Terms and Conditions

Terms and Conditions of Use

These Terms and Conditions constitute a legally binding contract between Casual Case and you (User).

Casual Case operates the website located at www.casual case.com.au (site).  These Terms and Conditions apply to the goods and services supplied via the Site and to Users viewing the Content that appears on the Site.

By viewing and using the Content, creating an account or license, or purchasing goods and services, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they agree to be bound by them.

Users who do not agree to these Terms and Conditions must leave the Site immediately.

1. Definitions and interpretation

1.1 Defined terms

Application means the application that is available on the Site for the User to access, download (if applicable) and use.

Commencement Date means:

(a)           for a Free Licence: the date the User checks the “I accept” box when creating a User account.

(b)           for a Paid Licence: the date the User pays the Licence Fee.

Content means any other text, data, speech, music or other sounds, visual images (animated or otherwise) is any form, or in any combination of forms as defined in Schedule 7 of the Broadcasting Services Act 1992 (Cth) on the Site and includes the Materials and Application and any features that appear on the Site for Users to use.

Free Licence means the royalty-free, fee-free, non-exclusive, worldwide licence granted to Users to use the Free Materials.

Free Materials means the free Resources and Application that are available for Users to download and use from the Site for free.

Initial Period means the one (1) year period commencing on the date the User pays the Licence Fee.

Insolvency Event means circumstances in which Casual Case or a User take any corporate action or any steps are taken or legal proceedings are started for:

(a)           its winding-up, dissolution, or liquidation;

(c)            the appointment of a controller, receiver, administrator, official manager, trustee or similar officer of it; or

(d)           seeking or being granted protection from its creditors, under any applicable legislation.

Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).

Licence means the Free Licence and the Paid Licence.

Licence Fee means the yearly fee payable by the User in accordance with the Casual Case plan the User has chosen.

Materials means the Free Materials and Paid Materials.

Paid Licence means the non-exclusive, worldwide, licence granted to a User pursuant to the TCasual Case plan the User has paid for the Materials.

Paid Materials means the Resources and the Application that the User is granted access to pursuant to their Paid Licence.

Renewal Period means the one (1) year term commencing on the expiration of the Initial Period and any subsequent renewal period.

Resources means the resources available on the Site excluding the Application.

Term means the Initial Period and each subsequent Renewal Period as applicable.

1.2 Interpretation

Reference to:

(a)           the singular includes the plural and the plural includes the singular;

(b)           a person includes a body corporate;

(c)            to an amount of money, to $, $A or dollar is a reference to the currency of Australia;

(d)           a statute, regulation or provision of a statute or regulation (a Statutory Provision) includes:

(i)             that Statutory Provision as amended or re-enacted from time to time; and

(ii)           a statute, regulation or provision enacted in replacement of that Statutory Provision;

(e)            including and similar expressions are not words of limitation;

(f)             where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(g)            headings and the table of contents are for convenience only and do not form part of these Terms and Conditions or affect its interpretation.

2. Accessing Resources

In order to access some of the Resources, Users must have a fully licensed and operating copy of Adobe Reader, which can be downloaded from http://get.adobe.com/reader/.

3. Licence

3.1 Free Licence

(a)           The Free Licence commences on the Commencement Date and continues until the User’s account is terminated.

(b)           Casual Case grants Users a non-exclusive, non-transferable, fee-free, royalty-free limited licence to use the Free Materials until the User’s account is terminated by the User, or by Casual Case pursuant to these Terms and Conditions.

(c)            The User agrees to use and access the Free Materials on the terms of the Licence and for the purpose for which the Free Materials are provided.

3.2 Paid Licence

(a)           The Paid Licence commences on the Commencement Date and will continue for the Term.

(b)           Casual Case grants Users a non-exclusive, non-transferable, limited licence to use the Paid Materials for the Term in exchange for the Licence Fee.

(c)            The Users agrees to use and access the Paid Materials on the terms of the Paid Licence and for the purpose for which the Paid Materials are provided.

(d)           The Paid Licence will not automatically renew after the set paid period. The User will need to renew their subscription / Paid Licence.

(e)            If Casual Case increases the Licence Fee during the Term, the Users agree to pay the increased Licence Fee, when the Paid Licence renews for the Renewal Period.

(f)             The Users agrees to pay the Licence Fee in the manner stipulated by Casual Case.

