Terms and Conditions

 

Last Updated: August 7th, 2011

This legal notice (TERMS and CONDITIONS) applies to all ORB Education websites (ORB ONLINE) including our publishing sites (ORB PUBLISHING), our free share sites (ORB SHARE) and our open marketplace (ORB MARKETS), along with emails and other correspondence between you and us. Use of the websites and correspondence with us indicates that you (as a VISITOR) accept these terms of service whether registered with one of the websites (as a MEMBER) or otherwise.


PLEASE NOTE

The Terms and Conditions may be updated without notice. Changes will be posted on our website along with the last revision date. It is your responsibility to check the notices regularly and only use ORB Online if you agree to the new Terms and Conditions.


SERVICES

ORB Education offers a variety of educational products through our online and offline services. Our online domains include, but are not limited to:

  • www.orbeducation.com
  • www.orbedu.com
  • www.orbeducation.com.au
  • www.orbeducation.co.uk
  • www.orbeducation.co.nz
  • www.themightymaestro.com
  • www.whiteboard-wonders.com
 

ORB Share is a web-based service that provides teachers with an online facility to share digital teaching resources, website links and videos. ORB Markets provides teachers with an online marketplace to buy and sell educational resources from each other. ORB Publishing offers published educational products to teachers via our websites and offline promotional activities. These are all considered part of our SERVICE. The content of ORB Online (CONTENT) includes digital files (documents, PowerPoints, spreadsheets, databases, software, music, sound, photographs, graphics, video etc), messages (reviews, opinions, questions, answers, reports etc) and links (website links, video links etc). The digital files (PRODUCTS) are not owned by ORB Education, but licenced either from the copyright owner (OWNER), whether this is the original creator of the resource (CREATOR) or a third-party publisher (PUBLISHER) as set out below. Licences for use of these resources are then offered to other educators (USERS). The messages (MESSAGES) are posted by and indicate the opinions of Visitors, for which ORB Education holds no responsibility. The links (LINKS) are posted by users and lead to 3rd party websites, for which we can also hold no responsibility. The posting, uploading, emailing or otherwise sharing of any Files, Messages or Links will be referred to as the TRANSMITTING of Content.
The agreement set out below (AGREEMENT) applies to all Visitors, whether they are submitting, viewing, buying and selling Content or taking part in any other activity through ORB Online. This Agreement, as well as the ORB Education Privacy Policy and ORB Publishing help guides, which are incorporated by reference below, constitutes the entire agreement between you and ORB Education and governs your use of the Service.


ELIGIBILITY (access by children)

The ORB Share and ORB Markets Services are intended for adults. ORB Education does not pre-screen content submitted to these areas, and therefore insists that you are over 18 years of age before becoming a Visitor to them.
The Mighty Maestro website is intended for minors and therefore contains no unscreened Content.
Parts of the Service require you to register and provide information about yourself. By using these areas, you agree to provide true, accurate, current and complete information about yourself as requested, and to maintain and promptly update the registration data in order to keep it accurate, current and complete.


ACCOUNT SECURITY

A USERNAME and PASSWORD is required for access to many areas of ORB Online. As a Member, you are fully responsible for all activities that take place under your Username and for maintaining the confidentiality of your Password. You should therefore notify us immediately of any possible breaches of security. You should log out of your account at the end of each session in order to prevent subsequent computer users accessing your account. ORB Education is not liable for any loss or damage arising from your failure to meet this obligation.

ORB Education will protect all personal information collected through ORB Online in accordance with our Privacy Policy (available on all websites).


