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ResourceSmart Terms of Use

ResourceSmart Schools Website Terms of Use for ResourceSmart Schools Delivery Partners, Facilitators and Assessors

These Terms govern your use of the Website and form a binding contractual agreement between you, a ResourceSmart Schools Delivery Partner, Assessor or Facilitator, and us, Sustainability Victoria, the owner and operator of the Website.

These Terms are important and you should read them carefully. If you have any questions about these Terms, please contact us on schools@sustainability.vic.gov.au before you use the Website.

These Terms include our privacy statement, copyright statement and disclaimer.

By using the Website, you acknowledge and agree to be bound by these Terms. If you do not agree to the Terms, you are not authorised to use the Website.

1. Definitions

Assessor means a person engaged by a school to act as a ResourceSmart Schools assessor, engaged in verifying that school's progress through a module or star in preparation for certification by Sustainability Victoria.

Confidential Information means all confidential, non-public or proprietary information about either you, us, or related to a School or its staff, students or students' parents or guardians, regardless of how the information is stored or delivered or exchanged. Confidential Information does not include:

  1. any information that is uploaded to the Website by you and subsequently de-identified by us;
  2. any School Public Content; or
  3. information which is or becomes generally available to the public (other than as a result of a breach of these Terms).

Delivery Partner means a person or entity engaged by us pursuant to a Delivery Partner Agreement to assist a School in implementing and participating in ResourceSmart Schools, and includes its contractors, agents and employees.

Delivery Partner Agreement means an agreement between a Delivery Partner and us to provide the Delivery Partner with funding to assist Schools to implement and participate in ResourceSmart Schools.

Content means any material (including comments, text, images, audio material, video material and audio-visual material, information and data) which is uploaded to the Website.

Copyright Act means the Copyright Act 1968 (Cth).

Facilitator means a person engaged by a School as a ResourceSmart Schools facilitator to assist the School to implement and participate in ResourceSmart Schools.

Intellectual Property includes patent, know-how, copyright, design, semiconductor or circuit layout rights, trade mark, service mark, trade secret, data, Confidential Information, business or company names or other proprietary rights and any rights to registration of such rights, whether created before or after the effective date of these Terms, and whether protected under common law or statute.

ISP means an internet service provider in Australia.

ISP Services means internet services.

Losses means all direct, indirect or consequential liabilities, losses, damages, claims, actions, proceedings, costs and expenses (including legal fees) however arising.
Personal Information means information or opinion, whether true or not, about a natural person whose identity is or can reasonably be ascertained from the information or opinion.

ResourceSmart Schools means the Victorian government program to help schools embed sustainability run by us.

School means any Victorian early childhood centre, primary school or secondary school, including government, independent or catholic schools, registered with the Department of Education and Training.

School Public Content means any Content uploaded to the Website by a School (or you on the School's behalf) where the School has elected to make the Content available to be accessed by the public at large.

Terms means these Terms of Use.

User Account means the ResourceSmart Schools account opened by you in order for you to have access to this Website.

Website means the password-protected ResourceSmart Schools Website.

Your Comments means any comments, information, opinions or other material submitted to the Website for the purpose of communicating with a School, or with us, about that School's participation in ResourceSmart Schools.

Your Content means all Content, including Your Comments, uploaded to the Website by you.

2. Eligibility to use this Website

2.1 If you are a Delivery Partner, you may not use the Website unless you:

  1. have a current Delivery Partner Agreement with us;
  2. have been issued with a User Account by us; and
  3. agree to these Terms.

2.2 If you are a Facilitator, you may not use the Website unless you:

  1. have entered into an agreement with a School and are authorised by the School to act on its behalf in relation to your use of the Website;
  2. have been issued with a User Account by us; and
  3. agree to these Terms.

2.3 You warrant that all information provided by you to us at the time that your User Account is registered is accurate and that you will keep that information up to date by making any necessary changes to such information on the Website.

3. Use of the Website

3.1 You agree to use the Website for the sole purpose of assisting a School to implement and participate in ResourceSmart Schools.

