NATIONAL SCHOOL IMPROVEMENT PARTNERSHIPS TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using Partners in Professional Learning and Development, trading as National School Improvement Partnerships’ (“us”, “we”, or “our”) https://www.nsipartnerships.com.au and http://www.esischools.com websites and Effective School Improvement Program.
Your access to and use of our program and website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the site.
Subject to acceptance of and compliance with the Terms, you may:
- utilize all functionality of the website at the level for which you have been granted access;
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- download reports directly relating to your school to your computer subject to the other provisions of these terms and conditions
(a) In these terms and conditions (the “Terms and Conditions“), “we”, “our” or “us” means National School Improvement Partnerships (“NSI“).
(b) By clicking “I Accept”, you agree to be bound by the Terms and Condition when using the Site. By using the Site you agree to be bound by the Terms and Conditions including those revisions referred to in (c).
(c) We may revise the Terms and Conditions from time to time by updating this posting. the revised terms will effect when they are posted. You should therefore review the entire Terms and Conditions on each occasion that you access the Site.
(d) Your use of some parts or feature of the Site is governed by additional terms and conditions, and may require registration. Where this is the case, those additional terms and conditions:
(i) will apply to your use of such parts or features of the Site in addition to these terms and conditions; and
(ii) will prevail over the remaining Terms and Conditions to the extent of any inconsistency.
(e) If you wish to either:
(i) access content in accordance with clause 4 of these Terms and Conditions; or
(ii) contribute Content in accordance with clause 5 of these Terms and Conditions, you are required to register in accordance with clause 9 of these Terms and Conditions.
2. INTELLECTUAL PROPERTY RIGHTS
(a) In these Terms and Conditions, “Content” means anything that you may see, read, hear, upload, download or access on or via the Site (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Site).
(b) You acknowledge that the Content on the Site is subject to copyright, trademark and possibly other intellectual property rights.
(c) Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any person to:
(i) sell, reproduce, publish, distribute, communicate to the public (e.g. by make available online or electronically transmitting) modify, display, perform in public, prepare derivative works base don or make an adaption of, repost or otherwise use any of the Content (or readily identifiable portion of the Content) in any way without our prior written consent; or
(ii) otherwise infringe the intellectual property rights of any person in using the Site or any Content.
(d) Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.
(e) You agree that NSI owns the copyright and trademarks in the domain name(s) nsipartnerships.com.au and esischools.com websites and the Effective School Improvement program (esischools.com & nsipartnerships.com.au). NSI reserves all rights in relation to its own trademarks (“NSI Trademarks“). You agree not to use any of the NSI Trademarks without our prior written consent. All other trademarks appearing on our Site are the property of their respective owners.
2. CONTENT OF THE SITE
(a) We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
(b) You acknowledge that the Content on the Site is subject to change at any time.
(c) The views which are expressed by members of the public who have uploaded Content to the Site are not our views and we do not accept no liability in respect of any Content posted on the Site by third parties, nor are we responsible for its content or accuracy. Any reliance you place n the Content posted on the Site is at your own risk.
(d) If you consider any Content that has been posted to the Site is offensive, unsuitable or has in some way breached these Terms and Conditions, please email us at NSITeam@NSIPartnerships.com.au with a link to the relevant Content and your reasons for objecting to it. We will consider your objection and determine whether the Content should be removed at our sole discretion.
4. ACCESSING CONTENT
(a) in these Terms and Conditions, “Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
(b) You must not:
(i) use the Site without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law;
(ii) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(iii) reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
(iv) violate any applicable law relating to your use of the Site; or
(v) use or disseminate personal data sourced from the Site except as authorised by Applicable Law.
(c) You agree that you will not misuse any downloadable Content included on the Site, including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content o another website or making misleading or false representations about the Content, unless expressly authorised by NSI.
5. CONTRIBUTING CONTENT
(a) These are facilities in the Site for you to submit or post Content to the Site. For Content you submit for posting to the Site (in whatever format):
(i) you absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Content you submit to the Site;
(ii) you agree that whether and in what form the Content in published on the Site is at NSI’s sole discretion;
(iii) you give unconditional consent for the Content to be altered, edited or adapted as NSI or a sub-licensee thinks fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;
(iv) you acknowledge that you may be held legally responsible for the Content you submit. You acknowledge that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.