VISITOR CONDUCT

As a Visitor, you agree not to:
� Transmit Content that is unlawful, fraudulent, deceptive, misleading, deceitful, libellous, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, invasive of another's privacy, hateful, vulgar, obscene, pornographic, profane, sexually explicit, indecent, or racially, ethnically or otherwise discriminatory;
� harm or attempt to harm others in any way, including behaviour that would be considered as �stalking�.
� impersonate any person or entity or otherwise misrepresent yourself, or manipulate IP addresses, email addresses or any other identifiers with the aim of disguising the origin of any Transmitted Content;
� Transmit Content that you do not have a right to share under any law, contract or other relationship, or that infringes any copyright, patent, trade secret, trademark or other proprietary rights of any party;
� Transmit Content that is considered unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation outside the Services as stated;
� Transmit Content that contains viruses, worms, spyware, malware or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any aspect of the Service;
� Transmit Content that includes identifying information about a person without their consent, or collect or store personal data about other users;
� buy or sell Content through the Service without being a Member, or in any way that circumnavigates the intended system for such transactions.
� manipulate the price of products or otherwise interfere with any Content that is not your responsibility;
� advertise or post links to any products or services that are illegal or restricted by applicable law;
� use automated means of any sort to extract data from the Service, with the exception of reputable internet search engines and non-commercial public archives that comply with our robots.txt file, or �well-behaved� web services/RSS/Atom clients. We reserve the right to define what we mean by �well-behaved�;
� develop, invoke, or utilise any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service ;
� disrupt or interfere with the running of the Service, or take part in any activity that diminishes the quality of the Service in any way;
� attempt to gain unauthorized access to our systems or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
� intentionally or unintentionally violate any applicable law or regulation, including any intellectual property laws or tax laws;


CONTENT INDEMNITY

Shared Content is the sole responsibility of the Visitor from which it originated. All shared Content must be lawful, relevant, fair and appropriate. ORB Education will not accept responsibility for, and offers no guarantee regarding the accuracy, integrity or quality of any Content submitted to ORB Online. Although ORB Education prohibits certain Content as outlined above, and will make reasonable efforts to eliminate such Content, you accept that there is a risk of exposure to Content that you may find offensive, indecent or objectionable. As someone who posts Content, you understand that action may be taken against you regarding breach of copyright, defamatory remarks or for any other breach of the Terms and Conditions, and this may result in a legal obligation for us to disclose your identity (see our Privacy Policy for more information) and the payment of compensation.
You acknowledge that ORB Education does not pre-screen Transmitted Content but that we have the right (but not the obligation) to monitor communications that occur through, and posts made to ORB Online. ORB Education determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, we may refuse to accept or may remove, edit, move or close, in whole or in part, any Content from ORB Online at any time for any reason, without any liability to you or a third party.
Areas of ORB Online include Links to 3rd party websites and resources. ORB Education has no control over such external sites and resources. You agree that ORB Education is not responsible for the availability of such external sites and resources, and that ORB Education does not endorse and is not responsible or liable for any content, advertising, products, services or materials on or available from such external sites and resources. Any reliance on the contents or services of such an external web site or resource is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
With reference to ORB Share and ORB Marketplace, ORB Education makes no representations or warranties that the contents of any products listed for sale on the service are fit for any particular purpose or will meet any User requirements. ORB Education assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the service, any bugs, viruses, trojans, or the like, which may be transmitted to or through the Service by any third party, and/or any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any product or content posted, emailed, transmitted, sold or otherwise made available via the service.

ORB Education does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website, or featured in any banner or other advertising.


SUBMITTING CONTENT TO ORB SHARE

Any Member can submit resources to ORB Share, providing that they agree to the Terms and Conditions stated in this document.


ACCESSING CONTENT FROM ORB SHARE

There are no fees for obtaining content from ORB Share, but, in each section, Members must have submitted a resource in order to access those shared by others.
� Members who have submitted a downloadable resource to the Australian Curriculum area of ORB Share may access all downloadable files shared by other users in all areas of ORB Share.
� Members who have submitted a downloadable resource to the non Australian Curriculum area of ORB Share may access all downloadable files shared by other users in the non Australian Curriculum area of ORB Share.
� Members who have submitted a website link to the Australian Curriculum area of ORB Share may access all website links shared by other users in all areas of ORB Share.
� Members who have submitted a website link to the non Australian Curriculum area of ORB Share may access all website links shared by other users in the non Australian Curriculum area of ORB Share.
� Members who have submitted a video link to the Australian Curriculum area of ORB Share may access all video links shared by other users in all areas of ORB Share.
� Members who have submitted a video link to the non Australian Curriculum area of ORB Share may access all video links shared by other users in the non Australian Curriculum area of ORB Share.


