Terms of Use last updated: 16/03/2020

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].

  1. Copyright notice

2.1    Subject to the express provisions of these terms of use:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights on our website and the material on our website; and

(b)    all the copyright and other intellectual property rights on our website and the material on our website are reserved.

  1. Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser, subject to the other provisions of these terms of use.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms of use, you must not download any material from our website or save any such material to your computer, or any other form of device.

3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violating the directives set out in the robots.txt file for our website; or

(g)    collect any form of data from our website for any direct marketing activity (including email marketing, SMS marketing, telemarketing and direct mailing).

4.2    collect any form of data from our website to contact individuals, companies or other persons or entities, unless you want to contact Capability Building, EdSpace Education and Training Centre, Wheelie Awesome, Benalla Dogs for Life or EdSpace I.T. Support.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Registration for news letters

5.1    You may register for news letters with our website by submitting your email address form on our website..

5.2    You must not spam, the news letter signup with random emails.

     6. Limited warranties

6.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

6.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3  To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms, our website and the use of our website.

     7. Limitations and exclusions of liability

7.1  Nothing in these terms will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

7.2  The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms:

(a)    are subject to Section 8.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms.

7.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

     8. Breaches of these terms of use

8.1  Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block your device(s) from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

8.2   Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account]).

EDSPACE'S COMMITMENT TO CHILD SAFETY

All students enrolled, and any child visiting EdSpace Benalla, have a right to feel safe and be safe. EdSpace actively works to listen to and empower children. EdSpace has systems to protect children from abuse, will take allegations very seriously and will respond to them consistently in line with the organisation's policies and procedures. EdSpace is committed to promoting cultural safety of Aboriginal Children, cultural safety of children from culturally and/or linguistically diverse backgrounds and provide a safe environment for children with a disability.

WE, CAPABILITY BUILDING TA EDSPACE EDUCATION AND TRAINING CENTRE, ACKNOWLEDGE THE TRADITIONAL CUSTODIANS OF THE LAND. WE PAY OUR RESPECTS TO THEIR ELDERS PAST AND PRESENT AND TO ELDERS FROM OTHER COMMUNITIES.