(g)            The Users are responsible for payment of all applicable taxes in relation to the Licence, unless Casual Case advises otherwise.

3.3 Unauthorised access and use

The Users must not under any circumstances:

(a)           provide Materials to any teachers, parents, or other unauthorised users;

(b)           resell any Materials;

(c)            provide any Materials for profit or a personal benefit; or

(d)           allow any third parties to use their Licence.

3.4 Ownership

(a)           Casual Case retains all right, title and interest in and to all Intellectual Property in the Content and Site.

(b)           The Users acknowledge that they do not acquire any Intellectual Property, either express or implied, in the Content and Site beyond the terms contained in these Terms and Conditions.

3.5 No obligation to support

Provided the Materials function and are fit for purpose, Casual Case has no obligation to provide support, maintenance, upgrades, modifications or new releases of the Materials.

3.6 Customised Resources

(a)           Users may, depending on their Paid Licence, customise the Resources.

(b)           Users grant Casal Case an irrevocable, worldwide, royalty-free, fee-free licence with the right to sublicense to use, reproduce and make available all the User’s customisations in the Resources.

(c)            Users may display their customised Resources on the Site for other users to access, view and use.

(d)           Users must not upload any customised Resources which contain details or information relating to students, including but not limited to students’ names, photographs of the students, class names, and any other identifying information.

(e)            By allowing other users to access, view and use the User’s customised Resources through the Site, the User represents and warrants that:

(i)             they are responsible for customising the customised Resources;
(ii)           the customised Resources do not contain any identifying information of the User’s students
(iii)         their customised Resources are appropriate for other users to use; and
(iv)           their customised Resources do not contain any content that could be considered defamatory, obscene, untrue or in contravention of any applicable law.

(f)             Users acknowledge that Casual Case may remove any of the User’s customised Resources if Casual Case considers that the customised Resources breach any of the representations and warranties contained in clause 3.6(e).

(g)            Users may not sell or share their customised Resources on third-party websites or stores unless they have received prior approval from Casual Case.

3.7 Schools

If the User is a school:

(a)           it is responsible for ensuring that its personnel access the Materials in accordance with these Terms and Conditions and the Licence; and

(b)           its Licence may be terminated if:

(i)             if any of its personnel breach the terms and conditions of these Terms and Conditions or the Licence; or

(ii)           the number of personnel accessing the Materials exceeds the limit contained in the User’s Paid Licence.

3.8         Account and password

(a)           Users must create a Site account to access the Materials.

(b)           Users must keep all usernames and passwords to their account strictly confidential.

(c)            Users are expressly prohibited from sharing their account details with third parties, however they may access the Site from whatever location they like.

3.9         Termination by Casual Case

(a)           Casual Case reserves the right to limit, cancel, suspend or terminate a Licence without notice if:

(i)             it no longer has the right to provide the Content to the User for any reason whatsoever;

(ii)           the User commits a breach of any of the material terms and conditions of these Terms and Conditions or the Licence, including but not limited to providing the Materials to unauthorised users;

(iii)         the User’s use of the Content may breach a third party’s Intellectual Property rights;

(iv)         the activities being conducted by the User contravene any applicable law;

(v)           the User does not pay the Licence Fee for the Renewal Period prior to the Renewal Period commencing;

(vi)         the User is a body corporate and suffers an Insolvency Event;

(vii)       the User is an individual and becomes bankrupt.

(b)           If Casual Case terminates the Licence pursuant to this clause 3.9:

(i)             the User will cease to have access to the Materials;

(ii)           the User will not be entitled to a refund of any Licence Fees paid for the Licence; and

(iii)         Casual Case is not liable for claims, demands or damages (including actual and consequential) of any kind for terminating the User’s access to the Content and Site.

3.10     Termination by the User for breach

(a)           The User can terminate the Licence without notice if Casual Case commits a breach of any of the material terms and conditions of the Licence.

(b)           Casual Case will refund the User the Licence Fee for the Initial Period or the Renewal Period as applicable on a pro-rata basis if the Licence is terminated pursuant to clause 3.10(a).

(c)            If the Licence is terminated because the User did not pay the Licence Fee for the Renewal Period, the User may continue to access the Materials up until the Term expires.

