User Agreement

Designed By Teachers USER AGREEMENT:

Welcome to www.designedbyteachers.com.au, Designed By Teachers and its affiliates, which provide a web based service to you subject to the following Terms of Service, Privacy Policy and Copyright Policy – collectively referred to as the “User Agreement”.

These Terms set forth the legally binding terms for your use of Designedbyteachers.com.au and your permission to use the Designed By Teachers Service, and the memberships granted herein, are conditioned upon your acceptance and agreement to abide by our:

Terms of Service (include all links below and the user agreement in collaboration with each other).

Privacy Policy: https://designedbyteachers.com.au/privacy-policy/

Copyright Policy: https://designedbyteachers.com.au/copyright-policy...

Code of Ethics: https://designedbyteachers.com.au/code-of-ethics/

Collectively these are referred to as the Designed by Teachers USER AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

These Terms govern access to and use of the Service, whether in the capacity of a Seller, a Buyer or as a visitor, including the posting, sharing, selling or finding of Teaching Content / Products and participation in on-line forums, providing feedback, bulletin boards, wikis, chats, group discussions on social mediate and other communications used by Users. Parts of Designed By Teachers are publicly available to all visitors to the site. Parts of the Service are available only to Members. By registering as a Member with or using Designed by Teachers, including as a visitor, you acknowledge and agree to the Terms.

Terms of Service:

  1. DEFINITIONS

In these Terms unless the contrary intention appears:

‘ABN’ refers to the Australian Business Number that a seller is issued by the Australian Taxation department for the ability to sell on the service including trading name / store name.

‘Act’ refers to any behaviour that relates to the use of the service and using these terms;

‘Buyer’ means persons wishing to purchase or does purchase Teaching Content through the Service;

“Commission” or “commissions” refers to the payments to the seller, which is also the total earnings of the seller;

‘Members’ means those Buyers or Sellers (persons) who have provided the information required by Designed By Teachers to register as members;

‘DESIGNED BY TEACHERS’ refers to the web-based service available from the domain WWW.DESIGNEDBYTEACHERS.COM.AU and the operator of that domain;

‘Final Price’ means the total price that a buyer pays for each teaching content / product, including postage and handling costs that a sellers sets, in the check out;

‘Discount’ refers to the percentage off the final price in checkout;

'Earnings' refers to the percentage of the sales price that becomes the seller's income;

‘Listing Price’ or listed price of sale, refers to the price that the seller has advertised or set the teaching content / product to on the service.

‘Member Data’ means the information that the member or user has entered into the required fields in the online application during the registration process, or via the admin dashboard under ‘profile’ section;

‘Payment System’ refers to the use of a third party for collecting and distributing payments on the service for example Stripe or PayPal;

‘Payment System Service Fees’ refers to the fees charged by the third party payment system PayPal, Stripe etc…

'Processing Fee' refers to the payment collected in checkout for processing the payment from buyers;

‘Proof of Purchase’ means the purchase receipt issued by the service to the buyer or user;

"Rewards Points" refers to the points that the registered user receives and can redeem for a discount in the checkout;

‘Revoked Commission/s’ refers to those commissions that have been returned to the site due to double payment by user in checkout and a refund was issued by DBT, hence no commission is to be paid to seller;

“Royalties” refer to the commission that sellers receive for the sale of a product or products;

‘Seller’ means people offering to sell Teaching Content / Products through the Service;

‘Service’ means the services provided by Designed by Teachers, including the facilitation of the sale and purchase of Teaching Content/Products;

‘Service Fee’ refers to the commission that Designed by Teachers take from each sale on DBT for use of the service on www.designedbyteachers.com.au;

‘Teaching Content / Products’ means the original digital or physical educational materials created by Sellers OR ‘used goods’ offered for sale through Designed by Teachers;

‘Terms’ means these Terms and Conditions of Service;

‘Trading Name / Store Name’ refers to the name that the seller has opted to trade under on the service, through the seller’s dashboard and supplied a current ABN registered to that same name;

‘Used Goods’ or ‘Second hand Items’ means that the teaching product has already been purchased by the seller and the seller is re-selling the item as an used, at a significantly reduced price;

‘User’ means any Buyer, Seller or visitor to www.designedbyteachers.com.au;

‘User Name’ refers to the name chosen by a user when registering with Designed By Teachers for the purposes of identification which cannot be altered once registered with the service.

