These Terms govern your use of the ResourceSmart Schools Website https://secure.resourcesmartschools.vic.gov.au
(the Website) and form a binding contractual agreement between you (a School) 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 email@example.com 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.
Confidential Information means all confidential, non-public or proprietary information about either you or us, regardless of how the information is stored or delivered or exchanged. Confidential Information does not include:
any information that is uploaded to the Website by you and subsequently de-identified by us;
any Community Content; or
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 you or us to support your participation in ResourceSmart Schools, and includes its contractors, agents and employees.
Community Content means any Content uploaded to the Website by you where you select the Share with Community Option.
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).
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 losses, liabilities, 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.
Private Access means all Content uploaded to the Website by you where you select the Private Access Option.
Private Access Option means the option selected when uploading Content to the Website where you can select Private Access and share Content only with users from your School.
ResourceSmart Schools means the Victorian government program to help schools embed sustainability run by us.
School means any Victorian, primary school or secondary school, including government, independent or catholic schools, registered with the Department of Education and Training. This also includes any early childhood service that has registered with ResourceSmart Schools and has a School Account.
School Account means the ResourceSmart Schools account opened by you in order for you to have access to the Website.
Share with Community Option means the check box described as such on certain pages of the Website where you can upload Content and share with all ResourceSmart Schools authorised users.
Status means your star and module status indicated on the Website.
Website means the password protected ResourceSmart Schools Website.
2. Eligibility to use this Website
2.1 You may not use the Website or participate in ResourceSmart Schools unless you:
agree to these Terms; and
have been issued with a School Account by us.
2.2 You warrant that all information provided by you to us at the time that your School 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 participating 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 us using and publishing, on the Website and elsewhere, the name of your School and your Status for the purposes of reporting or promoting ResourceSmart Schools.
3.4 If you choose “yes” on the “Map my School” function on the Website, you agree to your School, its location and its Status appearing on the map that appears on the Website.
3.5 You agree to use the Website using your User Account and not use any other person’s or School’s account.
3.6 You agree to use the Website and participate in ResourceSmart Schools 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 and your participation in ResourceSmart Schools.
4. Uploading options
4.1 Without limitation to the licence given under clause 8, you acknowledge that when you upload Content and you select the:
Private Access Option, the Content uploaded may be able to be viewed by you, your authorised users, us and your Delivery Partner in accordance with the terms of clause 8.
Share with Community Option, the Content uploaded may be able to be viewed by you, your authorised users, us, your Delivery Partner and any other authorised user of a School participating in ResourceSmart Schools in accordance with the terms of clause 8.
5. Allowing students, staff, parents and guardians to access your School Account
5.1 You may issue a new username and password for access to your School Account to current students, their parents or guardians, or staff at your School solely for the purpose of accessing your School Account to facilitate your participation in ResourceSmart Schools.
5.2 You agree to notify us if you have reason to believe that any username or password for access to your School Account may have been disclosed, other than in accordance with these Terms.
5.3 You agree that by issuing a new username and password for access to your School Account, you are allowing the recipient of the password 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.
6. Internet access
6.1 To use and access the Website, you must have access to an account for the provision of ISP Services with an ISP in Australia.
6.2 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.
7. Restriction on use
7.1 Restrictions. You may not:
use the Website or ResourceSmart Schools for any purpose other than as permitted by these Terms;
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;
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);
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
incorporate the Website in any product to be made available commercially (unless we expressly agree otherwise with you).
7.2 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.
7.3 Unlawful, unauthorised or dangerous use. You may not use the Website:
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;
in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website;
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 or rights to privacy);
in any way that impersonates or falsely represents any person;
in any way that is defamatory, obscene, offensive, misleading, deceptive or illegal;
in any way that uses insulting, provocative, hateful language or is otherwise abusive, harassing or threatening of others;
in any way that constitutes resale or other commercial use of the Website or Content;
to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent; or
in any way that would bring us, the Victorian government, the Website, ResourceSmart Schools, a Delivery Partner or another School into disrepute.
8 Private and Community Content
8.1 We reserve the right to edit or remove, or refuse to publish, any Content.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual licence to use, reproduce, modify, adapt, publish, translate and distribute (including the right to sublicense) all Content (excluding any Confidential Information) to:
enable us to deliver ResourceSmart Schools;
enable us (or third parties) to perform statistical analysis relevant to ResourceSmart Schools or our functions and objectives; and
enable us to report to government or other parties that support education in Victoria.
8.3 We will deidentify any Personal Information before using any Content in accordance with this clause 8.
9 Content uploaded by others
We grant you a non-exclusive, royalty-free licence to use, reproduce, adapt, publish and translate Community Content for non-commercial educational purposes within Schools only and not for any other purpose.
10 Intellectual Property
10.1 For all Content uploaded to the Website by you, you warrant that:
you own the Intellectual Property in the Content; or
where such 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.
10.2 Any Intellectual Property in the Content uploaded by you 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 that Content on the Website or the operation of section 177 of the Copyright Act.
10.3 If you have any moral rights (or similar rights) in respect of Content uploaded by you, you consent to us and all other persons using such 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.
11.1 You will, and will ensure that your employees, agents, officers and subcontractors, comply with the Privacy and Data 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.
11.2 You agree that we may contact you or your Delivery Partner to seek information or comments about ResourceSmart Schools.
11.3 You warrant that you have obtained consent to disclose Personal Information prior to uploading any Content to the Website:
from any living person whose image or identifying description may appear in such Content; and
in relation to any real or personal property the image of which, or identifying description of which, is contained in such Content, from the owner of that property.
12.1 We each agree to keep one another’s Confidential Information confidential unless we:
obtain consent in writing to the disclosure of such Confidential Information; or
are required by law to disclose such Confidential Information.
13.1 You agree that you are fully responsible for the Content submitted to the Website using your School 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 information submitted by you or by using your School Account (even if moderated or edited by us).
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: any breach of these Terms by you; and
any claim by a third party arising directly or indirectly out of or in connection with your access to or use of the Website.
13.2 We are not liable for any Losses suffered or incurred by any person:
in connection with or in any way relating to the Website or ResourceSmart Schools;
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;
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;
as a result of any fraudulent use, misuse or misappropriation of the Website by you or a third party;
as a result of any act committed by another person in connection with the Website or ResourceSmart Schools;
arising from any circumstance beyond our control; or
otherwise under or in connection with these Terms.
13.3 You acknowledge that our Delivery Partners are independent of us and do not act as our representatives or agents. We expressly disclaim any liability for any Losses occurring as a result of any act or omission of a Delivery Partner.
14.1 Where you have breached any provision of these Terms, and without prejudice to any other rights or remedies, we may immediately terminate these Terms or your participation in ResourceSmart Schools to us. This will include termination of your School Account.
14.2 We may terminate your access to and use of your School Account without cause by giving you 14 days’ prior written notice.
14.3 You may terminate these Terms by closing your School Account at any time.
14.4 Clauses 2.2, 7, 8, 10, 11, 12, 13 and 15 survive termination of these Terms.
15.1 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).
15.2 Governing law. These Terms are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State.
15.3 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.
15.4 Variation. We may amend these Terms in our discretion from time to time. Where we consider that the amendment is likely to:
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; or
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.
15.5 Entire agreement. Except where expressly provided for in these Terms, these Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing, or in some other format).