1 Our site

1.1 www.carolineblackley.com is a website and a database (Site) operated by DoSE Training Pty Ltd ACN 623 323 535 as trustee for McCarty Training Trust ABN 57 446 441 215 (we, us and our). The database can be accessed by users through the website and contains information gathered from your school.

1.2 By accessing or using our Site in any manner, you acknowledge that you have read and understood these terms and you agree to be bound by them. If you do not agree to these terms, you must not use our Site.

1.3 To contact us, please email caroline@carolineblackley.com.au.

2 Changes to our Site and these terms

We may update and change our Site and these terms from time to time without notice to you. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. The variations will apply from the date the varied terms and conditions are posted on our Site.

3 Access to our Site

3.1 We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site at our sole discretion.

3.2 You are responsible for ensuring that all usernames and passwords are kept secure and that we are promptly notified when a user account needs to be varied or cancelled. You agree to indemnify us for any loss we suffer (either directly or indirectly) due to any unauthorised access to your account, including by your current or former personnel.

3.3 You may use our Site to:

(a) engage us to collate your school data, including providing us with the necessary information and permissions to collect, organise and analyse the data to populate data reports;

(b) access your school data reports uploaded to the Site by us, including viewing, retrieving, and downloading the reports as required; and

(c) enter observational data related to your school using the features and tools provided on the Site.

(Permitted Uses)

3.4 You must not use our Site for purposes other than the Permitted Uses.

3.5 We make no undertaking, promise, representation or guarantee to you that our Site and the Permitted Uses will always be available as intended.

3.6 You warrant that when accessing our Site and at any time we request information from you, you will provide accurate and complete information.

4 Eligibility to use our Site

Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do so at your own risk and you are responsible for compliance with laws applicable to accessing the Site from your location.

5 Intellectual property rights

5.1 We are the owner or the licensee of all Intellectual Property Rights in the whole or any part of the material contained on our Site, and in the material published on it. Those works are protected by Intellectual Property Rights laws and treaties around the world. All such rights are reserved. You must not infringe our Intellectual Property Rights in the whole or any part of the material contained on our Site.

5.2 For the purposes of this clause 6, ‘Intellectual Property Rights’ means statutory and other proprietary rights in respect of patents, designs, copyright, trade marks, trade secrets, processes, formulae, systems, drawings, data, specifications, documents, and other like rights relating to the services or displayed or referred to on our Site owned by us or in some cases third parties. You must not reproduce, copy, transmit, adapt, publish or communicate or otherwise exercise the Intellectual Property Rights in the whole or any part of the material contained on our website except with the prior written consent from us.

6 Do not rely on information on this Site

6.1 This Site is provided on an ‘as is’ and ‘as available’ basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

6.2 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.

6.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

6.4 We reserve our right to correct any errors on the Site.

7 We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions for those websites.

8 Limitation of liability

8.1 In no event will we, our affiliates, licensees, service providers, employees, agents, officers or directors (Indemnified Parties) be liable or responsible for any loss or damages of any kind, arising out of or in connection:

(a) with your use of, or inability to use, the Site, its content or any websites linked to it; or

(b) unauthorised access to or use of the Site;

(c) your use of any information obtained from the Site and any use of the Site’s content other than as expressly authorised in these Terms;

(d) your breach of these Terms; and

(e) the Site generally,

including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.2 To the fullest extent permitted by law, your sole remedy (and our exclusive liability) against us is to stop using the Site.

8.3 Nothing in these terms affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

8.4 You agree at all times to indemnify and hold harmless Indemnified Parties from and against any loss (including legal costs and expenses) or liability incurred or suffered by any of Indemnified Parties in connection with any breach of these terms by you, your use of, or inability to use, the Site, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.

8.5 You acknowledge that we hold the benefit of these terms on trust for Indemnified Parties and Indemnified Parties will be entitled to enforce these terms against you.

9 We are not responsible for viruses

9.1 We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

9.2 You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

10 Linking to our Site

If you wish to link to or make any use of content on our Site, please contact us by email at caroline@carolineblackley.com.au.

11 Prohibited uses

11.1 You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:

(a) in any way that violates any applicable law or regulation, including, without limitation, any laws regarding the export of data or software to and from other countries;

(b) to transmit, or procure the sending of, any advertising or promotional material, including any ‘junk mail’, ‘chain letter’ or ‘spam’ or any other similar solicitation;

(c) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing; or

(d) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.

11.2 You also agree not to:

(a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;

(b) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;

(d) use any automatic or manual process to reverse engineer or decompile any part of the Site;

(e) use any device, software or routine that interferes with the proper working of the Site;

(f) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

(g) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;

(h) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

(i) otherwise attempt to interfere with the proper working of the Site.

11.3 We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.

12 Default

If you fail to comply with any of these terms, we may decide (in our sole discretion) to:

(a) suspend or terminate your access to the Site or parts of it; and

(b) take whatever action we consider appropriate to recover any direct, indirect or consequential loss, damage or expenses that we have incurred or suffered as a result of your breach.

13 Force majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms, or in relation to the Site, that is caused by any act or event beyond our reasonable control.

14 General

14.1 These terms and conditions are governed by the laws in force in Queensland, Australia. By accessing or using the Site you agree to submit to the non-exclusive jurisdiction of the courts of Queensland.

14.2 These terms and conditions constitute the entire agreement between you and us. Any prior arrangements, agreements, representations or undertakings are superseded.

14.3 Any failure by us to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these terms.

14.4 If any of these terms (or part of them) is held to be invalid or unenforceable, these terms will remain in full force, apart from the term or condition or part of it that is held to be invalid or unenforceable which will be deleted to the minimum extent necessary for these terms and conditions to be valid and enforceable.

14.5 We may assign or subcontract these terms and any of our rights and obligations under these terms to a third party. You may not assign your rights or obligations under these terms except with our prior written consent.

14.6 Additional terms and conditions may also apply to specific portions, services or features of the Site.