Terms Of Use

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Terms of Use

Welcome! Please review the following Terms of Use which applies between you and Scholastic Australia Pty Ltd ABN 11 000 614 577 and its successors and assigns (hereafter ‘we’ or ‘us’ or similar expressions) , for your use of this Scholastic Website and any Website (including Scholastic Online services) containing the Scholastic Australia name.

By clicking on the ‘I accept the terms and conditions of these Terms of Use’, or otherwise by accessing, using, installing, copying or downloading material from Scholastic Websites you agree to follow and be bound by these terms and conditions, which constitute a legal contract. If you do not agree with them, do not use this Website. These terms and conditions may change during an order in which case we will advise you of such changes.

Intellectual Property

This Website and all the material on it are subject to copyright belonging to us and/or our Suppliers/Licensors.

NOTE: Australian educational institutions, certain Australian State, Federal and Territory government bodies and institutions assisting persons with a print or intellectual disability are entitled to make and communicate copies of material on this Website under provisions of the Australian Copyright Law.

The materials we provide on this Website may be used by you for your personal use with the sole exception of the materials in the Teacher Toolkit which may be downloaded by Eligible Teachers free of charge for use in the classroom, but only in full (including any attribution, such as the name of an artist, author or photographer, where provided and acknowledging the source of the material copied).

There may be other rights you may exercise under the Copyright Law that applies to you, so you must notify us if you intend to exercise these rights. However, copying or communicating any material on this Website otherwise than as expressly permitted above or otherwise by the Copyright Law applicable to you will constitute acceptance of the licence conditions set out above. For written permission contact the Scholastic Australia Rights and Permissions department for the relevant copyright holder or owner.

Nothing in these Terms of Use limits the rights of us to collect monies from Copyright Agency Limited (‘CAL’) under Part VB of the Copyright Act 1968 and section 183 entitlements.

All rights not expressly granted at this Website are reserved. .

Links Policy

Before creating links to a Scholastics Website please request permission by sending your name, address, Website URL, and nature of the website to: webmaster@scholastic.com.au. If you are using frames, please ensure that your links to our Website do not, when activated, continue to display your frames around our Web pages.

Disclaimers and Liability

All care and diligence is taken to ensure the accuracy and currency of information. However, we, our officers, employees and contractors make no representation and accept no responsibility for any error, omission, inaccuracy, misleading information or anything done or not done if you access, use, download, or act in reliance on any representation, information or data contained, linked or distributed through this Website. This Website and its content is therefore provided in its present form, and to the full extent permitted by the law, we make no warranty or representation of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.

All express or implied terms, conditions, warranties, statements, assurances and representations in relation to any items sold online by us are hereby excluded save for:

  1. these terms and conditions;
  2. the conditions and warranties necessarily implied under the law of the relevant State and the provisions of the Competition and Consumer Act 2010 (Cth) and any statutory modification or re-enactment thereof; and
  3. any other terms and conditions to which we agree in writing to be bound.

Any liability of ours which is not excluded by the preceding clause is limited to the extent permitted by law to such one or more of the following as determined by us in our absolute discretion:

  1. with respect to the supply of goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods; or
    3. the payment of the cost of replacing the goods or of
    4. acquiring equivalent goods; or
    5. the payment of the cost of having the goods repaired;
  2. with respect to the supply of services:
    1. the re-supply of the services; or
    2. the payment of the cost of having the services re-supplied.

You acknowledge that except for these terms and conditions, we do not give or make any warranty assurance, promise or representation regarding the quality, fitness for use, suitability or merchantability of goods for any purpose whatsoever, and that in ordering goods or services you have relied entirely on your own knowledge, skill and judgement.

Further, we accept no liability for any direct, indirect, incidental, consequential, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising out of or connected to access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on or via this Website, whether in an action of contract, tort (including negligence), property, trust, unjust enrichment or statutory law.

You should not rely on the content of this Website without, where appropriate, first obtaining advice from relevant consultants and professionals.

This Website contains certain content which is provided by third parties, and the opinions expressed at this Website do not necessarily reflect our opinions.

The disclaimers in this Terms of Use are subject both to any agreement between you and Owner which expressly supersedes this Terms of Use, and to any mandatory statutory or common law to the contrary in your jurisdiction or that of Owner.