3.2 You agree to comply with our reasonable directions from time to time in relation to your access to or use of the Website.

3.3 You agree to use the Website in good faith, and to, at all times, comply with these Terms and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Website.

4. Allowing others to access your User Account

4.1 You agree to take all reasonable steps to ensure that your password remains confidential.

4.2 You may create a new user account for your employees, contractors or agents, but solely for the purpose of accessing the Website to perform your obligations under these Terms and the Delivery Partner Agreement if you are a Delivery Partner.

4.3 You agree to notify us if you have reason to believe that your password, or a password issued by you, may have been disclosed, other than in accordance with these Terms.

4.4 You agree that by creating a new user account, you are allowing the recipient of the user account to act as your agent and, as such, you are fully responsible and liable for all actions taken by that agent in connection with the Website, these Terms, or ResourceSmart Schools generally.

5. Internet Access

5.1 To use and access the Website, you must have access to an account for the provision of ISP Services with an ISP in Australia.

5.2 Your ISP (and not us) is responsible for the provision of ISP Services pursuant to any agreement between you and that ISP in respect of those ISP Services. You are responsible, and are solely liable, for any account charges or other costs incurred in relation to the ISP Services.

6. Restriction on use

6.1 You may not:

  1. use the Website for any purpose other than as permitted by these Terms;
  2. remove or tamper with any copyright notices on the Website, in Content or in other materials provided to or accessed by you in connection with ResourceSmart Schools;
  3. disassemble, decompile, reverse engineer or create derivative works or functionally equivalent software from the Website (except to the extent permitted by Division 4A of Part III of the Copyright Act);
  4. copy or download, in a systematic manner, any Content, or communicate or otherwise distribute such systematically obtained Content other than as expressly provided for in these Terms; or
  5. incorporate the Website in any product to be made available commercially (unless we expressly agree otherwise with you).

6.2 Disruption. You may not, directly or indirectly, introduce or permit the introduction of any spyware, virus, worm, trojan, keystroke logger, rootkit or other malicious code into the Website, or in any other manner whatsoever which may corrupt, degrade or disrupt the Website.

6.3 Unlawful, unauthorised or dangerous use. You may not use the Website:

  1. to conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to the Website, without our express written consent;
  2. in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
  3. to engage in any activity that breaches any law or infringes or interferes with our or a third party's rights (including Intellectual Property rights);
  4. in any way that impersonates or falsely represents any person;
  5. in any way that is defamatory, obscene, offensive, misleading, deceptive or illegal;
  6. in any way that uses insulting, provocative or hateful language or is otherwise abusive, harassing or threatening of others;
  7. in any way that constitutes resale or other commercial use of the Website or Content;
  8. to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent; or
  9. in any way that would bring us, the Victorian government, the Website, ResourceSmart Schools, another Delivery Partner or Facilitator or Assessor or a School into disrepute.

7. Your Content

7.1 You agree that all Your Content is, and will be, treated by us as non-confidential.

7.2 We reserve the right to remove or refuse to publish any of Your Content and to edit Your Comments.

7.3 You grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate and distribute (including the right to sub-license) Your Content for any purpose consistent with our general objectives, including promotion and reporting.

7.4 We expressly disclaim any liability for any Losses, misuse or alteration of Your Content by any third-party, including our sub-licensees, other Delivery Partners or Facilitators. In particular, we expressly disclaim any liability for any Loss or diminution of any Intellectual Property rights that you currently own or may be able to obtain in relation to Your Content.

8. School Public Content

We grant you a worldwide, revocable, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate and distribute School Public Content, for non-commercial educational purposes within Schools only and not for any other purpose.

9. Intellectual Property

9.1 In respect of all of Your Content, you warrant that:

  1. you own the Intellectual Property in Your Content; or
  2. where Your Content includes material in which the Intellectual Property is owned by another person or entity, you have obtained all necessary permissions, authorisations, licences and consents (including any necessary consents to infringe moral rights) required for the use of such materials consistent with these Terms.

