In becoming a member you agree to the following terms and conditions
TERMS & CONDITIONS – TIPIAC MEMBERSHIP
Last updated: 29 January 2021
(a) Your TIPIAC Membership gives you access (via our website) to a range of resources designed to bring indigenous perspectives into Australian classrooms.
(b) The types of resources you will have access to depends on whether you have selected a Red Ochre, Gold Ochre or Whole School Membership and the access level you have selected (further details of each membership type and the different access levels are available on our website.
(c) If you are accepting this Agreement on behalf of an educational institution, you warrant that you are authorised to accept this Agreement on behalf of the educational institution.
(d) This Agreement commences on the Commencement Date and will operate for an initial term of 12 months. You can renew this Agreement annually. The Membership Fee for any renewed term will be the fee displayed on our website at the time of renewal. You will be sent renewal notifications prior to the expiry of the Agreement.
- YOUR MEMBERSHIP
(a) Your Membership allows you to gain access to our website and to download and use the TIPIAC Resources.
(b) In order to become a member, you will need to register an account via our website. You will be asked to input a username and password. You agree to be responsible for maintaining the security of your user name and password.
(c) To register for Membership, you must:
(i) provide valid credit card or other payment details;
(ii) provide us with any information reasonably requested by us, including for example your full legal name, postal address, email address, mobile phone number and bank account or credit card details;
(iii) for Gold Ochre and Whole School Memberships, provide the teaching level for which the TIPIAC Resources will be used ; and
(iv) accept the terms of this Agreement.
(d) Where you hold a Red Ochre or Gold Ochre Membership, you must not share your user identification details and password with any other person.
(e) Where you hold a Whole School membership, you can designate additional people as account holders. You must not (and must use reasonable endeavours to ensure that designated account holders do not) share your user identification details and password with any other person.
(f) You may accept this Agreement electronically.
- PAYMENT & GST
You agree to pay us the Membership Fee on an annual basis in advance, with the first payment to be made when you register your account.
(g) You agree to pay the Membership Fee by credit card through our secure third-party online service located at www.stripe.com/au.
(h) Membership Fees are not refundable, except as expressly set out below.
- INTELLECTUAL PROPERTY
We own or have rights to the TIPIAC Resources, including but not limited to, images, photography, graphics, artwork, text and other material used in the TIPIAC Resources and on our website, including the intellectual property rights therein.
(a) This Agreement does not transfer any intellectual property rights to you.
(b) To the extent required to use the TIPIAC Resources, we grant you a royalty-free, non-transferable, non-exclusive license to use and access the TIPIAC Resources for non-commercial educational and teaching purposes.
You may not use our trade marks, name or branding, except as displayed on the TIPIAC Resources, without our prior express written permission.
- INDIGENOUS CULTURAL AND INTELLECTUAL PROPERTY
The parties acknowledge and agree that to the extent that ICIP is included, incorporated, referenced or captured in the TIPIAC Resources:
ownership of the ICIP will remain with the traditional owners or custodians of the ICIP; and
(c) the parties will ensure that the traditional owners or custodians continue to be recognised as owners of the ICIP, unless otherwise advised by the traditional custodians of the ICIP.
- USE OF TIPIAC RESOURCES
You must only the TIPIAC Resources for non-commercial educational and teaching purposes.
(d) The TIPIAC Resources must be used as provided. No alteration or modification is permitted unless approved in writing by us.
(e) You must notify us if you become aware of any use the TIPIAC Resources (including any ICIP) by someone that does not have rights to use those resources.
(f) You must not:
(i) represent that you own the intellectual property rights in any of the TIPIAC Resources;
(ii) represent that you own any ICIP included, incorporated, referenced or captured in the TIPIAC Resources;
(iii) make changes to the TIPIAC Resources that are disparaging to us or any ICIP owner; or
(iv) use the TIPIAC Resources for commercial purposes, including distribution or resale.
(g) You must not:
(i) share your user name and password with any other person (except as permitted above if you have a Whole School membership); or
(ii) provide the TIPIAC Resources to any person who is not one of your students.
