School24 Terms and Conditions of Use

PART A – Parent / Student / User terms

Please read these Terms carefully before creating an Account or using the School24 Platform.

These Terms and Conditions, constitute a contract between you and School24.

By creating an Account, accepting these Terms when prompted, placing or authorising a transaction through the Platform, or continuing to use the Platform after these Terms take effect, you agree to be bound by them. If you are not willing to be bound by the terms of this Agreement, you should not continue with the login and usage of School24.

Where you permit a Student or another person to use a School24 service linked to your Account, including a School24 POS or Kiosk, these Terms also apply to that use to the extent relevant.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.

1. Eligibility and your Account

You must provide accurate, current and complete information when creating and maintaining your Account.

School24 Accounts may be created and used by parents, carers and Students, subject to any eligibility, consent or verification requirements imposed by School24.

Parent and carer Accounts are intended to be operated by adults who have authority to create and manage the Account and, where applicable, place Orders for or authorise use of School24 services by a Student.

Students may also create and operate their own School24 Account using functionality provided by School24.

1.1 Student Accounts and parental responsibility

If a Student is under 18 years of age, it is the responsibility of their parent, carer or legal guardian to determine whether the Student is permitted to create, access or use a School24 Account and to supervise the Student's use of the Platform.

A Student under 18 must not create or use a School24 Account without the permission of their parent, carer or legal guardian where that permission is required by School24 or applicable law.

By permitting a Student to create, access or continue using a School24 Account, the parent, carer or legal guardian accepts responsibility for:

1. (a) the Student's use of the Account and Platform;
2. (b) Orders and transactions authorised or initiated by the Student;
3. (c) managing the Student's access to the Account;
4. (d) ensuring that the Student understands how they are permitted to use the Account;
5. (e) ensuring that any payment method, Account Balance or funds used by the Student are used with appropriate authority;
6. (f) monitoring transactions and activity undertaken through the Student's Account; and
7. (g) notifying School24 promptly if the Student is no longer authorised to use the Account or if unauthorised use is suspected.

School24 is entitled to rely on the information and authorisations provided in connection with a Student Account unless and until School24 is notified that they are incorrect, withdrawn or unauthorised.

To the extent permitted by law, School24 is not responsible for loss arising from a Student's use or misuse of their Account where that use results from a failure by the Student, parent, carer or legal guardian to appropriately supervise the Account, protect Account credentials, control access to payment methods or notify School24 of unauthorised use.

Nothing in this clause excludes or limits any liability or consumer right that cannot lawfully be excluded or limited.

1.2 Student responsibilities

A Student who operates their own Account must:

1. (a) use the Account only for its intended purpose;
2. (b) provide accurate information;
3. (c) keep their login details, passwords, cards, barcodes and other Account credentials secure;
4. (d) only use payment methods or funds that they are authorised to use;
5. (e) not allow another person to use their Account without permission; and
6. (f) notify School24 promptly if they believe their Account or credentials have been compromised.

School24 may suspend, restrict or close a Student Account where we reasonably believe the Account is being used without appropriate authority, has been compromised or is being used contrary to these Terms.

1.3 Account information

You are responsible for keeping the contact and other information associated with your Account current so that School24 can send important information about Orders, transactions, security, your Account and the Platform.

You must not create an Account using another person's identity or contact details without authority.

You must not use another person's payment method, Account Balance or other funds without their authority.

2. Linked Students and authorised use

You may be able to link one or more Students to your Account.

You are responsible for ensuring that information supplied about a Student is accurate and that you have authority to provide that information and use School24 on their behalf.

Depending on the services made available by the relevant Provider, a Student may be able to use a School24 POS, Kiosk, identification card, barcode, account identifier or other authorised method to access services or make purchases linked to your Account.

Where you authorise a Student to access or use services linked to your Account, you are responsible for managing that authority and for taking reasonable steps to ensure the Student uses the service appropriately.

Student information may be shared with the relevant Provider where reasonably necessary to fulfil an Order or provide a School24 service.

For example, a Provider may need to receive a Student's name, school, year group, class, delivery location, account identifier or Order details to fulfil an Order or process a transaction.

Our handling of personal information is further described in the School24 Privacy Policy.

3. Account security and authorised access

You are responsible for taking reasonable steps to keep your Account secure, including keeping passwords, verification codes and other security credentials confidential.

Where School24 provides a Student or User with a card, barcode, identifier or other means of accessing services linked to your Account, you should take reasonable steps to prevent unauthorised use.

You must notify School24 as soon as reasonably practicable if you:

1. (a) believe another person has accessed your Account without permission;
2. (b) believe your password or other security information has been compromised;
3. (c) believe a Student card, barcode or other identifier has been lost, stolen, copied or misused;
4. (d) identify an Order or transaction that you did not authorise; or
5. (e) believe payment information associated with your Account has been used without authority.

Where we reasonably believe an Account or linked access method has been compromised, we may temporarily restrict or suspend access while we investigate or take steps to protect it.

We may require you to verify your identity or change Account credentials before access is restored.

A transaction occurring before you notify us of suspected unauthorised access will not automatically be treated as authorised merely because Account credentials, a Student identifier, card or barcode were used.

We may investigate the circumstances of the transaction, including information available from you, the relevant User, Provider and our payment service providers.

4. Using a POS or Kiosk

A Provider may make School24 POS or Kiosk services available to Students, Parents, Staff or other Users.

Available functionality may differ between Providers and may include:

1. (a) purchasing Goods and Services;
2. (b) accessing an Account Balance;
3. (c) identifying a Student or User;
4. (d) reviewing available products;
5. (e) processing a payment;
6. (f) recording an Order; or
7. (g) other School24 services made available from time to time.

A POS or Kiosk transaction may require a Student or User to identify themselves using an approved method such as a card, barcode, name, account identifier or other authentication method.

You are responsible for ensuring that any spending permissions or access you provide to a Student or other User are suitable for your circumstances.

Providers may also apply reasonable rules to the use of POS or Kiosk services at their premises.

School24 may introduce additional functionality or transaction methods through POS or Kiosk services from time to time.

5. Placing an Order

Providers may specify Order cut-off dates and times.

You are responsible for reviewing an Order before submitting or authorising it, including, where applicable, the selected:

1. (a) Provider;
2. (b) Student or recipient;
3. (c) date;
4. (d) products or services;
5. (e) quantities;
6. (f) options or customisations;
7. (g) delivery or collection information; and
8. (h) total amount payable.

For POS and Kiosk transactions, some of this information may be selected or confirmed directly by the Student or User making the transaction.

Before an Order is confirmed, School24 will display the amounts payable through the relevant interface, including any applicable Service Fee.

An Order is generally treated as submitted when payment has been accepted, the appropriate amount has been deducted from an Account Balance, cash transaction or card/EFTPOS payment or the Platform otherwise records the transaction as completed.

School24 may provide an electronic confirmation by email, App notification, on-screen confirmation, receipt or through your Account.

A Provider may subsequently need to cancel or modify an Order because of circumstances such as unavailable products, changes to an event, school closure or other circumstances affecting fulfilment.

Where this occurs, applicable refunds will be handled in accordance with these Terms and the Australian Consumer Law.

6. Prices of Goods and Services

Prices of Goods and Services displayed through School24 are generally determined by the relevant Provider. School24 does not manufacture the goods sold by Providers.