9.2 Any Intellectual Property in Your Content will vest in and remain your property (subject to the rights of any third party) and will not vest in us or any other party solely as a result of the publication of Your Content on the Website or the operation of section 177 of the Copyright Act.

9.3 If you have any moral rights (or similar rights) in respect of Your Content, you consent to us and all other persons using Your Content from time to time in a manner contrary to those rights and consistent with any licences given to us by you in respect of your Intellectual Property.

10. Privacy

10.1 You will, and will ensure that your employees, agents, officers and subcontractors, comply with the Privacy Data and Protection Act 2014 (Vic), our privacy statement and any other applicable laws and codes dealing with privacy, in relation to any Personal Information collected, used or stored in connection with the Website or ResourceSmart Schools.

10.2 You warrant that you have obtained consent to disclose Personal Information prior to uploading any of Your Content to the Website:

  1. from any living person whose image or identifying description may appear in Your Content; and
  2. in relation to any real or personal property the image of which, or identifying description of which, is contained in Your Content, from the owner of that property.

11. Confidentiality

We each agree to keep one another's Confidential Information confidential unless we:

  1. obtain consent in writing to the disclosure of such Confidential Information; or
  2. are required by law to disclose such Confidential Information.

12. Liability

12.1 You agree that you are fully responsible for the Content submitted to the Website using your User Account. To the full extent permitted by law, we exclude all responsibility and liability which may arise from the posting, transmission or use of any Content or other information by you or by using your User Account.

12.2 You indemnify and will at all times keep us and our sub-licensees, officers, employees, contractors and agents indemnified against any Losses arising out of or otherwise in connection with:

  1. any breach of these Terms by you; or
  2. any claim by a third party arising directly or indirectly out of or in connection with your access to or use of the Website.

12.3 We are not liable for any Losses suffered or incurred by any person:

  1. in connection with or in any way relating to the Website or ResourceSmart Schools;
  2. in connection with any disruption to or unavailability or failure of the Website or any part of ResourceSmart Schools or interference with or damage to computer systems or other electronic devices;
  3. in connection with errors, omissions or inaccuracies contained in any information published on the Website, either by us or a third party, or supplied by us to you;
  4. as a result of any fraudulent use, misuse or misappropriation of the Website by you or a third party;
  5. as a result of any act committed by another person in connection with the Website or ResourceSmart Schools;
  6. arising from any circumstance beyond our control; or
  7. otherwise under or in connection with these Terms.

13. Termination

13.1 We may immediately terminate these Terms if:

  1. you have breached any of these Terms;
  2. you are a Delivery Partner and the Delivery Partner Agreement expires or is terminated; or
  3. you are a Facilitator or assessor and your agreement with a School expires or is terminated.

13.2 If you close your User Account, these Terms will automatically terminate.

13.3 Any termination of these Terms does not affect any other agreement you may have with us (if you are a Delivery Partner) or with a School (if you are a Facilitator or Assessor).

13.4 Clauses 2.3, 6, 7, 8, 9, 10, 11 and 12 survive termination of these Terms.

14. General

14.1 Unless otherwise stated on the Website or provided for in these Terms, we or our licensors own the Intellectual Property rights in the Website and Content. Subject to the licences provided in these Terms, all of these Intellectual Property rights are reserved.

14.2 Assignment. You may not assign your rights under these Terms, or attempt or purport to do so, without our prior written consent (which may be given or withheld at our absolute discretion).

14.3 Governing law. These Terms are governed by the laws of the State of Victoria and both of us submit to the jurisdiction of the courts of that State.

14.4 Severability. If any provision, or part of a provision, of these Terms is found to be illegal or unenforceable it will be severed from this agreement, and the remainder of these Terms will be construed as if that provision or part did not form part of these Terms. The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between us and you.

14.5 Variation. We may amend these Terms in our discretion. Where we consider that the amendment is likely to:

  1. benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms on the Website;
  2. have a significant detrimental impact on you, we will make the change after we have notified you of the change (by any reasonable means, at our discretion) and will display a notice on the Website describing the change.

Your continued use of the Website after an amendment to these Terms has occurred will mean that you agree to that amendment.