Terms and Conditions - Snap Cards Educator’s Kit

Introduction

Photzy Pty Ltd (ACN: 165 601 785) (we, us and our) has developed the Snap Cards Educator’s Kit product (Product) and is conducting a trial with selected educators (you and your) for the purposes of evaluating the response to their use of the Teacher’s Kit and obtaining feedback to improve the Product (Pilot).

You have expressed interest in participating in the Pilot.

These terms and conditions govern your use of the Product and your participation in the Pilot.

 

Scope of our Service

We provide the Product. The Product which we offer may vary from time-to-time.

We are not responsible for any communication, interaction or relationship between you and any other person in connecting with the Pilot.

We may, at any time, enhance and/or alter the features of the Product at our sole discretion and without notice to you.

Nothing in these Terms and Conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us.
You acknowledge the Product is provided to you in beta mode, as part of the Pilot, and is still in development. By using the Product, you acknowledge that it:

• may contain bugs or errors which may interrupt use of the Product;
• may be incomplete; or
• may materially change prior to a commercial launch.

Any warranties or promises made by us about the Product are to be qualified by this statement.

 

Your Responsibilities

You warrant that:

• you are at least 18 years old;
• the details you provide to us about yourself are true, accurate and complete;
• promptly follow all directions from us in respect to your conduct in connection with the Pilot;
• at all times in dealings with us, clients of ours, partners, sponsors, suppliers and contractors conduct yourself in a manner that protects and enhances our reputation;
• comply with all applicable laws and regulations when using the Product; and
• bear all costs and expenses related to your use of the Product and participating in the Pilot; and
• you will comply with any policies published by us and provided to you.

You must not:

• impersonate others;
• misrepresent your affiliation with others;
• post reviews or commentary to promulgate deceptive or offensive or extreme opinions or any other illegal, malicious or deceptive activities;
• interrupt or attempt to negatively impact or alter the operation of the Product in any way; 
• use the Product in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
• use the Product to develop a solution that is the same or substantially similar to the Product; 
• licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Product available to any third party; or
• except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available as part of the Pilot.

 

Fees and Payment

In consideration of provision of the Product you must pay us the fees, notified to you by us in writing.

During the Pilot, the Product is provided to you for a discounted fee. We reserve the right to vary the fee from time-to-time.

In order to get access to the Product you must pay the fees to us upfront as a one-off payment for 365 days of use.

Unless stated otherwise, all fees are exclusive of Goods and Services Tax and any other similar taxes or levies.

Upon written request we will send you an invoice for the fees.

 

Linking

In connection with the Product and during the Pilot we may from time to time contain links to other websites. These are provided for convenience only. 

We have no control over or responsibility for anything on those websites. 

Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

 

Disclaimers

While we take all due care in providing the Product, we do not provide any specific warranty, either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law. 

We take all due care in ensuring that the Product is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Product or any linked websites made available in connection with your participating in the Pilot.

 

Liability and Indemnity

We exclude liability for any of these things incurred by you: loss of revenue, loss of earnings, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, Consequential Loss or special loss, damage or expense. 

You acknowledge that some of risks cannot be eliminated. You specifically assume the risk of injury or harm arising from use of the Product and or in connection with the Pilot. 

We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability. 

We are not responsible for any injury (whether physical or mental) and/or any loss of property, that occurs while you are you are using the Product or in connection with the Pilot.

To the full extent permitted by the law, our liability for our breach of any guarantee, condition or warranty is limited to AUD$1.

We accept no liability for any loss caused in whole, or in part, by your misuse of the Product.

You indemnify us against claims, actions, proceedings, losses, damages, expenses and costs asserted in respect of or awarded against us in respect of your use of the Product or in connection with the Pilot.

For the purposes of this clause Consequential Loss means loss of revenue, loss of earnings, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

 

Data

As part of the Pilot we will require you to provide us information about yourself and other information which is not personal information (Data).   

You grant to us a perpetual, worldwide, non-exclusive, transferrable licence to enable us to use the Data to provide the Product, improve our business functions, share the Data with third-parties and for our own records.

We may make the Data available to other companies, organisations or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data that you provide to us as part of the Pilot.

 

Privacy

In order to use the Site, you must provide us with certain information about yourself. To the extent that this information is Personal Information (as defined in the Privacy Act 1988 (Cth)) we will handle and store this information in accordance with our Privacy Policy.

 

Intellectual Property

You acknowledge that any intellectual property rights (including graphics, logos, design, or icons) relating to or incorporated into the Product remain the property of us and/or our licensors. 

You hereby grant to us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Product or in any part of our business any general suggestions, enhancement requests, recommendations or other feedback provided by you.

 

Termination

We reserve the right to terminate your involvement in the Pilot and your use of the Product if, at any time, you breach these terms and conditions.

If you no longer wish to participate in the Pilot, you must provide us with written notice.

 

Feedback

We may contact you, by email or the phone number you provided, to obtain your feedback on your experience using the Product and your involvement in the Pilot.

 If you wish to make any comments about the Product or your experience with the Pilot, we encourage you to provide us feedback by contacting us by email at [email protected]

 

Updates to the Terms and Conditions

We may change these terms at any time. 

You should also keep track of whether changes have been made to these terms and conditions by referring to the date of publication at the end of this page. We will endeavour to provide you with written notice if we update these terms and conditions.

If you access the Product following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer use the Products. 

 

Notices

Any notice we send to you will be emailed to the email address that you provide to us when registering for the Pilot.

 

General

If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.

Published: 30 July 2020