Terms & Conditions For A Plus Teacher Club
(Last updated – January 2021)
Welcome to A Plus Teacher Club [ABN 73 813 983 846] and www.aplusteacherclub.com.au, our website. We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time.
These Terms of Service (“Terms”) apply to all members or all potential members of A Plus Teacher Club. These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
You, the Subscriber must pay the Subscription Fee to A Plus Teacher Club. Upon payment of the Subscription Fee, A Plus Teacher Club grants a non-exclusive, non-transferable Licence to the Subscriber to use the Resources for the Term in accordance with the Permitted Uses and as otherwise set out in this Licence.
These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes. You should print a copy of these Terms and Conditions for future reference.
The Service – Online Membership Service
A Plus Teacher Club is a provider of premium quality, printable teaching resources – we call this the ‘Service’. Our resources are primarily distributed through www.aplusteacherclub.com.au, we call this the ‘Website’. By purchasing a membership to A Plus Teacher Club, (“Membership Services”) you are entitled to access various printable and digital teaching resources.
Things you must do before purchasing a Membership
- be 18 years old or have parental consent;
- provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;
- ensure you have adequate technology set up and internet access make use of the Membership.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that we cannot take into account your personal teaching situation or your goals or objectives when providing our Membership Services. The Materials are general in nature and we cannot guarantee that your desired outcome will be met. You are solely responsible for your own success and outcomes.
You further acknowledge and agree that there may be:
- occasional errors or omissions in the Membership Services descriptions, prices, availability and promotions;
- some Membership Services with limited places or that are limited to certain regions or groups of people;
- technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information or the availability of the Membership Services.
You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
The Membership Fee must be paid before we grant you access to the membership portal. The Membership Fee is for the minimum term of 12 months (“Minimum Term”). After the Minimum Term, your membership will roll over for a further term of 12 months, and on an annual basis thereafter (“Membership Period”).
The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.
You authorise us to:
- deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
- deduct any applicable currency conversion fees or financial service provider fees where relevant.
You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.
If You Need to Cancel Your Membership
We do not provide any refunds for Membership Fees. If you need to cancel your Membership you can cancel via the membership portal. All Memberships are automatically renewed annually. You must cancel prior to the Minimum Term of 12 months to ensure your Membership is not automatically renewed for the Membership Period.
Things you must do after purchasing our Membership Services
- maintain the confidentiality of your login and password for your account;
- not allow other people to use the Materials or your account;
- contact us by email if you have any difficulty downloading any Materials;
- not reproduce, duplicate, copy, sell, resell or exploit the or Materials in any way;
- contact us by email if you have any issues with the Membership Services and require a refund;
- seek our prior written consent before any publication of information about us; and
- in the case of a dispute keep all communications confidential.
Certain aspects of the Website may require you to register and provide information about yourself. You agree to:
- (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and
- (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
The registration processes on the Website involves a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
- (a) immediately notify A Plus Teacher Club of any unauthorised use of your password or account and any other breach of security, and
- (b) ensure that you exit from your account at the end of each session. A Plus Teacher Club cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
We encourage you to engage in our public forum. However, you must not post any of the following, which is determined at our discretion:
- any inappropriate or offensive, threatening or abusive content;
- any immoral content, including but not limited to, anything pornographic or obscene;
- any illegal content, including any content which is defamatory;
- anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
- any content that impersonates any other person or misleads us or third-parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Things we’d love you to do after purchasing your Membership
We’d love you to encourage your teacher friends to also purchase a Membership. We’d also love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at email@example.com.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website
Except as required by law, we may at any time, and without prior notice to you:
- change and update information including availability and promotions;
- change prices or descriptions of our Membership Services;
- discontinue any Membership Services.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.
If we need to cancel the Membership Services we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion, we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and provide Membership Services at any time
We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our website and services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.
Modifications to service
A Plus Teacher Club reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that A Plus Teacher Club shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that A Plus Teacher Club, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if A Plus Teacher Club believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not A Plus Teacher Club’s only remedy and A Plus Teacher Club may take any other action we reasonably deem appropriate in connection with such breach.
Dealing with advertisers and other suppliers
Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
To the fullest extent permitted by applicable law, you agree that:
- (a) A Plus Teacher Club shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and
- (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
Use of A Plus Teacher Club Resources
All articles, information and other materials presented on this Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to A Plus Teacher Club.
- You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website without A Plus Teacher Club’s written consent.
