School, Teacher & Student ediary Terms and Conditions
Welcome to ediary.
1. Your Acceptance
1.1 By clicking on the “I have read and accept these Terms and Conditions” button you are entering into a legally binding contract with Createl to use ediary. This contract is conditional on payment having been made by you or payment being authorised by your credit/debit card authoriser and is at all times subject to these conditions now and every time you use ediary. If you do not accept these conditions you should not click on the button.
1.2 The term “Createl” or “us” or “we” or “our” refers to the owner of this Website whose office is 98 Logistics Street, Keilor Park, Victoria, Australia 3042. Our Australian Business Number is 85 066 657 547. The term “you” refers to the purchaser and the user of our Website and the ediary.
1.3 You must be 16 years or older to agree to purchase ediary. If you are under 16 years old you will need to provide the written consent of your parent or guardian. You will need to have them contact us to give this consent.
2. Changes to Conditions
2.1 Createl may change these conditions at any time. Any changes will take effect on the date they are posted onto this Website and we are not under any obligation to notify you of such changes, except where those changes vary the price of the ediary, in which case the change will come into effect if you renew your subscription to ediary. By continuing to use ediary you accept any revised version of these conditions.
2.2 If there is anything you do not understand in these conditions, please feel free to email us at firstname.lastname@example.org, or phone us on (+0011 61) 03 9338 5662.
3.1 “ediary” shall be the provision to you of access to services and content on this Website (http://ediaryschool.com.au).
3.2 Createl reserves the right to amend the nature and extent of the Services available at any time.
4. ediary Availability
4.1 Createl will use its reasonable endeavours to ensure that ediary is made available to you at all times. However, this Website is provided on an “as is” basis.
4.2 Specifically, access to the Website and content may vary, whether due to congestion on the internet or telephone lines or otherwise. Your use of ediary and this Website may not be uninterrupted, timely, secure or error free.
4.3 From time to time we will need to close the Website to carry out upgrades or maintenance. We will try to keep this to a minimum. Subject to the above constraints, Createl will supply ediary with reasonable care and skill. Apart from this commitment and subject to condition 13.4 (“Refund”) below and any other statutory rights you may have as a consumer, we make no representation or warranty and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law.
5.1 If you have registered to use ediary on a trial basis then you may use ediary and this Website for a period of 30 days at no cost.
5.2 Upon expiry of 30 days you will need to pay the current price to continue to use ediary and this Website. If you do not pay the current price then we can terminate your access to the ediary at any time without notice to you and delete your data and profile.
6.1 Our prices only cover access to ediary. Telephone line and other communications or access costs may be charged to you separately by your Internet Service Provider or relevant service provider. All our prices are inclusive of tax at the rates in force from time to time. Except in the clear case of error, the prices payable for the ediary that you order are as set out on this Website at the time when you place your order.
6.2 Our prices are subject to change by us giving you 30 days written notice of the change at any time prior to ediary subscription being renewed. Notice may be given to you by post, by email message to your ediary or by email to the most recent email and/or postal address we hold for you.
7. Payment and Password
7.1 When you make payment for ediary you will create your own password or we will issue you with a password. The password is not transferable.
8. Duration and Termination
8.1 Your right to access ediary and this Website continues for between 12 to 24 months (based on the length of subscription chosen) from the date you have paid the price. Using the eDiary interface, we will then send you a renewal notice to renew your access for a further 1 year period.
8.2 Upon expiry of the subscription period (12 to 24 months depending on the length of subscription chosen), you will need to pay the current price to continue to use ediary and this Website. If you do not pay the current price then we can terminate your access the ediary at any time without notice to you.
Our Right to Terminate
8.3 Createl may terminate this contract with immediate effect by written notice on 30 days notice at any time if you commit a material breach of these conditions, including without limitation if your payment for ediary is declined or you fail to comply with condition 10.
8.4 Createl may also terminate this contract on 30 days written notice to you for no reason. If we terminate this contract other than as a result of your breach you will receive a refund of the amount you pre-paid for the ediary less an amount proportionate to the number of days for which you have had access to the ediary.
9. Customer Service, Technical Support and Notices
9.1 You can contact us to discuss your use of ediary or for any other reason by emailing to Createl as described below or going to the “Contact Us” section of this Website.
9.2 If you are experiencing technical or service problems you should contact our Website manager by emailing to email@example.com. If our Website manager is unable to resolve your problem or does not respond promptly to you then you should contact Createl directly.
9.3 In either case, please be ready to provide your account ID, e-mail, which will be required in order to identify your ediary account.
9.4 Any notice given by Createl can be given by post, by email message to your ediary or by email to the most recent email and/or postal address we hold for you.
9.5 You should notice us by email immediately if any of your details change.
10. Your Use of ediary
10.1 The material, images, design, text and other content that you receive access to (and any selection or arrangement of the foregoing) are subject to copyright of Createl.
