User Agreement

The following User Agreement details the conditions of use which TeachInABox offers when using our services.

 

1. Definition of Keywords

 

1.1 ‘Buyer’ refers to individuals wanting to purchase teaching resources through TeachInABox;

1.2 ‘Member’ refers to buyers and sellers that have submitted the required information to TeachInABox enabling them to register and become members;

1.3 ‘Seller’ refers to people offering to sell their teaching resources through the service provided;

1.4 ‘Service’ means the service offering provided by TeachInABox, which includes the enablement of sales and purchases of teaching resources;

1.5 ‘TeachInABox’ means the internet based service accessible from the domain www.TeachInABox.com.au and the operator of that domain;

1.6 ‘Teaching Content’ refers to the original downloadable teaching resources produced by the sellers and then offered for sale on TeachInABox;

1.7 ‘User’ refers to anyone purchasing, selling, visiting or browsing on TeachInABox;

1.8 ‘Agreement’ refers to this user agreement;

1.9 ‘Terms’ refers to the user agreement ;

2. Clarification & Explanation

Unless an opposing view is intended:

2.1 When referring to the singular this also comprises of the plural and when referring to the plural this comprises of the singular;

2.2 When referring to a gender this comprises of all additional genders;

2.3 In the instance where a term or phrase is defined, its additional grammatical equivalences have a consistent meaning;

2.4 When discussing or stating a certain person this includes any organisation, enterprise, partnership, company, trust association, government, municipal authority, joint venture and vice versa;

2.5 When referring to a phrase, clause or annexure it is in relation to a phrase, clause or annexure in this User Agreement;

2.6 When referring to an appeal, demand, announcement or notification it refers to one made in writing;

2.7 When referring to any institution or party in this agreement or any other document on the service it includes the institution or party’s beneficiaries, replacements or substitutes.

2.8 When referring to a document it is to the document as revised, modified, edited, amended, adapted or substituted as required and refers to any appendices, agendas, programs or annexures that may apply to that document, excluding any revisions which are deemed unlawful by that document.

2.9 When referring to any form of behaviour, conduct or action it includes any deed, error, depiction, declaration or undertaking either in writing or not;

2.10 When stating or referring to anything after including, includes, include, consists of, consist, consisting of, containing, contain, contains, involves, involve, or involving does not limit the inclusion of anything else mentioned;

2.11 When referring to an individual that includes more than two individuals means those individuals together, mutually and separately;

2.12 The titles / headings are for clarity and simplifying the document and do not influence the understanding or explanation of the agreement;

2.13 When referring to dollars it is exclusively Australian dollars.

3. Description of Service

 

3.1 TeachInABox allows educators to trade lessons and teaching resources online, providing a platform that enables teachers to purchase and sell materials directly to and from each other.

3.2 TeachInABox sole responsibility is to provide the service for teachers to utilise; TeachInABox does not own or sell any teaching resources on behalf of users.

3.3 This user agreement administrates the ability to utilise this service. Whether you are a member that is buying or selling participating in any of the services on TeachInABox or just a visitor browsing through the site this agreement dictates the adequate use of this amenity.

3.4 TeachInABox has sections which are available for public viewing such as the preview pages of items uploaded for sale by teachers, while there are some areas only accessible to members such as the messaging system.

3.5 Whether a member or visitor of this site you agree to the terms of TeachInABox and the rules which govern it.

 

4. Use of the Service

 

4.1 TeachInABox is to be utilised by adults 18 years and over only.

 

5. Service fee, membership payment and pricing

 

5.1 Seller's that wish to sell on TeachInABox need to become a member to do so.

5.2 Seller's that wish to buy on TeachInABox need to become a member.

5.3 There are three membership options for TeachInABox users.

 

5.3.1 Buyers Membership

(a) Users that wish to buy from TeachInABox using the Buyers membership join for free and pay no monthly membership, transaction fees service fees or commission.

5.3.2 Seller Membership

(b) Users that wish to buy and sell on TeachInABox can do so free of charge, TeachInABox will take 15% royalty from every sale made by the user.

5.3.3 Platinum Membership

(c) Users that wish to buy and sell and earn 100% royalty on items sold can do using when then purchase a Platinum Membership. The Platinum Membership comes at a cost of $4.95 a month for users. This Membership carries no insertion fees when placing an item for sale, and no commission is taken on items which are sold.