SUBMITTING CONTENT TO ORB MARKET

To submit content to ORB Market, a Member must have submitted and maintain at least one freely shared resources in ORB Share, and agree to the Terms and Conditions stated in this document. In addition, you agree that, in the absence of a specific preview file, your selected free resource will be made available to prospective buyers as a sample of your work.
In ORB Market, those submitting materials are responsible for setting a price for the sale of the File and are obligated to sell the file at the price listed.
Members will be charged service fees on sales made through the ORB Market, as set out below.

� 40% of the sale price of each item sold.
� 30c transaction fee on each item sold.

For each transaction, ORB Education will automatically deduct the Fees from the sale price collected from Users and immediately credit the remaining amount to the Owner�s Commission Balance in their account. Owner�s may leave this entire amount in their account or spend some/all of the balance on products for their own use. Any outstanding Commission will be forwarded to the Owner on a quarterly basis (within 4 weeks of the final day in each quarter, ending March 31st, June 30th, September 30th and December 31st). By listing an item for sale, you represent and warrant to prospective Users that you have the right to sell the product and that your listing is accurate, current, complete and is not misleading or otherwise deceptive.


ACCESSING CONTENT FROM ORB MARKETPLACE

Any Member can obtain Content from ORB Marketplace on payment of the full price displayed on the product page. This payment may be made instantly through PayPal (using a Credit Card or otherwise) or by crediting your account via one of our other payment methods prior to making your purchase. Other available payment methods may include direct bank transfer and cheque, as listed in your account. A receipt for your payment will be displayed on the screen and emailed to you. Download links for this resource are available in your account immediately for at least 30 days.
When placing an order, you agree to pay in full for all Content purchased and that delivery of the Content does not transfer to you any commercial or promotion use rights. You agree that your use of the Service constitutes your acceptance of and agreement to the Terms and Conditions stated in this Agreement.
ORB Education will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Additionally, ORB Education is not responsible for any damages or lost profits that result from members directly contacting other members or for any damages or lost profits resulting from transactions conducted outside of the service, including transactions that may originate through the service but are taken offline or outside of the service.


SUBMITTING CONTENT TO ORB PUBLISHING

Products can be tagged for the ORB Publishing cycle when submitted. This request alerts ORB Education to your wish, but does not guarantee that the product will be published anywhere. The tagging of a resource as such does not affect the availability of the product through ORB Share and ORB Marketplace. If your resource is selected for ORB Publication, you will be notified that the process is underway and given a number of options about how to proceed. This will include the removal of the resource, or any similar, or derivative resource for which you own the copyright, from ORB Share and ORB Marketplace. Further Terms and Conditions will be presented at this stage.

In ORB Publishing, prices are set by ORB Education. Commission payments for sales of your products within the ORB Publishing area are awarded through two streams. Amounts owing for products sold through ORB Online are paid via PayPal on a quarterly basis using the same method as for the ORB Marketplace payments described above. Commission payments for offline (real world) sales are presently paid on a 6 monthly or 12 monthly basis, as outlined in our ORB Publishing help guides.


ACCESSING CONTENT FROM ORB PUBLISHING

Any Member can download ORB Published products through our website using the same method as described for ORB Marketplace above. Orders can also be placed through our mailorder catalogues, via post, email or fax. Mail orders from known schools can be placed and the products forwarded with an invoice. Other mail orders should be accompanied by a cheque or direct debit for the full amount.


