General Terms & Conditions
HOME > ABOUT > GENERAL TERMS & CONDITIONS
General Terms & Conditions


Terms & Conditions – Schools in Business and Speakers in Schools website(s)

1.    Terms of use

                   (a) Use of the Speakers in Schools website, and all content, functionality, features, interactive forums and noticeboards, and other applications available from time to time through the website ("services") is subject to your acceptance of these terms, which set out the basis upon which Schools in Business Incorporated (ACN 72 381 074 471) ("Schools in Business, "we" or "us"") who maintain the Speakers in Schools program permits access to the Speakers in Schools website and use of the services. 

                  (b) By visiting and/or using the website and/or the services, you agree to be bound by these terms, whether you are a "visitor" (a person browsing the website or using the services without registering an account) or a "registered user" (a person registered us as a user of certain services offered through the website, in accordance with clause 6). The terms "user" and "you" refers to a visitor or a registered user.

                   (c) For the purposes of these terms of use, "the Speakers in Schools website" or "the website" means any material in any form accessible via the URLs "http://www.speakersinschools.com.au" and "http://speakersinschools.com.au" (and including any subsidiary URLs or sub-domains), and to the contents thereof as retrieved by any other access method, or reproduced in any other place.

                  (d) By accessing and using the website and the services, you are representing to Schools in Business that you have read, understood and agree with these terms of use in full, and undertake to comply with them.  If you do not accept or agree with any part of these terms you must immediately cease and discontinue all use of the website and services, including the deletion or destruction of any copies of any of the material contained on the website that you have made, to the extent this is permitted by these terms of use. 

2.    Updates to terms of use

                   (a)  Schools in Business can in its sole discretion modify or revise these terms of use from time to time, and you agree to be bound by such modifications or revisions.  Although Schools in Business will use reasonable efforts to attempt to notify you when these terms of use are amended, you agree that Schools in Business is under no obligation to do so.

                  (b) You should periodically review the terms of use, to ensure that you are updated as to any amendments, and acknowledge that your continued access of the website and/or use of the services after these terms of use have been amended signifies your unqualified acceptance of the amended terms of use.

3.    Additional Terms and Conditions

                   (a) In order to participate in certain services, users may be notified that they are required to download software or content and/or agree to additional terms and conditions.  You acknowledge and agree that any additional terms and conditions which are applicable to the services in which you choose to participate are incorporated into, and form part of, these terms of use.

4.    Eligibility

                   (a) By using the website or the services, you warrant and represent to Schools in Business that:

                  (i)  you are 18 years of age or older;

                  (ii) any information you submit to become a registered user is truthful and accurate, and that you will ensure that the accuracy of such information is maintained as part of your registered user account; and

(iii) your use of the website or the services does not violate any applicable laws or regulations, and you will comply with all applicable laws and regulations.

5.    Term

                   (a)  These terms of use, as modified from time to time, will remain in full force and effect for so long as you are a user.

                  (b) If you are a registered user, you can terminate your registered user account in your sole discretion at any time.

                   (c) If you are a registered user, Schools in Business may terminate your user account at any time, in its sole discretion, for any reason (including no reason), and without prior notice or explanation, and without any form of liability whatsoever.

                  (d) You acknowledge that these terms of use will continue in full force and effect after you cease to be a registered user.

                  (e)  In no circumstances will any fees you have paid to Schools in Business be refunded to you, subject to clause 17.  This includes if your user account is terminated by Schools in Business, or if you choose to deregister or not to renew your user account.

6.    User accounts, registered users and fees 

                   (a)  In order to access certain services offered through the website, you may be required to create an account ("user account") and register as a user of the website ("registered user").

                  (b) When creating a user account, you must provide complete and accurate information, and may be required to re-confirm your understanding and acceptance of these terms of use.

                   (c)  You may be asked to enter into a separate agreement with Schools in Business, and/or pay certain annual subscription or once-off fees to Schools in Business to access particular services, as notified by Schools in Business including via the website ("fees").

                  (d)  If you are required to pay fees to Schools in Business for the services you wish to use, your user account is valid for only so long as your fees are duly paid.

                  (e) Schools in Business may require that you pay fees to maintain your entitlement to access certain services ("renewal fees").  If any renewal fees are not paid by you by the due date specified by Schools in Business, you will not be permitted to utilise certain services.  In this event, you will need to contact Schools in Business to pay your outstanding renewal fees and regain access to the paid services.

