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This eSmart website ("Website") is operated by the Alannah & Madeline Foundation ("Foundation").
These Terms and Conditions of Website Use ("Terms") govern your access to and use of this Website.
By accessing and using this Website, you are agreeing to be bound by the Terms. You must only use this Website in accordance with the Terms. You must comply with all applicable laws and regulations regarding your use of this Website. If you do not agree with any of these Terms, you should leave this Website immediately. By continuing to use this Website, you accept the Terms.
As between you and the Foundation, all intellectual property rights of any kind in and to this Website are owned by, or licensed to, the Foundation and are protected by copyright, trade mark 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 Website and the materials and/or content on this Website, 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 Website in any way, in whole or in part.
(a) This Website provides certain materials, strategies, actions and/or links to resources ("Materials") in respect of cybersafety and wellbeing, positive uses of technology, whole-library change processes and the Foundation’s eSmart initiative ("eSmart").
(b) The aim of the Foundation in offering eSmart to Libraries that register for eSmart (in accordance with the Foundation’s procedures and processes) is to assist Libraries to develop a whole-library approach to managing and preventing cyberbullying, bullying and cybersafety, and to promote the positive use of information and communications technology.
(c) The Foundation reviews the Materials from time to time in assessing their suitability for a library 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 cybersafety and wellbeing, technology use for teaching and learning, and change processes in a library environment.
(d) 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.
(e) 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 library or any person uses or implements eSmart and/or the Materials; and/or
(ii) any cybersafety, 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 library to users and any third parties, or to affect the duty of care owed by any library to users and any third parties.
(f) 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).
(g) 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 Website (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 bulletin post accessible on the Website and/or by notification on its eSmart-associated newsletter. By using this Website 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 Website will be governed by the laws of Victoria, Australia and by using this Website you submit to the jurisdiction of the courts of that State.
