Last Updated: 14th March 2021
You acknowledge and agree that EdNet Connect and its services are made available mainly to facilitate distance learning or on-premise learning and to streamline the process of enrolments, daily school tasks such as attendance, direct communication and sharing files between teachers, administrative staff, parents and students.
These Terms and Conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these Terms and Conditions by posting them to the website. if you do not agree with these Terms and Conditions, please do not access the EdNet Connect platform.
Purpose of the platform: EdNet Connect provides an interactive learning platform, using web-based technology that connects students, teachers, administrative staff, parents/guardians, schools and/or other third-party businesses or users. The software simply facilitates a connection between these parties, hence EdNet Connect is not a school, a tuition provider or a food preparation business.
Schools, teachers and third-party businesses are independent: You acknowledge and agree that EdNet Connect does not itself prepare a syllabus or offer teaching services and has no responsibility or liability for the acts or omissions of any school, teacher or any other third-party business. EdNet Connect provides an online platform mainly facilitating the sharing of classroom work by schools and teachers to students.
Availability of the platform and its services: EdNet Connect is available worldwide to anyone with Internet access. However, this platform may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on the platform does not imply that such a product or service is or will be available in your location. The content of this platform, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
Content: Certain materials on this site may be furnished by third parties. Certain products, services, or company designations for companies other than EdNet Connect may be mentioned on the platform for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this platform are the trademarks, registered or unregistered, of their respective owners.
Nothing contained in these terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
Use: We reserve the right to deny your request for an account and to suspend, disable or terminate access to any account issued to you at our sole discretion. If we disable access to an account issued to you, you will be prevented from accessing the EdNet Connect platform, your account details, shared files or other information that is associated with your account.
Creating a student account: Students may use EdNet Connect only if their parent or legal guardian has given permission to their teacher or school. You agree to use EdNet Connect only if you have been invited to use the platform by your teacher. By creating an account on the platform, it shall be assumed that you have been granted permission by a parent or guardian to do so.
This platform is an extension of the classroom. You agree to use EdNet Connect in a manner that is appropriate to the classroom. You may not violate the policies of your school or school district in your use of the platform.
Creating a student account on the EdNet Connect platform allows you to log in and access information shared by teachers and schools, with their permission. You must provide accurate, current, and complete information during the registration process and at all other times when you use these services. You are the sole authorised user of any account you create on the EdNet Connect platform. You are solely and fully responsible for all activities that occur under your password or account.
Creating a teacher account: Any teachers or course providers will be required to create an account on Ednet Connect to be able to access its services. A registered school or authorised administrative staff account will be able to create a teacher account using a personal or school email address, depending on school policy.
Only teachers or authorised administrative staff can create a class on EdNet Connect. Once the class is created, teachers or authorised administrative staff can authorise student participants, additional faculty and parents and other family members with appropriate permissions to upload, view, comment on, and share work.
You should consult with your school or school district to ensure that you obtain proper consent to use EdNet Connect in the classroom consistent with their policies.
When you create an EdNet Connect class, you agree that:
- Any students you add to your class are current students in your class.
- Any additional teachers you add to your class are authorised by your school to access student journals.
- You will use EdNet Connect only for lawful purposes and abide by applicable law and school and school district policies in your use of the platform.
- You will treat EdNet Connect as an extension of the classroom and take reasonable steps to confirm that students are using the platform appropriately.
- You will take reasonable measures to protect access to information contained in student journals and class journals.
- You will only invite parents, guardians, and other trusted adults to view student journals.
Creating a school or administrative staff account: Schools and/or authorised administrative staff may provide EdNet Connect with certain personal information about its students and educators, which includes a user’s name, phone number, physical address, date of birth, email address, and password in most cases, but could also include secondary email, suburb, postcode, medical conditions and more.
The School and/or authorised administrators are responsible for (a) maintaining the security and confidentiality of their account credentials and taking reasonable steps to prevent unauthorised access to such account; (b) creating student accounts and (c) providing all required notices and obtaining all necessary rights, permissions, or consents to access, monitor, use, or disclose any information, including student personal information, from accounts of other users.
