School Ninja Terms and Conditions

Last updated April 2021

These Terms and Conditions outline the rules and regulations for the use of School Ninja’s Website and Services (Our Services). This document is to be read in conjunction with the details of your Subscription and our Privacy Policy. By installing, accessing or using Our Services or any of the content made available via Our Services, the User agrees to comply with the obligations set out in this Agreement.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: 

• ‘User’, ‘You’ and ‘Your’ refers to you, the person, school or organisation accessing this website schoolninja.au and any of its services 
• ‘School Ninja’, ‘The Company’, ’Ourselves’, ‘We’, ‘Our’ and ’Us’, refers to our company, School Ninja.
• ‘Our Services’, refers to all products, services and features on schoolninja.au and through any Website and Mobile Application on our servers. 
• ‘User Accounts’, refers to all customer accounts including both premium subscription and free subscriptions.
• Paid Subscription’, refers to all paid and premium memberships including Publisher, Teacher Pro, Tutor Pro
• ‘Free Subscription’, refers to all free subscription memberships including student, parent and teacher free.
• ‘Subscription Period ’, refers to the period of the subscription as set out in the Subscription terms. Typically per month or per year
• ‘Vendor’, refers to Users approved as a Vendor.
• ‘Terms’, refers to these Terms and Conditions
• ‘User Generated Content’, ’Content’, refers to any content posted, commented, messaged, uploaded and shared by any User on School Ninja.

1. Terms and conditions

1.1 Terms

1.1.1 Unless otherwise expressly agreed in writing by School Ninja (School Ninja), the Terms and Conditions set out in this document (Terms) apply to all memberships, accounts and subscriptions (User Accounts) by any customer (User) to use School Ninja’s online learning services and related components, products and services (Our Services). 

1.1.2 By accessing and using Our Services, or providing it to other persons, including teachers, students, school staff and parents (Users), to use in accordance with these Terms, the User agrees to comply with these Terms and any additional terms set out in the Subscriptions agreed with the User. These Terms are legally binding on the User, all Users and all Accounts.

1.2 Amendment 

1.2.1 These Terms may be amended from time to time by School Ninja by updating the version uploaded to the School Ninja website (schoolninja.au). This may include periodic changes to our Privacy Policy, Copyright & Trademark Policy, Vendor commissions, or any other policies which are incorporated as part of these Terms.

1.2.2 Whenever the amendments we make are relevant to you, we will attempt to notify you before those amendments come into operation by posting a notification detailing the changes (and dates changes will take effect) in and around our Services or by sending you a message to the email address provided in your account. Continuing to use Our Services after these changes come into effect is indicative that You accept these Terms.

1.3 Inconsistency 

1.3.1 If there are discrepancies between the Terms in this document and any other agreements between School Ninja and the User these Terms will take precedence unless expressly agreed in writing between School Ninja and the User.

2. Subscriptions and memberships

2.1 The User may agree to subscribe as a member to Our Services by registering to the website with a valid email address. During registration the User is required to acknowledge they have read the Terms and that Their use of Our Services is dependent on agreeing to and adhering to these Terms.

2.2 Where a User can create User Accounts without the Terms being visible, the User agrees to only create User Accounts in compliance of these Terms and to make these Terms available to all User Accounts.

3. Terms of membership

3.1 Free Subscriptions

3.1.1 Any User or User Account for School Ninja or Our Services that does not require a payable registration fee is considered a Free Subscription (Free Subscription).

3.1.2 Free Subscriptions do not require payment and are free for Users to access in accordance with these terms. Free Subscriptions will remain active for up to 2 years of non activity, after which time may be deactivated according to our Privacy Policy.

3.2 Paid Subscriptions

3.2.1 Any User or User Account for School Ninja and Our Services that requires a payable registration fee is considered a Paid Subscription (Paid Subscription). The period of the Paid Subscription will be set out in the Subscription Period (Subscription Period) or in written agreement with School Ninja. The Subscription Period is typically charged on a per month or per year basis with the commencement dates as cited in 3.3 Commencement of Subscription – School Year. 

3.3 Subscription terms and service availability

3.3.1 School Ninja shall endeavour to ensure that Our Services are made available to Users 24 hours per day, 365 hours per year with particular focus on active school times. We shall use reasonable commercial endeavours to provide continuing availability of this website, all applicable online management systems and our services. We will minimise any downtime or interruptions to the availability of this website, all applicable online management systems and Our Services.