Providers may change their prices, products, menus, availability and other information from time to time.

The applicable price for an Order is the price presented through the relevant School24 interface when the Order is submitted, subject to correction of an obvious error.

If an obvious pricing or system error is identified before Goods or Services are supplied, School24 or the Provider may contact you to correct or cancel the affected Order.

If an Order is cancelled because of such an error, amounts paid for the cancelled Order will be dealt with in accordance with the refund provisions in these Terms and any rights available under the Australian Consumer Law.

7. School24 Service Fees

School24 may charge a Service Fee in connection with an Order, Top-Up, cancellation or another transaction or service provided through the School24 Platform.

The Service Fee contributes to the operation, support, maintenance, security and ongoing development of the School24 Platform and related services.

7.1 Service Fees may vary

The amount of the Service Fee payable by you may vary.

For Orders, a Service Fee may be applied on a per-Student, per-cart basis. This means that where a single cart contains Orders for more than one Student, a separate Service Fee may apply in respect of each Student included in that cart.

The Service Fee payable by you may also vary depending on factors including:

1. (a) the Module or service being used;
2. (b) the type of transaction;
3. (c) the Provider through which the Order is being placed; and
4. (d) the commercial arrangements in place between School24 and the relevant Provider.

A Provider may contribute towards, subsidise or otherwise have an arrangement with School24 regarding costs associated with use of the Platform.

Those arrangements may affect the Service Fee payable by Users of that Provider.

As a result, Service Fees may differ between schools or Providers and may also differ between different Modules, types or values of transactions.

An arrangement applying to one Provider does not necessarily apply to another Provider.

7.2 Disclosure of the applicable Service Fee

Regardless of how a Service Fee is calculated, the actual Service Fee payable for an Order, Top-Up or other transaction will be displayed before the relevant transaction is confirmed where applicable.

For transactions completed through the App or website, you will have an opportunity to review the Service Fee and total amount payable before proceeding.

For POS or Kiosk transactions, the applicable price and any Service Fee will be displayed or otherwise made available through the relevant transaction interface where applicable.

By confirming or authorising the transaction, you agree to pay the Service Fee displayed for that transaction.

Commercial arrangements between School24 and individual Providers may be confidential. This does not affect School24's obligation to clearly disclose to you the Service Fee and total amount payable for your transaction.

7.3 Service Fees and payment methods

A School24 Service Fee is a fee associated with the provision and use of School24 services.

Where a Service Fee applies to an order, Top-Up or other payment-related service, the fee will be displayed before you confirm that transaction.

School24 will not impose a payment surcharge where that surcharge is prohibited by applicable law, payment network rules or payment service provider arrangements.

8. Account Balance and Top-Ups

School24 may allow you to maintain an Account Balance that can be used to pay for Orders through the Platform, including through the App, website, POS or Kiosk.

You may be able to add funds to your Account using payment methods made available by School24 from time to time.

A fixed Service Fee may apply when you add funds to your School24 Account.

The Service Fee contributes to the operation, support, maintenance, security and ongoing development of the School24 Platform and related services.

The actual Service Fee and total amount payable will be displayed before you authorise the Top-Up.

By proceeding with the Top-Up, you agree to pay the Service Fee displayed for that transaction.

A Service Fee charged on a Top-Up will be refunded or corrected where:

1. (a) it was charged in error; or
2. (b) the Top-Up did not successfully occur and the Service Fee should not have been charged;

Funds will generally become available in your Account once the relevant payment has been successfully received and reconciled.

Different funding methods may take different amounts of time to process.

School24 may establish reasonable minimum or maximum Top-Up amounts or Account Balance limits for operational, fraud-prevention, payment processing or compliance purposes.

9. Payment processing

School24 may use third-party payment service providers to process payments.

The payment methods available may vary according to the particular service, Provider or transaction and may change from time to time.

By providing payment information, you confirm that you have authority to use that payment method.

School24 does not necessarily receive or store complete payment card information used to process transactions.

Payment information may be collected and securely processed directly by our payment service provider.

Your payment provider may separately impose fees, interest, currency conversion charges or other charges under the agreement between you and that provider.

School24 is not responsible for those separate charges.

10. Failed payments and negative balances

Where a payment, Top-Up or transaction is reversed, dishonoured, rejected or otherwise fails after an amount has been credited or an Order has been processed, School24 may reverse the corresponding Account credit.

This may result in a negative Account Balance.

Where this occurs, you remain responsible for amounts properly owing in connection with authorised transactions.

We may temporarily restrict further Orders, POS or Kiosk purchases or Top-Ups until the Account Balance is restored.

We will not charge you costs arising from a failed or disputed transaction except where those costs are lawfully recoverable and were reasonably incurred.

11. Canteen and food Orders

Providers are responsible for preparing and supplying food and beverages ordered through School24. School24 does not manufacture the goods sold by Providers.

Canteen and food Orders may be placed through the App, website, POS, Kiosk or another School24 interface made available by the Provider.

Providers may determine:

1. (a) menu items;
2. (b) pricing;
3. (c) availability;
4. (d) cut-off times;
5. (e) preparation methods;
6. (f) ingredients;
7. (g) allergen information; and
8. (h) delivery or collection arrangements.

School24 does not prepare food and cannot independently verify every ingredient, product description, allergen statement or preparation process supplied by a Provider.

If a Student has an allergy, intolerance or other dietary requirement, you should carefully review information supplied by the Provider and, where necessary, contact the Provider or school directly before ordering.

Where a Student is authorised to make independent POS or Kiosk purchases, you should ensure the Student understands any relevant dietary restrictions.

The absence of an allergen warning on the Platform should not be interpreted as a guarantee that a product is free from a particular allergen unless the Provider expressly states this.

12. Uniform Orders

Uniform products, sizes, prices, stock availability, collection, delivery, exchanges and other product information are generally determined by the relevant Provider.

Uniform Orders may be placed through any School24 interface made available for that purpose.

Provider-specific return or exchange conditions may apply.

Any Provider return or exchange conditions operate in addition to, and do not replace, rights you may have under the Australian Consumer Law.

13. Events, Swim Club, fundraising, catering and other services

Events, tickets, registrations, Swim Club activities, fundraising activities, catering and other services offered through School24 may be subject to additional conditions imposed by the relevant Provider.

These may include:

1. (a) event dates and times;
2. (b) attendance requirements;
3. (c) capacity limits;
4. (d) ticket or registration conditions;
5. (e) Swim Club participation requirements;
6. (f) catering requirements;
7. (g) minimum order requirements;
8. (h) cancellation arrangements; and
9. (i) refund conditions.

Any important Provider-specific conditions made available to you as part of an Order should be reviewed before you submit the Order.

Provider-specific conditions cannot exclude rights that cannot lawfully be excluded under the Australian Consumer Law.

14. Order changes and cancellations

Where the Platform provides a cancellation or amendment function, an Order may be cancelled or changed subject to:

1. (a) the relevant Module;
2. (b) any applicable Provider cut-off time;
3. (c) the status of the Order;
4. (d) whether preparation or fulfilment has commenced; and
5. (e) any Provider-specific conditions disclosed for the Order.

For example, a Canteen Order may cease to be cancellable once the relevant Canteen cut-off time has passed.

Once an applicable cut-off time has passed, preparation, purchasing or fulfilment may already have begun.

