Terms of use

This website: www.planiteach.com.au and www.planiteach.com(‘Website’) is owned and operated by PlanITeach Pty Ltd (“PlanITeach”). ABN: 41 638 907 301 (‘PlanITeach’, ‘we’, ‘us’ or ‘our’).

Our mission is to help reduce the amount of time teachers spend programming.

These Terms form a binding contractual agreement between you and PlanITeach.

For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use this Website. You can contact us at admin@planiteach.com

By using any part of this Website, you acknowledge and agree that you have read, understood and accept to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO OUR TERMS OF USE, PRIVACY POLICY AND COOKIE POLICY, THEN DO NOT USE OUR SERVICES.

Our Services include (but are not limited to) tools, content, services and application programming interfaces (“APIs”) to discover, create, download, edit and use content to develop teacher programs.

To use our Services, you’ll be asked to become a Member. Only individuals who are 18 years of age or older are eligible to become Members. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.

When you create an Account, the information you provide needs to be true and accurate. We may ask for proof of your identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your identity.

If your Account has been closed by PlanITeach, you are no longer eligible to be a Member of our community.

You may purchase a membership to Our Services, which entitles you (exclusively) to the use of Our Services for the limited period of the membership (“Valid Membership Periods”).

Two membership types are available:

A. 90 days or 90 lessons $90

B. 365 days or 200 lessons $160

Payment of membership is due at time of purchase through the Stripe gateway.

All prices are stated in Australian Dollars (AUD) and are exclusive of GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

We reserve the right to alter, amend or modify our prices, in our sole and absolute discretion, at any time.

Your membership to Our Services will expire at the end of your Valid Membership Period.

Each membership purchased will be considered a “New Membership.” Any programs prepared in previous subscriptions will not be stored or accessible.

Our Services provide lesson content for teachers to use when developing their core teaching and learning programs. Lesson content is available to be downloaded and edited as required by the teacher.

We take proper care and precaution to ensure that all content, information, material, products, services, resources, benefits or features offered on this Website are accurate and up-to-date.

We reserve the right to alter, amend, modify, restrict, terminate or suspend any of the content, information, material, products,services, resources, benefits or features made available on this Website, in our sole and absolute discretion, from time to time, without notice to you.

This Website may contain links to other websites, which are owned or operated by third-parties (‘Linked Sites’) as well as content added by people other than us (‘User Generated Content’).

We do not control, endorse, recommend, sponsor or approve Linked Sites or User Generated Content. We are not responsible or liable for content, information, material, products, services, resources, benefits or features on Linked Sites or in User Generated Content, nor for its legality, originality and copyright, nor for any associated person, organisation, operator, product or service.

Linked Sites are provided for information purposes only, which you may access in your sole and absolute discretion.

Linked Sites are not subject to these Terms or to PlanITeach’s Privacy Policy. Accordingly, you should check the terms and privacy policy contained on any Linked Sites you visit.

The names, logos or badges of any other organisations and/or their associated products or services contained on this Website may be trademarks of their respective owners and are used under licence with their consent.

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of Our Services including paying for all fees and ancillary costs to do so.

We grant you a non-exclusive, worldwide, non-transferable licence to use this Website in accordance with the terms and conditions set out in these Terms.

You may access and use this Website, including any incidental copying that occurs as part of that use, in the normal manner and may also print one copy of any page within this Website for your own personal, non-commercial and school use.

You acknowledge and agree that:

We retain complete editorial control over this Website. We reserve the right to alter, amend, modify, restrict, terminate or suspend operation of this Website, in our sole and absolute discretion, from time to time, without notice to you.

This Website will endeavour to operate on a continuous basis, but may be unavailable from time to time, including for maintenance purposes.

You must not use Our Services, or contribute User Generated Content, in any way:

To violate or breach any third party rights or any local, state, national or internal law or regulation;
To transmit any document, material or file that contains adware, malware, spyware, viruses or any computer code, files or programs which interrupt, destroy or limit the use of any other’s software, hardware, equipment, device or service;
Which is abusive, harassing, tortious, defamatory, libellous or invasive of another’s privacy, whether directly or via the creation or transmission of any document, material or file;
Which falsely represents you as another person or entity, or otherwise misrepresents your affiliation with a person or entity;
Which interferes with, or disrupts Our Services.

