The Organised Teacher Collective Terms and Conditions

1. Overview

The website theorganisedteachercollective.com [‘Website’] and professional learning content offered by The Organised Teacher Collective [‘Courses’] are owned and operated by Jamiela Stewart ABN 91 611 985 457 trading as The Organised Teacher Collective, referred to throughout these Terms and Conditions and Privacy Policy (collectively known as the ‘Terms’) as ‘our’, ‘we’ or ‘us’.

Please read through these Terms carefully prior to purchasing or using any professional learning content (‘Course’) or otherwise accessing the Website. These Terms govern personal access to the Website [‘Web Users’ or ‘you’] and participation in any Courses by authorised users [‘Course Users’ or ‘you’]. By purchasing a Course or accessing the Website, you agree to be bound by the Terms. If you do not agree to all the Terms, you must not engage with the Website and must cease use of any Courses immediately.

We reserve the right to review and change any of the Terms from time to time by updating the Website at our sole discretion. Any changes to the Terms take effect from the date of their publication. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of the Website or a Course. If at any time you choose not to accept these Terms, you must not engage with the Website and must cease use of any Courses immediately.

2. Acceptance of the Terms

You are deemed to have accepted the Terms by accessing the Website and/ or purchasing a Course. You may also accept the Terms by clicking to accept or agree to the Terms when this option is made available to you in the user interface.

By accessing the Website or a Course, you:
a. indicate that you have read, understand and agree to be legally bound by the Terms, and
b. in the case of a Course, warrant that you are over 18 years of age and that you can enter into legally binding contracts and agreements.

By continuing to access any Courses, you acknowledge and accept any future amendments to the Terms. Should you be unclear about the Terms, please contact us prior to purchasing a Course.

3. Use of and Access to the Courses

We provide various Courses, and associated Materials for sale on the Website. We grant you a limited, personal, non-exclusive, non-transferable license to use our Courses and Materials for your own personal or classroom use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses or Materials in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase may only be used by you for your personal or classroom use and may not be sold or redistributed without our express written consent.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

In order to access a Course, you must first purchase the applicable access rights through the Website by paying the Fee for the selected Course. In purchasing a Course, you acknowledge and agree that it is your responsibility to ensure that the Course you select is suitable for your use.

As part of purchasing a Course, you will be required to register for an account through the Website before you can access the Course. As part of the registration process, or as part of your continued use of any Courses, you may be required to provide personal information about yourself including, but not limited to, your name, email address, mailing address, and contact number. You warrant that any information you provide to us in the course of completing the registration process will always be accurate, correct and up to date. We have the right to suspend or terminate your access to a Course if we reasonably suspect that such information is inaccurate or incomplete. You agree to update this information if and when it changes.

Once you have completed the registration process, you will become a registered Course User and agree to be bound by the Terms.

You must not access any Courses and may not accept the Terms if you are not of legal age to form a binding contract or you are a person barred from

accessing any Courses under the laws of Australia or other countries including the country in which you are resident or from which you will use the Course.

4. Course Community Group Participation

a) Access Requirements

Our Courses may include a community group component. Unless otherwise specified, these community groups are run through the online social media and social networking service owned by Meta Platforms Inc known as “Facebook”, accessible only to those participating in the Course.

As a Course User, you acknowledge and agree that a valid and active Facebook account is required to access these community groups where applicable to a Course.

Alternative arrangements, such as content delivered via email or through the Website, may be made available for Course Users without access to a Facebook account. This will be outlined for each individual Course on offer, and it is the Course User’s responsibility to check and confirm this prior to purchasing the Course.

b) Opting Out

You acknowledge and agree that by foregoing the Facebook community group component, you are opting out of the interactive community engagement and support provided within that platform. In such instances, any questions about Course content can be directed to [email protected] via reply email.

c) Guidelines and Standards

When accessing and interacting with any of our community groups, it is the Course User’s responsibility to accept and adhere to the Facebook guidelines as well as our specific community group rules. This is a condition prior to approving your entry into any of our community groups. Please refer to the Facebook community standards for further information.

d) Submitting Content and Confidentiality

Please choose carefully when uploading, submitting, or embedding content on the Website and any third-party forums offered by us, including Facebook. Any material you post may become public. We respect your privacy and will not disclose any information you provide except as set forth in the Terms and our Privacy Policy.

You are solely responsible for the content you post, and any potential liability arising from it. Participation in discussions, comments, or any interactive services must be conducted with respect. You must not submit any content that include anything abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene, or anything violating laws or the rights of others.

By posting or submitting any content in our community groups, Website, or third-party forums offered by us, such as questions, comments, posts, photos, images, videos, or other contributions, you are representing to us that you are the legal and beneficial owner of all such materials and you are at least 18 years of age.

You also grant us an unlimited, royalty-free, perpetual, irrevocable, non- exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Courses or other content. This includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without requiring any further permission from you or compensation by us to you.

