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Terms & Conditions

Last updated 16 November 2025

Ochre Education

The terms “Ochre”, “us” and “we” refer to the owner of the website. ‘Website’ means the Ochre website (URL http://www.ochre.org.au). The term “you” refers to the user or viewer of our website.

Please read and ensure you understand these terms of use prior to using the website. If you continue to browse or use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which we can update at any time without notice:

  • We are continually striving to improve our website and it is being updated all the time. We can change or remove content at any time without notice.
  • The contents of the pages of this website are for your general information and use only.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • You must not use this website in any way or for any purpose that is unlawful, or violates Ochre Education’s rights, or breaches these terms. Unauthorised use of this website may lead to a claim for damages and/or be a criminal offence.
  • This website contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of our website. Reproduction is strictly prohibited, other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • From time to time, this website may also include links to other websites, as well as links to blogs and social media platforms. We provide these links for your convenience. They do not signify that we endorse the website, blog or social media platform and we have no responsibility for the content of the linked websites, blogs and/or social media platforms.
  • Whilst we welcome you linking your own website or organisation to this website (or providing a link to this website in your documentation), you must NOT say your organisation or website is associated with or endorsed by us.
  • Where the lessons and other products which appear on our website are made available under a particular creative commons licence, you may use that content in accordance with the terms of that licence; or
  • Where content does not specify a particular licence, you may use that content in accordance with a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). When you use this material, Ochre requests that you include the following attribution: Ochre Education [YEAR], plus any other attribution that the content already includes.
  • Where content owned by a third-party is not made available under a creative commons or other open licence, you may access and view that content in accordance with the rights statement or conditions of use applied to the content.
  • Where any password(s) have been issued to or created by you, you agree to keep these confidential. If you have reason to believe that a password is no longer secure (for example, in the event of loss or theft), you must promptly notify Ochre of the problem and, where possible, immediately change or arrange for the changing of the password.

Limitation of liability

Ochre has compiled the content in good faith and has endeavoured to ensure that all content is accurate and does not breach any person’s rights at the time of its inclusion. However, the content may contain unintentional errors and is provided ‘as is’ and you use it at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information made available through this website meet your specific requirements.

To the maximum extent lawful, Ochre Education, its directors, employees and suppliers:

  • Exclude all representations and warranties in respect of the website and the content.
  • Are not liable for: any loss or damage however caused resulting from the use or inability to use the website or the content; or any incidental, special or consequential damages of any nature arising from the use of or inability to use the website or the content.

Ochre respects the intellectual property rights of others. If you consider that someone has uploaded content that infringes your intellectual property rights, please contact Ochre.

Changes to terms of use

Ochre reserves the right to change at any time, in its sole discretion, these terms of use for the website. You are responsible for regularly reviewing these terms of use. Your continued use of the website constitutes your agreement to the current version of the terms of use.

Governing law

The law of Victoria, Australia governs these terms of use.

If you have any questions, comments or requests, or require further information, please contact contact@ochre.org.au.

Ochre Annual Subscription

The Ochre web based platform located at www.ochre.org.au (“Platform”) is owned, controlled and operated by [insert entity] [insert ABN] (“we”, “us”, “our”, or “Ochre”).

The terms and conditions set out below (“Terms of Use”) apply to access to the Platform and Use of the Resources by you (the “User”, “you” or “your”). The Platform and Resources are available for you to use conditional on your acceptance of these Terms of Use.

BY ACCESSING OR USING THE PLATFORM OR RESOURCES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD STOP ACCESSING OR USING THE PLATFORM AND RESOURCES IMMEDIATELY.

Ochre reserves the right to amend these Terms of Use at any time. Notice of any amendments will be displayed on the Website and sent to all Users by email. Your continued use of the Platform or Resources following any change(s) to the Terms of Use shall mean that you accept such change(s) and that you will be bound by the Terms of Use as varied.

By accepting these Terms of Use, you also acknowledge that you have read our Privacy Policy available at [insert link] and to the extent permitted by law, you consent to how we collect, handle and use your Personal Information in accordance with our Privacy Policy. Where required, we will provide separate notice and request your consent as referenced in the Privacy Policy.

Any questions about these Terms of Use can be directed to subscription@ochre.org.au.