‘Visitor’ refers to that person who has visited the site or refers to a “teaching content / product” from our site www.designedbyteachers.com.au by placing link directly to our site on a forum; and

‘You’ refers to any user.

  1. DESCRIPTION OF SERVICE

Designed By Teachers is a web-based service available from the domain www.designedbyteachers.com.au The Service provides teachers with an on-line marketplace to buy and sell educational material directly from and to each other, which may consist of original digital or physical materials created by the seller or ‘used goods’ referred to as “teaching content / product”. The Marketplace will also include future projects for registered users including but not limited to a Collaborative Blog and Video Channel. Registered Users will have access to specific areas depending on their membership.

Designed by Teachers at no time owns any Teaching Content / products on behalf of Sellers or Collaborators. Sellers/Collaborators publish products/resources/items/posts/videos themselves in their own time, knowing that their earnings will be the commission rate based on their membership level.

Sellers are responsible for setting shipping and handling costs. This will done prior in the seller admin panel for each teaching content / product. Designed by Teachers have no responsibility to ship any products listed for sale on the web site www.designedbyteachers.com.au

  1. PRIVACY POLICY

Please review our Privacy Policy at www.designedbyteachers.com.au in the footer, which also governs your visit to the Site, unless otherwise noted. If another Privacy Policy is provided on a particular portion of the Site, then that privacy policy will govern your visit to that particular portion of the Site

  1. COPYRIGHT POLICY

Designed by Teachers respects the copyright of others. Its Copyright Policy is available at www.desingedbyteachers.com.au in the footer area. By accepting these Terms of Service, Users agree to be bound by that Copyright Policy, which is incorporated in and forms part of these Terms.

  1. USE OF SERVICE

The Service is intended for adults only. You must be at least 18 years old to use this site.

  1. FEES / PAYMENT / PRICING & SERVICES

(i) Fees

Sellers who wish to sell their Teaching Content /Products through the Service must join Designed by Teachers. Two types of membership are available for Sellers:

-PROFESSIONAL MEMBERSHIP – pay no annual membership fee;

-EXECUTIVE MEMBERSHIP – must pay an annual membership fee of $50.00AUD;

Basic Members and Premium Members will be charged service fees on sales made through the Service, as set out in paragraph 6(viii) below. Sellers can upgrade membership from the Professional level to the Executive level at any time. The membership fee is added to the seller's account automatically as a 'debit' and payment taken from their earnings. Sellers can opt to pay upfront for this fee and can do so by searching on the site for the product "Membership" and pay through Checkout. Once this is done, they must contact [email protected] and send screen shot or copy of payment to have their online account credited for this upfront payment. This is the responsibility of the seller.

Buyers who wish to purchase Teaching Content/Products through the Service can join Designed By Teachers. Buyers pay no membership fee to join and there is a process fee of $0.50 per paid transaction for Buyers who purchase materials from Sellers through the Service. The service reserves the right to alter this figure without warning but will update the figure in it's Terms Of use and user agreement;

(ii) Pricing of Teaching Content / products: Sellers are solely responsible for setting the prices for the Teaching Content /Products distributed through the Service. The listing price must be $2.00 or greater unless the price is being set at free (which is $0.00) and if the seller sets the price between $0.01 – $1.99, the seller consents to the administrator changing the price to $2.00 on their behalf;

(iii) Shipping & Handling: Sellers are responsible for setting shipping and handling costs. This will done prior in the seller admin dashboard for each product. Designed by Teachers have no responsibility to ship any products listed for sale on the web site www.desingedbyteachers.com.au. Sellers are required to contact [email protected] if they require confirmation of postal address.

(iv) Payment System Requirements: All sellers must have an active payment system account (PayPal – Premier version) connected to their registration to be able to be register successfully (if a seller requires an upgrade, please contact [email protected] for instructions as this process is free and simple). Users are required to pay for their teaching content / product through PayPal. These account details are to be located in the seller’s dashboard under ‘profile’. A second payment system maybe activated at anytime by Designed by Teachers, without warning. Sellers have 7 days to set up or activate their own account with this payment system (stripe) when notified by Designed by teachers or their account maybe unable to process purchases. The services has the right to alter the payment system or process at anytime and will provide notification through the Sellers Facebook group and via email.