You grant us the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or us that reference us or the Course, and to identify you as a Course User by name, email address, or screen name, for any purposes, including commercial purposes and advertising.

e) Moderation and Rights

We reserve the right to, at our sole discretion, delete or modify, in whole or part, any comment, post, or other submission to our website or third-party forums offered by us. We are not obliged to monitor posts, comments, or materials submitted by Course Users or other third parties. We neither endorse nor make any representation as to the truthfulness or validity of any third-party comments, posts, or materials on our website or third-party forum offered by us. We shall not be held responsible or liable for any damage or loss caused by third-party comments, posts, or materials on our website and any third-party forums offered by us.

5. Your Obligations as a Web User or Course User, and Prohibited Use

As a Course User, you agree to use the Course content only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

As a condition of participating in our Courses with a community group component, you hereby agree to respect the privacy of other Course Users and to respect our confidential information. You shall not share any information provided by other Course Users outside of the community group unless you receive express written permission from each Course User to share the information.

Similarly, community groups may contain our Materials (as detailed under Intellectual Property Rights). You acknowledge and agree not to share the information provided to you in the community group or Course with anyone other than us and other Course Users.

As a Web User, you agree to use the Website only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.

Course Users have the sole responsibility for protecting the confidentiality of your password and/or login email address. Use of your login credentials by any other person may result in the immediate cancellation of access to the Courses. Any use of your registration information by another person, or third-parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your credentials to access the Courses or any breach of security of which you have become aware. Access and use of the

Courses is limited, non-transferable, and allows for the sole use of the Course by you.

You will not use the Website, any third-party forums offered by us or the Courses in connection with any commercial endeavours except those specifically endorsed or approved by us. In addition to other restrictions, it is strictly prohibited to access or use the Website, any third-party forums offered by us or the Courses :

1. for any unlawful, illegal, fraudulent, or harmful purpose or activity;
2. for any unauthorised use which includes collecting email addresses of Course Users by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Course;
3. to encourage or involve others in any unlawful activities;
4. to violate any local, state, federal, or international regulations, rules, laws, or ordinances;
5. to infringe upon the intellectual property rights of others;
6. if you or any related or associated entities engage in any form of competition with our business activities;
7. to attempt to cause damage, modify, delete, or disrupt the Website, the Courses, any third-party forums offered by us or any of the Materials;
8. to send unsolicited advertising or promotional material, otherwise known as “spam”;
9. to copy, host, transmit, store, send, publish, use, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software;
10. to systematically or automatically collect data, or;
11. to express discriminatory or hateful speech, make comments, or engage in actions against any other person due to their sex, gender, age, ethnicity, race, socio-economic status, disability, or any other categorisation.

6. Changes to the Courses and/or the Website

We reserve the right to modify, change, remove or alter in any way the content, Materials and other information or resources made available on our Website and within any Courses. You are responsible for reviewing the content, Materials and other information provided to you through the Website and the Courses on a regular basis to be aware of any such changes. By continuing to use and access the Website and any Courses, you acknowledge, agree and accept these changes.

7. Promotion

If you have provided testimonials, feedback, questions, recommendations, endorsements or the like in any format, you acknowledge and agree that we have the right to use them, along with references to you, on the Website, in Courses, social media channels, or any other platforms, for promotional and other purposes from time to time as we see fit.

8. Fee Payments

Where a Fee is payable for a Course at the Website [‘Fee’], you must make payment of the Fee by way of the payment service provider ‘PayPal’. When paying Fees you warrant that you have read, understood, and agree to be bound by the PayPal terms and conditions which are available on their website (https://www.paypal.com/us/legalhub/useragreement-full)

9. Refunds and Cancellations

Due to the digital nature of the Courses and our Materials, Fees are non- refundable except as required by law or by a decision made at our absolute discretion. We do not provide refunds simply because your situation has changed or you have changed your mind [‘Refund Policy’].

10. Termination of Course Access by Us

Subject to local applicable laws, we reserve the right to discontinue or cancel your access to a Course at any time without and notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.

We reserve the right to terminate your access to any Courses and/ or any community group with immediate effect if:

1. you infringe on our intellectual property rights;
2. you engage in conduct that is injurious or potentially harmful to our reputation;
3. you are in breach of any of the Terms, including our Course community group guidelines and standards
4. you disclose confidential information without consent;
5. your actions are contrary to our interests;
6. we are required to do so by law, and/or;

vii. we consider that mutual trust and/or confidence no longer exists; or you have breached any provision of the Terms or intend to breach any provision;

11. Intellectual Property Rights

If we terminate your access to a Course, we may, at our sole discretion, refund any prorated Fee already paid by you.

All resources, content, information, Courses, articles, and other items presented by us or made available through our Website are subject to copyright, trademark rights, and/or intellectual property rights. As part of a Course, you may have access to certain materials, including digital and printable resources, templates, tools, images, media, and other content [‘Materials’]. Unless otherwise indicated, all rights (including copyright) in the Materials and compilation of the Website (including but not limited to text, graphics, design elements, images, video images, and audio clips) or the Courses are owned or controlled by us for these purposes and are reserved by us or our contributors.

Any Materials available to you as part of a Course are for personal, single- classroom use by a single teacher. As part of a Course, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials, you may download, print or copy the Materials for your own personal use only.

