Website Terms and Conditions

The following Website Terms & Conditions (Terms), together with our Privacy Policy, are the complete terms of a legal agreement between users (including Registered Users) of this Website (you) and Gondwana Publishing & Consulting Pty Ltd ACN 144 687 918 (Gondwana, us or we) in relation to the Materials, your access to and use of this Website and the supply of Materials and Services via the Website. By accessing, browsing, or using this Website, registering an Account, uploading Vendor Resources, purchasing Vendor Resources or by obtaining Materials or Services provided via this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use this Website, register an Account, upload Creator Resources, purchase Creator Resources or obtain any Materials or Services via this Website.

Gondwana may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect.

If you have any questions or need clarification on any issue please email us at [insert contact email]. Definitions of words used in these Terms are provided at the end of these Terms.

Purpose of Website:  The Website provides a marketplace for Creators to offer and for Purchasers to purchase Creator Resources. These Terms apply to you if you are a Creator or a Purchaser or both. Different parts of these Terms apply to Creators and Purchasers respectively while some parts apply to both. You should read the Terms accordingly.

About Us: The Website is operated by Gondwana.

Notifying us: To notify us or modify any Creator Resources you have posted to the Website, please email us at [insert contact email].

Registration: Creators and Purchasers must register an Account to post Creator Resources to the Website, purchase Creator Resources through the Website and use the Services. You must provide us with certain personal information (which may include your name, address and telephone number) and your current email address in order to register an Account, upload Creator Resources, purchase Creator Resources and access and use the Services. We may use your notified email address to contact you or send you notifications and other communications from time to time. You acknowledge that we may be unable to provide you with the Services or contact you unless you provide us with a current email address and agree to promptly update us if you change your email address. Accounts are only available to persons who are at least eighteen years of age or otherwise have the permission of an adult. If you do not qualify for an Account, do not apply for or register an Account or use the Services provided by this Website. By registering an Account for the Website you warrant that you are at least eighteen years of age or otherwise have the permission of an adult. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering an Account or using the Website. Accounts must be applied for using the online registration process available on the Website. An application to register an Account constitutes an offer by you to register an Account and is subject to acceptance by us. We will confirm acceptance to you by sending you an email or other notice confirming that your Account has been enacted. We reserve the right to refuse an application for registration of an Account by any person for any reason at our discretion.

Usernames and Passwords: Your Account and the Services are accessible via a unique username and password combination. You are responsible for submitting your own username and password as part of and in accordance with the requirements of the online Account registration process. Usernames are subject to availability and any other restrictions (including acceptable numbers and types of characters) as specified on the Website from time to time. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so. You are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to your password. You are solely responsible for all use of your password and for the actions of any person to whom you disclose your password and are solely liable for (and indemnify, defend and hold harmless Gondwana, its officers, directors, employees, agents, contractors, licensors and suppliers from and against) all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature (Losses) suffered by any person directly or indirectly as a result of: (i) you disclosing your password to a third party; (ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; or (iii) any person’s access to or use of your password. You must notify us immediately by email if you have any reason to believe that your password has become known to anyone else without your authorisation, or if your password is being, or is likely to be, used in an unauthorised manner. In such a case, we will, within a reasonable time of being notified, cancel the relevant password and send to you by email to your last notified email address a temporary password to allow you to login to your Account and create a new password.

Creators: Gondwana may request Creators to provide additional information to confirm their identity before registering an Account. Gondwana may refuse to register an Account for a Creator if the Creator fails to comply with this clause or provide information requested by Gondwana. You agree to deal with us and other users of the Website (including Purchasers) in good faith and in compliance with all applicable laws.

Sale of Creator Resources: Gondwana is under no obligation to facilitate the sale of any quantity of Creator Resources and expressly disclaims any representation, warranty or guarantee that any quantity of Creator Resources will be sold via the Website. Gondwana provides no warranty or guarantee that all Creator Resources displayed or referred to on the Website will be available for download at all times or that Creator Resources in respect of any or all subjects or aspects of the Australian Curriculum, NSW Board of Studies Curriculum or any other curriculum will be available on the Website. Gondwana may cease promoting and offering for sale any or all Creator Resources for any reason at any time in its sole discretion. You may contact us to request specific Creator Resources that are not available on the Website. While we will endeavour to provide requested Creator Resources, we cannot guarantee that any or all such Creator Resources will be provided.