Requests to change or cancel an Order after the applicable cut-off time are subject to the agreement of the relevant Provider.

School24 may assist in communicating such a request to the Provider but cannot guarantee that a Provider will agree to a change or cancellation.

Special orders, customised items, catered orders, event registrations, Swim Club registrations and other Orders involving advance commitments or preparation may have different cancellation conditions where those conditions are disclosed in connection with the Order.

POS or Kiosk purchases that are supplied immediately may not be capable of cancellation merely because a User changes their mind.

A Provider may occasionally need to cancel an Order because of circumstances such as:

1. (a) an item becoming unavailable;
2. (b) school closure;
3. (c) an event being cancelled;
4. (d) insufficient stock;
5. (e) operational circumstances;
6. (f) weather;
7. (g) changes to a school activity; or
8. (h) other circumstances affecting fulfilment.

Where a Provider cancels an Order, the amount paid for the order will be credited to your Account Balance less the Service Fee.

15. Cancellation credits and Service Fees

Where an Order is eligible for cancellation and the cancellation is successfully processed, the amount paid for the cancelled Order will be credited to your School24 Account Balance, less the Service Fee paid at the time the Order was placed.

Where an Order is cancelled by the Provider, School24 will credit the value of the cancelled Goods or Services to your School24 Account Balance. The Service Fee paid when the Order was originally placed will not ordinarily be credited or refunded by School24, as the Service Fee relates to the School24 service provided in facilitating and processing the original transaction.

If you believe the Service Fee should also be reimbursed because of the circumstances surrounding a Provider-initiated cancellation, you may raise this directly with the relevant Provider. The Provider may choose to reimburse or otherwise address the Service Fee with you, subject to any arrangements between the Provider and School24.

16. How cancellation credits are provided

Ordinary cancellation credits processed under clause 15 will be credited to the School24 Account Balance associated with the Order.

The credited funds may then be used for future eligible purchases through the School24 Platform.

Cancellation credits are not ordinarily returned to a card or bank account.

Account balances can then be requested to be refunded to an Australian bank account.

17. Partial cancellations

Where School24 or the relevant Provider permits only part of an Order to be cancelled, the value of the cancelled portion will be credited in accordance with the cancellation functionality and conditions applicable to that Order.

The Service Fee will not be returned in accordance with clause 15.

Where a partial refund or adjustment occurs because a Provider cannot supply one or more items rather than because the User requested a cancellation, School24 and the Provider will determine the appropriate credit or refund having regard to the circumstances and any applicable consumer rights.

18. Returns and Faulty, incorrect or unavailable Goods and Services

School24 provides the Platform but does not ordinarily manufacture, prepare or supply the Goods and Services offered by a Provider.

The Provider is responsible for the Goods and Services it supplies, including quality, availability, fulfilment, returns and exchanges.

If Goods or Services are faulty, incorrect or unavailable, you should contact the Provider in the first instance.

School24 may assist by facilitating communication with the Provider, however the resolution of any issue relating to Goods or Services supplied by the Provider is ultimately a matter between you and the Provider.

Where School24 is responsible for the relevant problem, for example, where a technical error in the Platform prevents a valid Order from being correctly transmitted, we will investigate the issue and provide any remedy required by law.

19. Refund of unused Account Balance

You may request closure of your Account and/or refund of an unused Account Balance.

Before processing a refund, School24 may take reasonable steps to:

1. (a) verify your identity;
2. (b) verify ownership of the Account;
3. (c) verify the appropriate refund destination;
4. (d) account for Orders that have already been placed or processed;
5. (e) resolve a negative balance or other amount properly owing; and
6. (f) investigate suspected fraud or unauthorised activity.

Where funds remain held for your benefit and are not subject to an outstanding Order or other lawful restriction, School24 will arrange for the unused balance to be returned within a reasonable period less a $2 service fee.

If funds have already been applied to or transferred in connection with a Provider Order, the refund of those funds may depend upon cancellation or refund of the underlying Order.

Account balances that cannot be returned because School24 cannot locate or identify the Account holder may be dealt with in accordance with applicable unclaimed money or other laws.

Note: Once a Top-Up has been successfully completed and the funds credited to your Account, the Service Fee charged in connection with that Top-Up will not ordinarily be refunded merely because you later decide to withdraw some or all of the unused Account Balance.

20. Processing of credits and refunds

School24 will endeavour to process approved cancellation credits and refunds within a reasonable period.

Account Balance credits may generally appear more quickly than refunds returned through a bank transfer.

Where a refund is returned through a bank, the time taken for the funds to become available may depend on that banks's processing times.

School24 is not responsible for delays caused solely by a financial institution after School24 has successfully processed the refund.

21. Disputed and unauthorised transactions

If you believe a transaction is incorrect or unauthorised, you should contact School24 promptly so that we can investigate.

This includes transactions made through the App, website, POS or Kiosk.

We may request information reasonably necessary to investigate the transaction.

This may include transaction information, confirmation of Account access, information concerning use of a Student card, barcode or identifier, payment information and information held by the relevant Provider or payment service provider.

You are not prevented by these Terms from exercising any chargeback, disputed-payment or other right available to you under law or the rules applying to your payment method.

Where a chargeback or payment dispute creates a negative Account Balance or raises reasonable concerns about fraud or Account security, School24 may temporarily restrict the Account or associated access methods while the matter is investigated.

22. Availability of POS and Kiosk services

POS and Kiosk services may only be available at participating Providers.

The functionality available at a particular Provider may differ depending on the services, hardware, software and configurations used by that Provider.

A Provider may temporarily disable or restrict POS or Kiosk services because of:

1. (a) equipment faults;
2. (b) internet or network outages;
3. (c) maintenance;
4. (d) school operational requirements;
5. (e) payment system availability; or
6. (f) other circumstances affecting the service.

School24 does not guarantee that a particular POS or Kiosk will be available at all times.

23. Service availability

School24 aims to provide a convenient and reliable service.

Like all technology platforms, School24 may occasionally be unavailable or experience interruptions because of:

1. (a) scheduled maintenance;
2. (b) emergency maintenance;
3. (c) software or infrastructure failures;
4. (d) internet or telecommunications outages;
5. (e) POS or Kiosk hardware failures;
6. (f) payment system outages;
7. (g) cyber security incidents;
8. (h) third-party service failures; or
9. (i) events outside our reasonable control.

We do not guarantee that the Platform will be uninterrupted or error-free at all times.

Where reasonably practicable, School24 will work to restore affected services and minimise disruption.

24. Your use of School24

You must not:

1. (a) use School24 for an unlawful purpose;
2. (b) gain or attempt to gain unauthorised access to another Account or restricted area of the Platform;
3. (c) use another person's Student identifier, barcode, card or Account access without authority;
4. (d) interfere with the security, integrity or operation of School24;
5. (e) damage, tamper with or improperly interfere with a School24 POS, Kiosk or related equipment;
6. (f) introduce malicious code, malware or other harmful technology;
7. (g) use automated means to improperly access, scrape or overload the Platform;
8. (h) impersonate another person;
9. (i) use payment details without authority;
10. (j) provide information you know to be materially false or misleading;
11. (k) use School24 to harass, abuse, threaten or harm another person; or
12. (l) attempt to reverse engineer, copy or commercially exploit School24 software.

