Terms & Conditions

1. Terms of use
   The TeacherTom.com website is operated by TeacherTom.com Pty Ltd (ABN 28 120 162 932).
   TeacherTom.com from time to time offers additional services via the www.teachertom.com website, such as educational services and delivery of services (TeacherTom.com services). These TeacherTom.com services provided by BKW Investments and the www.teachertom.com website will be collectively referred to as TeacherTom.com Learning Systems in these terms. Your access to, and use of, TeacherTom.com Learning Systems is subject to these terms, the TeacherTom.com privacy statement, the TeacherTom.com legal statement and the TeacherTom.com terms of use, whether or not you become a member of the TeacherTom.com Learning Systems services. Prior to using TeacherTom.com Learning Systems, you should read and understand the terms of use.
   
   
2. What you must do
   1. You must use TeacherTom.com Learning Systems in accordance with the terms of use.
   2. You may use your specific security identification code ('TeacherTom.com ID') to access TeacherTom.com Learning Systems. The TeacherTom.com ID could take the form of an individual user name and password, a digital certificate or another security-related technology. The TeacherTom.com ID may be used only for the purposes of accessing TeacherTom.com Learning Systems and for authorising instructions or requests using the TeacherTom.com Learning Systems services made available from TeacherTom.com Learning Systems. Providing your TeacherTom.com ID to a third-party is prohibited.
      
      
3. What you must not do
   1. You must not:
      1. use TeacherTom.com Learning Systems for any activities other than those intended, or post, transmit materials via TeacherTom.com Learning Systems any information or materials, which breach any laws or regulations, or are contrary to any relevant standards or codes
      2. use TeacherTom.com Learning Systems in a manner which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from utilising the TeacherTom.com services
      3. use another's TeacherTom.com ID or name without permission
      4. provide false information when registering or changing your TeacherTom.com registration or payment details
      5. impersonate another person when using TeacherTom.com Learning Systems
      6. make unauthorised modifications to TeacherTom.com Learning Systems
      7. knowingly transmit any virus or other disabling feature to or via TeacherTom.com Learning Systems
      8. assist or attempt any of the above acts whilst using or via TeacherTom.com Learning Systems.
         
         
4. Third-party content
   1. Some products and services offered for sale or advertised via TeacherTom.com are products, services and information provided by third-parties.
   2. The products and information supplied by third-parties are protected by copyright and can only be used in accordance with the terms of use that apply to all services and information as stated for TeacherTom.com Learning Systems services.
   3. Use of third-party materials or information outside of TeacherTom.com Learning Systems is prohibited.
      
      
5. Use of license
   1. Registered end-users are permitted to install TeacherTom.com Learning Systems software and associated third-party applications onto multiple computers provided:
      1. only one computer and registered end-user utilises the TeacherTom.com Learning Systems programs at any single time
      2. only a registered end-user accesses the TeacherTom.com Learning Systems program through this computer
      3. end-users ensure that non-registered users are not provided with access to the TeacherTom.com Learning Systems programs through the end-user's system.
         
         
6. Prices and products and services are subject to change
   1. All prices displayed and products and services offered for supply on TeacherTom.com Learning Systems are subject to change without notice.
   2. Prices are current at time of ordering and will apply for the TeacherTom.com Learning Systems services ordered and provided at that time.
   3. Renewal of a TeacherTom.com Learning Systems service is subject to price at the time of renewal and applies specifically to the TeacherTom.com Learning Systems service being renewed or ordered at that time. They should be reviewed and understood to specifically apply to the service/s being renewed or ordered from the date of renewal or purchase until notice of amendment.
      
      
7. Security
   1. For security reasons, we may occasionally require you to reauthenticate yourself, for example, after a period of inactivity on the connection between your browser and the TeacherTom.com servers. We are not liable for any information you may lose if the TeacherTom.com servers terminate your browser session due to prolonged periods of inactivity between your browser and the TeacherTom.com servers.
   2. You must comply with all directions issued by TeacherTom.com relating to use of your TeacherTom.com ID and access to TeacherTom.com Learning Systems. TeacherTom.com is not responsible for providing the computer, hardware, or any other equipment necessary to access the internet.
   3. You must not transmit, provide or disclose your confidential TeacherTom.com ID to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 7.d below.
   4. You must not keep the confidential component of your TeacherTom.com ID in a location where it is capable of being copied or used by any other person or disclose the confidential component of your TeacherTom.com ID to any other person, other than:
      1. another person authorised by TeacherTom.com Learning Systems to access and use TeacherTom.com Learning Systems
      2. that authorised person being a parent/guardian/teacher, who in accessing or using TeacherTom.com Learning Systems agrees to be bound by the terms of use.
   5. TeacherTom.com is entitled to rely on your TeacherTom.com ID as evidence of your identity and authority for the purposes of TeacherTom.com Learning Systems. These include making payments to TeacherTom.com using your credit card details, and nominating e-mail addresses or phone numbers to which TeacherTom.com may send billing and payment information relating to your TeacherTom.com Learning Systems service. You are responsible for all use of TeacherTom.com Learning Systems and your TeacherTom.com ID where you have not complied with the terms of use.
   6. You must immediately notify TeacherTom.com if you become aware:
      1. the confidential component of your TeacherTom.com ID has been compromised or is known by a third-party (other than by an authorised person)
      2. of any unauthorised use of your TeacherTom.com ID.
   7. In the event that you notify us of either of these things, we will take reasonable steps to deactivate the TeacherTom.com ID and issue you with a new TeacherTom.com ID within a reasonable time. Notice provided by you under this clause does not release you from your responsibilities under the terms of use.
   8. We will take reasonable steps to secure TeacherTom.com Learning Systems and the systems in our control that are used to access TeacherTom.com Learning Systems. However, the internet is sometimes unreliable and is a difficult medium to secure. TeacherTom.com does not guarantee the security of the internet, your hardware or any third-party software used to access TeacherTom.com Learning Systems, or any information that passes through such systems.
      