Listing of Creator Resources: Listings of Creator Resources (Listings) may consist of text descriptions, graphics and pictures that describe or represent the materials. You must create and submit to us a thumbnail image and free preview of each Creator Resource in a form required by us for display on the Website. All Listings you supply must comply with our Style and Upload Guidelines and any other advertising and technical policies in force from time to time as specified by us. The positioning of all Listings on the Website is at our sole discretion.

Licence: You grant to Gondwana the Licence in respect of your Creator Resources.

Purchasers: Purchasers may purchase Creator Resources offered by Creators on the Website by using the online purchase order process provided by the Website. Purchasers must provide us with certain personal information and a current email address in order to receive delivery of Creator Resources purchased. You acknowledge that it may not be possible for Creator Resources to be delivered to you if you do not provide the information requested during the online purchase order process provided by this Website. By placing an order for Creator Resources on this Website or registering to use this Website you warrant that all information you provide is accurate, complete and not misleading. You agree to deal with us and other users of the Website (including Creators) in good faith and in compliance with all applicable laws. We may stop orders from being made where we consider that you have not acted in good faith or have otherwise breached applicable laws. Purchasers acknowledge and agree that they may only use Creator Resources purchased via the Website for their own non-commercial purposes and that they do not obtain any Intellectual Property Rights in or to Creator Resources purchased.

Trading Safety: This Website provides a facility for Creators to list Creator Resources for sale. We exercise no control over transactions, over the nature, quality, safety or legality of the Creator Resources offered or the ability of Purchasers and Creators to participate in or complete transactions. Therefore, we do not give any guarantees in relation to any of these aspects. You accept sole responsibility for using this Website, and for determining the suitability of the Creator Resources offered and the good faith and creditworthiness of the Purchasers or Creators you deal with. You also accept sole responsibility for the potential security and other risks involved in using the Internet in the manner contemplated by this Website. Gondwana, its officers, directors and employees are not liable to any person for any Losses suffered by any person directly or indirectly as a result of late delivery, non-delivery or non-fulfillment of an order and you indemnify, defend and hold harmless Gondwana, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all such Losses.   

Orders: All orders of Creator Resources are subject to acceptance by Creators, at their discretion. You cannot cancel an order once it is accepted by the Creator.

ISP connection and data charges:  Your internet service provider may impose a connection or data charge for all Creator Resources and other material uploaded to or downloaded from the Website. You are responsible to pay any applicable connection or data charges.

Prices: All prices are in Australian dollars unless expressly indicated otherwise. Prices shown on the Website include GST, other consumption and value added taxes but exclude currency conversion fees which may apply to your purchase. Subject to the “Freebies” clause below, a minimum price of AU$[insert] (Minimum Price) applies to all Creator Resources sold via the Website. All prices are determined solely by Creators and may be subject to change without notice. Gondwana has no responsibility for, or influence over (aside from the Minimum Price), the prices quoted for Creator Resources on the Website. All purchases are charged in Australian dollars unless expressly indicated otherwise.

Freebies: Creators may make available through the Website samples or excerpts of Creator Resources at no charge from time to time (Freebies). Freebies are provided solely for the purpose of providing Purchasers with examples of the Creator Resources offered for sale and to assist Purchasers to determine if they wish to purchase the relevant Creator Resources. Purchasers acknowledge and agree that they must not reproduce, display, publish, communicate or distribute Freebies and that they may review and use Freebies only for the limited purposes described above.