3.3.2 To the maximum extent permitted by law, all other conditions, warranties and guarantees expressed or implied by any legislation, the common law, equity, trade, usage or otherwise in relation to the supply of services under this Agreement or otherwise in connection with this Agreement, are expressly excluded. We make no warranty, express or implied, that (i) the Services, access and use of our systems, or information received by any party through use of Our Services or systems, will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable or of any particular quality or standard, or (ii) any terms and conditions made available to you (or your end-customers) through our systems or our website are valid, enforceable or comply with all applicable laws. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service or access to our systems.

3.3.3 We specifically disclaim any and all warranties, representations, terms and conditions related to or in connection with the products, services and performance of third parties, regardless of whether you (or your end-customers) are aware that any such product, service or performance is provided by a third party.

3.4 Liability and Indemnity

3.4.1 To the maximum extent permitted by law and subject to clause 3.3.3, you agree that we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to these Terms and the Subscription Terms.

3.4.2 Our total liability for loss or damage of any kind not excluded by clause 3.4.1, however caused, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this Agreement shall not exceed an amount equal to the Fees paid by you to us in the preceding one (1) month for that Service.

3.4.3 You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with these Terms (except to the extent such a third party claim arises as a direct result of our breach of these Terms), and/or (ii) arising in connection with your breach of these Terms.

3.4.4 The damages payable by one party to the other party under or in connection with this Agreement will be reduced to the extent that the act or omission giving rise to liability to pay those damages was caused or contributed to by that other party.

3.5 Commencement of Subscription – School Year

3.5.1 Where Paid Subscriptions are based on the school year, the Subscription Period is outlined by the academic year based on the physical business address of the User and User Accounts. For Users in the southern hemisphere, each Subscription Period will commence from 1 January of the calendar year. Half year subscriptions will end on 30 June, while full-year subscriptions end on 31 December in the same calendar year. 

For Users in the northern hemisphere, each Subscription Period will commence on and from 1 July of the calendar year and end on 30 June in the following year. School Ninja may, at its sole discretion, extend the length of the Subscription Period if requested by a User.

3.6 Subscription Cancellations and Renewals. 

3.6.1 Where a User has paid for a subscription to Our Services, the subscription will automatically renew upon expiry of the Subscription Period. 

3.6.2 When a subscription has been renewed (either per month or per year) these Terms will continue to apply to a renewed period equivalent to the Subscription Period provided that the User pays School Ninja the agreed fees in the Subscription Period. 

3.6.3 If a User does not renew a Paid Subscription, all Subscriptions permissions and services relating to that User will revert to Free Subscriptions at the time the most recent subscription period expires. In order to regain access to the Paid Subscription features the User will need to purchase a new Paid Subscription product to begin a new Subscription Period.

4. Vendors and Publishers

4.1 Becoming a Vendor and Publisher

4.1.1 Any teacher account can apply to become a Vendor to sell their digital resources and physical products on School Ninja. To become a Vendor, Users must supply a valid ABN or ACN for their business and inform School Ninja if they are registered for GST.

4.1.2 School Ninja gives Vendors access to create their own unique online store in School Ninja, to upload and sell digital Resources and feature their products in the School Ninja Marketplace. School Ninja acts as the Agency of Sale to sell Your products through schoolninja.au  on Your behalf. School Ninja takes a fee for the cost of each product but does not own or pretend to own the products represented by Vendors. 

4.1.3 School Ninja allows Vendors to publish and promote their Resources on https://schoolninja.nert in Your online store, through the School Ninja Marketplace and allow these resources to be visible through search engines and Search Engine Optimisation. However, School Ninja makes no guarantee of the ranking power or visibility of these resources in search engines, nor do We make any guarantee of sales, projected sales or projected incomes through School Ninja. As a Vendor, You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses incurred from using Our Services to promote and sell products through School Ninja and The School Ninja Marketplace.

4.2 Vendors and GST

4.2.1 Customers are only charged GST for Your products if you are registered for GST which is added to the sale price at checkout. You will receive the GST portion of the sale which you will then be required to remit to the Australian Tax Office per your businesses tax obligations. As a Vendor:

• you will only declare you are registered for GST if your business is registered for GST
• you will remit any collected sales tax that School Ninja provides to you to the appropriate taxing authorities in accordance with applicable laws.
• you agree that School Ninja shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such services, goods or resources available on or through any of Our Services. 
• you agree to indemnify, defend, and hold harmless School Ninja, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings (i) brought by third parties related to your use or misuse of the Tax Services or any other tax services you use in connection with the Services; and (ii) brought by any taxing authority, related to your failure to properly remit any taxes which are owed by you in in connection with your use of the Services. 