PLEASE CAREFULLY NOTE BEFORE READING:

  • You must be a User to access and use Resources on the Platform
  • If you are a Consumer, the Resources come with Consumer Guarantees under the ACL.
  • If you are a Consumer, nothing in these Terms of Use (including, without limitation, the disclaimers of liability contained in clause 10 and limitations of liability contained in clause 11) is intended to limit or exclude your Consumer Guarantees.
  • Subject to any rights which you may have as a Consumer or otherwise at law, your use and access of the Platform is provided on an “as is” basis and entirely at your own risk.
  • Your ability to hold Ochre responsible for any loss or damage that you may suffer from accessing or using the Platform may be significantly restricted.
  • You are solely responsible for compliance with all laws and regulations applicable to your use of the Platform and Resources.
  • There are restrictions that apply to your use of the Platform, and there are significant consequences if you do not comply with such restrictions.
  • You may be required to indemnify Ochre for certain loss or damage that we may suffer from your breaching these Terms of Use.
  • We collect, handle and use your Personal Information in accordance with our Privacy Policy.

1. Platform

1.1 These Terms of Use comprises of this document, our Privacy Policy and such other policies that we may introduce or amend from time to time, all of which are incorporated herein by reference. We will give you reasonable notice of a new policy or changes to the Terms of Use by posting on our Website or otherwise notifying you on the Platform. By continuing to access or use the Platform or the Resources, or continuing to maintain a User Account, after we have given notice of an introduction of a policy or variation of these Terms of Use, you agree to continue to be bound by the Terms of Use as varied.

2. Description of Platform and Resources

2.1 Subject to clause 2.2, Ochre operates the Platform. The Platform provides the User with access to the Platform and use of the Resources during the Subscription Term. Users can use the Platform to download Resources and access tools and support.

2.2 Ochre reserves the right to introduce additional functions and services on the Platform and to alter published Resources at any time without notice to Users.

2.3 If you are a Consumer, use of the Platform and Resources comes with Consumer Guarantee under the ACL. If you are a Consumer, nothing in these Terms of Use (including, without limitation, the disclaimers of liability contained in clause 10 and limitations of liability contained in clause 11) is intended to limit or exclude your Consumer Guarantees.

2.4 The User acknowledges and agrees that nothing in these Terms of Use imposes obligations on Ochre to develop or release any new or replacement Resources or new update, upgrades, patches, bug fixes, features, functions, versions or other benefits or any Improvement in respect of the Platform (“Updates”), provided however that if Ochre does develop or release any Updates or new or replacement Resources, it may implement the relevant Updates or new or replacement Resources on the Platform.

2.5 Ochre does not guarantee that the Platform, the Resources, or any related services will be available at all times or without interruption. Access may be suspended, restricted, or terminated at any time, including for maintenance, upgrades, technical issues, or circumstances beyond our reasonable control. To the maximum extent permitted by law, Ochre will not be liable for any Loss or Claim suffered as a result of any unavailability, interruption, or delay in access to the Platform or Resources.

3. Licence to use Platform

3.1 Subject to the terms of these Terms of Use, Ochre agrees to grant you a limited, personal, non-exclusive, non-transferable, conditional and revocable licence to view, access and use the Platform.

3.2 We may terminate the licence provided to you under clause 3.1 when you breach these Terms of Use or for any other reason (in our sole discretion).

4. User Account

4.1 Access to the Platform and Resources may be purchased by:

a. schools (in Australia or internationally);

b. individual teachers (in Australia or internationally); and

c. school systems (for multi-school access).

For school or school system purchases, the purchasing entity must nominate an administrator (“Administrator”). The Administrator will be granted access to a school or system-level administration panel and may invite authorised users to be added to the subscription. Invited users must either have an existing User Account or create a new User Account on the Platform at no additional cost.

4.2 In order to access the Resources via the Platform, each user must register a user account (“User Account”). To register, you must provide a username, password, email address, and any other details reasonably required by Ochre from time to time. Alternatively, you may register using third-party social networking services (such as Google or Facebook) (“Third Party Accounts”). You warrant that you are entitled to disclose your Third Party Account log-in details to Ochre, and that we may access, use, and store content linked to your Third Party Account in accordance with these Terms of Use.

4.3 You must create a unique password to access your User Account. You are solely responsible for maintaining the confidentiality and security of your User Account and Password. You must not allow any other person to use your User Account or Password and must immediately notify Ochre of any actual or suspected unauthorised use.

4.4 You agree that Ochre may send communications (including notices relating to updates to these Terms of Use, the Privacy Policy, or other Platform-related matters) to the email address linked to your User Account.

4.5 Ochre may, at any time and in its sole discretion, refuse to register, suspend, or terminate any User Account, or restrict or remove access to specific functions of the Platform, without prior notice.