General payment terms: All payments for Creator Resources are made to Gondwana. Payments must be made via the PayPal service provided by PayPal Australia Pty Limited ACN 111 195 389 (PayPal) or the eWAY service provided by Web Active Corporation Pty Ltd ACN 086 209 403 (eWAY).  Other payment methods may be made available on the Website from time to time. Gondwana will transfer payments for Creator Resources to the relevant Creators (after deduction of all applicable Commissions) after payments for the relevant Creator Resources have been received by Gondwana in full and at the times and in accordance with the terms specified in the “Commission” clause below. Purchasers must select how they wish to pay for Creator Resources from the options available on the Website at the time they submit the order for the Creator Resources. If you elect to pay for Creator Resources by credit or debit card, the full payment for your order is charged to or deducted from your credit or card on completion of your order. All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment, the payment will not be processed. Delivery of the Creator Resources will be made only once payment has been validated and processed in full. Large transactions may involve additional screening and we may require confirmation on key details before an order is processed. In this event, we will contact you. In some cases this may delay your order by a short period. Gondwana does not warrant or guarantee that any or all payment methods referred to in this clause will be made available on the Website at all times or that any other payment methods will be made available from time to time. Receipts for payments for Creator Resources will be automatically issued to you via the Website as soon as practicable after payments for the relevant Creator Resources have been received by Gondwana in full.

PayPal and eWAY Payments: This section applies to payments made via PayPal and eWAY. All payments are processed by PayPal or eWAY (as applicable) and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and PayPal or you and eWAY. PayPal’s own terms and conditions apply to each payment and transaction between you and PayPal. eWAY’s own terms and conditions apply to each payment and transaction between you and eWAY. PayPal and eWAY may not accept all types of credit and debit cards and may only accept credit and debit cards issued by service providers specifically identified by PayPal or eWAY (as applicable) from time to time. You should ensure you are familiar with all PayPal and eWAY terms and conditions that apply before you submit any payment through PayPal or eWAY.

Liability for payment transactions: To the extent legally permitted, in no event will Gondwana be liable to any party for any Losses in any way connected to, related to or arising from any payment transaction you enter into with PayPal or eWAY. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and PayPal or you and eWAY.

Commission: Creators agree to the Commission being paid to and retained by Gondwana as set out in this clause. All payments for Creator Resources are made by Purchasers to Gondwana directly by credit card, debit card or via PayPal. Payments received by Gondwana for Creator Resources will be distributed by Gondwana to each relevant Creator on the last Friday of March, June, September and December (each a Payment Date) after deduction of the applicable Commission by Gondwana. All payments to Creators by Gondwana will be made by cheque or by electronic transfer into the Creator’s nominated bank account, at the Creator’s discretion. You acknowledge that Gondwana cannot transfer payments electronically to your nominated bank account without details of your nominated bank account. You agree to provide Gondwana with complete and accurate details of your nominated bank account and to keep Gondwana updated with any changes to your account for that purpose. If you elect to receive payments by cheque, all cheques will be made out to you unless you direct otherwise in writing. By registering an Account, using this Website or selling Creator Resources, you consent to payment of the Commission to Gondwana as set out in this clause. In particular you authorise and consent to Gondwana: (i) accepting and holding payments from Purchasers for your Creator Resources; (ii) deducting the applicable Commission from such payments; (iii) retaining the applicable Commission; and (iv) transferring the balance of such payments to you on the Payment Dates as specified above. Despite anything else in these Terms, Gondwana is under no obligation to transfer any payments for Creator Resources to Creators until Gondwana has received the payments for those materials from Purchasers in full and in cleared funds. Gondwana will issue Creators with a receipt for Commissions deducted by Gondwana within a reasonable time after each Payment Date.

Risk and Title: Risk of damage, loss or deterioration of, and title to, Creator Resources passes to the Purchaser on delivery.

Intellectual property: Gondwana Materials and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, but excluding the Creator Resources, is subject to copyright and other rights owned by Gondwana, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright and intellectual property laws. Gondwana Materials comprising brands, names, images and logos displayed on the Website may be the subject of registered trade marks of Gondwana, its related entities, affiliates or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark and intellectual property laws. You may access, display, download and print portions of the Website only for your own private non-commercial use and to order products or services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this Website is strictly prohibited. Nothing in these Terms or on the Website, including the sale of Creator Resources via the Website, does or is intended to transfer any Intellectual Property Rights in the Creator Resources to any person.