4.3 Product review, quality guidelines and fraud prevention

4.3.1 All Vendor products published on School Ninja are required to go through a review process when they are first published and when the products are edited. Vendors may edit their products at any time, however before the products are published on School Ninja, they must be reviewed to ensure that the products meet user guidelines and are genuine products and not suspect to fraud. By operating as a Vendor on School Ninja you agree that you maintain the rights to sell your products and services through School Ninja. 

4.4 Vendor payments

4.4.1 Vendor payments are made to vendors on the 15th day of every month and will include all sales made in the previous month. That is all sales in January will be paid to Vendors on the 15th of February. Upon request, School Ninja can at its sole discretion make payments to Vendors prior to this date upon written request from the Vendor. The fees and rates of Vendor payments are outlined in the subscription guidelines.

4.4.2 School Ninja will not and is not required to make any payment to a Vendor for any sale which is pending, has been cancelled or refunded, or is in the process of cancellation or refund.

4.4.3 Vendor payments are made using Paypal payments and Vendors are required to have a Paypal Business account with a Paypal email address listed in their Vendor account to receive payments. School Ninja does not keep any bank account information on its servers and as such will not make payments via bank transfer or bank deposits.

4.5 Vendors and refunds – School Ninja Marketplace Refund Policy

4.5.1 All products sold through the School Ninja Marketplace are subject to a refund policy according to refund and return guidelines of the ACCC. As the Agency of Sale, School Ninja will mediate purchases for all products sold through the School Ninja Marketplace in the first 14 days after the sale. Vendors must ensure that the products they sell fit the purpose and description of their intended use. A customer is entitled to request a refund if They feel there is a substantial problem with the product, or the product does not do what it is expected to do. School Ninja will, at its discretion, issue a refund for products within the 14 days after the sale which are:

• Damaged, corrupted or misrepresented from the product description.
• Can’t be opened and did not include the required technical information required to open.
• a duplicate purchase and/or where the User purchased the product but changes of circumstances meant They no longer require the product and never downloaded the product from Their account.

4.5.2 In accordance with the ACCC, the Customer is entitled to request a refund where there is major fault with the product, however is not always entitled to one subject to the Consumer Guarantee. For more information on refunds, please refer to the ACCC website at https://www.accc.gov.au/.

4.5.3 Where the product sale exceeds 14 days and the Customer wishes to request a refund, School Ninja may release the contact details and ABN and ACN of the Vendor to the Customer so the Customer can follow up for a refund directly with the Vendor. 

4.5.4 Where a refund for a product has been issued to the User, all payments to the Vendor for that sale are void. In the event that the Vendor has been remitted payment for the sale, they will be required to organise a return payment to School Ninja. Where a Vendor is owing payment to School Ninja, School Ninja reserves the right to, at its discretion, withhold any future payments for sales to a Vendor until all required payments are settled.

5. Licences and Intellectual Property

5.1 Licences 

5.1.1 Unless otherwise stated, School Ninja and/or its licensors own the intellectual property rights for all material on School Ninja. All intellectual property rights are reserved. You may view and/or print pages from https://schoolninja.au for your own personal use subject to restrictions set in these Terms and conditions. You must not:

1. Republish material from https://schoolninja.au
2. Sell, rent or sub-license material from https://schoolninja.au
3. Reproduce, duplicate or copy material from https://schoolninja.au

Redistribute content from School Ninja (unless content is specifically made for redistribution).

5.2 User Licenses

5.2.1 Upon receipt of payment by the User, School Ninja will grant to the User a limited, non-exclusive, non-transferable licence to access Our Services for the Subscription Period in accordance with these Terms and the terms of the Subscription. 

5.2.2 The User may then grant access to Our Services for the number of Users specified in the Subscription, but to no other persons without the prior written consent of School Ninja. The User shall provide all necessary details of Users to School Ninja for the purpose of enabling access to Our Services. 