All use of Our Services by you is on a non-commercial, “as is” basis for legitimate educational purposes, except if you are a Content Provider with a valid written agreement with Us to use Our Services for prescribed commercial purposes in accordance with these Terms of Use and Privacy Policy.

If you are a Content Provider, we encourage you to email us (admin@planiteach.com) to use Our Services to make your educational content available to schools. User Generated Content

In using Our Services, you retain ownership of your User Generated Content, and must:

Do so in compliance with the provisions of the copyright laws of the territories in which you are using Our Services and which permit education use in certain circumstances (“Permitted Education Use”); or
Have sufficient rights, titles and interests in the User Generated Content to grant us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence, to exploit and sub-licence to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display or otherwise use the User Generated Content, in whole or in part, in any way connected with Our Services including marketing or promotion, in any format now known or later developed, without notification, permission or compensation from you (“Licence”).

Your User Generated Content may either be shared with other users for educational purposes within The Learning Commons as Permitted Education Use; or you grant Us the Licence in your User Generated Content.In either case, other uses by teachers in any School may include copying, modifying or further sharing of your User Generated Content.

If you are a Content Provider, your User Generated Content is subject to the terms of your agreement with Us, which incorporates these Terms of Use, and where there is conflict, the terms of your agreement with Us will prevail.You are solely responsible for your User Generated Content.

We are not required to host, display or distribute any User Generated Content and may remove or delete it at any time. We are not responsible for any loss, damage of any kind to, or as a result of, User Generated Content.

Website use

A worksheet is a page of learning, designed either for students or teachers to write on using ink pen or pencil, or for digital inputs (“Worksheets”).

If you use Worksheets from Our Services with your students, either digitally, printed or photocopied, or directs or makes available to your students to use, print, photocopy or share, you must do so in compliance with the copyright legislation in your location.

Printing may be either directly from the website, or downloaded and then printed.

Some locations and territories have a copyright remuneration scheme to allow educational institutions to do a range of functions including accessing, displaying, using, printing, photocopying and sharing Worksheets. One example, is the education copying scheme under statutory licence administered in Australia by Copyright Agency.

We intend to claim remuneration from the collecting societies administering schemes for photocopying, printing, accessing, sharing and using Worksheets within Our Services, and in granting us the Licence you agree we are entitled to claim remuneration for User Generated Content.

The use by you or your School of Worksheets within Our Services may be included as part of a survey or monitoring conducted by or on behalf of the collecting society. The printing, photocopying, sharing and use of Worksheets within any survey or monitoring, may increase the copying rate as determined by the relevant copyright authority, tribunal or administrator.

Termination and Suspension

Without limiting any remedies, We may terminate or suspend your access and use of Our Services if we deem that you have in any way violated these Terms of Use, or have acted in way which is harmful to Our interests, a user of Our Services, or any third party (“Termination or Suspension”). Termination or Suspension will occur without notice if We consider the violation or act may have serious consequences, otherwise you will be given at least 3 days notice.

Passwords and Security

You are responsible for maintaining the confidentiality of your password to use Our Services and for all activities that occur from access with your username and password.

You must immediately notify Us if you are aware of any use of your username and password by any other person, or any other unauthorised use (“Unauthorised Use”).

Following any Unauthorised Use, whether notified by you or not, We may require you to alter your username and/or password, or suspend or cancel your access at our complete discretion without compensation to you.

Disclaimer and Limitations of Liability

Your use of Our Services is at your sole risk. Our Services are provided on an “as is” and “as available” basis.

We expressly disclaim all warranties of any kind, whether express or implied, with respect to Our Services and all services provided by any of our partners (whether partners providing APIs, linked partners, or otherwise), including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement.

Your access to and use of any data, content or APIs, (including, but not limited to any User Generated Content) or any part or all of Our Services is not guaranteed and We will not be responsible for any: (i)damage from your access and use; and/or (ii) loss of data or content caused by Our Services or their unavailability.