 

5.4 Pricing of Teaching Content

5.4.1 Educators selling items on TeachInABox are exclusively responsible for setting the price on any items they wish to sell.

5.4.2 TeachInABox adds a 20% automated admin fee onto the price of each item uploaded for sale by TeachInABox members, this fee becomes part of the cost of the item to buyers (referred to as the listing price) once the items is live to customers via Teachinabox. The seller does not pay this admin fee.

5.5 Payment of membership fees to TeachInABox and payment to sellers for sold items

 

5.5.1 TeachInABox will automatically deduct the monthly membership fee from sellers either from your PayPal account or credit card account; you agree to provide the details of these payment platforms in the registration process.

5.5.2 TeachInABox will collect payment from buyers and will then distribute money owed to sellers at the end of each month.

5.5.3 TeachInABox will contact sellers via email and notify them once an item has been sold and payment has been made.

5.5.4 Payment for items sold on TeachInABox by members will be made via PayPal only and will be deposited into each account on the 30th day of each month except for February where payment will be made on the 28th Day.

5.5.5 The money will be deposited into the PayPal account provided in the user’s member profile.

5.5.6 If TeachInABox is unable to debit your credit card or PayPal account and verify its legitimacy, you may incur some delay in utilising the service until these issues have been rectified.

 

5.6 Supplementary Requirements and Responsibilities of Sellers

 

5.6.1 By uploading teaching materials to be sold on TeachInABox, the seller agrees and authorises that
They have the authority and right to sell the item.

5.6.2 The item is precise, up to date, complete and accurate. Neither the listing nor the description is ambiguous, misleading or untrue.

5.6.3 Sellers will not disclose any information or data regarding the interaction and transaction with buyers or other members of the site to any third party unless otherwise authorised. This relates to any information attained through TeachInABox as well as any other users of the service. The only exception is when information is necessary to finalise a transaction on TeachInABox or fulfil user commitments attached to this user agreement.

 

5.7 Conditions for Buyers

 

5.7.1 Users that purchase teaching resources from TeachInABox have 7 days to download the material and save it to their computer before it is no longer available. During this time period you can download the item a total of 5 times before you no longer have access to this document in your TeachInABox ‘purchase summary’.

5.7.2 Buyers agree to pay for items bought on TeachInABox in full once they have followed through with the purchasing process.

5.7.3 Buyers are accountable for the timely payment of all purchases made on TeachInABox.

5.7.4 When users join under the ‘Buyer Membership’ they incur no monthly fee or charges, if they decide they would like to sell items on TeachInABox the they have the ability to upgrade their membership to the ‘Absolute’ which allows users to purchase and sell items for $4.95 a month.

5.7.5 Buyers agree the transfer of teaching resources via the service does not involve the transfer of commercial or promotional rights.

5.7.6 Buyers acknowledge and agree that utilising TeachInABox as a service involves/constitutes acceptance of the user agreement as well as the seller terms of sale acknowledging that any unauthorised use of teaching resources purchased or violation of the user agreement may be an infringement of copyright and other regulations.

 

5.8 Electronic Records and Signatures

Individuals using TeachInABox acknowledge that:

 

5.8.1 Using the service includes the capability to enter into terms and purchase teaching resources electronically.

5.8.2 Through their electronic submissions users agree to oblige by the terms and conditions provided and pay for items purchased on TeachInABox.

5.8.3 They agree to oblige and commit to all electronic submission made using the service, applying to all archives relating to transactions made on TeachInABox, including and not limited to policies, contracts, applications and cancellation notices.

5.8.4 To access or maintain electronic records through use of the service, specific hardware and software may be required and this is the sole responsibility of the user.

 

5.9 Limitations

 

5.9.1 Use of the service between users is solely the responsibility of the users. This includes all interactions between buyers, sellers, members and users involving purchases, sales, payment, downloading of goods and services and all other agreements, conditions, guarantees or representations related to any transactions made.

5.9.2 TeachInABox does not represent any seller, buyer, user or visitor of the service offered in any way and holds no responsibility for any losses incurred as a result of any dealings whilst utilising the service. TeachInABox does not take any responsibility for any occurrences where a user or members

5.9.3 Personally identifiable information is infringed or utilised as a result of transactions made between users.

5.9.4 The collection and utilisation of the personally identifiable information of users occurs with accordance to the privacy policy of TeachInABox.