                   (f) You acknowledge and agree that Schools in Business reserves the right to change the amount of fees and renewal fees from time to time in its sole discretion, without prior notice to users.  Current fees and renewal fees will be as notified by Speakers in Schools from time to time, including via the website.

                  (g) Under no circumstances will Schools in Business refund or repay to you any fees or renewal fees paid by you, including if your user account or access to any services is terminated, whether by you voluntarily in accordance with clause 5(b) or by Schools in Business pursuant to its entitlements under these terms of use, including but not limited to clause 5(c).

                  (h) User accounts are personal, and are non-transferable.

7.    Password

                   (a) When creating a user account, you may be asked to choose a password, or Schools in Business may issue you with a temporary password which you must immediately changes when you first access your user account.  You are solely responsible for the activity that occurs on your user account, and must keep your user account password confidential and secure.

                  (b) You agree not to use the user account, username or password of another registered user at any time, and must not disclose your user account password to any third party.

                   (c) You must notify Schools in Business immediately if you suspect any unauthorised use of your user account or access to your password.

                  (d) You are solely responsible for any and all use of your user account, and accordingly, you are liable to Schools in Business for any losses sustained by it as a result of any unauthorised use of your user account, and you may be similarly liable to other third parties.

                  (e) For the avoidance of doubt, you acknowledge and agree that Schools in Business assumes no responsibility or liability to any party for losses caused by unauthorised use of your user account.

8.    Intellectual property

                   (a) You retain ownership of all rights (including intellectual property rights) in any text, files, images, photos, literary works, artistic works, applications or any other material ("user content") which you display, post, upload onto, publish or otherwise submit, through the website and/or the services.

                  (b) By submitting any user content on or through the website and/or the services, you grant to Schools in Business and all other users of the website a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, perform, display and distribute or otherwise use, exploit or dispose of the user content you have submitted ("licence"). 

                   (c) You irrevocably consent to the adaptation, reproduction, editing, re-titling, alteration, adding to and/or deleting from, rearrangement, transposing, translation and exploiting of the user content for any purpose and in any media (now known or developed in the future) including but not limited to the reproduction, publication, communication to the public and adaptation of the user content and any works derived from it.

                  (d) For the avoidance of doubt, you acknowledge and agree that the licence will continue in perpetuity notwithstanding the fact that you can at any time, in your sole discretion, decide to remove any user content you have submitted on or through the website or the services.

                  (e) The licence granted to Schools in Business is transferable and can be assigned or sub-licensed by Schools in Business to any third parties without your consent. The licence granted by you to other users is personal to each user, and cannot be assigned, sub-licensed or otherwise dealt with by them.

                   (f) You represent and warrant that:

                  (i) you own all the rights in and to the user content and that you have all necessary right and title to grant the licence;

                  (ii) the submission of the user content on or through the website and/or the services does not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party; and

(iii)              the user content contains nothing which is defamatory, obscene, false, misleading or deceptive and does not breach any statute or other law or regulation, including but not limited to applicable privacy or intellectual property legislation.

                  (g)        You undertake to pay all royalties, fees or any other amounts owing to any person or other third party in respect of any user content submitted by you on or through the website an d/or services.

                  (h) For the avoidance of doubt, you acknowledge and agree that you are not entitled to upload, embed, post, email, transmit, submit or otherwise make available any material through the website or the services that infringes any intellectual property rights (including, without limitation, copyright and registered or unregistered trade mark rights) or is defamatory of any party.  Speakers in Schools expressly reserve the right to immediately remove such material from the website or the services and terminate any user account of any infringing user, if applicable.

                    (i) Schools in Business retains ownership of all rights, including without limitation intellectual property rights, in the website, services and any text, files, images, photos, videos, sounds, musical works, literary works, artistic works, software, source code, applications or any other material displayed on, or otherwise incorporated into, the website and/or the services by Schools in Business ("Speakers in Schools content").

                    (j) Schools in Business grants you a revocable, non-transferable license to reproduce, display and use Speakers in Schools content, solely for your personal use and solely for the purposes of viewing the website and utilising the functionality of the services.

                   (k) Schools in Business respects the intellectual property rights of others. If you believe that your material has been copied or submitted to the website or the services in a manner that infringes your intellectual property rights (subject to the licence granted by you to other users, as detailed in clause 8(b)) above, please notify Schools in Business in writing, ensuring that your notice states the relevant details, including:

                  (i) identification of the original, and allegedly infringing material;

                  (ii) your contact information;

                  (iii) a statement that you are reporting the alleged infringement in good faith; and

                  (iv) a statement that you are the owner of the relevant intellectual property rights, or authorised by such owner to act on his/her behalf.

