INTRODUCTION

The Company provides the EduPlus online application for conducting educational assessments. Use of EduPlus is subject to these Terms of Service.

Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

  1. ABN means Australian Business Number.
  2. Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
  3. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
  4. Company means EduPlus Pty Ltd ABN 83 611 669 651.
  5. Corporations Act means the Corporations Act 2001 (Cth).
  6. Educator means an organisation that uses EduPlus as an Educator and is responsible for each Teacher and Student authorised by the Educator.
  7. Educator Agreement means any Educator Services Agreement, or other agreement that grants the Educator a licence to use EduPlus as an Educator, between the Educator and the Company.
  8. EduPlus means:
    1. The EduPlus digital platform accessible from http://demo.eduplus.net.au; and/or
    2. Any EduPlus mobile application.
  9. Fee means a fee charged by the Company for use of EduPlus.
  10. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  11. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
  12. Intellectual Property Rights means, for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
  13. Privacy Act means the Privacy Act 1988 (Cth).
  14. Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at https://eduplus.net.au/privacy-policy/.
  15. Question means a question, problem, writing brief or puzzle in a Quiz.
  16. Quiz means a set of Questions constituted in a questionnaire, quiz, test or assessment deployed via EduPlus.
  17. Rules of Conduct means any additional rules for conduct that apply to a User’s use of EduPlus required by the Educator, including any specific agreement between a User and the Educator.
  18. Student means a user that uses the features of EduPlus associated with a registered Student account, authorized by an Educator.
  19. Licence means EduPlus Licence provided to the Educator subject to an Educator Agreement.
  20. Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  21. Teacher means a teacher or instructor that uses the features of EduPlus associated with a registered Teacher account, authorized by an Educator.
  22. Terms of Service means the terms and conditions of using EduPlus, as updated from time-to-time, which can be found at https://eduplus.net.au/terms.
  23. User means any registered Educator, Teacher or Student that uses EduPlus.
  24. User Content means images, information, documents or other data that is uploaded or input into EduPlus by the User or that forms part of the User’s Intellectual Property.

  1. USING EduPlus
    1. General
      1. To use EduPlus, the User must log into EduPlus and have set up their account.
      2. The User agrees that all use of EduPlus is subject to these Terms of Service.
      3. The Educator shall be responsible for:
        1. Paying the Fees for using EduPlus; and
        2. Each Student and Teacher’s use of EduPlus that the Educator authorises.
      4. The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
      5. Users under the age of 18 years must not use EduPlus without their parent or legal guardian’s consent.


  2. LICENCE & USE
    1. Licence
      1. The Educator subscribes for, and the Company grants the Educator, a Licence to access EduPlus for both the Educator and its Users, subject to the terms of this Agreement and any Educator Agreement.
      2. Each Educator Agreement shall determine the extent of the Educator’s Licence and any other inclusions as shall apply to the Educator and its Users.

    2. User Access
      1. EduPlus shall be accessible to Users authorized by the Educator, subject to the Educator’s ongoing Licence.
      2. To use EduPlus, the User agrees to the terms of:
        1. This Agreement;
        2. The Privacy Policy; and
        3. Any Rules of Conduct that may apply between the Educator and each User authorised by the Educator.
      3. The User must immediately cease to use EduPlus if the User can no longer agree or adhere to clause (c).
      4. The User agrees to use EduPlus in accordance with any instructions provided by the Company, within EduPlus and/or on https://eduplus.net.au/terms/.

    3. Using EduPlus
      1. EduPlus shall enable a Student to:
        1. Complete Quizes by answering Questions;
        2. View the results of Quizes they have completed; and
        3. Such other features the Company or an Educator may enable for the Student from time-to-time.
      2. EduPlus shall enable the Educator and each Teacher to:
        1. Assign Quizes to Students;
        2. View and grade answers to Questions provided by Students;
        3. View aggregated information on Students’ answers to Questions;
        4. Receive notifications and reminders; and
        5. Such other features the Company or an Educator may enable for the Teacher from time-to-time.
      3. The Company shall create each Authorized User account on behalf of the Educator on request, in accordance with the Educator Agreement.
      4. The Company has no liability to the Educator for any use of EduPlus made by a User authorized by the Educator, including without limitation:
        1. A User that fails to comply with any Rules of Conduct;
        2. A Teacher that fails to meet their duty of care to a Student or the Educator;
        3. A Student that provides inaccurate information, fails to provide information, or does not respond to a Question or Quiz.
      5. Each User agrees that it shall only use EduPlus for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      6. Each Question accessible via EduPlus is made available subject to the Educator holding the relevant Intellectual Property Rights to make use of the Intellectual Property in those Questions.
      7. In no event will the Company be liable to a Student for the results or outcomes of the Student answering any Question or attempting a Quiz.
      8. For the avoidance of doubt, the Company does not provide education services or advice, and owes no User a duty of care as such. EduPlus is provided as an tool for conducting assessments only, and its efficacy is dependent on each User’s correct operation.
      9. The Company makes no representation as to the qualifications or credentials of any User. It is each User’s responsibility to ensure they hold any relevant qualifications necessary to make use of EduPlus, including registration as an education provider.
        Any dispute between Users relative to their use of EduPlus, must be dealt with by the relevant Educator. In no event will the Company perform a dispute resolution service in the event of a dispute between Users.