(v) If more than one payment system is active in the checkout, it will be the buyer’s choice to which payment method they complete the transaction with at their checkout page.

(vi) Commissions/earnings will be paid to the seller via PayPal, each 7-14 working day;

(vii) The service is responsible for paying the scheduled service fees charged by PayPal and Strip when paying the earnings to sellers for the teaching content / products sold on the service, as well as the hostage costs for storing files once the seller uploads via the site www.designedbyteachers.com.au;

(viii) In consideration for the Service, the Seller agrees to receive a commission for all Teaching Content/Products sold to Buyers through the Service on the following terms: Professional Members will receive a 62% commission of the ‘final price’ of each item of Teaching Content/Products or ‘used goods’ sold; and Executive Members will receive a 82% commission of the ‘final price’ of each item of ‘Teaching Content’ or ‘used goods’ sold;

(ix) Designed by Teachers will notify Sellers by email with one email that tallies / summarises sales for the day prior;

(x) Sellers will make the Teaching Content File available via the Service to the Buyer for up to 120 days with unlimited downloads (subject to the uploading of the Teaching Content to the Service via the “Products” area in the seller's dashboard) and subject to buyers creating an online account on Designed By Teachers, unless the sellers has opted to host their product on a third party site like drop box or Amazon;

(xi) In the instance that CAL (Copyright Agency Limited) notify Designed By Teachers of a reproduction stemming from the copy of a sellers teaching content /product originating via a sale from the site, that seller is 100% liable for payment of any associated costs or dispersements of accounts, issued to Designed By Teachers, by CAL. Seller’s account with Designed By Teachers will be suspended until this payment is made in full.

  1. ADDITION TERMS & OBLIGATIONS OF SELLERS

At no time can a seller post, promote or upload a link or refer to a website or blog to the ‘service’ that takes users to another online marketplace or store to purchase teaching content / products.

By listing an item for sale, the Seller affirms and warrants that:

(i) the seller has the right to sell the item;

(ii) the seller is operating within the code of conduct, Australian Standards and ethics of Australian Education State Departments to which they are registered with, if they are a current teacher;

(iii) selling of the teaching content / product does not infringe upon any copyright law, thirty party rights or trademark rights.

(iv) the listing is accurate, current, complete, does not contain any illegal or offensive material or images, does not contain virus or malware, and is not misleading or otherwise deceptive;

(v) the seller agrees to upload an image for their products and no more than 5 images in the product description section of the dashboard with uploading teaching content / product, which is no more than 5 images in total. If a seller fails to upload an image for their product, they give permission for the ‘service’ to upload the general image for their item;

(vi) when the selling is setting the listing price, their earnings are the commission rates based on their membership;

(vii) when selecting categories, the seller will select no more than 12 categories in total;

(viii) they will not, unless otherwise authorised, use or disclose to any third party, any order information or other data or information regarding Buyers or any other Users of the Service, which is obtained through the Service or disclosed to Sellers by Designed By Teachers, in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfil their obligations under these Terms.

(ix) The seller is fully responsible for the downloadable file and all the contents of the files they upload on the ‘service’ and will make it available for the buyer for at least 120 days from date of purchase;

(x) Sellers are responsible to sign up to DBT newsletter subscription and Facebook Seller group via the email notification sent once their store is approved. They are responsible for reading and getting in contact with both of these forms of communication to be kept up to date with promotions and information for sellers;

(xi) Sellers are responsible for participating in promotions that the service advertise in Facebook (DBT Sellers Group) and put on FREE of charge to sellers. This includes but not limited to; following instructions given for each promotion, being responsible for adjusting their prices of their items both before and after each promotion, promoting themselves in social media;

(xii) At least one sample of Teaching Content / product (digital items only), will be made available to Buyers at no charge at all times when Sellers are offering Teaching Content for sale via the Service.

(xiii) Sellers may opt to store their digital resource in a third party location (like amazon or drop box) and the seller is solely responsible to maintain this link is fully functioning for all users at all times. They are responsible to ensure their links follow this agreement and liable for all downloading issues, should they arise from exercising this option of storage. The service will take no responsibility for problems that occur with those sellers who store their resource off site (not on the service) www.designedbyteachers.com.au. Seller must seek approval by requesting permission from the ‘service’ on email [email protected] stating clearly stating (i) the name of the third party location and (ii) provide a copy of the file name / link in the email.

