| Schoolwiz Terms And Conditions |
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1. INTRODUCTION Welcome to Schoolwiz These Terms and Conditions govern the use of schoolwiz.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Schoolwiz Pty. Ltd. . Should you have any questions, please contact Schoolwiz prior accessing this website. |
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| 2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Schoolwiz reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions. |
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| 3. LIMITATION OF LIABILITY Any liability of Schoolwiz or Schoolwiz's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Schoolwiz be limited to:
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| 4. DISCLAIMER The information contained on the website is provided by Schoolwiz in good faith. To the best of Schoolwiz's knowledge, the information is accurate and current. However, Schoolwiz and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Schoolwiz's Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Schoolwiz disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Schoolwiz makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that Schoolwiz does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Schoolwiz is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Schoolwizwill not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website. |
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| 5. COPYRIGHT Copyright in the schoolwiz.com.au website is property of Schoolwiz. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Schoolwiz and third parties. This property may only be used for the purposes of browsing the schoolwiz.com.au website and acquiring goods and services of schoolwiz.com.au. |
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| 6. APPLICABLE LAW These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts. |
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| 7. INFORMATION PROVIDED BY YOU If you purchase goods and services from schoolwiz.com.au or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Schoolwiz with current, complete and accurate customer information when asked to do so by the website or an employee of Schoolwiz. |
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| 8. VIRUS WARNING All care is taken to ensure that schoolwiz.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses. |
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| 9. PRIVACY We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions:
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| 10. MEMBERSHIP A Schoolwiz member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift certificates, promotional benefits and the value therein. Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. As a Schoolwiz member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password. |
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| 11. RELEASE AND INDEMNITY You agree to waive any and all claims that you now have or may have in the future against Schoolwiz and Schoolwiz's Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Schoolwiz harmless from and against any and all claims, loss or expense that may be incurred by Schoolwiz or Schoolwiz's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Schoolwiz and Schoolwiz's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity. |
Schoolwiz Terms and Conditions Last updated on August 26, 2007 |