9.    Use

                   (a) You are granted permission to use the Speakers in Schools website and services for non-commercial and personal purposes only.  Use of the website or the services for commercial purposes, without the prior written authorisation of Schools in Business, is specifically prohibited.

                  (b) You are not permitted to reproduce, alter, summarise, compile or otherwise copy or manipulate the material on this website for any commercial purpose whatsoever. Use of any material on the website for the purpose of creating a "meta" search of information about any other aspect of the subject matter of the Speakers in Schools website (that is, by combining the information contained herein with other sources of information or by otherwise manipulating that information) is strictly prohibited.

                   (c) Schools in Business reserves the right to remove any material or content uploaded by users to the website or through any of the services which it deems to be commercial, in its sole discretion, including but not limited to unauthorised commercial advertisements or affiliate links.  Such commercial content may be removed from the website by the organisation without notice and may result in the termination of registered user accounts, if applicable.

                  (d) Users must not alter or modify any part of the website or any of the services, except as expressly authorised by these terms of use.

                  (e) Unauthorised use of the website or the services, including but not limited to collecting details of users, such as email addresses, by electronic or any other means whatsoever for the purpose of sending unsolicited email, and any other form of unauthorised solicitation, is prohibited.

                   (f) Schools in Business expressly reserves the right to take any action deemed necessary, including appropriate legal action, in respect of any prohibited user activities or other illegal or unauthorised use of the website or the services by users.

10.  Submitted Content

                   (a) Schools in Business reserves the right to reject, refuse to post/upload, or delete any user content in its sole discretion, for any reason, including user content which Schools in Business determines is contrary to these terms of use or which Schools in Business considers is offensive, illegal, infringes the rights of another party or harms or threatens the safety of another party.

                  (b) You understand and acknowledge that Schools in Business is under no obligation to monitor use of the website or the services for prohibited user content, inappropriate user content, prohibited user activities or other inappropriate conduct by users, and assumes no responsibility for (including no responsibility for modifying or removing) any user content submitted by, or conduct undertaken, by users.

                   (c) You are solely responsible for:

                  (i) all user content which you submit on or through the website or services;

                  (ii) any material or information that you transmit to other users, and for your interactions with other users generally; and

                  (iii) ensuring that all user content that you submit on or through the website or services, and any material or information that you transmit to other users, complies will all applicable data protection and privacy laws.

11.  Prohibited user content and activities

                   (a) Schools in Business reserves the right to investigate, and take any appropriate action (including removal of user content, termination of any user account, or legal action, if necessary) against any user whom Speakers in Schools determines, in its sole discretion, has submitted user content which is illegal or prohibited ("prohibited user content") or accesses or uses the website or services for purposes which are illegal or prohibited ("prohibited user activities").

                  (b) Prohibited user content includes, but is not limited to, user content that Schools in Business in its sole discretion determines:

                  (i) is offensive or promotes racism, bigotry, physical harm, harassment or discrimination of any kind against any person or group of people;

                  (ii) is exploitative of people in a sexual or violent manner;

                  (iii) contains nudity, violence, or otherwise offensive subject matter;

                  (iv) is pornographic in nature;

                  (v) is liable to pose or create a privacy or security risk to any person;

                  (vi) contains material which is obscene, threatening, false, misleading or defamatory or promotes illegal activities or conduct;

                  (vii) constitutes or promotes an infringement of the intellectual property rights of another party or any other rights of another party, or is likely to;

                  (viii) contains audiovisual material of another person which has been submitted without that person's consent, including content that contains image(s) or video of persons under the age of 18, where parental/guardian consent has not been provided to the use of that content;

                  (ix) contains the work of another person which has been submitted without that person's consent; or

                  (x) is commercial in nature, where such user content has not been subject to prior written approval by Schools in Business.

                   (c) Prohibited user activities include, but are not limited to, activities conducted by users in connection with their use of, or otherwise in respect of, the website or the services that Schools in Business in its sole discretion determines:

                  (i) are criminal or otherwise illegal in nature, including but not limited to fraud, harassment, spamming and infringement of intellectual property rights;

                  (ii) are commercial in nature, where such activities are not permitted by these terms of use and have otherwise not been subject to prior written approval by Schools in Business, including but not limited to advertising and soliciting activities;

                  (iii) are purporting to provide professional advice to other users or third parties generally;

                  (iv) constitute bullying or harassment of other users;

                  (v) involve the use of viruses, bots, worms or any other material intended to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of, or access to, a computer or computer network;

                  (vi) are automated uses of the website or the services;

                  (vii) involve impersonation of another user or other person or entity;

                  (viii) result in the sale or transfer of any user account; or

                  (ix) are using the website or the services in a manner that is contrary to these terms of use or inconsistent with any applicable laws and regulations.