(xiv) If the product file is over 150MB then sellers are required to host their product on a third party site (like Amazon or dropbox) and they are required to seek approval through [email protected] clearly stating (i)the name of the third party location and (ii) provide a copy of the file name / link in the email. DBT will take no responsibility in supplying the digital item to the buyer, the seller is completely 100% responsible for this.

(xv) Sellers may elect to have their teaching content / products promoted on the service in a premium location or in a newsletter. This is a pre-paid service with pricing listed on the service www.designedbyteachers.com.au and the seller is responsible to pay all fees upfront through PayPal or Stripe account (PayPal will be the default account if there is no stripe account). Those sellers who purchase a pre-paid service to have their product promoted must remain 100% confidential and not discuss with other users of the site.

(xvi) From time to time, Designed By Teachers may hold a site discount promotion which will include a ‘discount’ off the final price in checkout. The discount will be taken off the total and seller’s commissions will be based on the price of the sale after the discount is taken out.

(xvii) Sellers are liable for printing off their sales records through the ‘commissions / earnings’ area in their dashboard, for account or taxation reasons and declaring their earnings in alignment with Australian Taxation Office. They are also responsible for filing receipts of payments from PayPal or the service, to use for taxation reasons / declarations.

(xviii) Sellers must include any tax (if they are personally liable) in their ‘listing price’. Sellers are responsible to pay 100% of any tax due (if any is applicable).

(xix) Sellers must attempt to resolve any issues with their buyers to avoid negative feedback.

(xx) Sellers are not permitted to use the buyers contact information for use outside the terms and condition of the service, nor are they permitted to export the buyers information from the site for any reasons. Sellers are not permitted to add the buyers information and store on third party site or location off the site.

(xxi) Sellers agree to allow the site full access to their dashboard and their account should they be required to assist sellers, investigate any complaint and to correct / check information, orders, payments or any other action that the service needs to do when operating.

  1. TERMS FOR BUYERS

Designed by Teachers cannot restore access to or provide copies of, purchased materials that are no longer on the service.

Buyers agree:

(i) When Buyers purchase Teaching Content / product they will have the unlimited right to download the Teaching Content. The Teaching Content will remain available for download in the Buyer’s on-line account for 120 days from the date of purchase.

(ii) Buyer’s agree to pay in full for all Teaching Content/product purchased through the Service, and agree that Designed by Teachers may charge their credit card or PayPal or Stripe account for any Teaching Content/Products purchased, including any additional amounts (including any taxes, processing fee and late fees, as applicable).

(iii) Buyers are responsible for the timely payment of all sales prices and fees, and for providing Designed by Teachers payments of all fees and charges. This includes the processing fee of $0.50 paid to the service during checkout;

(iv) All charges and fees will be billed to the credit card or the PayPal or Stripe account specified in the Buyer’s checkout.

(v) There may be a temporary disruption of access to the Service until Designed by Teachers can verify the validity of new credit card or PayPal or Stripe account information.

(vi) Buyers agree that delivery of the Teaching Content/product does not transfer any commercial or promotional rights in the Teaching Content / product.

(vii) Buyers agree that their use of the Service (including purchase of Teaching Content / product) constitutes acceptance of the Terms to use the Service and by purchase Teaching Content /product affirm they will act in accordance with these Terms and the Seller’s terms of sale and that any other use of the Service or Teaching Content / product may violate copyright and other laws.

(viii) Buyers will not, unless otherwise authorised, use or disclose to any third party, any order information or other data or information regarding Sellers or any other Users of the Service, which is obtained through the Service or disclosed to Buyers by Designed By Teachers, in connection with a transaction made via the Service, for any purpose except as necessary to complete transactions made through the Service and otherwise fulfill their obligations under these Terms. This includes but is not limited to; forwarding emails that they have received from the service;

(ix) Designed By Teachers may at our sole discretion, make original digital teaching content you purchase available indefinitely, and your access to the material through your dashboard may be disabled if the material is removed from the Service, for example, if the seller account is closed due to a breach of the User Agreement. For this reason, we suggest you to download your materials immediately after purchase and keep a backup copy in a safe place.