5.3.3 All Users in Our Services require a valid and working email address on which to register their account. The User is responsible for notifying School Ninja when any User Account should be disabled (e.g. because a student leaves the school or is otherwise no longer permitted to access Our Services).

6. Price and Payment

6.1 Price. 

6.1.1 The price payable for a User’s subscription to Our Services (Price) will be the price set out in the Subscription or otherwise agreed in writing between School Ninja and the User. In the absence of either agreement, School Ninja’s standard prices applicable at the time the relevant Subscription is accepted by School Ninja.

6.1.2 Where a User purchases a Subscription at a promotional price, all subsequent Subscription Renewals will be charged at the standard prices applicable. At the time of renewal the relevant Subscription is accepted unless otherwise agreed in writing between School Ninja and the customer.

6.2 Subscription Payments. 

6.2.1 Individual accounts – Subscriptions sold to individuals, including individual Paid Subscriptions are payable on the day set out in their subscription terms. Payment will be taken automatically with the chosen card used when the subscription was first purchased and can be managed at the User’s My Account page. Unless expressly stated in writing, all amounts payable to School Ninja will be exclusive of goods and services tax (GST).

6.2.2 School and business accounts – For all school and business accounts which do not include Paid subscriptions sold to individuals, unless otherwise stated, the Price will be payable within 90 days of the date of the Invoice (Due Date) unless agreed in writing between School Ninja and the User. Unless expressly stated in writing, all amounts payable to School Ninja will be exclusive of goods and services tax (GST).

6.3 Failure to Pay

6.3.1 If the User fails to pay any amount due to School Ninja following the Due Date outlined in section 6.2, all Subscriptions relating to that User will revert to Free Subscriptions. If the User pays The Price after this date, all Subscriptions relating to that customer will be restored to the subscriptions outlined in their Subscription. School Ninja may, at its discretion, charge interest on any overdue amount up to 1% per calendar month for additional administration.

6.4 Cancellations and Refunds 

6.4.1 All new Paid Subscriptions and new Users have a 30 day cancellation guarantee. This guarantee is dated from the first day as outlined in the Registration Period. To qualify for the refund Users need to either cancel their User Account manually, or apply in writing to School Ninja to cancel your User Account.

6.4.2 The User will not be entitled to a refund or reduction of the Price if the User chooses to cancel its subscription of Our Services before the end of the Subscription Period. If the User chooses to cancel their Paid Subscription, they will continue to have access to their Paid Subscription until the end of their Subscription Period. Additionally, Users who have their accounts suspended or deactivated for breaching these Terms will not qualify for a refund for the remainder of their subscription period.

6.4.3 Users who are a School in Australia will qualify for a refund for any unused User Accounts lodged by the Census dates of that year (February and August).

7. Permitted Access and Use

7.1 Limited Use

7.1.1 Unless School Ninja agrees otherwise in writing, the User is provided with access to our Services only for its educational or internal business use and otherwise in accordance with the Licence (License). The terms of the License are inclusive of these Terms, our Privacy Policy, Subscription and all legal requirements for education providers and education professionals. The User must not themselves, and it must ensure that the Users do not, use the Services for any other purpose without the prior written consent of School Ninja. 

7.2 User responsibility for User Accounts

7.2.1 It is the responsibility of the User to ensure that all User Accounts it creates are either Students legally under their educational care, adults legally allowed to teach children, educational staff legally allowed to work with children, or are parents and guardians of children with User Accounts. School Ninja may at any time seek confirmation of either identifying documents, or accredited working with children checks. 

7.2.2 The User agrees that all communication by and between Users in Our Services must be solely for the purpose of educational or internal business use. Examples of appropriate use are defined by the Department of Education – education.vic.gov.au. The User will have access to all internal communications sent to and from User Accounts it creates and is responsible for managing content that may breach these Terms. 

7.2.3 School Ninja reserves the right to notify any User of individual User Accounts it flags as inappropriate and may suspend, deactivate or delete any individual User Account which it believes has breached these Terms.

7.3 Email Addresses

7.3.1 Where a User Account has an email address which is no longer valid (such as the User graduating from their school) the user will be required to update their email address to a valid email account. If that user had a Paid Subscription with their school, their account will automatically revert to a Free Subscription. The User will no longer have access to groups associated with their School, however will retain all data relating to their account including Messages, Courses and Badges.