Right to upload materials: You must not upload to our database or offer for sale via the Website any information or materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or Intellectual Property Rights or which violate any applicable law, statute, ordinance, regulation, government policy or contract. You agree to comply with Gondwana’s procedures and policies in respect of uploading information and materials as specified on the Website from time to time. Gondwana assumes no responsibility or liability in relation to Creator Resources posted to the Website. Creators are solely responsible for the content of Creator Resources that they post to the Website and for their interactions with other users of the Website. Gondwana is not responsible for and does not endorse the content of any Creator Resources. Gondwana does not warrant or represent the accuracy, utility, currency or any other characteristic of Creator Resources.

Information on the Website: Information on this Website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. Gondwana assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any products or services described on this Website. Any information provided on this Website (including recommendations, suggestions and “teaching tips”) is provided “as is”, with no warranties or guarantees whatsoever. You acknowledge and agree that use of such information is at your sole risk.

Third-party material: The Website may provide links or references to third party websites (Linked Sites) or display material sourced from a third party (such as a Registered User, service supplier, merchant or consumer) including advertisements and promotional offers (Third Party Material). Gondwana is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material. Gondwana does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing in any advertising, promotional offers or on Linked Sites. Gondwana is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Website.

Security of electronic communications: You acknowledge and agree that there are security and delivery risks in using electronic mail and transmitting data via the Internet. Accordingly, Gondwana gives no guarantee that any electronic communication you send to us, any electronic communication that we send you or any data transmission you make via the Website (including uploading or transmitting any Creator Resources) will be secure, uninterrupted or delivered. You make such communications and transactions and agree to receive electronic communications from us and other Registered Users at your own risk. In particular, by communicating with us electronically, electing to receive electronic communications from us or transmitting data via the Website (including uploading or transmitting any Creator Resources), you accept the risk of interception of such communications, transmissions and Creator Resources by third parties and of non-receipt or delayed receipt of such communications, transmissions and Creator Resources by us and you, as applicable.

Technical requirements: Access to the Website and Services may only be available to compatible devices which meet specific system or software requirements specified on the Website from time to time. Gondwana gives no warranty or guarantee that access to or use of the Website or Services will be available to all devices and you are solely responsible for ensuring that any device you use meets system, software or other requirements specified on the Website from time to time.

Viruses: You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.

Use of the Website: We reserve the right to refuse to upload or publish on the Website any Creator Resources or limit the volume of Creator Resources you may upload to or publish on the Website at any time and to specify the form and format in which Creator Resources may be uploaded, posted or published. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website or to any Registered Users any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website or distribute to any Website user (including Registered Users) any material that is abusive, defamatory, obscene, contrary to law or to the rights of any person. Without limitation, Gondwana may block/delete any material posted to the Website that Gondwana decides contravenes that requirement. In using the Website, you must not engage in any unlawful practice including conduct which is misleading or deceptive or likely to mislead or deceive. Creators must not use the Website to offer or sell: (a) any illegal, stolen or encumbered items or materials; (b) any items or materials which the Creator does not have the legal right to sell or in respect of which a dispute or claim exists; (c) any items or materials which breach third party Intellectual Property Rights or other rights; or (d) any other items or materials which Gondwana determines are unsuitable. Each Creator warrants that all Creator Resources comply with this clause. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to Gondwana for breach of contract and/or infringing applicable law.

Disclaimer of warranty: Use of this Website is at your sole risk. You acknowledge that as a mere facility for listing Creator Resources for sale, we do not provide warranties for any Creator Resources. In particular, Gondwana does not review the content of Creator Resources for compliance with the Australian, NSW Board of Studies or any other curricula or to ensure that they are fit for any particular purpose before posting the Creator Resources to the Website. The Creator is responsible for all warranties in relation to its Creator Resources. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees whatsoever. Gondwana expressly disclaims to the fullest extent permitted by law all implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and Intellectual Property Rights. Without limitation, Gondwana does not represent or warrant that the functions within the Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by Gondwana not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above or elsewhere in these Terms, to the extent legally permitted, Gondwana limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at Gondwana’s discretion.