                  (d) Schools in Business expressly reserves the right to take any action deemed necessary in respect of any prohibited user content or prohibited user activities or other illegal or unauthorised use of the website or services by any person, including removing prohibited user content without notice, referring matters to appropriate authorities for further investigation (such as police), and commencing appropriate legal action.

12.  No liability for other users

                   (a) Please carefully choose the information and content that you provide to users and post on or through the website or the services. Despite the prohibition of the use, inclusion or uploading of prohibited user content detailed in clause 11, content, information, materials, products or services provided by other users may wholly or partially be unauthorised, impermissible or otherwise contrary to these terms of use, and Schools in Business assumes no responsibility or liability for such material.

                  (b) If you become aware of any misuse of the website or the services by any person, you must inform Schools in Business immediately.

                   (c) You are solely responsible for your interactions with other users, and Schools in Business has no control over how any information or user content you may disseminate via the website or the services may be used by recipients.  You acknowledge that Schools in Business is under no obligation to become involved in any dispute between you and any other users. 

13.  Third party content

                   (a) The website, services and/or user content may contain links to third party content or websites that are not owned or controlled by Schools in Business.

                  (b) Schools in Business assumes no responsibility for the content or use of any third party website, and inclusion of any third party website or details of such on the website or the services (whether through user content or otherwise) does not imply approval or endorsement by Schools in Business of the third party website.

                   (c) If details of a third party website are made available to you through the website or the services either by Schools in Business or other users, you expressly relieve Schools in Business from any and all liability arising from your use of such third party website. Visits to, and use of, third party websites are at your own risk.  Accordingly, Schools in Business recommends that you read the terms and conditions and privacy policy of any third party website you visit.

14.  Termination of access

                   (a) Schools in Business reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting made by, or content uploaded, by users, or to deny, restrict, suspect, or terminate the access of users to all or any part of the website or the services at any time, for any reason (including no reason), and without prior notice or explanation, and without any form of liability whatsoever.

                  (b) In addition, Schools in Business expressly reserves the right to remove user profile and/or refuse, restrict, suspend or terminate user access to part or all of the website or the services if Schools in Business, in its sole discretion, determines that a user has breached any applicable laws or regulations or these terms of use, or poses a threat to Schools in Business, Speakers in Schools, its clients, affiliates or related entities, other users, or other persons generally.

                   (c) If you require any clarification of these terms of use you must contact Schools in Business before continuing to use the website or the services.

15.  Privacy

                   (a) Speakers in Schools’ privacy policy located at http://www.speakersinschools.com.au , as amended and replaced from time to time, is incorporated into, and forms part of these terms of use. 

                  (b) Schools in Business will comply with its privacy policy in respect of all personal information (as defined in the Privacy Act 1988 (Cth)) which may be made available to it as a result of a user's use of the website or services.

                   (c) You acknowledge and agree that Schools in Business is not responsible for the privacy practices or policies of websites or other services operated by third parties that are linked to, integrated with or available from (whether as a result of user content or otherwise), the website or the services.

                  (d) You acknowledge that Schools in Business may collect non-personal information about you, including but not limited to your IP address and browser type, which will be used for any purpose which Schools in Business may in its sole discretion from time to time determine, including but not limited to security purposes, and to monitor usage of, and to manage and improve, the website and the services.

                  (e) You acknowledge and agree that Schools in Business can in its sole discretion use cookies in connection with the website and the services, for purposes including but not limited to storing user preferences, authenticating sessions and to customise material (including third party advertising material) that is made available to users. You acknowledge that if you set your computer to block all cookies, you may restrict your access to certain features of the website or the services.

                   (f) You further acknowledge and agree that any third party materials that may be displayed on, or made available via or in connection with the website and/or the services may contain cookies placed by the third parties responsible for the materials, and that Schools in Business does not control, and is not responsible for, such third party cookies. Users should check the privacy policy of the relevant third party to determine how it uses cookies.

16.  Disclaimers  

                   (a) Schools in Business is not responsible for, and to the fullest extent permitted by law makes no warranties (whether express or implied) regarding any user content (including but not limited to its accuracy or reliability) submitted on or through the website or the services.