7.4 User Generated Content

7.4.1 Certain parts of Our Services offer the opportunity for Users to post and exchange opinions, information, material and data (User Generated Content) in areas of the website. User Generated Content pertains to any content created, posted, shared, uploaded and put onto School Ninja’s servers by a User. School Ninja does not screen, edit, publish or review User Generated Content prior to their appearance on the website and User Generated Content does not reflect the views or opinions of School Ninja, its agents or affiliates. 

7.4.2 If you create quizzes, comment via forum discussions, post material and links on Our Services or otherwise make material including all User Generated Content, Content or Resources, you are entirely responsible for the content of, and any harm resulting from, that User Generated Content, Content or Resource. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other format in which School Ninja stores data. You are also entirely responsible for ensuring that you are lawfully entitled to use any information and content. School Ninja does not assume any responsibility for damage caused by your acts, errors, omissions or negligence with respect to the content you post to School Ninja.

7.4.3 User Generated Content solely reflects the view and opinion of the person who posts such a view or opinion. To the extent permitted by applicable laws School Ninja shall not be responsible or liable for the User Generated Content or for any loss of income, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the User Generated Content on this website.

7.4.4 You agree that you are entitled to post the User Generated Content on Our website if you have all necessary licenses and consents to do so and You hereby grant to School Ninja a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your User Generated Content in any and all forms, formats or media. You hereby agree the User Generated Content You post, share, upload, comment and create:

• does not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party
• does not contain any defamatory, libelous, offensive, incendiary, indecent or otherwise unlawful material or material which is an invasion of privacy
• will not be used to solicit or promote business or custom or present commercial activities or unlawful activity
• will not be used to solicit, engage in or promote personal relations with persons under the age of 16 for the purpose of grooming and any other predatory and criminal behaviour

7.4.5 Where the User is the Organizer of a Group (Group Organizer), the User acknowledges that they are the moderator of that group and will remove or report any User Generated Content produced by any User in their Group who they believe breach these Terms as listed in 7.4.4. Where User Generated Content is posted into Groups that breach these Terms, and the Group Organizer does not remove these comments, both the User and the Group Organizer may have their accounts temporarily or permanently suspended.

7.4.6 School Ninja website, Mobile Application and Our Services are intended to be educational. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Service. School Ninja reserves the right to suspend or terminate your ability to access School Ninja if you post illegal or prohibited content on School Ninja. School Ninja may investigate and take appropriate legal action against anyone who, in School Ninja’s sole discretion, violates this provision, including without limitation, removing the offending User Generated Content from Our Services and terminating the accounts of such violators. 

7.4.7 Prohibited Content includes, but is not limited to, Content that, in the sole discretion of School Ninja:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual
• harasses or advocates harassment of another person
• exploits or encourages the exploitation of people in a sexual or violent manner;
• contains anything sexually suggestive, nudity not related to the study of art, medicine or another bonafide educational field, portrays or glorifies excessive violence without educational merit, or constitutes offensive subject matter
• solicits personal information from anyone under 18
• publicly posts information that poses or creates a privacy or security risk to any person
• includes information about another person that you have posted without that person’s consent
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
• constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
• involves the transmission of ‘junk mail,’ ‘chain letters,’ or unsolicited mass mailing, instant messaging, or ‘spamming’
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
• involves commercial activities and/or sales without prior written consent from School Ninja such as contests, sweepstakes, barter, advertising, or pyramid schemes.

7.5 Monitoring and Mandatory Reporting

7.5.1 School Ninja reserves the right to monitor all User Generated Content and to remove any content which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms as outlined in 7.4.7. As School Ninja is an education provider, We adhere to all guidelines and legal requirements around mandatory reporting and if We form the reasonable belief that any User is the victim of child sexual exploitation or grooming, and/or any User is using Our Services for the purpose of grooming and other sexual predatory behaviour we will follow all required procedures according to the Mandatory Reporting laws and obligations in Australia.

7.6 Content posted and shared from 3rd party website and website links

7.6.1 We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which School Ninja links, and that link to School Ninja. School Ninja does not have any control over those websites and webpages that are not part of School Ninja, and is not responsible for their contents or their use. 

7.6.2 By linking to an external website or webpage, School Ninja does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. School Ninja disclaims any responsibility for any harm resulting from your use of non School Ninja websites and webpages.