CONTENT RIGHTS

A. Licences Granted by Creators and Publishers to ORB Education.

ORB Share

On posting Products to ORB Share, you grant ORB Education a royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, whether now known or later developed. You hereby waive any moral rights you have in the Content and agree to perform all further acts necessary to perfect any of the rights granted by you to ORB Education.

ORB Markets

On posting Products to ORB Markets, the copyright is retained by the current owner whether Creator or Publisher. However, for the duration of time that the Product is made available through ORB Online, you automatically grant ORB Education a royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, whether now known or later developed. This licence is revoked after removal of your products from the Service and the cancellation of your membership, but any current promotional activates already in process will continue through to the end of their natural cycle. ORB Education maintains the right to offer the product for the length of time required for this cycle to be completed, plus the 30 days for which the download is made available after sale, as outlined in the Agreement above.

ORB Publishing

The licence details for products in the ORB Publishing area are agreed during the publishing process.

B. Licences Granted by Creators and Publishers to Users.

ORB Share

Licences are granted by ORB Education to the User as set out below.

ORB Markets

Copyright ownership of products submitted to ORB Markets is retained by the current owner, whether Creator or Publisher. As the current owner, you control the copyright licences granted to the User and have the responsibility of informing the User of the Terms and Conditions under which the Content is offered. You may select and apply a copyright licence from the Creative Commons website. In the absence of any other licence, the User may select from one of the ORB Publishing licence agreements set out below.

ORB Publishing

Products in the ORB Publishing area are controlled by ORB Education, as outlined below.

C. ORB Education to Users.

All Content is subject to copyright and/or other intellectual property right owned by or licensed to ORB Education. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this website without our explicit consent. You acknowledge that, by making use of this Content, you are agreeing to comply with this prohibition.

ORB Share

ORB Education grants you a personal, non-transferable and non-exclusive right and licence to use the Content for its intended purpose subject to your compliance with these Terms and Conditions. Unless otherwise stated, these products may be used within your educational establishment, home school or during any other appropriate educational activity for which you are responsible. Products may not be loaned, rented, distributed, sold, exploited or republished without the prior consent of ORB Education. If the product is in an easily editable format, then you have the option of editing the resource for your own classroom use (or equivalent) but all derivative works are also subject to these same Terms and Conditions.

ORB Markets

Products in ORB Market are subject to the licence stipulated by the copyright owner. In the absence of a specified licence, products automatically adopt the ORB Publishing licensing model described below.

ORB Publishing

Products are subject to either a school licence or an independent licence, as selected by the purchaser. In the absence of this selection, the School Licence is assumed.

1. Use of Products

School Licence
Resources may be used by the students and teachers of the purchasing school during activities for which the school has responsibility. Resources cannot be used by staff for teaching elsewhere or by students for use in non-school (i.e. private) tutorials. Products may not be lent, sold or republished without the prior consent of ORB Education.

Independent Licence
Resources may be used by the students of the purchaser only. This may include lessons taught in a variety of schools or during private tutorials. Products may not be lent, sold or republished without the prior consent of ORB Education.

2. Copying and Backups

School Licence

Copies of the resources may be shared amongst the teachers and students of the purchasing school only. Acceptable uses are shown below.

Closed site licence - Non-software products only
a. The printing, photocopying and filing of resource materials.
b. The copying of digital files to a school-based server for sharing on a private school network.
c. The copying of digital files to PCs around the school.
d. The integration of digital resources with a VLE/LMS.
e. The backing-up of digital files to a CD, DVD or memory stick, provided that a copy of this licence agreement remains with the copies.

Open site licence - Non-software products only (all of the above, plus the following)
f. The copying of digital files to student-owned laptops. Off-site use is included, provided that all use is entirely on behalf of the purchasing school and that students have been made aware of this fact.
g. The copying of digital files to teacher laptops. Off-site preparation work by teachers is allowed provided that this is entirely on behalf of the purchasing school.
h. The publication of resources to a secure, password protected intranet, but not a public-accessible website.
i. The emailing of digital files as attachments to a selected list of students.