25. Suspension and restriction of Accounts or access

School24 may temporarily suspend or restrict an Account or associated access method where we reasonably believe this is necessary because:

1. (a) the Account may have been compromised;
2. (b) a Student card, barcode or identifier may have been compromised;
3. (c) unauthorised or fraudulent activity may have occurred;
4. (d) continued access creates a material security risk;
5. (e) there is a material breach of these Terms;
6. (f) there is an outstanding negative balance;
7. (g) use of the Account or access method is unlawful; or
8. (h) we are required to do so by law.

Where reasonably practicable, we will tell you why access has been restricted and what steps may be required to restore it.

Nothing in this clause gives School24 an unrestricted right to retain funds to which you are otherwise legally entitled.

26. Closing your Account

You may request closure of your School24 Account at any time.

Before an Account is closed, outstanding Orders, refunds, disputed transactions or Account balances may need to be resolved.

Closing your Account does not remove obligations relating to transactions validly entered into before closure.

School24 may also close an Account that has been inactive for a prolonged period, provided we take reasonable steps to deal appropriately with any remaining Account Balance and comply with applicable law.

Any Student cards, barcodes, identifiers or other access methods linked to the Account may cease to operate when the Account is closed.

27. Communications

School24 may send you service-related communications by:

1. (a) email;
2. (b) SMS;
3. (c) push notification;
4. (d) messages within the Platform; or
5. (e) notices displayed on the School24 website, App, POS or Kiosk.

Operational communications may include information about:

1. (a) Orders;
2. (b) payments;
3. (c) refunds and cancellation credits;
4. (d) security;
5. (e) Account access;
6. (f) service outages;
7. (g) changes affecting a school or Provider; and
8. (h) changes to these Terms.

Operational communications are different from marketing communications.

Where required, you may opt out of marketing communications without opting out of communications reasonably necessary to administer your Account or provide School24 services.

28. Privacy Policy

School24 handles personal information in accordance with applicable privacy laws and the School24 Privacy Policy.

The Privacy Policy explains matters including what information we collect, how we use and disclose it, how we protect it and how you may request access to or correction of personal information.

The Privacy Policy is available on the School24 website.

By using School24, you acknowledge that personal information may need to be shared with Providers and service providers where reasonably necessary to process Orders, payments and other School24 services.

Information collected through POS or Kiosk transactions may also be associated with an Account or Student where necessary to provide the relevant service.

PART B – Service Provider terms

These Service Provider Terms and Conditions ("Provider Terms") govern the use of the School24 Platform by schools, P&Cs, canteens, uniform shops, event organisers, Swim Clubs, catering providers and other organisations supplying Goods or Services through School24.

These Provider Terms, together with the applicable Commercial Schedule/contract, form the agreement between School24 and the Provider.

By using the School24 Platform as a Provider, you agree to these Provider Terms.

If there is an inconsistency between these Provider Terms and an individually negotiated Commercial Schedule, the Commercial Schedule will prevail to the extent of that inconsistency.

Different Modules or services may be subject to additional conditions identified in the Commercial Schedule.

Any agreement relating to third-party Hardware, including purchase, rental, lease or Hardware-as-a-Service, is separate from this agreement and is entered into directly between the Provider and the relevant third-party.

29. Right to use School24

During the term of the agreement, School24 grants the Provider a limited, non-exclusive and non-transferable right to access and use the Platform for the Provider's authorised business and school-related purposes.

The Provider must use School24 only:

1. (a) for its intended purpose;
2. (b) in accordance with these Provider Terms;
3. (c) in accordance with reasonable School24 procedures and documentation; and
4. (d) in compliance with applicable laws.

No ownership of the School24 Platform, software or intellectual property is transferred to the Provider.

30. Authorised Users and account security

The Provider may nominate employees, volunteers, contractors or other authorised persons to administer its School24 services.

The Provider is responsible for:

1. (a) determining who is authorised to access its administration functions;
2. (b) ensuring each Authorised User has appropriate authority;
3. (c) keeping usernames, passwords and other security credentials secure;
4. (d) promptly removing access when a person is no longer authorised;
5. (e) ensuring Authorised Users comply with these Provider Terms; and
6. (f) promptly notifying School24 of suspected unauthorised access.

The Provider is responsible for actions taken through its authorised administration accounts. School24 may suspend an Authorised User's access where reasonably necessary to protect the Platform, Users or Provider data.

31. Provider responsibilities

The Provider is responsible for the operation of its business and the Goods and Services it offers through School24.

The Provider must:

1. (a) provide accurate and current information;
2. (b) maintain accurate products, menus, prices and availability;
3. (c) monitor and process Orders;
4. (d) fulfil Orders within applicable timeframes;
5. (e) maintain appropriate stock and inventory information where used;
6. (f) manage Provider-specific cut-off times;
7. (g) comply with applicable laws;
8. (h) maintain any licences, registrations or approvals required for its activities;
9. (i) maintain appropriate insurance;
10. (j) ensure its staff and volunteers use School24 appropriately; and
11. (k) promptly notify School24 of issues that may materially affect Users or operation of the Platform.

32. Provider Goods and Services

School24 provides the technology through which Users and Providers interact.

School24 does not ordinarily manufacture, prepare, sell, supply or fulfil the Goods and Services offered by the Provider.

When a User places an Order for Goods or Services offered by the Provider, the arrangement for the supply of those Goods or Services is between the Provider and the User.

The Provider is responsible for:

1. (a) the quality and safety of its Goods and Services;
2. (b) product and service descriptions;
3. (c) availability;
4. (d) preparation;
5. (e) fulfilment;
6. (f) delivery or collection;
7. (g) ingredients and allergen information;
8. (h) compliance with food safety requirements where applicable;
9. (i) product safety;
10. (j) returns and exchanges;
11. (k) Provider-initiated cancellations; and
12. (l) compliance with applicable consumer laws.

School24 may assist Providers and Users by facilitating communication or providing relevant Order information, but does not become the supplier of the Provider's Goods or Services by doing so.

33. Food safety and dietary information

Where the Provider supplies food or beverages, the Provider is responsible for compliance with applicable food safety, preparation, storage, handling, labelling and allergen requirements.

The Provider must take reasonable steps to ensure that ingredient, allergy, dietary and product information entered into School24 is accurate and current.

School24 does not independently verify the ingredients, preparation methods or allergen information provided by the Provider.

The Provider must maintain any registrations, licences or approvals required to prepare or supply food.

34. Provider Content

The Provider is responsible for Content it supplies or publishes through School24.

Content must:

1. (a) be accurate and not misleading;
2. (b) comply with applicable laws;
3. (c) not infringe another person's intellectual property rights;
4. (d) not contain unlawful, offensive, discriminatory or inappropriate material; and
5. (e) only contain Personal Information or images that the Provider is authorised to provide.

The Provider retains ownership of its Content.

The Provider grants School24 a non-exclusive, royalty-free licence to host, reproduce, display, process and use that Content as reasonably necessary to provide and operate the School24 service.

School24 may remove Content that it reasonably believes breaches these Provider Terms, applicable law or the rights of another person.

35. Images and information relating to children

The Provider must not upload or publish photographs, Personal Information or other Content relating to a child unless it has the authority to do so.

Where parental, guardian, school or other consent is required, obtaining that consent is the Provider's responsibility.

School24 may remove Content relating to children where we reasonably believe appropriate consent or authority has not been obtained.

36. Orders and fulfilment

School24 will make Orders available to the Provider through the Platform.