5.9.5 Disputes or disagreements between any users or members occur with no expectation or responsibility of TeachInABox becoming involved to resolve or mediate any concerns. Users agree that TeachInABox is free and disconnected to any damages, demands or claims whatsoever made in relation to any such dispute between any users or third parties.

 

6.1 Authorisation and Permission Granted to TeachInABox

 

6.1.1 Any user selling an item on TeachInABox retains all copyright associated with the resource being sold. However the seller agrees to grant TeachInABox a commission/royalty fee, continuous, irreversible, non-exclusive, international, sub licensable right to enact any copyright, marketing/advertising and database rights the seller has in the teaching content as required in order for TeachInABox to adequately post the teaching resources and make them available for viewing and purchasing by users.

6.1.2 If a seller chooses to terminate their membership and in doing so removes the resources uploaded for sale then the rights associated with the license granted to TeachInABox above will be considered withdrawn from the time of the cancellation and removal of the items from the service.

 

6.2 Sellers on TeachInABox dictate the rights associated with the uploaded teaching resources.

 

6.2.1 Sellers agree to and represent that:

(a) The teaching resources provided are original pieces of work.

(b) There are no other individuals or parties entitled to any rights associated with the materials uploaded.

6.2.2 The seller has the sole responsibility of informing buyers of the terms and conditions associated with the items sold to buyers.

 

7. Registration Commitments

 

7.1 Users of TeachInABox agree, signify and pledge that they:

 

7.1.1 Are at least 18 years of age or older

7.1.2 Provide factual, up to date, precise and entire information required by TeachInABox when completing the registration form in order to become a registered member as well as;

7.1.3 Maintaining and updating the information when required in order to keep the information factual, up to date, precise and complete at all times.

 

8. Member and visitor conduct and expectations

 

8.1 By agreeing to use the service, members and users acknowledge that they:

 

8.1.1 Need to be a member in order to buy and sell on TeachInABox

8.1.2 Are required to select a user identification name as well as a password.

8.1.3 Are responsible for upholding the confidentiality of their User Identification and password.

8.1.4 Are personally and solely accountable for their conduct including the teaching materials which they choose to upload along with any information submitted, displayed or written on the service. This also applies to other individuals authorised to upload, submit or display any content on TeachInABox under their username.

8.1.5 Will not endeavour to or assist any other individual in the alteration or interruption of any system, security software or any other software or technology associated with the service and the user agreement policy.

8.1.6 Will not post, upload, email, communicate or transfer any information, material or content which is falsified, illegal, damaging, intimidating, insulting, distressing, tortious, derogatory, discourteous, indecent, pornographic, blasphemous, sexually explicit and crude, intrusive of others privacy, detestable or racially, ethnically or religiously offensive.

8.1.7 Will ensure that no material including advertising and marketing materials of any facet is posted, uploaded emailed or communicated to member users or visitors that is unapproved or unauthorized by TeachInABox itself.

8.1.8 Will ensure that no malware, spyware, viruses, worms or malicious codes are transmitted onto the service.

8.1.9 Will ensure that the service is only used for its intended purposes and not for any unlawful or prohibited behaviour.

8.1.10 Will not mimic or imitate any individual or body or corporation.

8.1.11 Will not transfer or communicate any personally identifiable information of any individual to any other user or person unless they have gained the consent of approval of that particular individual.

8.1.12 Will also not communicate or transfer any other material or information that is untrue, distorted or deceiving.

8.1.13 Will not trade, sell or propose to sell any teaching resources that impose on proprietary rights of another individual or body or that violate any rights of privacy or publicity. They will also not trade or sell any items which vilify any person or offer any resources which they do not have any right to distribute under any law or contractual agreement.

8.1.14 Will not distort or impede with any other members listings or teaching resources uploaded onto the service.

8.1.15 Will not market, promote, advertise or sell any unlawful or prohibited products or services which are forbidden or regulated by applicable law.

8.1.16 Will not upload or offer for download any resources, teaching materials or other content that may contain viruses, malware, files, programs or codes intended to disrupt, interfere, terminate or limit the ability of any software, hardware or electronic equipment to function properly.