Independent Licence

Copies of the resources may be shared with your students. Acceptable uses are shown below.

Closed site licence - Non-software products only
a. The printing, photocopying and filing of resource materials.
b. The copying of digital files to your personal PCs and laptops.
c. The backing-up of digital files to a CD, DVD or memory stick, provided that a copy of this licence agreement remains with the copies.

Open site licence - Non-software products only (all of the above, plus the following)
d. The copying of digital files to student-owned laptops. Off-site use is included, provided that all use is entirely on behalf of the purchaser and that students have been made aware of this fact.
e. The publication of resources to a secure, password protected intranet, but not a public-accessible website.
f. The emailing of digital files as attachments to a selected list of students.

3. Editing Materials

Resource materials may be adapted for use, with the following restrictions:
a. Any subsequent product is subject to the same copyright laws as the purchased resources, however little of the original content is used.
b. The footer and copyright symbol remain in place.
c. Any other restrictions placed on content are observed. For example, third party images carrying the Corel logo may not be used in any other document.


SOFTWARE LICENCES

Each piece of software is delivered with its own licence terms and conditions. Please view these on installation of the product.
To prevent the accidental misuse of files, the recipients of either digital or hard copies of ORB Education products must be made aware of the restrictions outlined in the 'Use of Products' section.


CONTENT OBJECTIONS

ORB Education respects copyright ownership. If you have a concern regarding any of the Content on ORB Online, then the first step is to contact the Owner of the Content using the �Problems� link in the top section of any product page. If you fail reach an agreement with the Content Owner, then please use the �Report� link in order to inform ORB Education of the problem. It is our policy to remove Content that contravenes these Terms and Conditions. We may also terminate the accounts of users who appear to repeatedly infringe copyright.


CONFIDENTAL INFORMATION

CONFIDENTAL INFORMATION refers to any and all data, information, documents, software, trade secrets, proprietary information or materials relating to the business and management of ORB Education, the Visitors or Members, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to the business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, trade-secrets, training materials, personnel, clients, methodologies or Content belonging to others and other intellectual property.
You acknowledge the need to protect any Confidential Information which you obtain through the use of the Service constitutes the valuable, confidential, proprietary information of ORB Education and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any third party any such Confidential Information, except as specifically authorised under these Terms and Conditions or as required by applicable law.


STORAGE OF INFORMATION

You acknowledge that ORB Education may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service and the maximum number of times you may access the Service in a given period of time. You agree that ORB Education has no responsibility or liability for the deletion or failure to store any Content. You acknowledge that ORB Education reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that ORB Education reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


ELECTRONIC SIGNATURES

The Service includes the ability to enter into agreements and/or to make purchases electronically. On using the service, you acknowledge that your electronic submissions constitute your agreement to these Terms and Conditions and your intent to be bound by this agreement. This applies to all transactions within the Service, including notices of cancellation, policies, contracts and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.


FURTHER LIMITATIONS

Any direct interactions between yourself and other Users of this Service, including the purchase, sale of and payment for products, along with any other terms, conditions, warranties or representations associated with such dealings, are solely between you and that individual or entity. Please use caution and good judgment . In the case of ORB Publishing, ORB Education is that entity, otherwise, you agree that ORB Education is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Owner or Visitor for any purpose whatsoever and that it is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Visitor�s use or disclosure of your personally identifiable information. For details about our information collection practices, please see our Privacy Policy. In the event of a dispute between yourself and any 3rd party, ORB Education is under no obligation to become involved, and you hereby release ORB Education from any claims, demands or damages of any kind and of any nature arising out of or relating to any such dispute. You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes that might apply to any sales you make in connection with this Service.