As between EdNet Connect and school, school is responsible for any activities, including any violation of the terms, that occur under a school account, an authorised administrator account, and any user accounts created by school or authorised administrator account.
You shall notify EdNet Connect of any known or suspected unauthorised use of your account, other user accounts, or any known or suspected breach of security of the services, including loss, theft, or unauthorised disclosure of your password. You shall verify the accuracy of any information before sending it to us.
Creating a parent or family member account: As a parent, guardian or family member, you will be authorised to view information in your child’s journal. By creating a parent account and accessing a student journal, you agree that you are the legal guardian of the student or have permission from the legal guardian of the student to create a family account and access the student journal. As a parent, you will only be able to access journal entries in which your child has been tagged. Other parents and adults may be able to access your child’s work if your child is tagged in a journal entry with their child, such as when your child collaborates with other students on a group project, and vice versa.
Creating a third-party provider account: You may be required to create a third-party provider account on EdNet Connect to make your products or services available to other sers registered on this platform. Any transactions made in relation to such products and services shall take place through the EdNet Connect platform. Permission to provide access to products and services through the EdNet Connect platform does not indicate that we endorse you or that we are responsible or liable for your actions.
Consent to receive SMS and emails: Family members can receive SMS notifications about new posts or messages on EdNet Connect. At a later stage, you will have the option to opt-out of any promotional or product update notifications related to your Ednet Connect account, but not important notifications such as the One Time Passwords (OTP) or any posts or messages sent by the school.
You consent to receive and read any communication from the school that you or your child is enrolled in. It is the responsibility of the parent or guardian to inform the school immediately of any changes to the contact details of the parent or guardian.
Abandoned accounts: EdNet Connect reserves the right to terminate accounts that have not been accessed by the parent, family member, teacher or school associated with the account for a period of more than one year.
Prior to terminating an abandoned account, EdNet Connect will notify the parent, family member, teacher or school associated with the account by email and provide an opportunity to download an archive copy of the class journal, providing it is available under the relevant school.
The account details and related journals will be archived for a reasonable period of time as deemed by EdNet Connect, and upon no attempt to download a copy, such details will be purged, whilst adhering to the laws of Australia.
We don’t own the content you provide – students and their schools own all student data added to EdNet Connect.
However, in order to provide our services, we need certain limited rights to your content. For example, when you upload your content, we need the rights to store it and serve it back to you. Or we might need to collect and store your contact details to send you an OTP that grants access to your account. Therefore, you grant EdNet Connect the right to use, publish, transmit, display, copy, process, adapt, modify, and distribute your content only how you specify and only within the context of the EdNet Connect service.
EdNet Connect reserves the right, but has no obligation, to delete content posted on our services if we receive a valid takedown notice or if your content violates any of our prohibited activities.
EdNet Connect is protected by copyright and other intellectual property laws. EdNet Connect and its licensors grant you a limited, non-exclusive, non-transferable license to view, copy, and display EdNet Connect solely in connection with your permitted use of the platform. Any rights not expressly granted here are reserved.
Unauthorised use of EdNet Connect’s logos, copyrights, domain names, or other distinctive brand features is prohibited.
All users agree that they will refrain from the following prohibited activities when using EdNet Connect:
- Don’t use EdNet Connect in a manner that violates any applicable laws, regulations, ordinances, or directives.
- Don’t use EdNet Connect in any manner that would be inappropriate for the classroom or violates applicable school or school district policies.
- Don’t use EdNet Connect to lie or mislead other users.
- Don’t use EdNet Connect to distribute unsolicited or unauthorised unsolicited communications, promotions, advertisements or spam.
- Don’t use EdNet Connect to do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.
- Don’t do anything that interferes with the proper functioning of any software, hardware, or equipment that belongs to EdNet Connect or anyone else.
- Don’t impersonate EdNet Connect or our users on EdNet Connect or elsewhere.
- Don’t interfere with anyone’s use or enjoyment of EdNet Connect.
- Don’t use personal information about other users, including students, without consent or as forbidden by applicable law or regulation.
- Don’t use EdNet Connect in a way that infringes the intellectual property rights of others.
- Don’t crawl, scrape, or use any manual or automated system to copy any public content available within EdNet Connect.