7.7 User Activity

7.7.1 School Ninja is an educational website with the primary focus to create an enriching online learning environment, safe and free of online bullying, harassment, antisocial and illegal activities. In addition to User Generated Content, Users are responsible for all actions and interactions (Activity) on School Ninja and through third party systems connected through School Ninja including, but not limited to video conferencing and all digital interactions on or accessed via Our Services.

7.7.2 The following are some examples of the kind of Activity that is illegal or prohibited on Our Services. School Ninja reserves the right to investigate and take appropriate legal action against anyone who, in School Ninja’s sole discretion, violates this provision, including without limitation, reporting the User to law enforcement or national security authorities. Prohibited activity includes, but is not limited to:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service
• organizing or encouraging acts of violence
• impersonating or attempting to impersonate another user, person or entity
• using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account
• using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do the same
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network
• any automated use of the system, such as, but not limited to, using scripts to create or post Content
• interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service
• displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that person
• using the Service in a manner inconsistent with any and all applicable laws and regulations or reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion or use of, or access to, the Content and/or services offered throughout this Service (unless you have been specifically allowed to do so in a separate agreement).

8. Intellectual Property.

8.1 Rights you grant to School Ninja with User Generated Content

8.1.1 When You post and create online coursework, lessons, topics, quizzes, teaching resources and videos and other educational content in School Ninja (Resources) You retain any intellectual property rights that you hold in that content. School Ninja does not take or claim any ownership (copyright, trademark, or otherwise) over Your Resources.

8.1.2 When you post or upload Resources to Our Services, you grant to us limited rights to store, use, and display, and provide access to the Resources you post as necessary to provide Our Services, such as to display your Resource in Your store and in search results, to make Your Resources available for download, and to display and promote Your Resources through our Services, through email, ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Resources necessary to provide our Services to you and our other Users.

8.1.3 When another User downloads your Resources (either for free or paid) you grant them a limited licence to access and use the content within their own lessons. Whilst Resources can be removed from the website, a User may continue to access and use any downloaded copies of the Resources they have previously accessed or purchased.

8.2 Copyright Infringement

8.2.1 As School Ninja asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by School Ninja violates your copyright, you are encouraged to notify School Ninja by email at [email protected]. School Ninja will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of School Ninja or others, School Ninja may, in its discretion, terminate or deny access to and use of Our Services. In the case of such termination, School Ninja will have no obligation to provide a refund of any amounts previously paid to School Ninja.

8.3 Considerations and Privacy of User Generated Content

8.3.1 You acknowledge and agree to ensure no student information, submissions or results are included within User Generated Content posted or shared outside the confine of a single school community. You agree to indemnify, keep indemnified and hold us harmless from and against any and all actions, claims, proceedings, losses, damages, costs and expenses (including legal fees and expenses on a solicitor/client basis) and other liabilities of whatever nature, whether foreseeable or not, and whether direct or indirect, incurred by us in respect of any claim (i) by a third party arising in connection with this Agreement (except to the extent such a third party claim arises as a direct result of our breach of this Agreement), and/or (ii) arising in connection with your breach of this Agreement.

9. Data protection

9.1.1 We shall ensure that when storing and processing personal data (Data) we shall at all times comply with the provisions and obligations of the Australian Privacy Act 1988 (Cth)(Privacy Law) and will only store or process Data in relation to the Services in accordance with our Privacy Policy.

9.1.2 You acknowledge that Data will be processed by us or our suppliers, subcontractors, related corporations or agents; and may be transferred outside the jurisdiction of Australia (or in which you are based). By providing or giving access to Data, you warrant that you have complied with (i) the Privacy Law, or (ii) the applicable rules and legislation in the jurisdiction you operate in, and that you have obtained the necessary consent of any employees or third parties (including without limitation, any end-customer) that you may be acting on behalf of.

9.1.3 We will not keep Data longer than is necessary for the purposes for which the Data was collected or for which it is further processed. The Data collected by us will not be processed in a manner that is incompatible with the purposes for which it was obtained. You may at any time request to see the Data and amend same if required.

9.1.4 We agree we will take reasonable precautions to protect Data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.

9.1.5 If you provide third party login details to allow us to configure said third party services on your behalf, we will take all precautions but are not responsible for any misconfiguration, data error or fault caused.

9.2 Cookies

9.2.1 We employ the use of cookies. By using School Ninja’s website you consent to the use of cookies in accordance with School Ninja’s Privacy Policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

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Privacy Policy

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