The Provider is responsible for reviewing and fulfilling Orders received through its School24 services.

The Provider should regularly monitor its Orders and ensure that its staff understand the relevant ordering and fulfilment processes.

The Provider remains responsible for fulfilment regardless of whether an Order is received through:

1. (a) the School24 App;
2. (b) the School24 website;
3. (c) Canteen;
4. (d) Uniform;
5. (e) Events;
6. (f) Swim Club;
7. (g) Catering;
8. (h) POS;
9. (i) Kiosk; or
10. (j) another School24 Module.

Where an error in supply is caused by the Provider, the Provider is responsible for resolving the issue with the User.

Where the error is caused by the School24 Platform, School24 will investigate and provide any remedy for which School24 is responsible.

37. Cancellations, refunds and returns

The Provider must comply with the cancellation, refund and return arrangements applicable to Users under the School24 Parent Terms and any additional Provider-specific policies properly disclosed to Users.

Where a User cancels an eligible Order through School24, School24 may process the applicable credit and Service Fee in accordance with the School24 Parent Terms.

Where the Provider cancels an Order, School24 will ordinarily credit the User's School24 Account Balance with the value of the cancelled Goods or Services.

The Service Fee paid by the User in connection with the original Order is a School24 fee and will not ordinarily be refunded or credited by School24 merely because the Provider cancels the Order.

If a User believes the Service Fee should also be reimbursed because of the circumstances of a Provider-initiated cancellation, the User may raise this directly with the Provider.

The Provider may choose to reimburse or otherwise address that Service Fee with the User.

38. Service Fees charged to Users

School24 may charge Users a Service Fee in connection with Orders, Top-Ups, or other School24 services in accordance with the parent terms.

The Provider acknowledges that School24 determines and administers Service Fees charged to Users, subject to any agreed commercial arrangement with the Provider.

39. Provider contribution to Service Fees

School24 and the Provider may agree that the Provider will contribute towards, subsidise or otherwise reduce part of a Service Fee that would otherwise be payable by a User.

Any Provider contribution will be determined by the applicable Commercial Schedule or another written agreement between School24 and the Provider.

School24 may recover an agreed Provider contribution by:

1. (a) deducting it from Provider settlements;
2. (b) invoicing the Provider; or
3. (c) another payment method agreed between the parties.

A commercial arrangement applying to one Provider does not apply to another Provider.

School24 is not required to disclose the confidential commercial arrangements of one Provider to another Provider or User.

40. Pricing

The Provider is responsible for setting the prices of its Goods and Services.

The Provider must ensure that prices supplied to or entered into School24 are:

1. (a) accurate;
2. (b) current;
3. (c) inclusive of GST where required; and
4. (d) compliant with applicable pricing laws.

School24 is not responsible for losses arising from incorrect pricing information supplied or entered by the Provider, except to the extent an error is caused by School24.

If the Provider identifies an incorrect price, it must correct the price promptly and contact School24 if existing Orders may be affected.

41. Provider settlements

School24 will transfer amounts due to the Provider through its regular settlement process.

Unless otherwise agreed, Provider settlements are processed weekly.

A settlement may include:

1. (a) Order revenue;
2. (b) refunds;
3. (c) cancellations;
4. (d) Provider Service Fee contributions;
5. (e) chargebacks;
6. (f) School24 Fees;
7. (g) adjustments; and
8. (h) other agreed amounts.

School24 may provide transaction or settlement reports through the Platform.

The Provider is responsible for reviewing its settlement information and notifying School24 promptly if it believes there is an error.

School24 may correct settlement errors identified by either party.

42. Set-off and deductions

Where the Provider owes an amount to School24 or School24 is entitled to recover an amount under these Provider Terms, School24 may deduct that amount from money otherwise payable to the Provider.

This may include:

1. (a) Fees;
2. (b) refunds funded by the Provider;
3. (c) chargebacks;
4. (d) chargeback administration fees;
5. (e) agreed Service Fee contributions;
6. (f) Provider-funded credits; and
7. (g) corrections of previous overpayments or settlement errors.

Where the Provider's next settlement is insufficient to cover an amount owing, School24 may deduct the remaining amount from a subsequent settlement or invoice the Provider directly.

43. Chargebacks

If a parent, carer or other User initiates a chargeback in relation to an Order placed through School24, the Provider is responsible for the value of that Order.

This applies to Orders placed through any School24 Module or service, including Canteen, Uniform, Events, Swim Club, Catering, POS, Kiosk and any other Order type.

For each chargeback, School24 will deduct from the Provider's next weekly settlement:

1. (a) the full value of the Order subject to the chargeback; and
2. (b) a $35.00 chargeback administration fee.

If the Provider's next weekly settlement is insufficient to cover the Order value and chargeback administration fee, School24 may deduct the remaining amount from a subsequent settlement or invoice the Provider directly.

The Provider must reasonably cooperate with School24 and provide any information requested to assist School24 in responding to or disputing a chargeback.

If a chargeback is successfully reversed and funds are subsequently recovered, School24 will make any corresponding adjustment to the Provider's settlement where appropriate.

44. GST and tax obligations

Unless otherwise stated, Fees payable by the Provider to School24 are exclusive of GST.

The Provider is responsible for determining and meeting its own tax obligations arising from the supply of its Goods and Services.

The Provider is responsible for ensuring that prices of Goods and Services displayed to Users include GST where required by law.

Each party will provide valid tax documentation where required.

45. Student Accounts, cards and identifiers

School24 may allow Students to:

1. (a) have their own Account;
2. (b) use an Account linked to a parent or carer;
3. (c) use a Student identification card;
4. (d) use a barcode or other identifier; or
5. (e) make purchases through POS or Kiosk services.

Where the Provider supplies School24 with Student or identifier information, the Provider must have appropriate authority to do so.

The Provider is responsible for ensuring information it supplies regarding Student identities, cards or identifiers is accurate.

Where the Provider issues or administers physical Student cards, the Provider is responsible for issuing and replacing those cards unless otherwise agreed.

School24 may associate an authorised identifier with a School24 Account to facilitate transactions.

46. POS, Kiosk and other integrated systems

School24 may provide software and integration services that enable the Provider to operate POS, Kiosk, Kitchen Display and other systems through the School24 Platform.

The physical Hardware used with those services is supplied by an independent third-party hardware provider and is not supplied by School24.

The Provider is responsible for:

1. (a) using the Platform and Hardware for their intended purpose;
2. (b) ensuring staff and other users are appropriately authorised;
3. (c) maintaining suitable internet, power and network connectivity unless otherwise agreed;
4. (d) taking reasonable care of Hardware;
5. (e) promptly reporting software or integration issues to School24; and
6. (f) reporting physical Hardware faults, damage or replacement requirements to the relevant third-party hardware provider.

School24 is responsible for supporting the School24 software and its integration with supported Hardware.

47. Third-party Hardware

Hardware used with School24 is supplied by an independent third-party hardware provider.

Any purchase, rental, lease, Hardware-as-a-Service arrangement or other agreement relating to Hardware is entered into directly between the Provider and the relevant third-party hardware provider.

School24 is not a party to that agreement and does not sell, lease, rent or otherwise supply the Hardware.

