Terms of service

Welcome to the TeacherTalk website and suite of courses and resources. This website and the TeacherTalk suite of courses is operated by TeacherTalk (ABN 34 228 145 215).

1.  Applicable laws

The following Terms of Service Policy complies with Australian Consumer Law, the Queensland Consumer Law, and the Privacy Act 1988. It also aligns with the guidelines and recommendations set by the Queensland Department of Education and Training, which regulates the provision of education and training services in the state. The following terms of service apply to your use of our website and purchase of our online courses. By using our website and purchasing our courses, you agree to be bound by these terms of service.

2.  Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our platform or from any information, products, or services provided on our platform. We shall not be liable for any damages resulting from any interruption, suspension, or termination of our platform.

3.  Indemnification

You agree to indemnify, defend, and hold harmless TeacherTalk, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of our platform, your violation of these terms and conditions, or your infringement of any intellectual property or other right of any person or entity.

4.  User Code of Conduct

Users of our website and courses must adhere to our code of conduct that prohibits any illegal, offensive, or disruptive behaviour. We reserve the right to terminate access to our website and courses for any violation of the code of conduct.

5.  Refusal or Discontinuation of Service

We reserve the right to refuse or discontinue service for any reason, including violation of our code of conduct or other policies.

6.  Copyright, IP and Trademarks

All content and materials on our website and in our courses, including but not limited to website design, program structure, course structure, text, graphics, logos, images, videos, and software are protected by copyright, intellectual property, and trademarks. Unauthorized use or reproduction of our content and materials is strictly prohibited.

7.  Sharing Course Content with Others

Sharing of course content with others, including other teachers, school administrators, and students without our consent, is strictly prohibited. We reserve the right to take action against any violation of this policy.

8.  Rights When Purchasing a Single License and a Whole-School License

Our courses are available for purchase as a single license for individual students or as a whole-school license for an agreed cohort of students. Single license purchases are intended for use by a single student and are not transferable. Whole-school licenses are intended for use by the agreed number of subscribed teachers and students in the school or organization and are not transferable. New students who enrol at a subscribed school must apply for an additional individual subscription to access the relevant TeacherTalk courses.

9.  Expired Single or Whole-School Licences

For individual or whole-school subscribers whose subscriptions have expired, access to the online courses will be revoked. To regain access, users must purchase a new subscription. We will not be responsible for any loss of data or course progress that occurs as a result of the subscription expiry. It is the responsibility of the user to ensure that their subscription remains current to avoid any interruptions to their access to the online courses.

10.  Right to Change Price Anytime

We reserve the right to change the price of our courses at any time.

11.  Refunds

We do not offer refunds for our courses due to the digital nature of course content.

12.  Responsibility for Saving Student Coursework

Responsibility for saving student coursework lies with the subscriber. We are not responsible for any loss of student coursework. Upon completion of coursework, responsibility lies with the subscriber for saving their coursework to an external location.

13.  Third-Party Content

We are not liable for any exposure to third-party content that may be accessed through our website or courses. References to third-party content, published texts or other literature do not constitute an endorsement.

We are not liable for third-party advertisements on our website or courses and do not endorse them. Any damages or losses resulting from exposure to these ads are not our responsibility

14.  Errors, and Updates

We make every effort to ensure that our courses are aligned with the Australian curriculum, but we do not guarantee their accuracy or completeness. Changes to the Australian curriculum content and achievement standards may occur from time to time, which may affect the alignment of our courses.

Errors and updates may occur on our website or courses at any time, and it is the user’s responsibility to check for these updates and errors.

15.  Student outcomes

While we make every effort to align our courses with the Australian curriculum and deliver our content through established and effective teaching methods, we make no guarantees for student outcomes resulting from engagement with our courses.

16.  Responsibility for Site Unavailability

We are not responsible for any unavailability of our website or courses due to maintenance or internet problems.

17.  Disclaimer for Viruses or Other Destructive Codes

We are not liable for any damage caused by viruses or other destructive codes that may be transmitted through our website or courses.

18.  Cookies and analytics

Our website uses cookies to analyse user behaviour, traffic patterns, preferences and settings to improve our website, courses, resources, and marketing and to improve your user experience. By using our website, you consent to the use of cookies in accordance with this policy. We take your privacy seriously and will only use information in compliance with the law. Please refer to our Privacy Policy.

19.  Governing laws

This agreement is governed by the law in force in the State of Queensland and you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Service.