Indemnity of User

You agree to defend, indemnify, and hold us harmless, including our officers, directors, employees and agents, from and against any claims, actions, allegations or demands, including without limitation reasonable legal and accounting fees on a full indemnity basis, arising from or in connection with your use of the material on this Website or your breach of the terms of these Terms of Use. We shall provide notice to you of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Third Party Products/Services/Hyperlinks

No endorsement of any third party or its products, services, or websites is intended by any content, links or third party advertisements (including banner ads containing embedded hyperlinks) on or to this Website. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third-party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by us, and we are not responsible nor liable to you for the delivery of goods or services you buy on any third party website.

User Conduct

Derogatory, harmful or unlawful conduct is not permitted on Scholastic Websites . Users are not permitted to upload to, distribute through, or otherwise publish through Scholastic Websites any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, discriminatory, abusive, illegal or otherwise objectionable, or that would constitute or aid and abet a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

As part of the registration process for Scholastic Online you will select a password. You should take care to keep this password confidential. From time to time authorised Scholastic Australia staff may need access to your account using a master password to resolve outstanding issues.

Privacy

Any sensitive or personal information of yours that we collect from your use of this Website will be handled by us in accordance with our privacy policy.

Pricing

With respect to goods and services sold by us online from time to time, some items in our online stores may be incorrectly priced. If we discover an item that you have ordered is incorrectly priced, we may do one of the following:

  • If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price.
  • If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions on your payment of the difference in amounts. If we become aware of the issue before the item has shipped, or if you do not agree to pay the difference in amounts, we reserve the right to cancel your order and notify you of such cancellation.

Severability

If a provision, or part of it, of these terms and conditions is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these terms and conditions will otherwise remain in full force.

Governing Law

This Terms of Use is governed by the laws of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Whole Agreement

These Terms of Use sale and any variation expressed in writing represent the whole agreement between the parties relating to the subject matter of these terms and supersedes all oral and written negotiations and communications by and on behalf of either of the parties. You have not, in entering into this Agreement, relied on any warranty, representation or statement, whether oral or written, made or published by us or any of our servants or agents relating to or in connection with the subject matter of this agreement.

Interpretation

In these Terms of Use, unless the subject or context otherwise requires:

Copyright Law means the Australian Copyright Act 1968 (Cth), any policies, regulations, codes, or guidelines incorporated by reference therein, and the Common Law pertaining to matters of Copyright within the Commonwealth of Australia’s courts of jurisdiction.

Eligible Teacher means a teacher providing educational instruction whilst in the employment of an educational institution in accordance with the Copyright Act 1968.

Licensor means any third party who may provide products or services under License for us to advertise, promote or provide in connection with this Website.

Owner means the owner of Intellectual Property connected with this Website.

Scholastic Website includes references to ‘this Website’ and means the website address of www.scholastic.com.au and all of its associated sub-pages, and any website (including Scholastic Online services) containing the Scholastic Australia name.

Supplier means any third party who may advertise, promote or provide products or services in connection with this Website.

You and similar expressions means you, the person, jointly or severally if more than one, using this Website and / or acquiring or proposing to acquire Goods or Services from Scholastics, and your administrators successors and assigns..

Terms Applying to Orders

All Orders for goods and services sold online are subject to the terms and conditions specified in the order documentation provided by us, and otherwise to the following terms to the extent that they are not inconsistent with the terms in the order documentation;

OFFER & ACCEPTANCE: We shall not be bound by any order given in pursuance of any quotation until it is accepted in writing by us, or by the commencement of supply of goods or the provision of services.

PAYMENT TERMS: unless you have a separately documented credit arrangement with us, payment is required for 100% of your order upon acceptance of the order by us.

DELIVERY: Any date quoted to you for delivery is an estimate only. We shall not be liable to you for any loss or damage howsoever arising even if arising out of any negligence of ours for failure to deliver on or before the quoted date.

TITLE & RISK: Risk in goods passes to you immediately upon delivery. Notwithstanding the delivery of the goods or part thereof, the goods remain the sole and absolute property of ours as full legal and equitable owner until such time you shall have paid us the full purchase price together with the full price of any other goods the subject of any other contract with us.

FREIGHT: Unless we agree with you that you will collect the Goods, we will arrange for delivery of the goods to the address you nominate on the order, or if you have not nominated a location, then to the address we have for you on file. All costs to us to deliver you order will be passed through and added to the price of your order.

GST: GST has the meaning given in the GST Act. Unless otherwise provided in this Agreement, any moneys payable have been calculated without regard to GST.

Customer Contact

Tel (02) 4328 3523 (8.00am to 5.30pm, Monday to Friday)

Email customer_service@scholastic.com.au

Terms of Use last revised: May 2014.