4.6 Each User Account is personal to the individual user. User Accounts must not be shared, transferred, or otherwise made available to any other person. Administrators are only permitted to invite users through the designated admin panel in accordance with these Terms. Any unauthorised account sharing or use is a material breach of these Terms and may result in immediate suspension or termination of access without refund.

5. Payments and Subscription Fees

5.1 Subscription Fees are payable upon signing up to the Platform.

d. Credit Card (via Stripe): Payment will be processed immediately. Access to the Resources (“Subscription”) will be granted once payment has been successfully received. You will receive an email from us to your nominated email address once access has been granted. The User will be enrolled in automatic renewal and the User’s nominated credit card will be automatically charged at the commencement of each renewal term in accordance with clause 5.2, unless the Agreement is terminated in accordance with clause 16.

e. Invoice (via Stripe): An invoice will be issued to the User. Access to the Subscription will be granted once payment has been successfully received, which may take up to three (3) working days to process. At the commencement of each renewal term, a further invoice will be issued to the User.

f. Confirmation of Payment: The User will receive an email confirmation once payment has been successfully received and access to the Subscription has been activated.

5.2 Ochre uses the Payment Provider to provide payment processing services to Users when they choose to incur fees using the Platform via credit card (“Payment Processing Services”). All Payment Processing Services under this Terms of Use are provided by our Payment Provider. You agree to be bound by our Payment Provider’s terms and conditions, which include but are not limited to, Stripe's Connected Account Agreement (https://stripe.com/au/connect-account/legal) and Checkout User Terms of Service (which can be viewed at www.stripe.com/au/checkout/legal), and such other relevant agreements from time to time. You agree to provide Ochre accurate and complete information about you when requested (including but not limited to your Payment Methods), and you authorize Ochre to share any such information with Stripe, as well as transaction information related to your use of the Payment Processing Services provided by Stripe.

5.3 Subscription Fees are in Australian Dollars (AUD) and inclusive of all taxes where required by Applicable Law. In addition to the Subscription Fees, the Users’ bank may charge a processing or similar fee which Ochre cannot control and is in no way responsible for (“Bank Fee”). The User agrees to pay all Bank Fees. Ochre is not responsible for the performance of any third party credit card processing or third party payment services.

5.4 Ochre reserves the right to change the Subscription Fees at any time without notice.

6. Subscription Plans

6.1 In consideration for the use of the Resources, Ochre charges an annual fee (“Subscription Fee”) based on a Subscription Tier. The applicable Subscription Tier will be determined using the most recent ACARA My School School Profile enrolment data (”ACARA Data”) available at the time of Initial Term or Further Term. You can view our current Subscription Fees here: www.ochre.org.au/subscriptions/buy

6.2 If you access the Platform as a school and between annual renewal cycles, there is a change in enrolment size (through the ACARA Data) that would result in a different School Tier, Ochre reserves the right to notify you of such change and to adjust the Subscription Fees accordingly for the remainder of the current Subscription Term or for the next Renewal Term (as notified by Ochre).

6.3 The Subscription Term commences on payment of the Annual Subscription (the Subscription Commencement Date) and will continue for the Initial Term, unless terminated earlier in accordance with clause 13.

6.4 At the expiry of the Initial Term, the Subscription Term will automatically renew for a Further Term, unless a party provides no less than thirty (30) days written notice to the other party at any time prior to the expiration of the Initial Term or the then current Further Term (as the case may be) that the Agreement will not be renewed and will instead expire at the end of the Initial Term or that Further Term (as applicable).

6.5 If notice is provided in accordance with clause 6.4 then Ochre will continue to provide the Subscription Services in accordance with this Agreement until the end of the Initial Term or then current Further Term (as the case may be).

6.6 All Subscription Fees are non-refundable. To the maximum extent permitted by law, Users will not be entitled to any refund of Subscription Fees paid, including in circumstances where the User changes their mind, no longer needs the Resources or access to the Platform, chooses to terminate the Agreement early or ceases to use the Resources. In accordance with Australian Consumer Law, you may be entitled to a refund, replacement, or repair if our products or services fail to meet consumer guarantees.

7. Privacy

7.1 When operating the Platform, Ochre will collect, handle and use your Personal Information in accordance with our Privacy Policy [https://ochre.org.au/legal/privacy-policy].

7.2 By registering a User Account, you acknowledge that you have read our Privacy Policy and consent to our collection, use and disclosure of your personal information in accordance with our Privacy Policy.