The third-party hardware provider is responsible for matters relating to the Hardware in accordance with its agreement with the Provider, including where applicable:

1. (a) pricing;
2. (b) supply and delivery;
3. (c) ownership;
4. (d) rental, lease or Hardware-as-a-Service charges;
5. (e) warranties;
6. (f) repairs and maintenance;
7. (g) replacement equipment;
8. (h) loss or damage; and
9. (i) termination or return of Hardware.

The Provider is responsible for reviewing and complying with the third-party hardware provider's terms.

48. Hardware-as-a-Service

Where Hardware is provided under a Hardware-as-a-Service or similar arrangement, that agreement is directly between the Provider and the third-party hardware provider.

School24 is not the lessor, owner or supplier of Hardware under a Hardware-as-a-Service arrangement and is not responsible for the third-party provider's obligations under that agreement.

Any charges, minimum terms, replacement arrangements, warranty conditions, cancellation requirements or return obligations relating to Hardware-as-a-Service are governed by the agreement between the Provider and the third-party hardware provider.

School24 may assist with coordinating implementation or communicating with the hardware provider where appropriate, but doing so does not make School24 a party to the Hardware agreement.

49. Hardware faults, warranties and support

The third-party hardware provider is responsible for Hardware warranties, repairs, replacements and other physical Hardware support in accordance with its agreement with the Provider.

If the Provider reports an issue to School24, School24 may assist in determining whether the issue relates to:

1. (a) the School24 Platform or software;
2. (b) integration between School24 and the Hardware; or
3. (c) the physical Hardware itself.

Where the issue relates to School24 software or integration for which School24 is responsible, School24 will investigate and provide appropriate technical support.

Where the issue relates to the physical Hardware, School24 may assist in facilitating communication with the third-party hardware provider, but the Hardware issue remains subject to the agreement between the Provider and that supplier.

50. Third-party services and infrastructure

The School24 Platform may integrate with third-party Hardware and services, including payment terminals, payment providers, internet services and other technology.

Unless expressly agreed otherwise, School24 is not responsible for:

1. (a) physical Hardware supplied by a third party;
2. (b) Hardware warranty, repair or replacement;
3. (c) the Provider's internet or network;
4. (d) third-party service outages;
5. (e) third-party software or systems;
6. (f) payment terminal faults outside the School24 Platform; or
7. (g) the acts or omissions of an independent third-party supplier.

School24 will reasonably cooperate with the Provider and relevant third party where an issue may involve the integration between the School24 Platform and a supported third-party system.

51. Privacy and Personal Information

Each party must comply with privacy laws applicable to it.

The Provider must only provide Personal Information to School24 where it has appropriate authority to do so.

This includes Personal Information relating to:

1. (a) Students;
2. (b) parents and carers;
3. (c) staff;
4. (d) volunteers; and
5. (e) other Users.

Where required, the Provider is responsible for obtaining any consent, authority or notice necessary for the Provider to collect and disclose that information to School24.

School24 will handle Personal Information in accordance with the School24 Privacy Policy and applicable privacy laws.

The Provider must take reasonable steps to protect Personal Information accessed through School24 from unauthorised use or disclosure.

The Provider must notify School24 promptly if it becomes aware of a suspected privacy or security incident affecting School24 information.

The parties will reasonably cooperate in investigating and responding to a privacy or data-security incident.

52. Confidentiality

Each party must keep the other party's Confidential Information confidential.

Confidential Information may only be used for purposes connected with the agreement.

A party may disclose Confidential Information:

1. (a) to employees, contractors or professional advisers who need the information and are subject to appropriate confidentiality obligations;
2. (b) with the other party's consent; or
3. (c) where required by law.

These obligations continue after termination.

53. Intellectual property

School24 retains all rights in the School24 Platform, software, designs, systems, documentation, branding and related intellectual property.

The Provider retains ownership of its Content, trademarks, logos and other material.

Nothing in these Provider Terms transfers ownership of either party's intellectual property to the other party.

The Provider must not:

1. (a) copy or reproduce School24 software except as required to use the Platform;
2. (b) reverse engineer the Platform;
3. (c) modify School24 software without authority;
4. (d) sublicense access to the Platform; or
5. (e) remove School24 copyright or proprietary notices.

54. Training and support

School24 will provide reasonable implementation information, training and support appropriate to the services agreed with the Provider.

The Provider is responsible for ensuring relevant staff and volunteers receive and follow the information provided.

School24 support may be provided through telephone, email, online support, remote access or other support channels made available from time to time.

Support does not include:

1. (a) physical Hardware repair or replacement;
2. (b) third-party Hardware support;
3. (c) the Provider's internal IT support;
4. (d) the Provider's internet or network support; or
5. (e) extensive custom development,

unless separately agreed in writing.

55. Service availability

School24 will use reasonable commercial efforts to maintain the availability and operation of the Platform.

The Provider acknowledges that technology services may occasionally be unavailable because of:

1. (a) scheduled maintenance;
2. (b) emergency maintenance;
3. (c) internet or telecommunications failures;
4. (d) Hardware faults;
5. (e) third-party service outages;
6. (f) cyber security incidents;
7. (g) payment-system outages; or
8. (h) circumstances outside School24's reasonable control.

Where practicable, School24 will work to restore affected School24 services and minimise disruption.

Any specific service levels agreed with a Provider will be set out in the Commercial Schedule or applicable Service Level Agreement.

56. Provider equipment and connectivity

Unless otherwise agreed, the Provider is responsible for equipment and services required at its premises to access School24, including:

1. (a) internet connectivity;
2. (b) Wi-Fi and internal networks;
3. (c) power;
4. (d) compatible computers or devices; and
5. (e) other local infrastructure.

School24 does not guarantee compatibility with equipment or systems that have not been approved or supported by School24.

57. Marketing and use of names and logos

The Provider may identify itself as using School24.

School24 may identify the Provider as a School24 customer and may use the Provider's name and logo for reasonable customer-list, sales and marketing purposes.

Neither party may imply an endorsement, partnership or relationship beyond the actual relationship between the parties.

If the Provider reasonably requests that School24 stop using its name or logo for promotional purposes, School24 will action that request where appropriate.

Any case study, testimonial or detailed promotional feature specifically about the Provider requires appropriate approval.

58. Licences, approvals and insurance

The Provider must maintain all licences, permits, approvals and registrations required for its activities.

The Provider must maintain insurance appropriate for its activities and risks.

Depending on the nature of the Provider, this may include:

1. (a) public liability insurance;
2. (b) product liability insurance;
3. (c) workers compensation insurance; and
4. (d) other industry-appropriate insurance.

School24 may reasonably request evidence of applicable insurance or licences.

59. Compliance with laws

Each party must comply with laws applicable to its activities under the agreement.

The Provider is specifically responsible for laws applicable to the Goods and Services it supplies, including where relevant:

1. (a) Australian Consumer Law;
2. (b) food safety laws;
3. (c) food standards;
4. (d) product safety laws;
5. (e) workplace laws;
6. (f) privacy laws;
7. (g) fundraising requirements; and
8. (h) laws applying to activities or Events conducted by the Provider.

60. School24 responsibilities

School24 is responsible for providing and operating the School24 Platform in accordance with these Provider Terms.

School24 will:

1. (a) provide the Provider with access to agreed School24 Modules;
2. (b) process and make transaction information available through the Platform;
3. (c) provide reasonable software support;
4. (d) handle Personal Information in accordance with applicable privacy requirements;
5. (e) maintain reasonable security measures;
6. (f) process Provider settlements in accordance with the agreed arrangement; and
7. (g) investigate Platform errors reported by the Provider.

