Terms and Conditions
The Good Schools Guide Terms and Conditions
Welcome to the Good Education Group ("Good Education Group") website (the Site ) at www.goodschools.com.au, owned and operated by Good Education Group. This Agreement contains the terms, covenants, conditions, and provisions (the Terms of Use ) upon which you (the "you" or User ) may access and use the Site.
Terms of Use
Your access to and use of the Site is conditional upon you agreeing to be bound by these Terms of Use. By visiting the Site, you, the User, indicate that you understand these Terms of Use and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms of Use and agree to be legally bound and to abide by them without any limitation or qualification. If you do not agree to these Terms of Use, please discontinue your use of the Site.
Please note that Good Education Group reserves the right to change the Terms of Use under which the Site and their offerings are extended to you. Any such change shall be effective upon notice, which may be given by Good Education Group posting such change on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Good Education Group. Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Site, delivered by e-mail, or provided in any other reasonable way constitutes reasonable and sufficient notice.
1. USE OF SITE
You may use the Site in accordance with, and subject to your continued compliance with, these Terms of Use. You may print and download materials and information on the Site solely for personal and non-commercial use, or only to the extent permitted by an Other Agreement (defined in 24 below) for internal business use, provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information, and for the purpose of doing business with Good Education Group. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Site. As a further condition of use of the Site, you warrant to Good Education Group that you will not use the Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms of Use. You further warrant that you will not attempt or actually systematically extract data contained in the Site to populate databases for internal or external use.
2. PROVISION OF INFORMATION
When you provide information to Good Education Group through a Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from Good Education Group for any purpose.
3. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through a Site. You agree that, when in the future you visit a Site, your agreement or consent to these Terms of Use will be legally binding and enforceable and the legal equivalent of your handwritten signature.
4. INTELLECTUAL PROPERTY RIGHTS
All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, Australian copyright and trademark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein, Good Education Group does not grant any express or implied right(s) to you. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than Good Education Group. Removing or altering the copyright notice on any material on the Site is prohibited. Good Education Group owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's content.
Good Education Group, the Good Education Group logo, and all other trademarks, names, logos, and icons identifying Good Education Group or Good Education Group's products and services are proprietary marks of Good Education Group. and its subsidiaries and are registered and/or common law trademarks of Good Education Group and its subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Good Education Group. In addition, all intellectual property rights in the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, belong to Good Education Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of Good Education Group. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Good Education Group.
The contents of this Site are ©2015 Good Education Group ®. All rights reserved worldwide.
5. PRIVACY POLICY
Any information that you submit to Good Education Group or that Good Education Group collects through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Please see Good Education Group's Privacy Policy for a summary of our practices regarding the collection and use of personal information. Acceptance of these Terms of Use constitutes consent to Good Education Group's collection and use of personal information as outlined therein.
6. YOUR REGISTRATION INFORMATION
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ( Registration Data ); (b) maintain the security of your password and accept responsibility for all activities that occur under your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Good Education Group, and to keep it accurate, current and complete; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to Good Education Group.
7. COMPLIANCE WITH APPLICABLE LAWS
Your access to the Site is governed by all applicable federal and state laws. You agree to fully comply with all such laws.
8. CODE OF CONDUCT
You agree not to do any of the following:
- Restrict or inhibit any other person from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, another person's account without the person's permission, (b) obtaining or soliciting another person's password or other personal information under false pretences, or (c) impersonating another person or otherwise misrepresenting yourself to Good Education Group, our affiliates, the Site's systems, or other entities.
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorised to access. Unauthorised access (or attempts) may subject you to civil and/or criminal penalties.
- Post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information.
- Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by Good Education Group) information or material.
- Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
- Use the Site to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any material is protected by copyright, trademark or other proprietary right rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party's rights. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.
- Use the Site for any unlawful purpose.
- Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
- Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
- Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
- Misuse any e-mail function available on or through the Site. This includes, without limitation: (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, spam, chain letters, mail bombs, or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
9. USE OF INTERACTIVE AREAS
The Site may contain discussion forums in which you or third parties may post reviews of, make recommendations for or give ratings of content, events, products, services or third-party providers, or post other content, messages, materials or other items on the Site ("Interactive Areas"). If Good Education Group provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with the Code of Conduct set forth in 8 above with respect to your use of the Interactive Areas. You acknowledge and agree that Good Education Group may set up any such forum to be accessible by all Site users or by certain Site users elected at the sole discretion of Good Education Group (or any designee chosen by Good Education Group). Eligibility for access or membership in any given forum (or any continued access and membership) shall be determined by Good Education Group (or its designee) in its sole discretion, and you may not be given access to certain forums.