(x) Buyers are responsible for keeping/printing their ‘proof of purchase’ when they purchase from the ‘service’. The receipt of purchase from designed by teachers and PayPal receipt will work in conjunction with each other, if using to claim for taxation purposes.

(xi) Buyers must contact the seller seeking assistance with an issue about the resource / purchase OR contact DBT support area, to resolve any issues prior to leaving negative feedback. DBT have the right to withhold negative feedback, if buyer fails to follow this agreement.

  1. ELECTRONIC SIGNATURES & RECORDS

Users of the Service acknowledge that:

(i) use of the Service includes the ability to enter into Terms and to make purchases electronically;

(ii) their electronic submissions constitute their agreement and intent to be bound by and to pay for such agreements and purchases;

(iii) their agreement and intent to be bound by electronic submissions applies to all records relating to all transactions entered into on this site, including notices of cancellation, policies, contracts and applications; and

(iv) in order to access and retain electronic records, it may be necessary to have certain hardware and software, which are Users sole responsibility.

(v) all users are responsible for keeping their own record of transactions for the legally required number of years for taxation purposes.

  1. LIMITATIONS

(i) Direct interactions (if any) with other Buyers, Sellers, Members or Users of the Service, including the purchase, sale, payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the individuals. Like with any internet based interaction, we suggest that you use caution and good judgment.

(ii) All users understand and agree that Designed by Teachers is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Seller or Buyer (or any visitor) for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or Member’s use or disclosure of your personally identifiable information.

(iii) If there is a dispute between you and a third party (including any member, user or visitor of the service), Designed by Teachers is under no obligation to become involved, and you hereby release Designed By Teachers from any claims, demands or damages of any kind and of any nature arising out of or relating to any such dispute. You agree that you are solely and exclusively responsible for abiding by any local, state or federal laws and taxes (including sales tax) that might apply to any sales you make in connection with service.

(iv) Designed By Teachers uses and discloses User’s personally identifiable information in accordance with its Privacy Policy.

  1. LICENCES GRANTED BY SELLERS

(i) Licenses Granted to Designed by Teachers.

When a Seller uploads or submits Teaching Content / products through the Service, you (the seller) retain ownership of any copyright claimed for the Teaching Content / product. However, by making Teaching Content available through the Service, Seller’s grant Designed by Teachers a royalty-free, perpetual, irrevocable, non-exclusive, worldwide, sub licensable right to exercise any copyright, publicity, trademark and database rights the Seller has in the Teaching Content, as are reasonably necessary to make the Teaching Content available through the Service.

If a Seller cancels their membership and removes their Teaching Content from the Service, the licence referred to in this paragraph will be deemed revoked at the time that the Seller cancels their membership and removes all Teaching Content. If a buyer or buyers has purchase the teaching content/product prior to your cancellation or removal of your seller’s membership, then Designed by Teachers license shall not be cancelled under these terms, and make content available to such buyers.

(ii) Sellers Control License Rights Related to Teaching Content.

Sellers represent and warrant that the Teaching Content is (a) original and no other party has any rights in the teaching content / product OR (b) the teaching content / product is a ‘used’ item that you purchased and being resold as a second hand item.

It is the Seller’s responsibility to give notice to Buyers of the terms under which Sellers offer Teaching Content/product to Buyers.

Seller retains the licence to the Teaching Content / products and the legal title / ownership does not transfer from the seller to the buyer unless explicitly agreed between the seller and buyer in writing.

  1. REGISTRATION OBLIGATIONS

Users of the Service, represent and warrant that they are at least 18 years of age. Users of the Service covenant and agree that they will provide complete and accurate information required by the Service’s registration form ‘Member Data’ including all current contact details – phone and address etc; and will maintain and promptly update the Member Data to keep it true, accurate and current at all times.

  1. MEMBER & VISITOR CONDUCT

As a condition of using the Service, Members and Visitors agree that they:

(i) must be a registered Member to buy or sell Teaching Content through the Service;

(ii) are required to select a member identification including ‘User Name’ and password.