  3. General Conditions
    1. Licence
      1. By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use EduPlus for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
      2. The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use, number of Questions or Quizzes) as it sees fit.
      3. The Company may revoke or suspend the User’s licence(s) at any time:
        1. For breach of the terms and conditions in this Agreement by the User; or
        2. If the Educator Agreement is terminated for any reason.

    2. Modification of Terms
      1. The terms of this Agreement may be updated by the Company from time-to-time.
      2. Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using EduPlus.

    3. Software-as-a-Service
      1. The User agrees and accepts that EduPlus is:
        1. Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
        2. Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to EduPlus is available to the User unless expressly agreed in writing.
      2. (a) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter EduPlus.

    4. Support
      1. The Company provides user support for EduPlus via the email address #Email.
      2. The Company shall endeavour to respond to all support requests within 1 Business Day.

    5. Use & Availability
      1. The User agrees that it shall only use EduPlus for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
      2. The User is solely responsible for the security of its username and password for access to EduPlus. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its EduPlus account.
      3. The User agrees that the Company shall provide access to EduPlus to the best of its abilities, however:
        1. Access to EduPlus may be prevented by issues outside of its control; and
        2. It accepts no responsibility for ongoing access to EduPlus.

    6. Privacy
      1. The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other Educators.
      2. The Privacy Policy does not apply to how the Educator handles personal information. If necessary under the Privacy Act, it is the Educator’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
      3. EduPlus may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.

    7. Data
      1. Security. The Company takes the security of EduPlus and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
      2. Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
      3. Storage. The Company stores data on servers based in Australia according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Company may charge the User a fee to do so.
      4. Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.

    8. Intellectual Property
      1. Trademarks. The Company has moral & registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
      2. Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of EduPlus.
      3. The EduPlus Application. The User agrees and accepts that EduPlus is the Intellectual Property of the Company and the User further warrants that by using EduPlus the User will not:
        1. Copy EduPlus or the services that it provides for the User’s own commercial purposes; and
        2. Directly or indirectly copy, recreate, ecompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in EduPlus or any documentation associated with it.
      4. (a) Content. All content submitted to the Company, whether via EduPlus or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to EduPlus.

    9. Disclaimer of Third Party Services & Information
      1. The User acknowledges that EduPlus is dependent on third-party services, including but not limited to:
        1. Telecommunications services;
        2. Hosting services;
        3. Email services; and
        4. Analytics services.
      2. The User agrees that the Company shall not be responsible or liable in any way for:
        1. Interruptions to the availability of EduPlus due to third-party services; or
        2. Information contained on any linked third party website.

    10. Liability & Indemnity
      1. The User agrees that it uses EduPlus at its own risk.
      2. The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
      3. The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with EduPlus, including any breach by the User of these Terms of Service.
      4. In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use EduPlus, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
      5. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
        1. The re-supply of services or payment of the cost of re-supply of services; or
        2. The replacement or repair of goods or payment of the cost of replacement or repair.

    11. Termination
      1. Either party may terminate this Agreement by giving the other party 1 month’s written notice.
      2. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
      3. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 3.9, 3.12 and 3.13 survive termination of this Agreement.

    12. Dispute Resolution
      1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
        1. Includes or is accompanied by full and detailed particulars of the Dispute; and
        2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
      2. Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
      3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
      4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
      5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

    13. Electronic Communication, Amendment & Assignment
      1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
      2. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
      3. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
      4. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
      5. Notices must be sent to the parties’ most recent known contact details.
      6. The User may not assign or otherwise create an interest in this Agreement.
      7. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

    14. General
      1. Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
      2. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any other Agreement (including an Educator Agreement), or Special Conditions made under this Agreement, the terms of that Agreement or Special Conditions (as the case may be) shall prevail.
      3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
      4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
      5. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
      6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
      7. Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
      8. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.