8. User Conduct

8.1 Your access to, and use of, the Platform and Resources is subject to all conditions specified in these Terms of Use. If you breach any such conditions, we will be entitled to take any reasonable action, including terminating your User Account or taking legal action against you, in our sole discretion.

8.2 You must comply, and are solely responsible for complying, with Applicable Laws. Subject to any law to the contrary, we do not otherwise guarantee or warrant that your proposed or actual use of the Platform and Resources, complies with Applicable Laws that may apply to your activities on the Platform and in connection with the Resources.

8.3 You agree that you will not:

a. Use the Platform and Resources for any purpose that is illegal, unlawful or prohibited by these Terms of Use;

b. Collect or post another person’s data (including Personal Information) through the Platform without that person’s consent;

c. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Platform, Resources or any Content, including (without limitation) through:

1. hacking or use of automated devices, scripts or bots;

2. destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;

3. reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or

4. other illegitimate means;

d. Contact Users of the Services for the purpose of sending unsolicited offers, advertisements, spam, junk e-mails;

e. Contact Users for the purpose defaming, abusing, threatening or defrauding Users;

f. Impersonate any entity or falsely claim an affiliation with any person or entity; or

g. Scrape or otherwise obtain any data from the Platform for any purpose or use any Content to spam third parties.

9. Intellectual Property

9.1 The Intellectual Property subsisting in any aspect of the Platform including without limitation text, graphics, artwork, logos, software, trade marks, designs, copyright, compilations, algorithms, source code, Resources, video recordings and audio recordings, as well as the structure, layout, user interface and “look and feel” of the Platform, (“Platform IP”), is exclusively owned and controlled by Ochre and/or its third party affiliates, licensors and/or licensees, and is protected by Australian and international law governing intellectual property rights. The Platform IP remains Ochre’s exclusive property throughout the world in perpetuity.

9.2 Subject to this Agreement, Ochre grants the User a personal, non-exclusive, worldwide, non-transferable, not-for resale or sub license, restricted licence to access the Platform and Use the Resources only for the Permitted Purpose during the Term.

9.3 Except as permitted pursuant to clause 9.2, you are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Platform IP or Resource unless you have express prior written authorisation from Ochre. Any unauthorised use of Platform IP and Resources by Users is strictly prohibited.

9.4 Subject to the rights granted to Ochre under clause 9.5, you will retain exclusive ownership of any Intellectual Property subsisting in any User Content which you submit or upload to the Platform.

9.5 Notwithstanding clause 9.4, you hereby grant to Ochre a perpetual, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, non-revocable, unlimited, worldwide licence to reproduce, exploit, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any User Content which you share via, or submit or upload to, the Platform, in any and all media, at Ochre’s sole discretion.

10. Consumer Guarantees and Disclaimers

10.1 Where you acquire our Resources as a Consumer, we will provide our Resources to you in accordance with any Consumer Guarantees under the ACL. Nothing in these Terms of Use overrides, excludes, limits or otherwise restricts any Consumer Guarantees applicable to you under the ACL, to the extent that they do, this clause 11.1 will prevail.

10.2 Where you do not acquire our Resources as a Consumer, or clause 13.1 does not apply, then to the extent permitted by law:

a. We do not guarantee or warrant that the Platform or Resources will be suitable or fit for any particular purpose, including the purpose for which they are ordinarily provided;

b. We do not guarantee or warrant that access to and use of the Platform will be uninterrupted and fault-free at all times;

c. We do not guarantee the Platform will be will be compatible with any other computer software, computer hardware or other technology.; and

d. We otherwise exclude any term, condition or warranty that may otherwise be implied into these Terms of Use or otherwise relating to our Resources.

10.3 The Platform may integrate with or host hyperlinks to third party web services, or host third party information or content within the Platform. All third party content hosted on the Platform is the responsibility of its author, and Ochre does not endorse or represent the views or opinions contained therein. Ochre is not responsible for any material contained on third party web services that is hosted on the Platform in any way, and any dealings between you and third parties is your sole responsibility.

11. Liability

11.1 If you are a Consumer, our liability to you for any Loss or Claim suffered as a result of us failing to comply with any Consumer Guarantees in relation to the Resources during the relevant period (“Affected Period”) is limited at our election to the resupply of the Resources for a period equivalent to the period of the breach, or payment of the cost of resupply of the Resources equivalent to Affected Period.

