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This eSmart Schools Portal ("Portal") is operated by the Alannah & Madeline Foundation ("Foundation").
These Terms and Conditions of Use ("Terms") govern your access to and use of this Portal.
By accessing and using this Portal, you agree to be bound by and comply with its Terms. You must use the Portal in accordance with applicable laws and regulations. If you disagree with any Terms, please leave the Portal immediately; continuing use implies acceptance of the Terms.
As between you and the Foundation, all intellectual property rights of any kind in and to this Portal are owned by, or licensed to, the Foundation and are protected by copyright, trademark and other intellectual property rights and laws. All such rights are reserved. Nothing in these Terms shall be construed as conferring on you any right or licence (by implication, estoppel or otherwise), under copyright or other intellectual property rights, in relation to this Portal and the materials and/or content on this Portal, some of which may be owned by, or licensed to, third parties. To the extent permitted by law, you must not reproduce, copy, transmit, adapt, distribute, sell, modify, or publish the materials and/or content on this Portal in any way, in whole or in part.
(a) This Portal provides certain materials, strategies, actions, access to events and links to resources ("Materials”) in respect of online safety and wellbeing, positive uses of technology, whole-school change processes and the Foundation’s eSmart initiative ("eSmart").
(b) The Foundation reviews the Materials from time to time in assessing their suitability for a school environment. The Foundation uses all reasonable endeavours to ensure, at the relevant time of the applicable review, that the relevant Materials reflect then-current good practice in respect of online safety and wellbeing, technology use for teaching and learning, and change processes in a school environment.
(C) The Materials include materials that are not prepared by the Foundation and access to websites and resources that are not under the Foundation’s control or maintained by the Foundation ("External Materials"). As such, the Foundation cannot provide any assurances in respect of whether the External Materials are changed, maintained and/or kept up to date, or whether the External Materials do not infringe the intellectual property rights or any other rights of any person.
(d) The Foundation uses all reasonable endeavours to ensure that eSmart reflects then-current good practice and that its content is of a high quality in and appropriate to a school environment. Notwithstanding the foregoing, to the maximum extent permitted by law, the Foundation, its employees, officers, representatives, and directors, accept no responsibility in connection with, and will not be liable for claims made, or damage caused (including without limitation in relation to negligence), in relation to:
(i) how any school or any person uses or implements eSmart and/or the Materials; and/or
(ii) any online safety, cyberbullying or bullying incident(s) affecting a user, staff member or other third party.
For the avoidance of doubt, eSmart is not intended to (and cannot) affect or limit the obligations owed by any school to users and any third parties, or to affect the duty of care owed by any school to users and any third parties.
(e) To the maximum extent permitted by law, in no event shall the Foundation, its employees, officers, representatives and directors be liable for any loss of revenue, lost management time, savings, contracts, investment, goodwill, data, or penalties, fines, or for special, indirect or exemplary damages, costs, expenses, or losses (including without limitation for negligence).
(f) To the maximum extent permitted by law, if the Foundation, its employees, officers, representatives and directors are found to be liable for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to these Terms or this Portal (whether that liability arises in contract, tort (including negligence) or statute) their maximum aggregate liability shall be limited to the sum of $1000..
The Foundation may revise these Terms at any time without advance notice. The Foundation will alert users to changes for a reasonable period determined by the Foundation via notification accessible on the Portal and/or by notification on its eSmart newsletter. By using this Portal, you are agreeing to be bound by the then current version of these Terms and the terms of the Privacy Policy.
Any legal issues arising out of the use of this Portal will be governed by the laws of Victoria, Australia and by using this Portal you submit to the jurisdiction of the courts of that State.