ORB Education reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. To the fullest extent permitted by applicable law, you agree that ORB Education shall not be responsible or liable to you or to any third party for any loss or damage of any kind, modification, suspension or discontinuance of the Service. You agree that ORB Education, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ORB Education believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

ORB Education reserves the right to modify the Terms of Services at any time, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service. If you do not agree to the terms of this Agreement or any modified version of this Agreement, do not continue to use the Service or access the site.

You expressly acknowledge and agree that ORB Education shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if ORB Education has been advised of the possibility of such damage.

ORB Education makes no warranties or representations about the credibility of the members of the service, that members will perform as promised, about the truthfulness, accuracy or completeness of the service's content or the content of any sites linked to this service, or the availability, quality, characteristics, legitimacy, functionality, pricing, shipping, delivery, security or safety of any products or content (including, without limitation, any teaching content) listed for sale on this service, or any product descriptions or product literature.

You agree that ORB Education, its affiliates, and its and their officers, directors, employees, agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, use, data or other intangible losses, resulting from: (i) the access to or the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In the event that an exclusion voids the limitation of liability for incidental or consequential damages, ORB Education�s liability to you or any third party shall in no event be, in the aggregate, greater than the lesser of (a) the total amounts paid by you to ORB Education during the twelve months prior to the claim or action allegedly giving rise to such liability, or (b) one hundred Australian dollars (AU$100.00).


FURTHER OBLIGATIONS

On using this Service, you are declaring that you are over the age of 18 years and that you are not barred from using such services under any laws in any applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and to maintain and promptly update the data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or ORB Education has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, without limitation any other remedies, ORB Education has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please see our Privacy Policy for further information.


INDEMNITY

By accepting the Agreement, you agree to indemnify, defend and hold ORB Education and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all liability, losses, costs, claims, expenses, demands, expenses or tax assessments, incurred in connection with or arising out of violation of these Terms and Conditions, any applicable law, any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of or relating to any Transferred Content, your connection and use of the Service, your actual or alleged breach of this Agreement , your actual or alleged infringement of any third party intellectual property or proprietary rights or your actual or alleged violation of any applicable laws, rules, regulations or rights of another. This indemnity includes both any liability to third parties, and other costs and losses incurred by ORB Education.


DISCLAIMERS

You expressly acknowledge and agree that:

� Your use of the Service is at your sole risk. ORB Education Services are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Websites or through the Service or that use of the Websites will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of ORB Education for any errors, omissions or inaccurate information available through the Service.
� The Content made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The Content does not address your particular circumstances and accordingly you should not rely upon the Content as a substitute for proper professional advice.
� ORB Education is not responsible for how the Content is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided.
� Any material downloaded or otherwise obtained through the use of the Service is done so at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
� No advice or information, whether oral or written, obtained by you from ORB Education shall create any warranty or other obligation not expressly stated in these Terms and Conditions.


OWNERSHIP

All ORB Online sites are owned by ORB Education, Australia, and (in the case of certain features) its third party service providers. Unless otherwise indicated, the contents of all ORB Online sites are the property of ORB Education and are protected, without limitation, pursuant to domestic and foreign copyright and trademark laws. Unless permission is specifically granted otherwise, no material from ORB Online may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

All logos, names are trademarks used with ORB Online are property of, or licensed by ORB Education. You agree not to display or use these trademarks in any manner without prior, written consent from ORB Education.


WAIVER AND SEVERABILITY

The failure of ORB Education to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be held unlawful, void or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.


GOVERNANCE AND APPLICABLE LAW

The Terms of Service will be governed by and construed in accordance with the laws of the NSW and Australia, without regard to its conflict of law provisions. ORB Education makes no representation that materials or content on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


MISCELLANEOUS

� ORB Share may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service.

� ORB Share may assign this agreement to any successor or purchaser of ORB Education, in whole or part, or of any of its assets.

� Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.

Please send any questions or comments regarding this agreement, or report any violations of this Agreement, to enq@ REMOVE THIS orbeducation.com.