11.2 Subject to clause 10.1 and any liability we may have to you under clause 14.1,and to the extent permitted by law, Ochre and its Representatives exclude, and you hereby release Ochre and its Representatives from, all liability (whether arising under these Terms of Use, tort, negligence, statute or in any other way) for all Loss and Clams of any kind whatsoever directly or indirectly sustained by you in relation to any of the following matters (“Platform Matters”):

a. Your use of, or inability to use, the Platform including accessing the Resources;

b. Any failure by Ochre, its Payment Provider, or other third parties to provide any information, service, feature or functionality via the Platform;

c. Any unauthorized submission of information to the Platform;

d. Use of third-party services in conjunction with the Platform by you;

e. Where you fail to comply with any Applicable Laws when using the Platform or Resources;

f. Where you fail to comply with any Applicable Laws or the Privacy Act when dealing with Personal Information in connection with the Platform; and

g. Anything outside the reasonable control of Ochre including without limitation natural disasters, acts of God, equipment or infrastructure failure, civil riots, war (include cyber attacks), strikes, data breaches, viruses or malicious code.

11.3 To the extent that any limitations of liability contained in these Terms of Use are ineffective or if any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our total aggregate liability to you is capped at the total monies you have paid (subject to deductions for refunds received) via the Platform in the twelve (12) month period prior to the limitation being ineffective or warranty not being able to be excluded.

12. Indemnity

15.1 As a further condition of using the Platform, you must indemnify Ochre against all direct, quantifiable and reasonable Loss suffered by Ochre and/or its Representative (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms of Use, or otherwise from your use of Platform, Resources or the Resources.

13. Termination

13.1 We may terminate or suspend your access to the Platform at any time, at our sole discretion and without notice to you effective immediately if we have reason to believe that you have failed to comply with these Terms of Use. For any other reason, we will give you fourteen (14) days’ prior written notice.

13.2 You may terminate these Terms of Use in accordance with clause 6. If notice is provided then Ochre will continue to provide the Subscription Services in accordance with this Agreement until the end of the Initial Term or then current Further Term (as the case may be).

13.4 Notwithstanding clauses 13.1 to 16.3 Any Personal Information or non-personal statistical information collected under these Terms of Use and the Privacy Policy may continue to be stored, used or disclosed within the scope of the purposes described in the Privacy Policy.

14. Jurisdiction & Choice of Law

14.1 These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principles. Any claim, cause of action or dispute arising out of these Terms of Use will be resolved exclusively in the courts of Victoria, Australia, and where applicable, the Federal Court of Australia or Federal Circuit of Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.

15. Complaints and Dispute Resolution

15.1 Any complaints about Ochre or a disputes with Ochre in relation to these Terms of Use or the Resources (“Dispute”) by a User must first be dealt with in accordance with clauses 15.1 to 15.3, before commencing any court or arbitration proceedings other than for urgent interlocutory relief.

15.2 The User must give Ochre written notice of the dispute adequately identifying and providing details of the Dispute (“Dispute Notice”). Notwithstanding the existence of a Dispute, both parties shall continue to perform their obligations under these Terms of Use.

15.3 If a Dispute is not resolved by agreement within twenty (20) business days of Ochre receiving a Dispute Notice, either party may refer the Dispute to confidential mediation to be conducted by an independent mediator appointed by agreement between the parties, or failing agreement within thirty (30) business days of Ochre receiving the Dispute Notice, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation unless otherwise agreed. The costs of the mediator shall be borne equally between the disputing parties.

16. Miscellaneous

16.1 All prices shown on the Platform are in Australian dollars and inclusive of GST. All prices are subject to change.

16.2 Ochre reserves the right to perform maintenance of the Platform (whereby the functionality of the Platform may not be accessible for a certain period of time) without notice to you.

16.3 We may use subcontractors or other service providers to assist us to provide the Platform and Resources from time to time. However, we will remain responsible to you complying with our obligations under this Agreement.

16.4 From time to time Ochre may run promotions or offer discounts or benefits of any one or more Users subject to additional terms and conditions which shall prevail in the event of any inconsistency over these Terms of Use. We reserve the right to offer, withdraw, change, cancel or determine the eligibility for any such promotions, discounts or benefits.

16.5 If Ochre is involved in a sale, merger or other restructuring, it may need to assign its position under these Terms of Use to a third party, which it will have the right to do so at its sole discretion. Ochre will also have the right to assign its position under these Terms of Use in other circumstances with your written consent. You may assign your position under these Terms of Use to a third party with Ochre’s prior written consent.