8.1.17 Will not disrupt the channel of communication and inundate the service with an unwarranted quantity of messages which affects the ability of the service to perform adequately and also impacts on the members and users ability to utilise the service.

8.1.18 Will not utilise deceptive identifiers such as email and IP addresses as well as others to inhibit the origin and source of the teaching material provided.

8.1.18 Will not endeavor to gain unapproved access to the computer systems of TeachInABox via software or any other means as well as any action that interrupts, unsettles, weakens the quality or performance of the service as well as anything that damages the functionality of TeachInABox.

8.1.19 Will not track, pester or hassle any member on TeachInABox or working through the service.

8.1.20 Will not attempt to gather any personally identifiable information of any member or user of TeachInABox for any personal, commercial or illegitimate purposes.

8.1.21 Will not use unauthorised avenues such as automated or electronically controlled means to download data or files without the consent of TeachInABox.

 

9. Unsuitable Resources or Material Posted by Users

 

9.1 When TeachInABox has recognised that there has been a violation of user conduct such as the above mentioned, we will endeavor to use our available resources and efforts to remove the irrelevant content and conduct from TeachInABox.

 

9.2 Users of the Service accept and agree that:

 

9.2.1 TeachInABox is by no means responsible or accountable for any content, data or resources uploaded or posted by users at anytime.

9.2.2 They may be susceptible to any resources, data or content posted or uploaded by other users on TeachInABox.

9.2.3 They also agree that they accept the risks associated with the exposure to any posted materials as well as accepting the exposure to the use of any resources information or content posted by other users. This also includes and not limited to any dependence on the correctness, comprehensiveness or usefulness of such resources, data or content.

9.2.4 TeachInABox has the right to but is not required to monitor or oversee any content posted on the service. Without limitation TeachInABox may confiscate, revise, transfer or close the entire or part of any content, data or resources from or on the service, at any time for any reason, at the discretion of TeachInABox.

 

10. Links to Additional Websites and Resources

 

10.1 TeachInABox may contain links to other websites or resources. TeachInABox has no influence or authority over these external sites or resources.

 

10.2 Users agree that TeachInABox:

10.2.1 Is not accountable for the availability or accuracy of external sites and resources it provides links to.

10.2.2 Is not accountable for or responsible for information, marketing, products and services as well as content available on external sites and resources they provide links to. Users understand that their dependence on the contents or services of an external website or resource is at the users own peril, these users are also accountable and responsible for any consequences resulting from such use or dependence.

 

11. Copyright Policy

TeachInABox acknowledges and prioritises the copyright of others. The copyright policy is available on the home page as well as at the bottom of all pages on the site. Users agreeing to these terms are obliged to acknowledge the copyright policy which is incorporated, associated and bound to these terms.

 

12. Privacy Policy

TeachInABox takes the privacy of its users very seriously and prioritises this area. The privacy policy is available on the home page as well as at the bottom of all pages on the site. Users agreeing to these terms are obliged to acknowledge the privacy policy which is incorporated, associated and bound to these terms.

 

13. Indemnity

Users accepting these terms agree and understand that TeachInABox along with its subsidiaries, affiliates, officers, agents, workforce, associates and licensors are free of any legal responsibility as users indemnify all of the above from any charges, legal responsibilities, demands, liabilities, expenses or tax duties or charges as well as legal fees ascending from any claim made by any third party relating to any of the following:

 

13.1 Teaching Resources;

13.2 Utilisation of the service;

13.3 The breach or supposed breach of this User Agreement including the Copyright Policy and Privacy Policy;

13.4 The breach or supposed breach of any third party intellectual property or proprietary rights;

13.5 The breach or alleged breach of any related laws, regulations, rules or general rights of others;

 

14. Guarantees and disclaimers

 

14.1 Users agree that they utilise TeachInABox as a website and a service at the lone risk of the user.

14.2 Users accepting these terms agree and understand that TeachInABox along with its subsidiaries, affiliates, officers, agents, workforce, associates and licensors disclaim all guarantees, express or implied, in association with this website, the service provided and users access to and the use of the service. This includes any indirect guarantee of merchantability, title, non-infringement, or any indirect guarantee ascending from course of dealing or usage of trade.