No review, recommendation or rating on this Site or in any Interactive Area shall be deemed to be an endorsement by Good Education Group of the particular matter subject of the review, recommendation or, if such matter is a third-party provider, a guarantee of such provider's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
Good Education Group takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Good Education Group liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Good Education Group is not liable for any statements, representations or content provided by you or other users of the Site in any public forum, personal home page or other Interactive Area. Although Good Education Group has no obligation to screen, edit, or monitor any of the content posted to or distributed through any Interactive Area, Good Education Group reserves the right, and has absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any material you post or store in these areas at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, warrants, subpoenas or court orders, to protect Good Education Group's systems and customers, or to ensure the integrity and operation of Good Education Group's business and systems, Good Education Group may access and disclose any information it considers necessary or appropriate, including, without limitation, your profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. Good Education Group's right to disclose any such information shall govern over any terms of Good Education Group's Privacy Policy.
Additional information about the Site and other important matters is contained within the Site itself, and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Terms of Use but also by the information and explanation available on these pages.
10. ASSUMPTION OF RISK
Use of the internet and this Site are solely at your own risk and are subject to all applicable state, federal, and international laws and regulations. While Good Education Group has endeavoured to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the internet cannot be guaranteed. Accordingly, Good Education Group and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, solicitors, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the internet. You assume sole and complete risk for using this Site and must make your own determination as to these matters.
11. LAW ENFORCEMENT
Good Education Group reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be subject to review by law enforcement organisations, including in connection with investigation or prosecution of possible criminal activity on the Site. Good Education Group will also comply with all court orders involving requests for such information.
12. LINKS TO OTHER SITES; THIRD PARTY SERVICES
This Site may contain or provide information regarding applications, products and/or services provided or offered by third parties. Good Education Group is merely an information provider and is not a referral service, and it does not recommend or endorse any such third-party applications, products and/or services or monitor or have any control over such third-party applications, products and/or services. Therefore, Good Education Group makes no guarantee, representation, or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy, or completeness of any such third-party applications, products and/or services or the results obtained therefrom, and Good Education Group assumes no responsibility or liability for any third-party applications, products and/or services or for the actions or failure to act of those providing such third-party applications, products and/or services. You assume full responsibility for your use of any such third-party applications, products and/or services
Third-Party Services
Good Education Group, in its sole discretion, may offer links to other Web sites (third-party sites ) that may offer various products, services, and/or information. You should be aware that use of these third-party Web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Good Education Group cannot ensure that you will be satisfied with any products or services offered and/or purchased from such third-party sites. Links to third-party sites are for your convenience only and Good Education Group does not endorse any of the products or services offered in any third-party sites. Further, Good Education Group has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. Good Education Group expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is online or offline, it shall be your sole responsibility to conduct whatever investigation you deem necessary and appropriate.
13. EVENTS BEYOND GOOD EDUCATION GROUP'S CONTROL
You expressly discharge and release Good Education Group from any claim of harm resulting from a cause beyond Good Education Group's reasonable control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, or governmental restrictions. Good Education Group will not be in breach of these Terms of Use to the extent that any failure or delay in performing an obligation occurs because of such a cause.
14. DISCLAIMERS
WHILE GOOD EDUCATION GROUP ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, GOOD EDUCATION GROUP MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION AVAILABLE ON THE SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THE SITE. GOOD EDUCATION GROUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED "AS IS" AND, TO THE FULL EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
GOOD EDUCATION GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITE; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE SITE'S ACCESSIBILITY; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SITE; ANY CONDUCT BY OTHER USERS OF THE SITE; OR UNAUTHORISED ACCESS TO OR USE OF THE SITE OR SERVERS. GOOD EDUCATION GROUP RESERVES THE RIGHT TO DELIVER THE SITE IN GOOD EDUCATION GROUP'S SOLE DISCRETION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOD EDUCATION GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THE SITE ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.