3.11     Actions upon termination

Upon termination:

(a)           the User will cease to have access to the Content;

(b)           the User must delete any downloaded or saved Resources;

(c)            the User must cease using any Resources, except for Resources that have been printed prior to the Licence being terminated;

(d)           the User must cease to use and uninstall the Application from all devices the User has installed the Application on;

(e)            any clauses intended to survive termination of this Licence, including clauses 3.3, 3.4, 3.6(b), 3.6(e), 3.11, 7, 10, 11, 12, 13.1 and 13.6, survive termination.

4.           Permitted use of Content

(a)           Unless otherwise indicated, Casual Case reserves all copyright in the Content and design of the Site.  Casual Case owns all such copyright or provide it to Users under the terms of a limited licence embodied in these Terms and Conditions each time Users visits the Site.

(b)           User may download, print or copy Content for their own use, pursuant to their Licence.  Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.

(c)            Users must not use, reproduce, communicate, publish, or distribute any of the Content on the Site, outside the scope of their Licence, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act).  In particular, Users must not reproduce or use any of the Content for commercial benefit.

(d)           Other than for the purposes of and subject to the conditions prescribed under the Act or as otherwise provided for in the Licence and these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

5.            Prohibitions on use

The Site and Content must not be used in any manner that infringes Casual Case’s rights.  Users agree that they must not:

(a)           data mine or conduct automated searches on the Site or the Content whether through the use of additional software or otherwise;

(b)           frame or mirror the Site;

(c)            tamper with, hinder the operation of, or make unauthorised modifications to the Site or Content;

(d)           transmit any virus, worm or other disabling feature to or via the Site;

(e)            abuse, defame, harass, stalk, threaten or otherwise violate Casual Case’s legal rights or the legal rights of a third party;

(f)             advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from the Site or the domain;

(g)            modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content;

(h)           use the Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);

(i)             use the Content for any purpose or in any manner not contemplated in these Terms and Conditions or in a manner which could damage the reputation of Casual Case or the goodwill or other rights enjoyed by Casual Case; or

(j)             transfer, sublicense, rent, lease or lend the Materials to a third party or use the Materials outside of the classroom or for commercial sharing.

6.           Provision of service

(a)           Casual Case may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.

(b)           Casual Case may also choose at its sole discretion to block or deny any particular User with access to any of the Content.

(c)            Casual Case may make improvements and or changes to the Content and Site at any time without notice.  Casual Case does not warrant that the information architecture or navigation will not change now or at any time in future.

7.            Consent to the provision of information to third parties

(a)           Users acknowledge that their details may be provided to third parties in order for Users to access the Content and the Site.

(b)           Users acknowledge that their credit card details or PayPal billing agreement will be securely stored by Recurly, in order for Users to access the Content and the Site and for Users subscription to be renewed.

8.           Links to third party sites

(a)           Casual Case does not represent that the content on other websites to which the Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.

(b)           By inadvertently linking to infringing third party content, Casual Case is not authorising infringement of any intellectual property rights contained on those websites.  Please contact Casual Case to notify of any links which are alleged to be infringing.

9.           Take down procedure

(a)           Casual Case takes all reasonable steps to be aware of Content published by Users on the Site.  Casual Case is committed to removing all Content as soon as practical after Casual Case is notified that the Content may be a breach of copyright or other Intellectual Property rights, is defamatory or otherwise claimed to be illegal.

(b)           Notify Casual Case of a claimed infringement of copyright which includes:

(i)             information about the complaining party (Complainant) including for example: address, telephone number (land line and mobile) and email address;

(ii)           an electronic or physical signature of the copyright owner or authorised agent of the owner of the allegedly infringed material;

(iii)         identification of the Content that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Casual Case to locate the material;

(iv)         a statement that the Complainant has a good faith belief that use of the Content in the manner complained of is not authorised by the copyright owner, agent, or the law; and

(v)           a statement that the information in the notification is accurate and, under penalty of perjury, that the Complainant is authorised to act on behalf of the owner of an exclusive right that is allegedly infringing.

(c)            Users acknowledge and agree that if Casual Case receives a notice of a claim of copyright infringement, Casual Case may immediately remove the Content from the Site without further notice.

10.        No duty of care

(a)           Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.

(b)           Casual Case makes the Site available for the User to use, however Casual Case does not assume a duty of care to the User.  Casual Case makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content.

(c)            Users must make their own investigations to ensure the Content is accurate before they rely upon it.