14.3 TeachInABox does not represent any individual user and is not liable for any actions of users, and make no guarantees regarding their credibility or validity and that they will perform as pledged about the honesty, accuracy or completeness of the content provided on the service or any sites linked to TeachInABox. This also applies to the accessibility, quality, legitimacy, functionality, pricing, delivery, protection, safety or features, of any products, content and teaching resources without any omission which is posted for sale or any product description or product literature.

14.4 TeachInABox applies no guarantee that the products sold on the site or the content posted on the service are customised for any particular purpose or task or will be specific in purpose to fit the necessities of any particular user and in saying this TeachInABox accepts no liability for;

14.4.1 Any faults, inaccuracies, or errors in any of the content supplied to the service;

14.4.2 Any individual injury or damage of any material goods, in any form or manner of any kind resulting from access to and use of the service.

14.4.3 Any unapproved access to or usage of our internal systems or servers as well as any or all private or financial information stored within;

14.4.4 Any disruption or termination to and from the service;

14.4.5 Any damaging or detrimental code or virus which may be transferred to or through TeachInABox by any third party;

14.4.6 Any faults, exclusions or oversights in any teaching resources posted on the service;

14.4.7 Any cost or damage whatsoever incurred as a result of any teaching resource sold, emailed, communicated, or otherwise accessible through the service.

 

14.5 TeachInABox does not authorise, recommend, pledge or accept responsibility for any product or service promoted, advertised or offered by a third party through the TeachInABox or any website hyperlinked or presented in any banner or other promotion. TeachInABox is also not accountable or a mediating party in anyway involving transactions between users and external parties providing any goods or services. TeachInABox is by no means liable or obliged to observe or monitor any transactions between third parties and users/members/buyers or seller.

 

14.6 TeachInABox is not liable for any injuries, harm or claims as a result of:

14.6.1 Members or users communicating with other members or users.

14.6.2 Dealings or transactions completed outside the service, including any contact with or transactions made with other users or non-users which may initiate through the service but are finalised offline or outside the service.

 

15. Limitation of liability

 

15.1 Users acknowledge and agree that TeachInABox along with its, associates, partners, representatives, managers, executives, administrators, directors and employees will not be liable to users for any damages, costs or injuries that are caused directly, indirectly or incidental, standard or consequential, under extraordinary circumstances and not restricted to:

15.1.1 Costs for loss of revenue, goodwill, status, data or other physical losses, resulting from the access to or the use or the inability to use the service;

15.1.2 The cost of the acquisition of additional goods or services as a consequence of buying any teaching resources from TeachInABox, or as a result of any communication with other users, transactions which have taken place or messages and interactions which have occurred through, from or external to the service.;

15.1.3 Unapproved or illegal admission or modification to your communication or overall records and data whilst using the service;

15.1.4 Announcements and declarations of any external or third parties utilising the service or any additional matter pertaining to the service;

15.2 Wherever the liability and legal responsibility of TeachInABox cannot be restricted in agreement with and relating to paragraph 20.1 the liability of TeachInABox to Users or any third party shall be limited to the lesser of:

15.2.1 The overall quantities paid by users to TeachInABox during the 12 months preceding to the claim or the act suspected of giving rise to such liability; or

15.2.2 $60.00

 

16. Cessation of Use

 

16.1 TeachInABox retains and possesses the right to interrupt, terminate or utilise any action it sees necessary, applicable or rational with regards to a member’s subscription or account. TeachInABox retains the right to do so without the previous notification of any member and may do so for whatever reason deemed necessary and at no risk of sustaining any accountability or liability of any kind.

16.2 If TeachInABox chooses to cancel a member’s account then the ability and right of the user to utilise the service will immediately cease.

16.3 Users have the right to cancel their TeachInABox membership at any period and for any motive, measures have been provided in order for users to able to terminate their account through the service at any time.

16.4 All requirements attached the terms of the user agreement, privacy and copyright policy will continue in their entirety after a member’s account has been terminated , this includes and is not limited to the ownership requirements, licenses, guarantee disclaimers, protection and restrictions of liability.

