Terms and Conditions
1. IN THESE TERMS & CONDITIONS (“Terms”) the following expressions shall have the following meanings:
a) “The Business” means Cyber Safety Project PTY LTD ABN 85 623 529 680 and their licensees and agents;
b) “The Customer” means any person who agrees to abide by these terms on their own behalf or on behalf of any other person and any person whose agent agrees to abide by these terms.
c) “The Equipment” means the equipment described in any Order received by the business from the customer;
d) “Period of hire” means the period of time described in the Order or any extension thereof;
e) “Event Date” means the date of the customer’s workshop, presentation and or event.
f) “Event Facilitator” means a person hired from the business by the customer to facilitate the customer’s event, as part of a package for the period of hire.
g) “Package” means an agreed service offering selected by The Customer.
h) “Order” means a paid request for products and or services from The Business;
i) “Person” includes a company, legal entity or body of persons;
j) Website” means the domain www.cybersafetyproject.com.au
k) “Event Venue” means the location (personal ownership, booked, borrowed, loaned or hired)
GENERAL
2. These terms apply to all contracts for the sale of products and or services by the business to its customer notwithstanding any conditions to the contrary contained in any purchase order or otherwise except as expressly agreed in writing and acknowledged by the business.
3. Property in any goods and services supplied shall remain vested in the business and shall not pass to the customer or any other party until the invoice relative to such goods shall have been duly and fully paid. Notwithstanding the foregoing all parts and goods are at the risk of the customer from the time of supply.
4. Every care is taken to ensure that products and services supplied by our business are in good and useable condition. No claim to the contrary will be entertained unless received in writing by the business within seven (7) days of delivery to the customer.
5. The business shall be not be liable to the customer for any loss or damage or consequential loss or damage arising from the use of the equipment or delivery of services to the customer howsoever caused and of whatever nature that damage or loss might consist of. In the event that this provision should be declared unlawful then in view thereof the business’s liability to the customer will not in circumstances exceed the total consideration paid by the customer to the business in respect of an Order.
6. The business makes no representation or warranty that any goods and or service provided by the business to the customer is suitable for your intended purpose or that it will meet your expectations. The business will use its best endeavours to ensure that any goods and or service provided is accurate, timely, in good working order and secure (as the case may be) but does not make any warranty or assurance in this regard.
7. We may vary these Terms, our Privacy Policy and our Order Policy from time to time and we recommend that you regularly review the terms and the Policy that will be made available on our website.
8. You agree that these Terms and our Order Policy set out the entire agreement between us with respect to your access to, and use of, our products, services and information.
9. Should any term or provision of these Terms be held to be invalid or unenforceable by a Court of competent jurisdiction, such term or provision shall be severed from these terms and the remaining terms and provisions shall remain in full force and effect.
10. Any failure to act with respect to a breach by the customer or others does not waive the business’s right to take action with respect to subsequent or similar breaches.
11. These Terms are governed by and construed in accordance with the laws of the State of Victoria and you consent to the exclusive jurisdiction of the Courts of that State (including Courts having an appellate jurisdiction therefrom).
12. Waiver of any breach of these terms by the business shall not constitute a waiver of any subsequent or continuing breach.
13. Neither party shall be liable for any failure or delay in performance under these Terms for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
SERVICES, PRODUCTS & PACKAGES
14. The customer is entitled to receive the service from the business, Event Facilitator or it’s suppliers for the period of hire described in the Order.
15. The customer agrees to pay the business the Order fee and other charges for the services as required for the period of hire.
16. The customer agrees to pay the business the Order fee and other charges for the service within 14 days of The Event. Any overdue accounts will be subject to a 1% surcharge per day thereafter.
17. The customer agrees that when an Event Date that requires an Event Facilitator to be onsite and government restrictions are imposed whereby Event Facilitators (external providers) are not permitted onsite, the Event Date and Order will be facilitated digitally via an agreed platform.
18. The customer agrees that;
a) The service provided by a Cyber Safety Project Facilitator do not under any circumstances include the supervision and or care of a person attending an event date. Teachers, Parents and careers are responsible for the behaviour and safety of those persons attending an event date;
b) The Event Venue has been inspected prior to the Event Date ensuring the space is suitable in size, is free from obstructions and complies with National Safety Standards.
c) The Cyber Safety Project Facilitator is not responsible for the setting up or packing down of your event space not relegated to the package ordered from the business (unless otherwise agreed), and will leave the event venue at the end of the period of hire;
d) They will report to the business within 24 hours any damage or any event which may give rise to a claim by any person against any party for injuries to persons or damage to property arising out of the use of the services provide.
19. The customer acknowledges that:
a) Resources supplied as part of a package are subject to availability. The customer agrees to permit the business to submit a suitable replacement at the business’s discretion for any product and or merchandise that is not available when required.
b) The business may take photos or videos at the customer’s venue for promotional use, including the Cyber Safety Project website, Promotional material, Facebook, Instagram, Twitter and YouTube Social Networks, unless you otherwise advise to the contrary.
c) The business may use the customer’s (school/organisation) logos to promote partnerships or affiliations via the business’s website, social media and marketing materials for the duration of partnership.
d) The business may take photos whereby community members including students, staff or volunteers may be included. Consent to take photos or videos will be obtained with the processed of how material will be captured, stored and published clearly communicated.
e) Whereby individuals may be personally identified in photography or videography, written consent will be obtained via the Cyber Safety Project Consent For Electronic Recording &/or Publishing media release form. This form will be provided in advance and completed prior to the capture of images and videos.
f) All intellectual property, including newsletter flyers, templates, lessons, videos, curriculum, resources and templates are subject to copyright and may not be used or accessed outside of the intended use for the event date.
g) Travel surcharges apply to events hosted outside of 30km of Melbourne CBD to cover The Facilitators time and travel expenses.
CYBER SAFETY PROJECT WEBSITE
20. The information provided on our web site is for residents of Australia only and should not be relied upon by residents outside of Australia.
21. The customer warrants that any information provided to the business will be true, complete and accurate.
22. You agree that the business may use the information you provide, to send you information about our products and services in the ordinary course of our business (unless you otherwise advise to the contrary).
23. The customer will not use any information, newsletter flyers or curriculum obtained or created through the business for any illegal or unlawful purpose or in breach of these terms.
24. Copyright in all the product, merchandise, material, software, layout, design, text, graphics and code contained on or used to produce the web site, newsletters and curriculum, videos, lesson templates and activities are subject to copyright. Other than as permitted by the business or these terms your use of anything in which the business has copyright is governed by the copyright laws of Australia.
25. The business believes that the information and material provided on this web site is correct at the time of compilation but does not warrant the accuracy or currency of that information and material. You should carefully check the information and material (where relevant) to determine its currency.
INTELLECTUAL PROPERTY
26. Cyber Safety Project retains ownership of hard copy resources and digital content (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
27. You may make a temporary electronic copy of all or part of hard copy resources and digital content provided by the Cyber Safety Project for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Cyber Safety Project hard copy resources, digital content without prior written consent from Cyber Safety Project or as permitted by law.
CANCELLATION POLICY
28. The Customer agrees that if they wish to cancel or reschedule the event date that;
a. Cancellations or reschedules made within 7 days of the event will forfeit 50% of the Order fee.
b. Cancellations or reschedules made with 14 days of the event will forfeit 25% of the Order fee.
c. Cancellations or reschedules can be made 15 days of the event will forfeit 10% of the Order fee.
29. The customer agrees that if they wish to cancel or reschedule, they will be billed for any associated travel costs incurred by the business that cannot be reimbursed by relevant providers.
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