempt to undermine the security or integrity of our computing systems or networks or, where the Site is hosted by a third party, that third party’s computing systems and networks.
(b) not use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in the course of delivering the Site or impair the ability of any other user to use the Site.
(c) not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Site are hosted.
(d) not transmit, or input into the Site, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law.
(e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Site.
3. Intellectual property rights
3.1 We are the owner or the licensee of all intellectual property rights in the Site, and in the material and content published on or via the Site (including, without limitation, trade marks, patents, copyright, software, code, technology, our Site’s look and feel, brands, logos, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
3.2 You may print off copies, and download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Site.
4. Information posted
4.1 The Site is an education and communication platform for schools, sports and hobby clubs and community associations, and the information contained therein is not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to the Site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
4.2 We attempt to be as accurate as possible when we describe products and services on or via the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, information or other content available or offered on the Site are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products or services offered via the Site.
5. The Site changes
5.1 We may update the Site regularly, and may change it (wholly or partly) at any time. If the need arises, we may suspend or cease access to the Site. Any of the material provided on or via the Site may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.
6. Policies and guidelines
6.1 You shall comply with our policies and guidelines as apply from time to time.
7. Our liability
7.1 The material, content, product descriptions, standard, quality and specifications displayed on or via the Site, and any links and in relation to the products or services contained therein are provided ’as is’ and without any guarantees, conditions or warranties as to its accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Site meets the needs of your business, school, club or association (as the context permits) and is suitable for the purposes for which it is used.
7.2 To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site, products or services or in connection with the use, inability to use, or results of the use of the Site any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.3 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
7.4 Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of the Site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:
(a) in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
(b) in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.
7.5 Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00). You agree to indemnify us, our directors, officers, affiliates, employees, partners and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, as a result of, or which is directly or indirectly related to:
(a) the use of the Site any other products or services accessed via, or associated with the Site.
(c) an infringement of any rights of another.
8. Information about you
9. Viruses and hacking
9.1 You must not misuse the Site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
9.2 We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.
10. Linking to the Site
10.1 You may link to our home page, provided you obtain our prior written consent. You can request our consent by sending us an email at firstname.lastname@example.org. Any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
10.2 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
11. Links from the Site
11.1 Where the Site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein).
11.2 Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
12. Force Majeure
12.1 We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
13. Suspension and termination
13.1 You agree that we may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Site.
13.2 Cause for such suspension or termination shall include, but not be limited to:
(b) requests by law enforcement or other government agencies.
(c) discontinuance of the Site (or any part thereof).
(d) unexpected technical or security issues or problems.
13.3 You agree that all such suspensions or terminations shall be made at our sole discretion and that we shall not be liable to you or any third party for any such suspension or termination.
14. Jurisdiction and applicable law
14.2 By using the Site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums.
18. Entire agreement
19. Your concerns
19.1 If you have any concerns about material which appears on the Site, please contact email@example.com.