Limitation of liability: To the extent legally permitted, in no event will Gondwana be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site, service, product or resource linked to, referenced or accessed through this Website, or for the use or downloading of, or access to, any materials (including Creator Resources), information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Gondwana is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability or any other exclusion of liability contained in these Terms is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and Gondwana’s maximum aggregate liability for all losses, damages and other amounts referred to in the relevant exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity: You agree to indemnify, defend, release and hold harmless Gondwana, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any person due to or arising out of: (a) your use of this Website; (b) any violation of these Terms (including warranties expressly given by you in these Terms), any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation; (c) any Creator Resources you post to the Website; (d) any use of the Creator Resources by you or any other person; or (e) any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account or your Account username or password.

Privacy: Your privacy is important to Gondwana. Further information about the collection and use of your personal information is contained in our Privacy Policy. By accessing, browsing or using this Website, or by supplying any information to Gondwana you acknowledge that you have read, understood, and agree with the terms of our Privacy Policy.

Taxes: Commissions under these Terms payable by you for any use of the Website or anything else we supply to you are exclusive of taxes (such as sales tax and GST), duties and charges imposed or levied in Australia or overseas, whether currently or in the future. To the extent permitted by law, you must pay all such taxes at or before the time we are required to remit such taxes to the taxing authority, whichever is earlier. The Purchaser is responsible for all goods and services taxes and other taxes and duties payable in respect of any Creator Resources purchased. Payments by Gondwana to Creators located outside of Australia may be subject to withholding or similar taxes or duties. Creators located outside Australia acknowledge and agree that Gondwana may deduct from payments made to them for Creator Resources sold via the Website an amount equal to any withholding or similar taxes or duties which Gondwana is required to pay in respect of such payments.

Cancellations and suspensions: You may cancel your Account at any time by giving us 14 days written notice. Please contact us in writing by email to cancel your Account. We may cancel or suspend your Account or remove any Creator Resources from the Website at any time immediately on notice to you if you breach these Terms (including our Privacy Policy). At our sole discretion, we may also: (a) remove, block or refuse to post to the Website any Creator Resources or Creator profiles; (b) cancel or suspend your Account; (c) cancel or suspend your access to the Website; or (d) cancel or suspend the operation of the Website in its entirety at any time. The Licence survives termination and expiry of these Terms and survives cancellation or suspension of your Account for any reason. Your Creator Resources will be promptly removed from the Website if your Account is cancelled or for the duration that your Account is suspended. If your Account is cancelled or suspended, Gondwana will transfer payments for your Creator Resources to you (after deduction of all applicable Commissions) in accordance with the “Commission” clause above on the next Payment Date following cancellation or suspension of your Account.

Warranties: By registering an Account, posting Creator Resources to this Website, submitting an order for or purchasing Creator Resources or otherwise using this Website, you represent and warrant that: (a) all information and data you submit to Gondwana from time to time for the purposes of registering an Account and otherwise using the Website is correct, current and complete; (b) you own all Intellectual Property Rights in the Creator Resources you post to or promote on the Website and otherwise have the right to upload such materials to the Website and grant the Licence to Gondwana; (c) to the extent that you do not own all Intellectual Property Rights in the Creator Resources, you have procured for Gondwana from the owner or licensor of the Intellectual Property Rights in those materials, a licence on the same terms as the Licence granted by you pursuant to these Terms; (d) the exercise by Gondwana of any rights granted to it by the Licence, including the reproduction and publication of Creator Resources on the Website and the promotion and facilitation of the sale of Creator Resources, will not infringe the Intellectual Property Rights or other rights of any person; (e) the Creator Resources do not infringe the Intellectual Property Rights or other rights of any person; and (f) you are not aware of any current or pending claims by third parties in relation to the Creator Resources. You are solely liable for (and indemnify, defend and hold harmless Gondwana, its officers, directors, employees, agents, contractors, licensors and suppliers from and against) all Losses suffered by any person directly or indirectly as a result of a breach of any of the above warranties and agree not to bring any claim, action, proceeding or suit against Gondwana in respect of such Losses, or assist any person to do so. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any Losses suffered by any person directly or indirectly as a result of a breach of any of the above warranties.