11.          Warranty disclaimer

11.1     Disclaimer of warranties

Users expressly acknowledge and agree that, to the maximum extent permitted by law:

(a)           their use of the Site and Content is at their sole risk.  The Site and Content is provided on an “as is” and “as available” basis.  Casual Case and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b)           Casual Case makes no warranty that:

(i)             the Content and Site will meet Users’ requirements;

(ii)           the Content is accurate or reliable;

(iii)         the Content and the Site will be uninterrupted, timely, secure or error-free;

(iv)         the quality of the Content, or other material obtained by Users through the Site will meet Users’ expectations; and

(v)           any errors will be corrected;

(c)            any Content downloaded or otherwise obtained through the Site is accessed at Users’ own discretion and risk, and Users are solely responsible for any damage to their computer or loss of data that results from downloading Content; and

(d)           no advice or information, whether oral or written, obtained by Users from Casual Case or through or from the Content creates any warranty not expressly stated herein.

11.2     Limitation of liability

(a)           Except for certain statutory warranties under consumer protection laws Casual Case does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.

(b)           Subject to any claims available under consumer protection laws, Casual Case and its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:

(i)             any inaccurate or incorrect information in the Content;

(ii)           Users’ use of the Content;

(iii)         any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;

(iv)         any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;

(v)           the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Site;

(vi)         any unauthorised access to or alteration of a User’s account information;

(vii)       for anything a User does to a third party as a result of using the Content or Site;

(viii)     for any inability to use any third party equipment or access to data;

(ix)         for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Site;

(x)           for any indirect, incidental, punitive, special, or consequential loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site, even if Casual Case has been advised of the possibility of such damages or if such damages are foreseeable.

(c)            For claims that cannot be excluded or restricted under consumer protection laws, the liability of Casual Case for such a claim will (at Casual Case’s option and to the extent permitted by law) be limited to:

(i)             in the case of goods: repairing or replacing those good or paying the cost of having those repaired or replaced; and

(ii)           if the breach relates to Content: resupplying that or equivalent Content, or paying the cost of having that Content resupplied.

11.3     Indemnity

The Users indemnify, defend and hold harmless Casual Case and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Casual Case may incur or suffer as a direct or indirect result of:

(a)           any breach of these Terms and Conditions;

(b)           a User’s negligent acts or omissions;

(c)            an actual or alleged breach by a User of any law, legislation, regulation, by-law or code of conduct caused by the Content or other data uploaded or downloaded from the Site;

(d)           use of the Content or Site, including any third party claims made in connection with, or arising out of, the User’s use of the Content and Site;

(e)            any claims brought by or on behalf of a third party relating to any act or omission by the User, including breach of a third party’s copyright or trade mark.

12.        Notices

(a)           For all correspondence in relation to these Terms and Conditions, please contact Casual Case via online form.

13.        Miscellaneous provisions

13.1     Access to the Site

No representation or warranty is made that the Content and Site comply with the laws of any country outside of Australia.  A User accessing the Site from outside Australia, does so at their own risk.

13.2     RSS Feeds

If a User utilises any features on the Site such as RSS Feed(s) (Feed) that may or may not (as the case may be) available from time to time, the format of the Feed must not be interfered with.  The User must include the back link to the full article on the Site and show any included attestation.

13.3     Trade marks

Casual Case may be the owner of several common law (or where indicated), registered trade marks which appear on the Site.  Unauthorised use of these trade marks will infringe Casual Case’s Intellectual Property rights.  If a User infringes Casual Case’s Intellectual Property rights, Casual Case reserves its rights to take action against that User.

13.4     Amendments

Casual Case may change the Terms and Conditions at its discretion by providing notice on the Site.  The version of the Terms and Conditions that applies to the Users will be available on the Site each time a User visits the Site.

13.5     Entire agreement

These Terms and Conditions (including the Licences) and any warranties implied by law which are not capable of being excluded or modified and the Privacy Policy amount to the entire agreement with the Users.  Any contact with Casual Case and its officers, agents or authorised representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.

13.6     Governing law and jurisdiction

The laws of Queensland and Australia govern these Terms and Conditions.  Casual Case and the Users submit to the non-exclusive jurisdiction of the Supreme Court of New South Wales and the Federal Court of Australia.

13.7     Severability

Part or all of a provision of these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining parts of the provision or provisions of these Terms and Conditions continue in force.

13.8     Waiver

If Casual Case does not act in relation to a particular breach by a User of these Terms and Conditions, this will not be treated as a waiver of Casual Case’s right to act with respect to subsequent or similar breaches

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