10.2 You agree that you will:-
· access the ediary for your use only and use the ediary for professional, non-commercial purposes only without making any gain and that you will not permit any other person to use ediary. (This includes, without limitation, that you must not charge for viewing the ediary and that you cannot use the ediary to attract others to buy goods or services from you or anyone else);
· access ediary only as intended through the normal functionality of the Subscription as provided on this Website;
· not permit any other person to view ediary and keep your password secure and never share your passwords or other access codes with anyone or in anyway make them accessible to others;
· only download one copy of any materials comprised in ediary to a personal local hard disk or personal media device (eg. an iphone®, ipod® or MP3 player) and not otherwise copy, record or store all or any part of the ediary (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or other distribute all or any part of ediary to any person, or authorise, enable or procure any other person to do any of the above;
· not alter, disassemble, decompile or reverse engineer any part of ediary or remove any copyright or trade mark notice from any materials comprising ediary;
· not view the ediary in circumstances where members of the public can view it simultaneously or authorise, enable or procure any other person to do so; and
· not misuse this Website or ediary or use either of them for any unlawful purpose (which includes transmitting any computer viruses, malicious code or spam via the Website) or using the Website in a manner which violates or infringes the rights of anyone else.
10.3 You acknowledge and agree that in addition to our right to terminate this contract for breaches by you we may suspend your access to ediary or this Website or any part of it if your use of them is not in accordance with these conditions, abusive, excessive or against the interests of other users. If we decide to do this we will give you a written notice.
11. Data Security and Privacy
11.1 The information and data (“personal information”) which is provided by you in connection with ediary will be held on Createl’s servers and manual records and will not be used by Createl. These servers are operated by a third party IT contractor.
11.2 By using ediary you understand that Createl may use and disclose your personal information:-
· for the purposes of enabling you to access ediary and this Website;
· to enable us to offer and provide you with the products and services available on this Website or via Createl’s business; and
11.3 Though we make every effort to preserve your online privacy and the security of data we remind you that submitting information over the internet is inherently risky. If you are not prepared to assume this risk, then we suggest that you contact us by telephone or post (refer to the “Contact Us” section).
12. Content Ownership and Data Retention
12.1 By using ediary you acknowledge and accept that upon creation all information, content and data that you record in ediary or that is produced by this Website shall be owned by Createl.
12.2 We will permit you access to all such information, content and data while you continue to pay the price for accessing ediary.
12.3 We will retain all information, content and data that you recorded in the ediary as long as you are an active user (i.e. paid-up subscription). However, if the ediary is inactive for a period of TWO years, we may delete inactive profiles and data in order to maintain an efficient database for all users. Prior to the expiry of your ediary subscription, where you no longer intend to re-subscribe, the onus is on you, the user, to export your data using the 'Export Data' function in the My Profile menu in order to ensure you keep a copy of your records for future reference.
13. Disclaimer and Refund
13.1 We do not warrant or guarantee or make any representation that:-
· this Website, or the server that makes the site available on the World Wide Web are free of software viruses;
· the functions contained in any software contained in the ediary or this Website will operate uninterrupted or are error-free; or
· that any program of exercise comprised in the ediary is or will be suitable for your purposes, without appropriate modification.
13.2 To the fullest extent permitted by law, we are not liable to you for:-
· errors or omissions in this Website or ediary;
· delays to, interruptions of or cessation of services provided in this Website arising from causes beyond our reasonable control;
· defamatory, offensive or illegal conduct of any user of this Website;
· any special, indirect or consequential loss or damage which you may sustain howsoever arising; or
· damage to person or property howsoever arising, whether in tort or contract, whether caused by us, our employees, agents or contractors, or through any other cause but excluding any act of gross or deliberate negligence and to the fullest extent permitted by law you release Createl in relation to any cause of action, claim, demand, right, damage, loss expense or compensation of nature whatsoever that you may have or in the future might have in respect to the foregoing in relation to ediary, the use of the materials comprised in ediary or this Website.
13.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing ediary or this Website.
13.4 If for a reason beyond our control you fail to receive a substantial element of ediary we will refund or give you credit for such proportion of the sum you pre-paid in respect of ediary that we decide, acting reasonably, is fair in the circumstances.
14. Limited Liability
14.1 Any conditions or warranties that may be implied into these terms and conditions by any law for your benefit that can lawfully be excluded are agreed to be excluded to the extent permitted by law.
14.2 In the event that we are found liable for breach of any implied warranty or condition that cannot be excluded by law, then our liability is limited, at our choice, to one of the following:-
· the supply of the services again; or
· the payment of the cost of having the services supplied again, and in no circumstances whatsoever will our liability exceed the actual amount that you have paid to us for ediary.
No waiver by Createl shall be construed as a waiver of any rights or remedies or any subsequent breach of these conditions.
These conditions and any rights to use ediary may not be transmitted or assigned by you but may be assigned by Createl without restriction.
17. Whole Agreement
17.2 Createl’s employees, agents and contractors including its IT support staff are not authorised to make any representations concerning ediary or this Website unless confirmed in writing by Createl. You confirm that you do not rely on, and waive any claims for breach of any such representations that are not so confirmed.
18. Governing Law
Use of this Website and these conditions are governed by the laws of the State of Victoria, Australia and the Commonwealth of Australia and you irrevocably submit to the exclusive jurisdiction of the Courts in those jurisdictions.