School24 is not responsible for supplying physical Hardware.

School24 does not guarantee that use of the Platform will increase sales, revenue, participation or other business outcomes.

61. Limitation of liability

Nothing in these Provider Terms excludes, restricts or modifies any guarantee, right or liability that cannot lawfully be excluded.

To the extent permitted by law, School24 is not liable for loss arising solely from:

1. (a) the quality, safety or supply of the Provider's Goods or Services;
2. (b) inaccurate Content supplied by the Provider;
3. (c) the Provider's failure to fulfil an Order;
4. (d) the Provider's internet, network, equipment or local systems;
5. (e) physical Hardware supplied by a third party;
6. (f) acts or omissions of a third-party hardware provider;
7. (g) other third-party services outside School24's reasonable control; or
8. (h) misuse of the Platform by the Provider or its Authorised Users.

Neither party will be liable to the other for indirect or consequential loss, loss of profit, loss of opportunity or loss of goodwill except to the extent such liability cannot lawfully be excluded.

Where School24's liability cannot otherwise be excluded, its aggregate liability will be limited to the liability cap specified in the Commercial Schedule or, if none is specified, the Fees paid or payable by the Provider to School24 during the 12 months preceding the event giving rise to the claim, to the extent permitted by law.

This limitation does not apply to fraud, wilful misconduct or liability that cannot lawfully be limited.

62. Indemnity

The Provider indemnifies School24 against loss, liability, claim or reasonable cost to the extent caused by:

1. (a) the Provider's breach of these Provider Terms;
2. (b) the Provider's Goods or Services;
3. (c) personal injury or property damage caused by the Provider's Goods, Services, staff or operations;
4. (d) the Provider's failure to comply with applicable law;
5. (e) Content supplied by the Provider infringing another person's rights;
6. (f) unauthorised disclosure of Personal Information by the Provider; or
7. (g) fraud, wilful misconduct or negligence by the Provider or its personnel.

The Provider's liability under this clause will be reduced to the extent that School24 caused or contributed to the relevant loss.

School24 will be responsible for loss caused by School24's own breach, negligence, fraud or wilful misconduct, subject to the limitations in these Provider Terms and applicable law.

63. Suspension

School24 may temporarily suspend all or part of the Provider's access where reasonably necessary because:

1. (a) there is a material security risk;
2. (b) fraudulent or unlawful activity is suspected;
3. (c) the Provider's use threatens the Platform or other Users;
4. (d) the Provider has materially breached these Provider Terms;
5. (e) Fees or other amounts remain overdue after reasonable notice;
6. (f) continued service may expose School24 or Users to material harm; or
7. (g) School24 is required to do so by law.

Where practicable, School24 will notify the Provider of the suspension and the steps required to restore access.

64. Term and termination

The agreement begins when the Provider accepts the applicable Commercial Schedule or commences using School24 and continues until terminated.

Either party may terminate the agreement by giving the notice specified in the Commercial Schedule.

If the Commercial Schedule does not specify a notice period, either party may terminate by giving 30 days' written notice.

Either party may terminate immediately if the other party:

1. (a) commits a material breach that cannot reasonably be remedied;
2. (b) fails to remedy a material breach within a reasonable period after receiving written notice;
3. (c) becomes insolvent; or
4. (d) engages in unlawful conduct that materially affects the agreement.

School24 may also terminate or suspend a particular Module without terminating the entire agreement where appropriate.

Termination of the School24 agreement does not automatically terminate any separate agreement between the Provider and a third-party hardware provider.

The Provider is responsible for complying with any termination, return or minimum-term obligations under its separate Hardware or Hardware-as-a-Service agreement.

65. Effect of termination

On termination:

1. (a) the Provider's right to use the affected School24 services ends;
2. (b) outstanding Orders should be completed or otherwise resolved;
3. (c) outstanding settlements, Fees, refunds, chargebacks and other adjustments will be reconciled;
4. (d) each party must return or securely dispose of the other's Confidential Information where reasonably required and legally permitted;
5. (e) School24 may retain records required for legal, accounting, security or compliance purposes; and
6. (f) clauses intended by their nature to continue after termination will continue.

Any Hardware supplied by a third-party hardware provider remains subject to the Provider's separate agreement with that third party.

Termination does not affect rights or liabilities that arose before termination.

66. Changes to Modules and functionality

School24 may improve, update, replace or modify the Platform from time to time.

This may include changes to:

1. (a) workflows;
2. (b) interfaces;
3. (c) software;
4. (d) reporting;
5. (e) security;
6. (f) payment functionality;
7. (g) POS and Kiosk functionality; and
8. (h) available Modules.

School24 will not materially remove an agreed paid service during a committed contractual term without reasonable notice or an appropriate alternative, except where necessary for security, legal or technical reasons.

67. New Modules, locations or services

Where the Provider adds a new Module, location, business unit, service area or School24 service, additional Fees or requirements may apply.

School24 will communicate applicable commercial terms before implementing a material additional paid service.

Once accepted, the applicable Commercial Schedule or written variation will form part of the agreement.

Where additional third-party Hardware is required, the Provider may also need to enter into a separate agreement with the relevant hardware provider.

68. Changes to these Provider Terms

School24 may update these Provider Terms from time to time.

Where a change materially affects the Provider's rights or obligations, School24 will provide reasonable notice before the change takes effect.

Changes required because of law, security or urgent technical requirements may take effect sooner where reasonably necessary.

If the Provider does not agree to a material change, it may exercise any termination right available under the agreement.

69. Notices

Formal notices under these Provider Terms may be given by email to the contact details nominated by each party.

The Provider must keep its key business, billing, technical and authorised contact information current.

Operational communications may also be provided through the School24 administration portal or another reasonable electronic method.

70. Relationship between the parties

School24 and the Provider are independent contracting parties.

Nothing in these Provider Terms creates a:

1. (a) partnership;
2. (b) employment relationship;
3. (c) joint venture; or
4. (d) general agency relationship.

School24's role in facilitating Orders, payments, settlements or communication between a User and Provider does not make School24 the supplier of the Provider's Goods or Services.

Neither party may bind the other party to an obligation without authority.

PART C – General terms for all parties

71. Third-party services

School24 relies on third-party services including hosting providers, payment service providers, communications providers, hardware providers and App distribution platforms.

Your use of some third-party services may also be subject to the terms and policies of those providers.

School24 may provide links to external websites for convenience.

We are not responsible for the content or operation of a third-party website merely because School24 provides a link to it.

72. Intellectual property

Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights to you in the School24 Service, Website, Apps, Modules or its contents.

You:

1. (a) acknowledge that School24 owns or has the rights to all Intellectual Property Rights in the App; and
2. (b) will not directly or indirectly do anything that would or might invalidate or put in dispute School24’s rights in the Service, Website, Apps, Modules or its contents.

If any person makes any claim alleging that any of the School24’s rights in the Service, Website, Apps, Modules or its contents (or use of the School24 services) infringes any Intellectual Property Rights or Moral Rights of any person, you must:

1. (a) promptly notify School24 in writing;
2. (b) not make any admissions or take any action in relation to the claim without School24's written consent;
3. (c) permit School24 (and not, to avoid doubt, any App Store Provider) to take responsibility and control over any and all investigations, negotiations, settlement and dispute resolution proceedings relating to the claim; and
4. (d) cooperate with, assist and act at all times in accordance with the reasonable instructions of School24, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.