(iii) are responsible for maintaining the confidentiality of their User Name and password;

(v) are responsible for all activity that occurs under their User Name;

(vi) are solely responsible for their conduct and any content, materials or information that they submit, post, and display on the Service, or that they allow others to submit, post and/or display on the Service under their User Name;

(vii) will not attempt to, or encourage or assist any other person to, circumvent or modify any system, security technology or other software that is part of the Service or used to administer the rules contained in these Terms;

(viii) will not upload, post, email, transmit or otherwise make available any content, materials or information to, on or through the Service that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(ix) will not upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, mail or any other form of solicitation;

(x) will not transmit any worms or viruses, spyware, malware or any other harmful or destructive code;

(xi) will not use the Service for any illegal or unauthorised purpose;

(xii) will not impersonate any person or entity;

(xiii) will not transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;

(xiv) will not transmit email or any other content that is false, misleading or deceptive;

(xv) will not sell or offer for sale materials that infringe the proprietary rights of another person or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that they do not have a right to make available under any law or under contractual or fiduciary relationships;

(xvi) will not manipulate the price of any item or interfere with other Members’ listings;

(xvii) will not advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

(xviii) will not provide materials or any other content for download that contain viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

(xix) will not disrupt the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects Members’ and visitors’ ability to use the Service;

(xx) will not employ misleading email or IP addresses, or otherwise manipulate identifiers in order to disguise the origin of content transmitted through the Service;

(xxi) will not attempt to gain unauthorised access to the computer systems of Designed By Teachers or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

(xxii) will not stalk or otherwise harass anyone on or through the Service;

(xxiii) will not collect any personally identifying data about Members or visitors for commercial or unlawful purposes for any use outside the terms of this agreement; and

(xxiv) will not use automated means to download data from the Service without the permission of Designed by Teachers.

  1. INAPPROPRIATE USER-SUBMITTED CONTENT

Designed by Teachers prohibits certain User conduct and content described above and, without obligation, will use its reasonable efforts to eliminate such conduct and content from the Service. Users acknowledge and agree that:

(i) Designed By Teachers is not, and cannot be responsible or liable for any content, information or materials posted by Users on the Service;

(ii) they may be exposed to any materials, information or content posted by Users on the Service; and

(iii) they bear all risks associated with the exposure to and/or use of any materials, information or content posted by Users on the Service, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content.

(iv) Designed by Teachers has the right to, but is not obliged to pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials from or on the Service, at any time for any reason, at the discretion of Designed By Teachers.


15. THIRD PARTY BUSINESSES

Designed By Teachers provide links to the sites of affiliated companies, resources, advertisements, published articles, journals, news, and certain other third-party literature and businesses. Because Designed By Teachers has no control over the content of linked-to sites or the quality of the goods or services offered by third parties through linked-to sites, you acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties or the content on, or the availability of, their Web sites. You acknowledge and agree that Designed By Teachers shall not be responsible or liable to you in any manner, directly or indirectly, for the actions, products or services of, or the content provided by, these or any other third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any third party and/or the quality of any goods or services offered by any third party through a linked-to Web site or otherwise. Any use of or reliance on the contents or services of such an external web site or resource is at Users own risk and Users assume all responsibilities and any consequences resulting from such use or reliance.

16. SITE ACCURACY

Designed By Teachers makes every attempt to provide you with accurate information. However, we do not warrant or guarantee that the Site content is accurate, complete, reliable, current, or error-free. If a product or service offered by a seller is not as described, you have no remedy against Designed By Teachers. Your sole remedy will be against the offending Seller.


17. REFUND POLICY

All physical and digital teaching content / products for sale are final and no refunds are available, unless there is a double payment in checkout within short time frame (example 10-20 minutes). If this is the case, then a refund will be actioned through admin and any commission will be ‘revoked’ and displayed in the vendor dashboard. If a digital resource is defective; product is materially deceptive or misleading; or item has not been shipped within 2 weeks of payment being made by the buyer, Designed By Teachers may in its sole discretion make exceptions to this policy on a case-by-case basis and may issue the buyer a refund for such a purchase in the form of a store credit (to be used on the site www.designedbyteachers.com.au). If a refund is issued to a buyer, Designed By Teachers will have the right to re coup this fee from the seller. The product will be removed from the service and seller must re-submit the product and require admin approval prior to publishing live on the service.