16.6 The rights and obligations under these Terms of Use, which by their nature would reasonably continue beyond the expiration of termination of these Terms of Use, will survive the expiration of termination of these Terms of Use. Without limiting the generality of the foregoing, clauses 9, 10, 11 and 12 will survive the termination of these Terms of Use.

16.7 In the event that any one or more of the provisions contained in these Terms of Use would, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms of Use and these Terms of Use shall be construed as if such provisions had never been contained herein.

16.8 The fact that a party fails to do, or delays in doing, something the party is entitled or obligated to do under these Terms of Use, does not amount to a waiver of any obligation of, or breach of obligation by, any other party.

16.9 In these Terms and Conditions, except where the context otherwise requires:

a. The singular includes the plural and vice versa;

b. Words such as including or for example do not limit the meaning of the words preceding them;

c. A reference to a document includes the document as assigned, novated, altered, supplemented or replaced from time to time;

Parties must perform their obligations to Ochre, and we will perform our obligations, on the dates and times fixed by reference to Melbourne, Victoria;

d. A reference to any party to these Terms and Conditions, includes that party’s executors, administrators, successors and permitted assigns and substitutes;

e. A reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

f. A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;

g. A rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it; and

h. An obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally.

16.10 The following definitions apply in these Terms of Use:

“ACL” means the Australian Consumer Law, being Schedule 2 of the Competition and Consumer Act 2010 (Cth)

“Applicable Laws” means any and all applicable laws, statutes, regulations, instruments and by-laws and all other subordinate legislation or orders made by any authority with jurisdiction over the use of the Platform and Resources by Users.

“Claim” mean any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise

“Consumer” means a User who views, accesses and uses the Platform in Australia, and:

a. the amount payable for the Resources does not exceed $40,000;

b. the Resources provided are of a kind ordinarily acquired for personal, domestic or household use or consumption; or

c. is a “Consumer” as defined under the ACL.

“Content” means all content on the Platform including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, URL links, video recordings and audio recordings.

“Data” means the information and data generated by the Platform or made available to the User through the Platform.

“Further Term” means consecutive periods of twelve (12) months commencing immediately after the expiry of the Initial Term or the previous Further Term (as applicable).

“GST” is as defined in GST Act; “GST Act” means A New Tax System (Goods and Services) Act 1999 (Cth); and “GST Laws” means the GST Act and all related subsidiary regulations.

”Initial Term” means the twelve (12) month period which begins from the Subscription Commencement Date or as agreed between the parties in writing.

“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade marks, patents, designs, copyright, trade secrets, computer programs, databases, inventions, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation (July 1967).

“Loss” means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis).

“Payment Provider” means the third party engaged by Ochre from time to time to facilitate payments on the Platform, which is, at the time of writing these Terms, a service known as ‘Stripe’ operated by Stripe Payments Australia Pty Ltd ACN 160 180 343 and/or related companies in Australia or overseas.

“Payment Method” means valid payment details for credit cards/debit cards, or any other payment methods, available from time to time on the Platform.

“Permitted Purpose” means the User accessing the Platform and Using the Resources for personal, non or commercial or commercial educational or teaching purposes.

“Personal Information” means any information or opinion which can reasonably identify an individual.

“Resources” means curriculum resources for schools and teachers made available via the Platform.

“Privacy Act” means the Privacy Act 1988 (Cth) as amended from time to time.

“Privacy Policy” means the Privacy Policy for the Platform as amended or updated from time to time, a copy of which can be found on the following webpage: https://ochre.org.au/legal/privacy-policy

“Representatives” means Ochre’s directors, officers, contractors, employees, consultants, or other affiliates.

“School” means an educational institution registered in Australia that is listed on the Australian Curriculum, Resource and Reporting Authority (ACARA) My School website, and which enters into this Agreement as the contracting party to access and use the Resources.

“Staff” means employees, contractors, or authorised personnel of the School who are granted access to use the Platform under the School’s Subscription Tier.

“Subscription Commencement Date” means:

a. where the User is an individual, the Subscription Commencement Date is the date access to the Platform is first granted to the User by Ochre; and

b. where the User is a school or school system or an authorised user of a school or school system, the Subscription Commencement Date is the date access to the Platform is first granted to the school or school system by Ochre.

“Subscription Fee” and “Subscription Plan” and “Subscription Tier” are defined in clause 6.

“Users” means a user who has registered an account on the Platform.

“User Account” has the meaning provided in clause 4.1.

“User Content” means any Content and/or Data shared via, or submitted or uploaded to, the Platform by a Users.