Electronic distribution is limited to single-classroom use only, and further copying, recreating, or modifying the Materials with the intention to redistribute or sell is not permitted.

Your use of the Materials is also subject to the Terms. If you infringe on the Terms including our Intellectual Property Rights, we reserve the right to terminate your access to any Courses and any Materials without refund and initiate legal action in our absolute discretion.

12. Privacy

We take your privacy seriously and any information provided through your use of the Website and/or the Courses is subject to our Privacy Policy, which is available on the Website.

13. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law (or any liability under them), including Australian consumer law, which by law may not be limited or excluded.

Use of the Website and the Courses is at your own risk. Everything on the Website and within the Courses is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, or licensors make any express or implied representation or warranty about the Courses or any products or services referred to on the Website.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability, or currency of any information on the Website, including in respect to internet links that are provided for your convenience, the Courses, or any of its related products (including third-party material and advertisements on the Website), and/or;

(iii) costs incurred as a result of your using the Website, the Courses, or the Materials;

14. Limitation of Liability

Subject to this clause, and to the extent permitted by law, all terms guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and we will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or the Courses or these Terms (including as a result of not being able to use a Course), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Our total liability arising out of or in connection with the Website, the Courses or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed resupply of a Course to you.

You expressly understand and agree that we, our affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

Except as expressly permitted by law, we cannot be held liable for:
(i) any loss or damage that you may suffer as a result of your engagement with us;
(ii) your inability to engage in a Course for any reason;
(iii) your failure to maintain the security of your login credentials that enable you to access a Course;
(iv) the statements or conduct of any third-party, and/ or
(v) your reliance on the suggestions or recommendations of any third-party or other Course User.

Your interactions with advertisers, vendors, and any other external party discovered on or through our Website or the Courses, including the payment and delivery of associated products or services, as well as any other agreements, conditions, guarantees, or statements connected to such interactions, are exclusively between you and the respective third- party. By adhering to relevant laws, you acknowledge and accept that we hold no responsibility or liability for any form of loss or damage arising from such interactions or the presence of advertisers and vendors on our Website or within any Course.

15. Indemnity by Web Users and Course Users

In using the Website or a Course, you agree to indemnify us, our affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website or a Course;

(ii) any direct or indirect consequences of you accessing, using a Course or the Website or attempts to do so; and/or
(iii) any breach of the Terms.

16. Warranties, Representations, Information and Advice

We offer the Website, Courses, Materials, and other content on an ‘as is’ basis, without any guarantee of specific outcomes resulting from your participation. Website and Course benefits will rely on your specific needs and personal actions. Any experiences shared by other Course Users or Web Users, including reviews, testimonials, or other statements, are merely provided as examples to illustrate what may be achievable.

Course Users or Web Users who download or access any Materials or other content through the Website or as part of a Course do so at their own risk and are solely responsible for any computer, device, or loss of data damage that may result.

All the content and information provided is of a general nature and should not be considered as professional advice. We do not claim to be legal professionals, financial advisors, or licensed experts in any field, and we cannot be held accountable for any reliance placed on the information presented. Nothing contained in the Website or the Courses should be seen as a substitute for seeking professional advice tailored to your specific circumstances.

It is your responsibility to determine if the Website or the Courses are suitable for your needs. All queries should be directed to [email protected] prior to purchase to determine if the Course is right for you and your circumstances. We reserve the right to terminate or suspend your access to a Course at any time if we deem it inappropriate for you or if we believe you should seek further professional guidance.

17. Course Dispute Resolution

Unless explicitly stated otherwise, any references to other products, services, programs, memberships, processes, or information should not be interpreted as endorsements, sponsorships, or recommendations in any manner.

We are committed to ensuring your satisfaction and enjoyment of all Courses. If a dispute arises out of or related to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute [‘Dispute’], unless the following process has been complied with (except where urgent interlocutory relief is sought).

A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute [‘Notice’]

On receipt of that notice by the other party, the parties to the Terms must: (i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they mutually agree;

(ii) If for any reason whatsoever, 14 days after the Notice, the Dispute has not been resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules (http://www.iama.org.au). If the dispute cannot be resolved through mediation, the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

(iii) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, New South Wales, Australia.

If you wish to lodge Notice of a Dispute with us, or have any concerns or are dissatisfied in any way, please contact us via email
at [email protected]. In your email, please provide the following information:

(i) your name;
(ii) the email address used for the Course;
(iii) details of your concern or complaint;
(iv) details or suggestions on how you would like us to resolve the matter; and
(v) copies of any relevant correspondence.

Upon receiving your email, we will acknowledge your complaint within seven days and strive to resolve it as indicated above.

All communications concerning negotiations arising out of and in connection with any Dispute are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

The parties to the Dispute agree not to engage in any negative or derogatory behaviour, whether publicly or privately, towards each other. This includes refraining from making such remarks in communications with

third-parties or posting disparaging comments on any social media channel.

18. Governing Law and Jurisdiction

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Website, Courses or the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to these laws, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and replaced by a valid or enforceable provision. The rest of the Terms shall remain in force.