Terms of Use

These terms and conditions of use ("terms") apply to the Didasko Learning Resources website, located at wwwdidasko.com and all subsidiary pages. The site is the property of Didasko Learning Resources Pty Ltd (ABN 71 115 141 930), ("Didasko Learning Resources", "we", "us" or "our").
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE.
This agreement is made by and between Didasko Learning Resources Pty Ltd, and you.

Didasko Learning Resources reserves the right, at its sole discretion, to change, modify, add or remove portions of:
  • the terms of use,
  • the site, including any content, product, service or feature of the site, and
  • change any fees or charges

Changes shall be effective immediately and you acknowledge that electronic notification (by posting on this site or by email) is adequate and benefits through decreased cost and increased flexibility and speed. Your use of the site after such notice shall constitute acceptance of such changes.
Proprietary rights
Ownership
This site is owned and operated by Didasko Learning Resources Pty Ltd. The software, all pages, images, text, multimedia and other content within the site are the sole property of Didasko Learning Resources Pty Ltd, unless otherwise clearly specified or covered by the following exceptions.

Brand names and trademarks other than Didasko or Didasko Learning Resources® are the property of their respective owners.

Endorsements, commentary, images, links to third-party sites where they contain product names, company names, trademarks or other proprietary components remain the property of their respective owners.

Images used within this site have been purchased as royalty free stock images under license.
Copyright
The material contained in this site is copyright of Didasko Learning Resources 2009, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968.

If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provided within this website.
Moral rights
All intellectual property for this site and the Didasko Learning Resources product, except where expressly stated, rests with Didasko Learning Resources Pty Ltd. All individual rights have been transferred to Didasko Learning Resources Pty Ltd or provided under license, where rights are not transferable, such as moral rights, the owners have agreed to their attribution being left out of all Didasko Learning Resources documentation.
Trademarks
Didasko Group Pty Ltd owns the following trademarks in Australia and may elect to enforce these trademarks at common law in other jurisdictions:
  • Didasko icon ® (registered trademark)
  • Improving life through access to innovative learning ® (registered trademark)

Learning Resources piracy
Didasko Learning Resources will actively and aggressively enforce its intellectual property rights to the fullest extent of the law. Didasko Learning Resources is a proprietary product, and the illegal copying of our learning products is a crime. Please report any piracy of the Didasko Learning Resources by contacting us directly.


Use of this site
Accounts, passwords and security
Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Didasko Learning Resources immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by Didasko Learning Resources or any other user of the website due to someone else using your account and password.

You may not use anyone else’s account or password at any time without the express permission and consent of the holder of that account and password. Didasko Learning Resources will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
Didasko’s privacy statement applies to the use of this site. Please click here to view our privacy statement or use the link at the bottom of each page at any time while visiting our site. By using this site, you acknowledge that internet transmissions are never completely private or secure, even when encrypted.
Links to other sites
This site contains links to independent third-party websites. The sites are provided for convenience and are not under the control or ownership of Didasko Learning Resources. Didasko Learning Resources does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites.
Idea submission, feedback and comments
Didasko Learning Resources, its related entities, staff and agents, do not solicit ideas for products, marketing, enhancements or any other creative suggestions or individual works. Please do not send unsolicited ideas to Didasko Learning Resources or anyone connected with Didasko Learning Resources. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your ideas will automatically become the property of Didasko Learning Resources, without compensation or attribution to you, and Didasko Learning Resources can use the ideas for any purpose. Didasko Learning Resources has a strict policy on 'clean-room' development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights.

All support and feedback mechanisms are provided to existing and prospective clients to improve the quality of our product and effectiveness of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of Didasko Learning Resources without compensation or attribution.
General code of conduct
While using this site or site related services, you agree not to:
  • restrict or inhibit any other user from using and enjoying the site,
  • upload or transmit any content which is unlawful, fraudulent, harmful or obscene,
  • breach copyright or impinge other intellectual property rights,
  • upload or transmit any form of unauthorized solicitation (including spam),
  • upload or transmit any malicious content or disruptive component (including viruses and worms),
  • probe, scan or test the vulnerability of the site or any network connected to the site,
  • interfere with or disrupt site infrastructure (including denial of service attacks),
  • upload or transmit content that you do not have a legal right to transmit,
  • forge headers or manipulate identifiers in order to disguise the origin of a transmission,
  • intentionally violate any applicable law,
  • attempt to sell or illegally profit from this site, including disassembling or accessing underlying code,
  • collect or store personal data about another user of this site, and
  • impersonate another user of this site or gain access by impersonating another person or entity.

Didasko Learning Resources has no obligation to enforce these requirements, unless instructed to do so at law, however you acknowledge that Didasko Learning Resources may monitor the site and manage the site in any fashion that enables these terms to be enforced.
Disclaimer
Didasko Learning Resources does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice.

Didasko Learning Resources disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against Didasko Learning Resources for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties.
Refund policy
Didasko Learning Resources enters into a Terms of Service agreement with customers that provides for ongoing service delivery and warranty provisions. Under the Terms of Service, where Didasko Learning Resources is unable to rectify services provided, customers are entitled to a full refund of the unused part of their Didasko Learning Resources product.

Limitation of liability
Except where prohibited by law, in no event will Didasko Learning Resources be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Didasko Learning Resources has been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold Didasko Learning Resources, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Didasko Learning Resources by any third-party due to or arising out of or in connection with your use of the site and or services.
Violation of these Terms of Use
Didasko Learning Resources may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of Didasko Learning Resources and related parties.

Violation of these terms of use may lead to terminating your access to the site and Didasko Learning Resources may seek remedies that are available at law or in equity.
Transfer and choice of law
Waiver
No provision of this agreement can be waived except in writing and authorised by the Board of Didasko Group Pty Ltd. No waiver shall be deemed a waiver of any preceding or subsequent breech.
Delegation and assignment
You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without Didasko Learning Resources prior written consent.
Applicable Law
This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue.

Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law.
Contact details
If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact us as follows:
The General Manager
Didasko Learning Resources Pty Ltd
833 Dandenong Rd
East Malvern, Victoria 3145
Australia
or email info@didasko.com
This terms of use page was last updated on 17 February 2009.