(h) If you hold a Whole School Membership, you must use reasonable endeavours to ensure that designated account holders comply with clause 6.1(e).
When you access our website (including the TIPIAC Resources), we will collect information, which may include personal information about you.
We will use reasonable endeavours to make our website and the TIPIAC Resources available 24 hours a day, seven days a week, except for periods of downtime necessary for maintenance and security updates. Where possible, we will give you reasonable notice of any material periods of unavailability of our website. We do not guarantee full availability of our website or the TIPIAC Resources.
- PRODUCT CHANGES
We reserve the right to modify our website and the TIPIAC Resources, including updating, adding or removing resources, website features or functionality.
(k) We may discontinue to provide our website and / or the TIPIAC Resources in our absolute discretion by notice to you. We are not liable to you for any compensation or claim caused by any discontinuance, except for a pro-rated refund of the Membership Fee for the unused period, if applicable.
Either party has the right to terminate this Agreement by notice in writing to the other party if the other party commits a breach of this Agreement and either:
(i) the breach is material and not capable of being cured; or
(ii) the breach is capable of being cured and the defaulting party fails to cure the breach within seven days of being notified in writing of the breach by the party giving the notice.
(l) We may terminate this Agreement or suspend your membership by notice in writing to you, if you hold a Red Ochre or Gold Ochre Membership and you share your username and password with another person.
(m) If we terminate this Agreement in accordance with clause 10(a) or (b), you will not be refunded for any remaining period of your Membership.
(n) If this Agreement is terminated, your Membership will also terminate.
- LIMITATION OF LIABILITY
While we will use reasonable care and skill in operating our website, we cannot promise that the website will always be available or completely free of faults or errors.
(a) To the maximum extent permitted by law, except as expressly set out in the Agreement, we:
(i) make no representations or warranties, whether express or implied, in relation to our website or the TIPIAC Resources; and
(ii) exclude any liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user or person in connection with our website or the TIPIAC Resources.
(b) To the maximum extent permitted by law, we limit our liability to you, whether in contract, tort (including negligence), or otherwise, to your annual Membership Fee.
(c) To the extent that any implied warranty or statutory guarantee cannot be excluded by law, TIPIAC’s liability for breach of that warranty or guarantee will be limited to TIPIAC’s choice of re-supplying the applicable resources or paying the cost of any such re- supply.
- CHANGES TO THE TERMS
We may vary this Agreement from time to time. We will give you at least one months’ notice of any variation via our website, or by email (and you consent to receiving email communications for this purpose).
(d) Where we vary this Agreement in accordance with clause 12(a) in a manner which negatively effects your use of your Membership, you will be entitled to terminate this Agreement by providing written notice to us no later than 14 days before the change is due to take effect and your Membership Fee will be refunded on a pro-rated basis.
- GOVERNING LAW
This Agreement is governed by the law in force in New South Wales, Australia. Each party submits to the exclusive jurisdiction of the New South Wales courts.
(a) We may assign or transfer our Agreement with you, including our associated rights and obligations, at any time and you agree to cooperate with us in connection with such an assignment or transfer.
(b) You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without our prior written consent.
- ENTIRE AGREEMENT
- ELECTRONIC COMMUNICATIONS
We will send you information relating to your account (eg. payment authorisations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only.
- CONTACT US
Please contact us using any of the following methods:
Commencement Date means the date that you agree to the terms of this Agreement.
Indigenous means Australian Aboriginal and Torres Strait Islander.
Indigenous Cultural and Intellectual Property or ICIP means cultural heritage belonging to Indigenous peoples. Cultural heritage includes existing and future objects, knowledge and literary and artistic works, which are regarded as relating to an Indigenous group or its territory.
Membership means the membership type you have selected, being either Red Ochre, Gold Ochre or Whole School.
Membership Fee means the annual fee payable by you for the Membership, as set out on our website at the Commencement Date or at the date of any renewal.
TIPIAC means trading as TIPIAC Pty Ltd.
TIPIAC Resources means the teaching resources available to members via our website.1