73. Liability

73.1 Acknowledgment

To the extent permitted by law, School24 is not responsible for loss caused solely by:

1. (a) your failure to comply with these Terms;
2. (b) information you provide that is materially incorrect;
3. (c) your device, internet service or other systems outside School24's control;
4. (d) the independent acts or omissions of a Provider for which School24 is not legally responsible;
5. (e) unauthorised use that occurs because you have failed to take reasonable steps to protect Account credentials or an authorised access method; or
6. (f) events outside School24's reasonable control.

You agree that:

1. (a) To the extent such limitation is permitted by law (including the Australian Consumer Law) School24 is not liable for any special, indirect or consequential damage (including loss of profit, loss of business opportunity or loss of data) arising out of a breach of these terms or otherwise arising out of the supply or use of the Software or the Support Services (whether under statute, at common law, in negligence, under contract or otherwise), even if School24 has been advised of the possibility of such damages.
2. (b) To the extent such limitation is permitted by law (including the Australian Consumer Law), the Licensor’s total liability to you in relation to these terms or otherwise in relation to the supply or use of the Software or the Support Services, (whether arising under statute, at common law, in negligence, under contract or otherwise), will not exceed in aggregate the total amount of $100.

73.2 Limitations

You acknowledge and agree that:

1. (a) you have not relied on any representation, description, illustration or specification which is not expressly stated in this Agreement;
2. (b) School24 is not the supplier of Goods or services and is not liable for any claims in relation to the Goods or services, including their quality, merchantability or fitness for any particular purpose; and/or in relation to a Provider’s advertising or marketing;
3. (c) School24 is not liable if the School24 service is unavailable for any reason;
4. (d) except for those required under any Non-excludable Australian Consumer Law, School24 makes no warranties or representations about the School24 Service or its accuracy, reliability, completeness, currency, or ability to achieve any purpose;
5. (e) School24 is not a bank and does not pay interest on any funds held in your Account and School24 is entitled to any interest earned on funds held on your behalf;
6. (g) School24 is not a party to any dispute between you and the Provider. If you have a dispute with a Provider, you release School24 (and our officers, directors, agents, related companies, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the dispute; and
7. (h) School24 cannot and does not warrant that a Provider will complete any Transaction.

You acknowledge that School24, not any App Store Provider, is responsible for addressing any claims you or a third party may have that relates to the School24 App or your possession and/or use of the School24 App.

74. Changes to School24

School24 may modify, improve, replace or discontinue features of the Platform from time to time.

This may include changes to:

1. (a) the website;
2. (b) mobile applications;
3. (c) POS services;
4. (d) Kiosk services;
5. (e) payment functionality;
6. (f) Student identification methods;
7. (g) Modules; and
8. (h) other School24 services.

We may also introduce new services.

Where a change materially affects your existing rights or obligations, we will provide reasonable notice where required or appropriate.

A change to the Platform will not remove rights you have in relation to an Order already placed or a transaction already completed unless required by law or agreed with you.

75. Changes to Service Fees

School24 may change the way Service Fees are calculated or the amount of a Service Fee from time to time.

This includes Service Fees applicable to:

1. (a) Orders;
2. (b) Top-Ups;
3. (c) cancellations;
4. (d) particular Modules; or
5. (e) other School24 services.

School24 may also enter into or change commercial arrangements with individual Providers, which may result in Service Fees payable by Users of that Provider increasing or decreasing.

Where a general change by School24 will materially affect Users, we will provide reasonable notice before the change takes effect where appropriate.

Provider-specific arrangements may commence or change separately.

Regardless of any pricing change, the actual applicable Service Fee and total amount payable for a transaction will be displayed or otherwise disclosed as required before the transaction is confirmed.

Where a fixed Service Fee applies to a cancellation, the applicable amount will be set out in these Terms or otherwise clearly disclosed before the cancellation is confirmed.

Changes to Service Fees will apply prospectively and will not retrospectively increase the price of an Order or Top-Up that has already been confirmed.

76. Changes to these Terms

School24 may amend these Terms from time to time to reflect:

1. (a) changes to the Platform;
2. (b) new products, Modules or services;
3. (c) changes to fees or commercial arrangements;
4. (d) changes to law or regulatory requirements;
5. (e) security or fraud-prevention requirements; or
6. (f) changes intended to clarify or improve these Terms.

Where a change is material, School24 will provide reasonable notice before or when the updated Terms take effect, depending on the circumstances.

Notice may be given through the School24 App, website or another reasonable electronic method.

We may ask you to expressly accept updated Terms before you continue using some or all School24 services.

The effective date displayed at the beginning of these Terms identifies the version currently in force.

77. Provider-specific conditions

A Provider may impose reasonable conditions specifically relating to the Goods and Services it supplies or the use of School24 services at its premises.

These conditions may be displayed through School24 or otherwise made available by the Provider before an Order is placed.

Provider conditions govern Provider-specific aspects of the relevant Goods, Services or school environment.

These School24 Terms govern use of the School24 Platform and School24's services.

A Provider-specific condition does not override a right under the Australian Consumer Law or another law that cannot be excluded.

78. Complaints and support

If you have a problem with your School24 Account, an Order, cancellation, return, refund, payment, Service Fee, POS or Kiosk transaction or operation of the Platform, please contact School24.

Where your complaint relates primarily to Goods or Services supplied by a Provider, School24 may refer the matter to the Provider or assist you in communicating with them.

We will endeavour to deal with complaints fairly and within a reasonable period.

You may contact School24 at:

Email: info@school24.net.au
Phone: 1300 067 337

Nothing in these Terms prevents you from contacting an applicable consumer protection authority or exercising any other right available to you.

79. GST

Unless stated otherwise, amounts displayed to consumers through School24 include GST where GST is applicable.

80. Assignment

You may not transfer your School24 Account to another person without our approval.

School24 may transfer its rights or obligations under these Terms as part of a genuine corporate restructure, business transfer, sale or similar transaction, provided that doing so does not materially reduce your rights under these Terms.

81. Severability

If any part of these Terms is determined to be invalid, illegal or unenforceable, that provision will be read down to the extent necessary or, if it cannot be read down, severed.

The remainder of the Terms will continue to apply.

82. No waiver

If School24 does not immediately enforce a right under these Terms, that does not mean we have waived that right.

83. Entire agreement

These Terms, together with any Provider-specific conditions expressly incorporated into an Order, constitute the agreement relating to your use of the School24 Platform.

These Terms include School24's parent-facing cancellation, refund and returns policy.

They replace earlier versions of School24's parent terms, refund policies and returns policies from the effective date.

Separate agreements entered into between School24 and Providers, including POS or Kiosk agreements, are not part of these Parent Terms.

84. Governing law

These Terms are governed by the laws of New South Wales, Australia.

You and School24 submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

Nothing in this clause prevents a consumer from exercising a right they may have under applicable consumer legislation in another Australian State or Territory.

85. Contact School24

School24 is operated by:

eDimensions Pty Ltd
ABN 71 135 191 061
Trading as School24

Website: www.school24.net.au
Email: info@school24.net.au
Phone: 1300 067 337

If you have any questions about these Terms, including an Order, cancellation, return or refund, please contact us.