TO THE FULL EXTENT PERMITTED BY LAW, NEITHER GOOD EDUCATION GROUP NOR ANY OF ITS AFFILIATES NOR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS OF GOOD EDUCATION GROUP'S OR SUCH AFFILIATES WILL IN ANY EVENT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF BUSINESS, INTEREST, GOODWILL, REVENUE, OR PROFIT, OR ANY LOSS OR CORRUPTION OF DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, ANY INFORMATION AVAILABLE ON THE SITE, OR OTHERWISE ARISING OUT OF THE UTILISATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF GOOD EDUCATION GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS EXCLUSION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN GOOD EDUCATION GROUP AND YOU. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION.
CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPLY GUARANTEES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF USE MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH IT IS ENTITLED TO DO SO, GOOD EDUCATION GROUP LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS, AT GOOD EDUCATION GROUP'S OPTION, TO: (A) THE SUPPLY OF SERVICES AGAIN; OR (B) PAYMENT OF THE COST OF SUPPLYING SERVICES AGAIN.
15. INDEMNITY
You agree that you are responsible for your behaviour in connection with the Site. Good Education Group shall not be liable for claims made against you or Good Education Group arising out of your use of the Site, and you agree to defend, indemnify, and hold harmless Good Education Group and its affiliates and all of their respective employees, agents, directors, officers, representatives, contractors, advisers, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable solicitors' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of these Terms of Use. Good Education Group reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Good Education Group. You agree to cooperate as fully as reasonably required in Good Education Group's defence of any claim.
16. SUBMISSIONS
Good Education Group also welcomes your feedback and suggestions about how to improve our products and services and the Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, non-exclusive right and license for Good Education Group to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary. Good Education Group takes no responsibility for such content received through the Site, nor does Good Education Group have any obligation to monitor such content. Good Education Group shall have the right, but not the obligation, to monitor any such content to determine compliance with these Terms of Use and to satisfy any law, regulation or authorised government request.
17. RIGHT TO BLOCK CONTENT
Good Education Group does not and cannot review all content submitted by users to the Site, and Good Education Group therefore does not make any representation or warranty with respect to it and Good Education Group does not endorse any specific products or services which may be included in any such content. However, Good Education Group reserves the right to block or remove content or communications that Good Education Group determines, in its discretion, to be in violation of these Terms of Use. As explained above, under Disclaimers, the Site is offered as is, and you use it at your own risk. Without limitation, this means that, despite the requirements of these Terms of Use, Site users (including you) may post content that violates them. Good Education Group assumes no responsibility or liability for such content. If you have submitted objectionable content, Good Education Group may, in its sole discretion, terminate your account, take legal action against you and/or, if applicable, notify the appropriate authorities or parties, all without prior notice or liability to you.
18. GOVERNING LAW
These Terms of Use are governed by and will be construed and enforced in accordance with the laws of the State of Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. The Site is controlled and operated by Good Education Group from its offices within Australia. Good Education Group makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access the Sites from other locations do so of their own volition and are responsible for compliance with applicable local laws.
19. WAIVER
Failure to insist on strict performance of any of these Terms of Use or to exercise a right or remedy under these Terms of Use will not operate as a waiver unless such waiver is in writing signed by the party granting it. No waiver of any right or remedy under these Terms of Use will be deemed to be either a waiver of any other right or remedy or a waiver of that same right or remedy at any other time.
20. SEVERABILITY
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be severed to the extent that it is invalid or unenforceable, and the remainder of these Terms of Use shall continue in effect.
21. RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between you and Good Education Group as a result of these Terms of Use or User's utilisation of the Site.
22. TERMINATION AND MODIFICATION
Good Education Group reserves the right in its sole discretion to terminate, block or restrict your use of this Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, Good Education Group reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.
23. ANTI-HACKING
You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others.
24. ENTIRE AGREEMENT/RESERVATION OF RIGHTS
Your rights to use certain material available on or through the Site may be subject to separate written agreements with Good Education Group (Other Agreements ). Particular pages or features of this Site with content supplied by Good Education Group or its licensors may be subject to different or additional terms (Special Terms ), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. With the exception of any Other Agreements and Special Terms, these Terms of Use, together with the Good Education Group Privacy Policy, which is hereby incorporated as if set forth fully herein, represent the entire agreement between you and Good Education Group with respect to use of and material available on or through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Good Education Group with respect to the Site. Any rights not expressly granted herein are reserved.