 

17. Miscellaneous Requirements

 

17.1 Imitation Prohibited

Teaching resources from TeachInABox are under no circumstances unless as otherwise stipulated in the user agreement to be imitated, duplicated, reprinted and distributed, uploaded, displayed or communicated and this also applies to the alteration or adjustment of items and resale without permission. See copyright policy for more information.

17.2 Complete Terms

The user agreement comprising of the privacy policy along with the copyright policy are integrated to make up the entire user agreement which governs the use of TeachInABox by users.

17.3 Not a Representative

TeachInABox is by no means the go-between, middle-man or representative of any users buying or selling, TeachInABox is solely a service supplier that enables members and users to connect and trade (buy and sell) teaching resources with one another.

17.4 Waiver and Severability

17.4.1 If TeachInABox for any reason does not administer or follow through with any provision or right explained / provided in the user agreement then this not does not establish a renunciation or abandonment of such a right or provision.

17.4.2 Should any provision of the terms put forward in the user agreement be deemed prohibited, invalid or inapplicable for any reason, then that provision will be considered detached from the user agreement and shall not impact on the legitimacy, implementation and application of the remaining provisions. The detached provision will be modified in order for to allow its original purpose to be adequately and legally imposed.

17.5 Announcements and Notifications

TeachInABox may possibly provide users of the service with notices, including and not limited to variations regarding the user agreement and various other service associated announcements through notices publicised on the site as well as communication via email.

 

17.6 Future Adjustments and Amendments of Terms of Service

TeachInABox asserts the right to amend or alter the User Agreement at any period in time, by placing the revised terms on the TeachInABox website. Users continuing to use the service indicate that they accept the revised User Agreement, however if you decline to agree to the amended terms then you can cease to use the service immediately and discontinue access to the site.

17.7 Future Variations in the Service

TeachInABox is entitled at any time to revise, interrupt, suspend or withdraw supplying the service or certain aspects of the service to its users and may do so with or without prior notice. TeachInABox holds no responsibility or liability in the case of a revision, interruption, suspension or withdrawal of the service provided.

 

18. Goods and Services Tax

 

18.1 Users of the service agree that they are absolutely and solely liable and accountable for any GST that may apply to any sales finalised through the use of the service.

18.2 The sum owed for any taxable amount completed through or in agreement with these terms and User Agreement is exclusive of GST.

18.3 The sum owed for any taxable amount completed through or in agreement with these terms and User Agreement shall be increased by the percentage of GST enforced by law and regulation.

18.4 Any sellers residing in any country outside of Australia are not obliged to add GST to their items which are being offered for sale; an exemption to this applies if the seller has a permanent business franchise or other enterprise base in Australia in which case GST is to be added if they qualify for this under legislation.

18.5 Tax Invoice

Any enterprise or persons involved in a taxable supply in agreement with these terms must supply the persons receiving the taxable supply with a tax invoice.

18.6 ABN

When a seller has exceeded sales that amount to $20,000 or over in a single year than that information will be available to the Australian Taxation Office and you will be required to apply for an ABN if you have not already got one. You do not require a separate ABN if you already have one.

18.6.1 You will be notified by TeachInABox if your earnings are closing in on $20,000 in a single year and you have not already registered your ABN details with the service.

18.6.2 An ABN is not required by international sellers.

18.6.3 Users are solely and exclusively responsible for any legal responsibility relating to obtaining an ABN and all the regulations which are associated with it, including all taxable responsibilities.

18.7 Interpretation

The language in this section is in coordination

 

19. Overall

 

19.1 Governing Law

This User Agreement is governed by the laws and regulations of New South Wales and the Commonwealth of Australia.

19.2 Jurisdiction

The relevant individuals or parties submit to the authority of the courts of New South Wales and the Commonwealth of Australia. Any course of action taken in the Federal Court of Australia is required to be established in the New South Wales District Registry.
19.3 Connection

This User Agreement does not develop any connection or relationship of principal and representative, business and operative, partnership or joint venture between relevant individuals or groups except if stated so in this Agreement.

19.4 Severance

Any aspect of the User Agreement which is deemed unacceptable, unlawful, illegitimate or unable to be enforced is to be read down to the degree necessary for it to be deemed invalid and remove the effect entirely. Where this is unattainable the provision is required to be omitted from the agreement but only to the point needed to evade that effect. The remaining provisions of the User Agreement continue to be valid, legal, binding and enforceable.