                  (b) Without limiting clause 16(a), Schools in Business assumes no responsibility or liability for other material uploaded or imported to the Speakers in Schools website by third parties, and the placement any other material by third parties onto the Speakers in Schools website does not constitute or imply the approval or endorsement of Speakers in Schools.

                   (c) Schools in Business is not responsible for, and to the fullest extent permitted by law makes no warranties (whether express or implied) regarding any user content (including but not limited to its accuracy or reliability) submitted on or through the website or the services.

                  (d) User content may not reflect the policies or opinions of Schools in Business. Schools in Business is not responsible for the conduct, whether online or offline, of any user.

                  (e) Schools in Business is not responsible for any problems, failures or technical malfunctions of any telephone lines or networks, computer online systems, servers or providers, computer equipment, software, or any other object or material, related to use or participation in the website or the services, including but not damage result from the download of any user content, Schools in Business content or other material as part of your use of the website or the services.

                   (f) Schools in Business expressly disclaims, to the fullest extent permitted by applicable laws and regulations, any statutory or other warranty, including but not limited to warranties or guarantees of acceptability of quality, merchantability or fitness for purpose.

                  (g) Schools in Business cannot guarantee, and does not promise, any specific results from use of the services or the website. 

                  (h) In no circumstances will Schools in Business be responsible for any loss or damage, including personal injury or death, resulting from use of the website, services, from any user content submitted on or through the website or the services, or from the conduct of any user, whether online or offline.

17.  Limitation of Liability

                   (a) Notwithstanding clause 16, Schools in Business acknowledges that State, Territory and Commonwealth legislation in Australia and other relevant jurisdictions (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) implies certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified ("non-excludable guarantees").  Schools in Business does not exclude, restrict or modify the non-excludable guarantees, and nothing in these terms of use is intended or is to be construed as doing so.  Accordingly, nothing in these terms of use affects any remedies available to you at law which cannot be lawfully excluded by Speakers in Schools, including in respect of any of the non-excludable guarantees which may be applicable.

                  (b) Subject to clauses 17(a), to the fullest extent permitted by applicable laws and regulations, Schools in Business will not be liable for any direct, consequential or indirect loss suffered by you or any other party arising from your use of the website and the services, including but not limited to the download of any user content, Schools in Business content or other material, or any discriminatory conduct.

                   (c) Notwithstanding anything to the contrary in these terms of use, but without affecting clauses 17(a), (b) or (d), Schools in Business’ liability to you in respect of any cause of action whatsoever will at all times be limited to:

                  (i) the amount paid by you to Schools in Business for use of the website or the services during the period of your use of the website or services, if any; or

                  (ii) $10, if you have not paid anything to Schools in Business for use of the website or the services.

                  (d) To the maximum extent permitted by law, Schools in Business’ liability to you for a breach of any of the Non-Excludable Guarantees is limited to any one of the following, at the option of Speakers in Schools:

                  (i) in the case of goods - replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the costs of having the goods repaired; and

                  (ii) in the case of services - the supply of the services again or payment of the cost of having the services supplied again.

18.  Indemnity

                   (a) You agree to indemnify and hold Schools in Business, its subsidiaries and affiliates and their respective officers, agents, partners and employees ("those indemnified"), from and against any loss (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered by any of those indemnified in relation to any claim, suit, demand, action or proceeding by any person against any of those indemnified arising from your use of the website or the services, any user content submitted by you or any breach by you of these terms of use (including but not limited to the representations and warranties made by you, as set out in these terms of use).

19.  Governing Law

                   (a) These terms of use will be governed by the laws of the state of South Australia.  You and Schools in Business expressly submit to the exclusive jurisdiction of the courts of South Australia in respect of all matters arising from or connected to these terms of use.

20.  Miscellaneous

                   (a) You agree that these terms of use constitute the entire agreement between you and Schools in Business regarding your access and use of the website and the services, and are accepted by you upon your use of the website or the services and are further affirmed if you become a registered user.

                  (b) You acknowledge the right of Schools in Business to take action against you to prevent a breach of these terms of use and further acknowledge that damages may not be an appropriate remedy in those circumstances.  You also acknowledge that the failure of Schools in Business to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.

                   (c) You expressly agree and acknowledge that you are not authorised or permitted to bind Schools in Business in any way whatsoever in relation to any contract or agreement with any third party.

                  (d) Every provision of these terms of use is independent of the other.  Any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.

                   (e) You agree that you will do all things necessary to give full effect to these terms of use and any transactions contemplated by them.