18. CONFIDENTIALITY

You agree that all information you provide to Designed By Teachers will be true, accurate, and complete. You agree to maintain the confidentiality of any identification number, key or password (“identifiers”) that you are provided by Designed By Teachers. You agree to accept full responsibility for all activities that occur under your account or any of your Identifiers. You agree to immediately notify Designed By Teachers of any unauthorised use your account or any of your Identifiers or any other Designed By Teachers is not responsible for any misuse of your account by someone who uses your Identifiers.


19. INDEMNITY

By accepting these Terms, Users agree to indemnify and hold harmless Designed by Teachers and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable legal fees arising out of any claim made by any third party relating to or arising out of: the Teaching Content; use of the Service; actual or alleged breach of these Terms (including the Copyright Policy and Privacy Policy & Agreement); actual or alleged infringement of any third party intellectual property or proprietary rights; or actual or alleged violation of any applicable laws, rules, regulations or rights of others.


20. WARRANTIES & DISCLAIMERS

Users agree that use of the website and the Service is at the sole risk of the User. Designed by Teachers, its affiliates, agents and their officers, directors, and employees, disclaim all warranties, express or implied, in connection with the website, the Service and Users access to and use of the Service, including any implied warranty of merchantability, title, non-infringement, or any implied warranty arising from course of dealing or usage of trade. Designed by Teachers makes no warranties or representations about the credibility of the Members, including that Members will perform as promised, about the truthfulness, accuracy or completeness of the Service’s content or the content of any sites linked to the Service, or the availability, quality, characteristics, legitimacy, functionality, pricing, shipping, delivery, security or safety of any products or content (including, without limitation, any Teaching Content/products) listed for sale on this Service, or any product descriptions or product literature. Designed by Teachers also makes no representations or warranties that the contents of the Service or any products listed for sale on the Service are fit for any particular purpose or will meet any User’s requirements, and assumes no liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Service; any harmful or destructive code which may be transmitted to or through the Service by any third party; any errors or omissions in any Teaching Content, or for any loss or damage of any kind incurred as a result of the use of any Teaching Content/product emailed, transmitted, sold or otherwise made available via the Service. Designed by Teachers does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any website, hyperlinked or featured in any banner or other advertising, and Designed by Teachers will not be a party to or in any way be responsible for monitoring any transaction between Users and third-party providers of products or services (including any Sellers or Buyers). Designed by Teachers is not responsible for any damages or claims resulting from: Members directly contacting other Members; transactions conducted outside of the Service, including transactions that may originate through the Service but are completed offline or outside of the Service.

  1. LIMITATION OF LIABILITY

Users agree that Designed by Teachers, its affiliates, and agents and their officers, directors, and employees shall not be liable to users for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to: damages for loss of profits, goodwill, reputation, data or other intangible losses, resulting from the access to or the use or the inability to use the Service; the cost of procurement of substitute goods or services resulting from any Teaching Content/products purchased or obtained or messages received or transactions entered into, through or from the Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Service; or any other matter relating to the Service. Where the liability of Designed by Teachers cannot be limited in accordance with the previous statement, the liability of Designed by Teachers to Users or any third party shall be limited to the lesser of: the total amounts paid by Users to Designed by Teachers during the 12 months prior to the claim or action allegedly giving rise to such liability; or $100.00.

  1. TERMINATION OF ACCOUNTS

Designed by Teachers reserves the right to refuse service, terminate accounts, remove or edit content at any time in its sole discretion. If Designed By Teachers terminates a User’s account, that User’s right to use the Service will cease immediately. Users may terminate their Member account at any time and for any reason, and Designed by Teachers will make available through the Service reasonable means for Users to do so.

Sellers wanting to close their accounts, must notify [email protected] that they wish to deactivate their account. Resources / products purchased within last 120 days must be made available to buyers as per this user agreement.

All provisions of the Terms will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

23.TRADEMARK & LOGO

Designed by Teachers logo and name are not to be displayed or used without prior written consent from Designed by Teachers.

  1. GOODS & SERVICES TAX

Users agree that they are solely and exclusively responsible for any GST that applies to any sales made in connection with the Service. The amount payable for any taxable supply made under or in accordance with this Agreement is exclusive of GST. The amount payable for any taxable supply made under or in accordance with this Agreement shall be increased by the rate of GST imposed by law. Sellers residing in a country other than Australia are not required to add GST to their selling prices.