Except as indicated to the contrary elsewhere on the platform, you may view, copy and print the content available on this platform subject to the following conditions:
- the content is used solely for personal or informational purposes;
- the content is not provided, sold, licensed or leased (nor is access provided to the content) for any fee or other consideration;
- all copyright, trademark and other proprietary rights notices included in the content as presented on the platform appear on all copies;
- the content is not modified or altered in any way, and no graphics are used separately from accompanying text.
EDNET CONNECT AND PARENTAL CONSENT
We require that teachers or schools get parental consent before using EdNet Connect with children who are under the age when they can grant consent on their own. This age may vary based on where you live. You should check your local laws to determine the relevant age in your country. If you are aware EdNet Connect is collecting information from a student without parental consent, please contact us immediately and we will investigate the matter and take action that we deem necessary.
ADVERTISING AND THIRD-PARTY WEBSITES
If you elect to have any business dealings with anyone whose products or services may be advertised on the platform, you acknowledge and agree that such dealings are solely between you and such advertisers.
The platform may provide links to third-party websites and such links are provided solely for your convenience. If you use these links, you might leave the EdNet platform. We have not reviewed and do not control any of these third-party websites and are not responsible for these websites or their content or availability.
WARRANTIES AND DISCLAIMERS
Your use of EdNet Connect is at your sole risk. EdNet Connect and any third-party software, services, or applications made available in connection with EdNet Connect are provided “as is,” without warranty of any kind. To the maximum extent permitted by applicable law, EdNet Connect, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. EdNet Connect and its suppliers and partners do not warrant that the functions contained in the EdNet Connect service will be uninterrupted or error-free, that defects will be corrected, that the EdNet Connect service or the servers that make them available are free of harmful components or that the EdNet Connect service will meet your requirements. You are solely responsible for any damage to your equipment or device, loss of use, or loss of data. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
You agree to indemnify and hold harmless EdNet Connect from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to: (a) your use or misuse of EdNet Connect; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of our terms. EdNet Connect will give you written notice of any such matter; however, any failure or delay by EdNet Connect to do so does not negate your defence or indemnification obligations or waive EdNet Connect’s rights to seek payment or defence or indemnification from you. EdNet Connect reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with EdNet Connect in our defence of these claims. You will not settle any claim that affects EdNet Connect or our affiliates without our prior written approval.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, EdNet Connect will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, even if EdNet Connect has been advised of the possibility of damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses relating to or resulting from: (a) your access to, use of, or inability to use EdNet Connect; (b) any conduct or content of any user or a third party on our services; (c) unauthorised access, use, or alterations of your transmissions or content; (d) any information posted on EdNet Connect; or (e) EdNet Connect’s decision to publish or remove any information on our service.
In no event shall EdNet Connect’s total liability to you for all damages, losses, or causes of action arising out of or relating to our Terms exceed: (1) the amounts you paid to access EdNet Connect during the twelve (12) months immediately preceding the date of your claim, or (2) one thousand Australian dollars, whichever is greater.
The limitations of liability set forth in this section will survive any termination or expiration of our terms and will apply even if any limited remedy specified in our terms is found to have failed of its essential purpose.
LAW GOVERNING LEGAL DISPUTES
The laws of the State of Victoria, Australia govern this agreement, as well as any dispute, claim, or controversy that may arise between you and EdNet Connect, without conflicts of law provisions.
INFORMAL DISPUTE RESOLUTION
We want to address your concerns without needing a formal legal case. Before filing a claim against EdNet Connect, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you through email. If an attempt to resolve said dispute does not take place within 60 days of submission, you or EdNet Connect may bring a formal proceeding.
NO CLASS ACTIONS
You may only resolve disputes with EdNet Connect on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
We welcome your feedback and suggestions about EdNet Connect. Please email us at email@example.com at any time.
These terms (and any other policies we refer to in this document) make up the entire agreement between you and EdNet Connect and supersede any prior agreement. If any part of these terms is found to be unenforceable by a court or arbitrator, the remaining parts will remain in full force and effect. If EdNet Connect fails to enforce any part of these terms, such a failure does not constitute a waiver.
PO Box 5356
Cranbourne VIC 3977