Under no circumstances will We or Our officers, employees, directors, shareholders, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of money, revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account's) use of Our Services. If, notwithstanding these Terms of Use, We are found to be liable to you or any third party in connection with your use of Our Services, the total liability for Us and our officers, employees, directors, shareholders, agents, or licensors to you or to any third party is limited to one hundred Australian Dollars ($100).

To the extent that We may not, under any applicable laws of a territory or jurisdiction, disclaim any implied warranty or limit liability, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law or within the jurisdiction.

Indemnification

You indemnify, defend and hold Us harmless including Our officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including legal fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms of Use.

Intellectual Property

Intellectual Property includes unpatented inventions, patent applications, provisional patents, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how, confidential information, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world or rights to apply for registration thereof, whether now known or in the future created (“Intellectual Property”).

Our Intellectual Property is extensive and includes (but not limited to) many trademarks under common law and as registered for the PlanITeach brand (“Our Brand”). You are in no way authorised to use or reference or deal with Our Brand without a separate, written agreement from Us to do so. Other than certain rights you may hold in your User Generated Content, or activities permitted under and governed by these Terms of Use, you must not copy, modify, reproduce, republish, post, transmit, sell, offer for sale, or redistribute in any way Our Intellectual Property, Intellectual Property or Our Brands without Our prior written permission and that of our licensors and partners.

Miscellaneous

The failure or delay by Us to enforce any right or provision of these Terms of Use shall in no way constitute a waiver of such right or provision, unless acknowledged and agreed by Us in writing.

These Terms of Use will remain in full force and effect notwithstanding any termination of your use of Our Services.

To the extent caused by force majeure, no delay, failure, or default will constitute a violation of these Terms of Use by Us.

You must not assign any rights and obligations of these Terms of Use without Our prior, written agreement for you to do so.

If any part of these Terms of Use are found to be void, unlawful, or unenforceable, then, to the extent determined to be void, unlawful or unenforceable, that part will be deemed to be severable from the balance of these Terms of Use, and the severed part will not affect the validity or enforceability of any remaining provisions.

These Terms of Use and Our Privacy Policy, together with any separate written agreements with Us (if any), constitute the entire and exclusive and final statement of the agreement between you and Us governing your use of Our Services, superseding any prior agreements, negotiations or communications of any form.

Governing Law

These Terms of Use and Privacy Policy are governed by and interpreted in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the Courts of New South Wales, Australia to determine any dispute arising out of these Terms of Use or Privacy Policy.

Please do not hesitate to contact us if you have any other questions or requests in relation to the Terms of Use, Privacy Policy or Cookie Policy. We will respond as soon as we can.

admin@planiteach.com

Modifications

From time to time, at our complete discretion, we will modify these Terms of Use (“Modification”). Your continued use of Our Services, constitutes your agreement to any Modification, the Terms of Use, the Privacy Policy and the Cookie Policy. If you do not agree to any Modification, the Terms of Use, the Privacy Policy and the Cookie Policy, your sole recourse will be to cease using Our Services without compensation to you.

We reserve the right to modify or discontinue Our Services with or without notice to you. Date Last Modified: 25 January 2021

Acknowledgements

PlanITeach Pty Ltd acknowledges use of syllabus outcomes under the Creative Commons licence as follows: “© Australian Curriculum, Assessment and Reporting Authority (ACARA) 2009 to present, unless otherwise indicated. This material was downloaded from the ACARA website (www.acara.edu.au) (Website) (accessed [insert date]) and [was][was not] modified. The material is licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). ACARA does not endorse any product that uses ACARA material or make any representations as to the quality of such products. Any product that uses material published on this website should not be taken to be affiliated with ACARA or have the sponsorship or approval of ACARA. It is up to each person to make their own assessment of the product." PlanIteach Pty Ltd acknowledges the use of syllabus outcomes and codes provided by NSW Education Standards Authority (NESA) for the NSW Australian Syllabus.

The NESA website holds the ONLY official and up-to-date versions of these documents available on the internet. ANY other copies of these documents, or parts of these documents, that may be found elsewhere on the internet might not be current and are NOT authorised. You CANNOT rely on copies from any other source.