All care and diligence is taken to ensure the accuracy and currency of information. However, we, our officers, employees and contractors make no representation and accept no responsibility for any error, omission, inaccuracy, misleading information or anything done or not done if you access, use, download or act in reliance on any representation, information or data contained, linked or distributed through this Website. This Website and its content is therefore provided in its present form, and to the full extent permitted by the law, we make no warranty or representation of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.
All express or implied terms, conditions, warranties, statements, assurances and representations in relation to any items sold online by us are hereby excluded save for:
(a) these terms and conditions;
(b) the conditions and warranties necessarily implied under the law of the relevant State and the provisions of the Competition and Consumer Act 2010 (Cth) and any statutory modification or re-enactment thereof; and
(c) any other terms and conditions to which we agree in writing to be bound.
Any liability of ours, which is not excluded by the preceding clause, is limited to the extent permitted by law to such one or more of the following as determined by us in our absolute discretion:
(a) with respect to the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or of
(iv) acquiring equivalent goods; or
(v) the payment of the cost of having the goods repaired;
(b) with respect to the supply of services:
(i) the re-supply of the services; or
(ii) the payment of the cost of having the services re-supplied.
You acknowledge that except for these terms and conditions, we do not give or make any warranty assurance, promise or representation regarding the quality, fitness for use, suitability or merchantability of goods for any purpose whatsoever, and that in ordering goods or services you have relied entirely on your own knowledge, skill and judgement.
Further, we accept no liability for any direct, indirect, incidental, consequential, special or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising out of or connected to access, use, downloading or reliance by you or any third party on or of any representation, information, product or service provided on or via this Website, whether in an action of contract, tort (including negligence), property, trust, unjust enrichment or statutory law.
You should not rely on the content of this Website without, where appropriate, first obtaining advice from relevant consultants and professionals.
This Website contains certain content that is provided by third parties, and the opinions expressed on this Website do not necessarily reflect our opinions.
The disclaimers in this Terms of Use are subject both to any agreement between you and Owner which expressly supersedes this Terms of Use, and to any mandatory statutory or common law to the contrary in your jurisdiction or that of Owner.
Indemnity of User
You agree to defend, indemnify and hold us harmless, including our officers, directors, employees and agents, from and against any claims, actions, allegations or demands, including without limitation reasonable legal and accounting fees on a full indemnity basis, arising from or in connection with your use of the material on this Website or your breach of the terms of these Terms of Use. We shall provide notice to you of any such claim, suit or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Third Party Products/Services/Hyperlinks
User Conduct
Derogatory, harmful or unlawful conduct is not permitted on Scholastic Websites. Users are not permitted to upload to, distribute through, or otherwise publish through Scholastic Websites any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, discriminatory, abusive, illegal or otherwise objectionable, or that would constitute or aid and abet a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
As part of the registration process for Scholastic Online you will select a password. You should take care to keep this password confidential. From time to time authorised Scholastic Australia staff may need access to your account using a master password to resolve outstanding issues.
Pricing
With respect to goods and services sold by us online from time to time, some items in our online stores may be incorrectly priced. If we discover an item that you have ordered is incorrectly priced, we may do one of the following:
- If an item's correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item's correct price.
- If an item's correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions on your payment of the difference in amounts. If we become aware of the issue before the item has shipped, or if you do not agree to pay the difference in amounts, we reserve the right to cancel your order and notify you of such cancellation.
Severability
If a provision, or part of it, of these terms and conditions is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these terms and conditions will otherwise remain in full force.
Governing Law
This Terms of Use is governed by the laws of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
Whole Agreement
These Terms of Use sale and any variation expressed in writing represent the whole agreement between the parties relating to the subject matter of these terms and supersedes all oral and written negotiations and communications by and on behalf of either of the parties. You have not, in entering into this Agreement, relied on any warranty, representation or statement, whether oral or written, made or published by us or any of our servants or agents relating to or in connection with the subject matter of this agreement.
Interpretation
In these Terms of Use, unless the subject or context otherwise requires:
Copyright Law means the Australian Copyright Act 1968 (Cth), any policies, regulations, codes or guidelines incorporated by reference therein, and the Common Law pertaining to matters of Copyright within the Commonwealth of Australia%u2019s courts of jurisdiction.
Eligible Teacher means a teacher providing educational instruction whilst in the employment of an educational institution in accordance with the Copyright Act 1968.
Licensor means any third party who may provide products or services under License for us to advertise, promote or provide in connection with this Website
Owner means the owner of Intellectual Property connected with this Website
Scholastic Website includes references to %u2018this Website%u2019 and means the website address of www.scholastic.com.au and all of its associated sub-pages, and any website (including Scholastic Online services) containing the Scholastic Australia name.
Supplier means any third party who may advertise, promote or provide products or services in connection with this Website.
You and similar expressions means you, the person, jointly or severally if more than one, using this Website and/or acquiring or proposing to acquire Goods or Services from Scholastic, and your administrators successors and assigns.
Terms Applying to Orders
All Orders for goods and services sold online are subject to the terms and conditions specified in the order documentation provided by us, and otherwise to the following terms to the extent that they are not inconsistent with the terms in the order documentation:
OFFER & ACCEPTANCE: We shall not be bound by any order given in pursuance of any quotation until it is accepted in writing by us, or by the commencement of supply of goods or the provision of services.
PAYMENT TERMS: Unless you have a separately documented credit arrangement with us, payment is required for 100% of your order upon acceptance of the order by us.
DELIVERY: Any date quoted to you for delivery is an estimate only. We shall not be liable to you for any loss or damage howsoever arising even if arising out of any negligence of ours for failure to deliver on or before the quoted date.
TITLE & RISK: Risk in goods passes to you immediately upon delivery. Notwithstanding the delivery of the goods or part thereof, the goods remain the sole and absolute property of ours as full legal and equitable owner until such time you shall have paid us the full purchase price together with the full price of any other goods the subject of any other contract with us.
FREIGHT: Unless we agree with you that you will collect the Goods, we will arrange for delivery of the goods to the address you nominate on the order, or if you have not nominated a location, then to the address we have for you on file. All costs to us to deliver your order will be passed through and added to the price of your order.
GST: GST has the meaning given in the GST Act. Unless otherwise provided in this Agreement, any moneys payable have been calculated without regard to GST.
Customer Contact
Tel: 1800 021 233 (8.00am to 5.30pm, Monday to Friday)
Email: customer_service@scholastic.com.au
Terms of Use last revised: May 2014.