Personal use only: We provide the Services of this Website to you individually and personally. Each Creator must act as principal not as agent. Your right to use the Website cannot be assigned to anyone else and you must not re-sell the services offered by our Website to anyone else or make other commercial use of the Services without our prior written consent.

Disputes: The Creator is solely responsible for all queries and complaints concerning Creator Resources including those relating to defective or damaged materials, materials not of merchantable quality or fit for purpose, materials which do not match description and non-delivery of materials. Any disputes between a Purchaser and a Creator must be resolved by them without involving us. Purchasers must not return any Creator Resources to us. If a Purchaser does, the Purchaser and corresponding Creator authorize us to destroy such Creator Resources without notice.

Arbitration: Any complaint, dispute or controversy arising in any way out of these Terms or use of the Website may at our option be referred to arbitration conducted by and in accordance with the rules adopted by the Australian Commercial Disputes Centre. You agree to be bound by the arbitrator’s decision. The arbitrator will decide who should pay the costs of the dispute.

Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.

Waiver: No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof.  A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.

Entire agreement: These Terms and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.

Force Majeure: We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.

Assignment: You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.

Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.

Applicable law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.

Definitions: For the purposes of these Terms:

Account means the account which must be registered by each Creator and Purchaser in order to: (a) upload, post and sell Creator Resources; (b) receive payments for Creator Resources; (c) order and purchase Creator Resources; (d) create profiles for display on the Website; or (e) receive the Services, as applicable.

Commission means 25% of the total amount paid by Purchasers and received by Gondwana as payment for Creator Resources sold by a Creator via the Website during the relevant quarterly period plus the applicable Transaction Fee for each payment made by a Purchaser in respect of those Creator Resources during that period.

Creator means a Registered User who offers for sale or sells Creator Resources via the Website.

Creator Resources means any information, documents, data, images, text, audio visual materials (including audio or video files of any type) or other materials a Creator, or any other person authorised by a Creator, provide us or uploads or post to the Website in any form from time to time for display, promotion and sale on the Website.

Gondwana Materials means any information, documents, data, audio visual materials (including audio or video files of any type) or other materials Gondwana uploads to or displays on the Website from time to time in any form, excluding Creator Resources.

Intellectual Property Rights means statutory, proprietary and all other rights throughout the world in respect of copyright, trade marks, confidential information, patents, designs and all other rights of a like nature, by law in force in any part of the world including all applicable renewals and extensions.

Licence means a non-exclusive, royalty-free, irrevocable, perpetual, worldwide, transferable, sub-licensable licence to: (a) reproduce, publish, display, communicate and promote the Creator Resources on the Website; (b) permit Website users to access, display, download and print portions of the Website displaying the Creator Resources only for their own private non-commercial use (but acknowledging that we do not control such use) and to order products or services via the Website; (c) facilitate the promotion and sale of the Creator Resources on the Website and take all steps and undertake all activities reasonably necessary for that purpose; and (d) to do all acts comprised in the copyright in the Creator Resources for the purposes of promoting and facilitating the sale of the Creator Resources via the Website.

Materials means the Gondwana Materials and the Creator Resources.

Purchaser means a Registered User who submits a purchase order for or purchases Creator Resources via the Website.

Registered User means any person who has registered an Account.

Services means the publication, promotion and sale of Creator Resources on the Website; providing an online forum for communication, distribution, discussion and sale of Creator Resources; providing an online forum for the promotion of Creators; providing links to third party materials including educational resources and articles; the distribution of Creator Resources via the Website; and any other services offered by us from time to time as specified on the Website.

Style and Upload Guidelines means the policies and guidelines issued by Gondwana and published on the Website from time to time setting out specific requirements and guidelines with which Creators must comply when uploading and listing Creator Resources on the Website.

Transaction Fee means the transaction fee payable by the Creator to Gondwana for each payment made by a Purchaser to the Creator in respect of Creator Materials as specified on the Website or in any associated Gondwana policies and guidelines published on the Website from time to time and as varied from time to time.

Website means the website located at www.unboundteachingresources.com.au and any other application distribution platform (including mobile applications) through which Gondwana provides the Services.