(b) For the Content you submit for posting to the Site (in whatever format) you agree not to:
(i) upload, post, transmit or otherwise make available any Content that is unlawful, infringing, confidential, unauthorised, harmful, threatening, abusive, harassing, pornographic, defamatory, vulgar, obscene, related to gambling, libellous, invasive of another’s privacy, hateful, or racially ethnically or otherwise objectionable or which incites or otherwise promotes such behaviour or outcomes;
(ii) impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity; or
(iii) upload, post, transmit or otherwise make available any material that contains software viruses or malicious code.
(c) By posting Content to the Site you warrant that the content complies with the conditions set out in paragraph 5(b), and that all necessary consents and authorisations have been obtained. Without limiting the foregoing:
(i) you will not post Content or use the Site for the purpose of advertising, promoting or soliciting any goods or services or otherwise engage in trade or commerce; and
(ii) you agree to your Content being available on the Site for public viewing and comment and that your Content may be used by NSI in any media for an unlimited period of time without remuneration or compensation for any purpose in our sole discretion.
6. MONITORING OF CONTENT
(a) You acknowledge that NSI may or may not pre-screen Content, and that there is no obligation on NSI to pre-screen Content, and that NSI shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you.
(b) Without limiting paragraph (a), you agree that NSI may edit, remove or not publish any Content if it considers that:
(i) the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
(ii) the Content is false or misleading;
(iii) publication of the Content will infringe intellectual property rights (including copyright) or a person’s moral rights;
(iv) the Content is abusive, offensive or obscene; or
(v) the Content is otherwise in breach of these Terms and Conditions.
(c) Although we may from time to time monitor or review content, postings or other contribution to the Site, we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any communication.
You agree to indemnify and hold NSI and its subsidiaries, affiliates, officers, agents, employees, partners and licencors harmless form any claim against us arising out of Content you submit, post, transmit or otherwise make available through the Site, you use of the Site, your connection to the Site, your breach of these Terms and Conditions, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
(a) In order to be able to provide us with Content or download Content pursuant to these Terms and Conditions you must become a registered user. to become a registered user you must complete your registration details in the manner described on the website, Registration is free but non-transferable. You agree to provide true, accurate and complete information about yourself as prompted by the registration form. You must log into your account in the manner required each time you wish to contribute to the Site.
(b) We reserve the right to refuse requests to register use accounts to terminate your registration at any time at our sole discretion. We will not accept any request to register a user account that we suspect is being made by or on behalf of a user that has been suspended as a user/user of another website for vexatious, illegal or inappropriate comment/contributions.
(c) You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to:
(i) immediately notify us of any unauthorised use of your password or account or any other breach of security; and
(ii) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account.
(d) We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
(b) Details of the cookies we use on the Site are as follows:
(i) cookies that are essential in order to enable you to move around the Site and use its features;
(ii) cookies that collect information about how visitors use the Site, for instance which pages visitors go to most often. All information these cookies collect is aggregated and therefor anonymous. It is only used to improve how the Site works. By using this Site, you agree that we can place these types of cookies on your device. Your web browser may allow some control of most cookies through your browser settings.
(c) To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please note that you may delete and block all cookies used by this Site, but if you do so parts of the site may not work.
11. SECURITY OF INFORMATION
We will take all reasonable steps to maintain the security of all information which you transmit to us but we cannot guarantee that it will remain totally secure. Accordingly any information which you transmit to us is transmitted at your own risk.
12. USE OF THE SITE IS AT YOUR OWN RISK – DISCLAIMER OF LIABILITY
(a) You are advised to make your own enquiries, prior to using the Site, to verify any information upon which you are relying in relation to your use of the Site.
(b) We exclude all warranties, guarantees and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties, consumer guarantees or other liability but does allow limitation to a certain maximum extent, then we limit our liability to that extent.
(c) To the extent permitted by law, all information on or linked to on the Site is provided “as is” and “as available” without any warranty or representation regarding condition, either express or implied, including any consumer guarantees or implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement.
(d) To the extent permitted by law, we do not accept any responsibility or liability for:
(i) any statement in the material on or linked to the Site; or
(ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its Content. this includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
13. GENERAL PROVISIONS
(a) If any part of the Terms and Conditions is held to be unenforceable, that part will be deemed excised from the Terms and Conditions and the reminder will remain in full force and effect.
(b) The Terms and Conditions, and the use of the Site and any contents thereof, are in all respects governed by and according to the laws of the State of Western Australia, Australia. By using the Site, you irrevocably agree to submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site or any material contained therein, or accessed thereby.