25. PROOF OF PURCHASE / INVOICE / RECEIPT OF PURCHASE

The service will supply (via email) a proof of purchase to the buyer, which clearly states the users name, date of purchase, item of purchase, purchase ID, subtotal & total. A payment receipt will be raised by the payment system that the buyer selects at the checkout. The tax invoice issued by the third party payment system will state the name(s) of the seller(s) (including if there are multiple), the name of the service and the name of the buyer. The tax invoice will also state the amounts payable to each party (the ‘service’ and each seller). These two receipts will work in conjunction as a tax receipt for taxation purposes.

26. ABN DECLARATION

It is the seller’s sole responsibility to declare their earnings from Designed By Teachers, to the ATO and the payment system (ie. PayPal and Stripe).

  1. Miscellaneous Provisions and General Terms

(i) Reproduction Prohibited:

No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, other than in accordance with these Terms. Modification of the materials or use of the materials for any other purpose is prohibited.

(ii) Entire Terms:

The Terms of Service, including the Copyright Policy and Privacy Policy of Designed By Teachers, which are incorporated by reference above, constitute the entire Terms between Users and Designed by Teachers and governs use of the Service.

(iii) No Agency:

Designed by Teachers is not the agent or representative of any Users (including any Sellers or Buyers), Designed by Teachers is a service provider that enables Users to communicate with and sell buy goods from each other.

(iv) Waiver and Severability:

The failure of Designed by Teachers to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.

(vi) Future Modifications of Terms of Service:

Designed by Teachers reserves the right to modify the Terms of Services at any time, by posting the amended Terms on this website. Designed by Teachers may provide Users with notices, including, without limitation, those regarding changes to these Terms and any other service-related announcements, by email or posting notices on the Service. Continued use of the Service indicates acceptance of the amended Terms of Service. If you do not agree to these Terms or any modified version of these Terms, do not continue to use the Service or access the web-site.

(vii) Future Changes in the Service:

Designed by Teachers reserves the right at any time, and from time to time, to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. Designed by Teachers will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

(viii) Governing law:

This Agreement is governed by the laws of Queensland and the Commonwealth of Australia.

(ix) Choice of law and Venue:

Any dispute that may arise between you and Designed By Teachers, including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the State of Queensland, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Brisbane in all disputes arising out of or relating to the use of the Site. Should a party fail the above user agreement terms or if there is any issue of threatened violation to Designed by Teachers intellectual property rights, Designed By Teachers has the right to legal action including but not limited to an injunction through the Court and if we prevail, legal costs incurred to do so, will be sought against you.

(x) Dispute Resolution

Any dispute that arises relating to any of these terms, or the service, shall be submitted exclusively and confidentially to Designed By Teachers via [email protected], and both parties will attend a dispute mediation with the intent to resolve, within 50KM of Designed by Teachers location in Queensland prior to starting any legal applications. Both parties are liable for their equal portion for dispute mediation and entitled to utilise mediation offered by the Queensland community programs.

(xi) Relationship

Unless otherwise specified nothing in this Agreement creates a relationship of principal and agent, employer and employee, partnership or joint venture between the parties.

(xii) Severance

Any provision of this Agreement that is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from this Agreement but only to the extent necessary to avoid that effect. All other provisions of this Agreement continue to be valid and enforceable.

(xiii) Assignment

Designed By Teachers may assign this agreement to any successor or purchaser of Designed By Teachers or all or substantially all of its assets.

(iv) Interpretation

In these Terms unless the contrary intention appears:

-a reference to dollars is to Australian dollars;

-the singular includes the plural and vice versa;

-a reference to a person includes any corporation, partnership, joint venture, trust, association, government, or public authority and vice versa;

-a reference to any party to this or any other document includes the party’s successors and permitted assigns;

-a reference to a document is to that document as amended, novated, supplemented, varied or replaced from time to time and includes any annexures, schedules and appendices to that document, except to the extent prohibited by that document;

-mentioning anything after include, includes or including does not limit what else might be included;

-a reference to a person that comprises two or more persons means those persons jointly and severally; and

-the headings are for convenience only and do not affect the interpretation of this Agreement.

CONTACT INFORMATION

Please forward any questions, comments or reports of violation of this agreement / terms to [email protected] and our customer service will respond.

LAST UPDATED 24 March 2017.