TeacherTalk has designed the website and our courses for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the contents outside the Commonwealth of Australia.

If there is a dispute between you and TeacherTalk that results in litigation, then you must submit to the jurisdiction of the courts of Queensland, Australia

20.  International transactions
    
    For international purchases of TeacherTalk courses, the course fee as advertised will continue to apply in full, however, the reference to 'GST inc' will not apply and the component that normally represents the Goods and Services Tax (GST) is instead applied to the cost of international transfer rates/fees.

21. Agreement

By using our website and purchasing our courses, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not use our website or purchase our courses. We reserve the right to update or modify these terms and conditions at any time without prior notice. Your continued use of our website or courses after any such modifications constitutes your agreement to be bound by the updated terms and conditions. 

We want all visitors to our websites to have a safe, interesting and friendly experience. Accordingly, all users of our sites and any contributions they make must comply with this Code of Conduct. Your use of our websites means that you accept and agree to abide by this Code of Conduct, which supplements and forms part of the TeacherTalk Website Terms of Service.

1.  Public vs Private

Despite the existence of privacy options, many items published online are publicly accessible and it can be difficult to guarantee that sites are fully private. As such always start with the assumption that anything you say can be read by anyone, anywhere, at any time and remember that the Internet has a long memory. Always exercise good judgement when posting and be aware that inappropriate conduct can negatively affect your organisation, clients and yourself.  Always apply the following test: “Would my manager, client or customers be happy to see your content published?”

2.  Be transparent

If you are commenting in a personal capacity about TeacherTalk, you should be open and transparent about who you work for, who you represent or who you may be speaking on behalf of.  Not revealing your identity could attract negative accusations that you are engaging in covert advertising, marketing or PR activity. It could also more seriously contravene Section 18 of the Australian Consumer Law which prohibits conduct that is misleading or deceptive or is likely to mislead or deceive, and/or Section 29 which prohibits false or misleading representations, including false testimonials and false claims as to association, sponsorship, approval or affiliation. Be upfront that the views being expressed are personal. For example, if you have your own blog or other public website a disclaimer is recommended such as: “ The views expressed on this website/ blog are my own and do not necessarily reflect those of my employer or its clients”

3.  Be fair and respectful

Be authentic and respectful. When posting about your organisation, colleagues, competitors or other stakeholders, ensure content is always constructive and fair. Before posting, consider how other people might read and interpret your comment. You should only post content you would feel comfortable saying directly to another person without causing offence.   If you respond to published comments that you consider unfair, always be accurate and professional.

4.  Be accurate

Information should be accurate and fact-checked and capable of substantiation. If you do make a mistake, ensure you correct it promptly. It is important to reference the earlier comment because even if the erroneous comment has been deleted, someone may have saved it as an image or other format to use as evidence.  Always ensure that any criticism is backed up with solid evidence.

5.  Be professional

Always act in a professional and constructive manner and use sound judgement before posting. Always be polite and respectful of individuals’ opinions, especially when discussions become heated. Show proper consideration for other people’s privacy.

6.  Be smart

Respect other people’s intellectual property including trade marked names and slogans and copyrighted material. It’s best practice to assume that all content online is protected by copyright. Make sure you have permission to post copyright items, properly attribute the work to the copyright owner where required, and never use someone else’s work as if it were your own. If you are unsure as to who might own an item of content, it’s better to err on the side of caution and not post the content. In addition to the laws pertaining to copyright and IP, respect all laws and regulations in relation to privacy (Privacy Act 1988 (Cth)), spam (Spam Act 2003 (Cth)), and other applicable laws relevant to your industry or products/services when publishing on social media.

7.  Be responsible

Always abide by the terms of use of the social media platform with which you interact and seek to adhere to the cultural and behavioural norms on the particular platform. Act with integrity.

8.  Be aware of confidentiality

Only reference information that is publicly available. Do not disclose any information that is confidential or proprietary to TeacherTalk, its clients or any third party that has confidentially disclosed information to you. Examples of confidential information would include brand performance, business forecasts, strategic plans, trade secrets or any legal information. Do not cite, post or reference clients, partners or suppliers without approval from TeacherTalk.

9.  Be careful

Do not use the TeacherTalk, your organisation’s, client’s or a third party’s logos, trade marks or materials on your website/blog or in a post unless it has been cleared for public use or been otherwise approved by TeacherTalk, or the relevant manager in your organisation.