- You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
You expressly acknowledge and agree that:
The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
Your use of the Service is at your sole risk. A Plus Teacher Club has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free.
No responsibility is accepted by or on behalf of A Plus Teacher Club for any errors, omissions or inaccurate information on the Website or available through the Service.
Neither A Plus Teacher Club nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that A Plus Teacher Club endorses the website(s) and A Plus Teacher Club has no responsibility for the content of the linked website(s).
The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
A Plus Teacher Club is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from A Plus Teacher Club shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Australia and you hereby consent to this jurisdiction.
Availability of the Website
A Plus Teacher Club will endeavour to maintain uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and A Plus Teacher Club therefore accepts no liability for its unavailability. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
You agree to indemnify, defend and hold A Plus Teacher Club and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by A Plus Teacher Club.
Limitations of Liability
(a) Where the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) (“ACL”) applies to this Licence and where A Plus Teacher Club is able to limit its liability under the consumer guarantees contained in the ACT, A Plus Teacher Club’s liability for any breach of such a condition, warranty, consumer guarantee or right will (but only to the extent permitted by law) be limited (at A Plus Teacher Club’s option):-
- (i) in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods; or
- (ii) in the case of services supplied, to the supplying of the services again or the payment of the cost of having the services supplied again.
(b) Subject to clause 9(a), all conditions, warranties and rights implied by any relevant legislation other than the ACL in favour of the Subscriber or any other person are excluded (to the extent permitted by law) from this Licence. (c) Except as provided in this clause 9, and despite any implication arising from any other clause, A Plus Teacher Club will not be liable to the Subscriber or any person claiming under the Subscriber in contract or in tort (including negligence) or under statute for or in respect of any direct loss, indirect loss or Consequential Loss, damage, expense or injury suffered by the Subscriber or any other person, arising out of or in relation to the Resources or to this Licence, its performance, any delay in its performance or its non-performance (including as a result of negligence or default), or any error in information supplied to the Subscriber before, during or after expiry of the Term.
If you have any complaints about the Website, we want to hear from you so we can improve our service. Please email us at firstname.lastname@example.org. and we’ll consider your comments carefully.
Your subscription to A Plus Teacher Club is subject to these Terms and Conditions in every aspect. These additional conditions shall apply to this service:
In accordance with the general Terms and Conditions, your username and password will not be shared with anyone.
In accordance with our Copyright Terms, you will not redistribute resources and you understand that any resources you download are for your personal use only.
You agree to abide by the A Plus Teacher Club Copyright Terms.
You agree that a breach of any of the general Terms and Conditions will lead to the account being immediately suspended. It is at A Plus Teacher Club’s absolute discretion as to whether the account will be reinstated.
You agree that we will monitor your usage of the website to allow us to determine whether a violation has, or is, occurring.
Due to the nature of the subscription, refunds will not be available under any circumstance.
Members are wholly responsible for the cancellation & renewal of memberships & recurring payments. No renewal reminders will be issued. You can manage your payments, details & subscription information on your account page when you log in. You can also manage subscriptions when you log into your Paypal/Credit Card account.
IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of WA, Australia, and you and we submit to the jurisdiction of the courts of WA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Acceptable Use Policy
A Plus Teacher Club is designed to allow individual users to download from a large range of premium teaching resources for their own needs. Collectively, the resources have taken thousands of hours to create. As such, we feel that it is a violation against the Website when the terms and conditions of A Plus Teacher Club are not adhered to. A Plus Teacher Club considers that no user would reasonably need to download more than 100 resources each month and accounts exceeding this download level are subject to review.
RELIANCE ON ADVICE DISCLAIMER
We may provide information in our Materials and that may be classed as advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.
The contents of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is A Plus Teacher Club. Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of A Plus Teacher Club.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our materials, and includes any printable or digital worksheets and documents, and any other resources provided to you during your membership.
Membership Fee means the membership fee as advertised on our website from time to time.
Membership Period means annually, and then ongoing on an annual basis.
Membership Services means the A Plus Teacher Club membership and includes all Materials.
Moral Rights means any moral rights as further defined in the Copyright Act 1968.
We, us, or our means Victoria Louise Loungthorn/as A Plus Teacher Club [ABN 73 813 983 846] and includes any of our employees, agents, partners, contractors.
Website and services means www.aplusteacherclub.com.au, and everything available on this website including, but not limited to, all Membership Services.