      
8. Online payments
   1. All TeacherTom.com Learning Systems registrations incur TeacherTom.com Learning Systems payment. Your billing automatically applies to the paperless option, with a minimum of six (6) months automatic payments applying from the application date. Your billing preference is noted as applying to your specified credit card on a monthly basis.
      
      
9. Our liability to you
   1. Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that TeacherTom.com Learning Systems will always be available to you, or fault or virus-free.
   2. The terms that apply to the supply of TeacherTom.com Learning Systems are those expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
   3. We are not responsible for:
      1. loss caused by factors which could reasonably be considered to be outside our control, such as faults in third-party equipment
      2. loss of data
      3. an inability to synchronise data due to change of service address, your failure to update or synchronise data correctly prior to disconnection, or failure of internet services.
         
         
10. Your liability to us
    1. You are responsible for the proper use of the TeacherTom.com Learning Systems. Failure to use the service is subject to these terms of use.
       
       
11. Change of the terms of use
    1. In the event of changes to the terms of use we will notify you of the changes that have occurred. In addition, all changes will be published on the TeacherTom.com website on the legal statement page.
    2. If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
    3. If the change has a detrimental impact on you, but is:
       1. required by law
       2. necessary for security reasons
       3. to prevent fraud
       4. for technical or infrastructure reasons, we will try to give you three (3) days notice prior to the change.

Sometimes, due to the nature of the change, we may not be able to give you three (3) days prior notice. In this event we will give you as much notice as we reasonably can. Notice will be provided to you by transmitting an e-mail notification to your designated e-mail address.

4. If the change is not of a type described in clause 9.b or 9.c, we will give you at least thirty (30) days notice prior to the change.
5. We are not required to notify you if we make changes to the TeacherTom.com website.
   
   
11. Termination
    1. You may stop using TeacherTom.com Learning Systems at any time after the initial six (6) month period, for any reason.
    2. We may stop making TeacherTom.com Learning Systems, or any part of TeacherTom.com Learning Systems, available to you without notice if payment is withheld for any reason or payment is refused by your banking authority.
    3. We may also suspend or withhold services if:
       1. you are in breach of the terms of use and:
          • the breach is something which cannot be remedied or
          • you fail to remedy the breach within ten (10) days of our e-mail notice to you of that breach.
       2. we believe, on reasonable grounds, there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to TeacherTom.com Learning Systems
       3. the law requires us to do so
       4. we believe, on reasonable grounds, providing access to TeacherTom.com Learning Systems to you is illegal or may become illegal.
          
          
12. Communication with you
    1. We may communicate with you using an e-mail address or a telephone number nominated by you. When we do this, the following will apply.
       1. You are responsible for ensuring that your contact details for the TeacherTom.com Learning Systems service/s are current, your e-mail service is operational and that you check your e-mails regularly for messages.
       2. You must notify TeacherTom.com as soon as possible of any changes to your contact details for the TeacherTom.com Learning Systems service/s by e-mailing info@teachertom.com  
       3. If TeacherTom.com receives an automated e-mail non-delivery notification, indicating you have not received an e-mail that TeacherTom.com has sent you, TeacherTom.com will use reasonable endeavours to attempt to contact you. TeacherTom.com will use the other contact details you submitted in your application, including non-electronic means, but does not guarantee that TeacherTom.com will be able to contact you.
    2. Despite clause 12.a, for the purposes of clauses 11 and 12.a, we will give you notice by directing your e-mail to the nominated e-mail account.
       
       
13. Use of your information and material
    1. When you send us any feedback, suggestions, ideas or other materials in relation to, or via, TeacherTom.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our privacy policy.
       
       
14. Goods and Services Tax (GST)
    1. All GST has been included in our charges for the supply of the services for the duration of our contract and will be shown on any invoice or statement provided by TeacherTom.com to you, the customer.
       
       
15. General understanding
    1. This agreement is governed by the law in force in the state of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
    2. If any of the terms of use are invalid or unenforceable, they will be removed. The remaining terms will remain in force.
    3. You may not assign or transfer your rights or benefits under the terms of use to any other person or entity without our prior consent, which we will not unreasonably withhold.