This legal notice applies to the entire contents of the website under the sole or joint control of Room21 and to any correspondence by email between us and you. Please read these terms carefully before using the website listed here. Use of the website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept accept these terms, do not use this website. These terms and conditions are issued by Room21.

Please note:
These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.

Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or the websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.

The General Terms and Conditions apply to all users of the websites listed below. However, particular services may also be governed by additional or alternative terms of service, which are set out in Additional Terms of these General Terms and Conditions and may also be provided separately, in which case please note that the General Terms and Conditions and any Additional Terms must be read together.

You should print a copy of these Terms and Conditions for future reference.

General Terms and Conditions for all users
These are the Terms and Conditions that apply to use of room21.com.au   and the website from which these Terms and Conditions were accessed from (the “Site“).

Who we are
This Site is brought to you by Room21, PO Box1580, Preston South, Victoria, Melbourne, 3072 and is registered in Victoria under business number 770 402 57813. Mob: 0474079995

References to “we“, “our” and “us” are references to Room21.

The Service
Room21.currently provides users with access to an online service and resources including blog, consultancy services, marketplace and specialist content through its network of Sites (the “Service”). Unless explicitly stated otherwise, any new features of the Service and any Contract, Purchase Contract, Subscription or Scheme (as defined in the Additional Terms) will be subject to these Terms and Conditions.

Member account, password and security
The Internet is not a secure medium. However, Room21 will endeavour to protect all personal information collected through the Site in accordance with strict data protection standards.

The registration processes on the Site may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree to (a) immediately notify Room21 of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Room21 cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Privacy
We are committed to protecting the privacy of members and users of this Site and these Terms and Conditions incorporate our Privacy Policy which describes (amongst other things) how we will use any personal information collected. For more information, please see our full Privacy Policy.

By accessing this Room21 Service, you agree to personal information about you being handled in accordance with:

  • the site privacy policy
  • any policies, directions, statements or agreements on this site
  • these terms and conditions

Your conduct
Our forums, resource bank and any pages of the Site where you are capable of posting material are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. Room21 accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any content placed on our online forums by you or any third party.

You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such Content.

If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and you having to pay compensation to the person or company aggrieved.

You agree to not use the Service to:

  • upload, post, email, PM (personal message) or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory;
  • harm or attempt to harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Room21 consultant , guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • intentionally or unintentionally violate any applicable law or regulation;
  • collect or store personal data about other users;
  • post content which refers to individual schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means; and/or
  • advertise any job vacancies in any area of our forums (other than through a Site which is clearly designated as a recruitment service).

If Room21 determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, Room21 may refuse to accept or may remove any Content from the site, without any liability to you or a third party.

Indemnity
You agree to indemnify, defend and hold Room21 and its consultants, harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable attorneys’ fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our site, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Room21.

Special warning for international use
The site is designed to be compliant with applicable Australian laws and regulations and is intended for use only by users resident in Australia. Due to the global nature of the Internet, users from all over the world may have access to the site, however if you are resident in a country outside of Australia you use the site at your own risk.

Content objections
If you object to the publication of any material placed in our forum, please let us know by contacting us via the Contact Us page. This is the fastest way to notify us and will provide a direct link to the post/message in question.

If you object to anything anywhere else on this site, please let us know by sending an appropriately worded mail to Room21, PO Box 1580, Preston South, Victoria, 3072 Australia, and we will take whatever action we deem appropriate.

General practices regarding use and storage
You acknowledge that Room21 may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that blog postings will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Room21 has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Room21 reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that Room21 reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to the Service
Room21 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Room21 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination
You agree that Room21, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the sites and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Room21 believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Room21’s only remedy and Room21 may take any other action we reasonably deem appropriate in connection with such breach.

Dealing with advertisers, suppliers and merchants
Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. To the fullest extent permitted by applicable law, you agree that: (a) Room21 shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the site, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the site are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.

Links to other websites or resources
The Service provides, or third parties may provide, links to other websites or resources. Because Room21 has no control over these sites and resources, you acknowledge and agree that Room21 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Room21 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Use of Room21 Material
All articles, information and other materials presented on this Site are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Room21. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Site without Room21’s written consent. You acknowledge that, by making use of this Site, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

Room21’s proprietary rights
Room21 consultants are the owners or the licensees of all copyright, trade mark right and/or other intellectual property rights in the Site and the Service (including any Content made available through the Site and/or the Service and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by third party copyrights, trade marks, service marks, patents or other proprietary rights and laws.

“Room21” and “Room21 Education Consultancy Services” are trademarks of Room21. Without Room21’s prior permission, you agree not to display or use in any manner these trademarks.

Use of Room21 Material
Room21 grants you a personal, non-transferable and non-exclusive right and licence to use the Site and the Service for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Site for any purpose not specifically listed in these Terms and Conditions, to compete with Room21, to create derivative works based on the Content of the Site, or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, Room21 may revoke the licence granted to you.

Room21 accepts that in accessing these pages:

  • You may retrieve Room21 material for information only
  • You may save or download a local copy for personal use
  • You may send it to your printer for personal use or to communicate the information to authorised and potential users, but you may not make any charge for such use
  • Any commercial exploitation is expressly prohibited
  • You must clearly acknowledge the source by including the copyright notice in any copy you make.

You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, providing links to, creating derivative works of or otherwise communicating or making available to third parties any part of the Content of this Site or the Service without Room21’s prior written consent.

You acknowledge that, by making use of this Site, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

Copyright Notice
There is no general right for users of copyright material to make digital copies of copyright material. If you wish to load copyright material onto any web pages, specific permission will need to be sought from the copyright owner.

Authors of works are granted copyright protection in Australia as soon as the material expression has been created. There is no legal requirement to register the work.

If the work is created in the course of your employment then the employer will own the copyright.

Disclaimers
You expressly acknowledge and agree that:

  • Your use of the Service is at your sole risk. Room21 has made every effort to ensure that the Content on the Site and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Site and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Sites or through the Service or that use of the Site will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Room21 for any errors, omissions or inaccurate information on the Site or available through the Service.
  • The Content on the Site and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Sites and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Site or the Service as a substitute for proper professional advice
  • Room21 is not responsible for how the Content on the Site or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Site or available through the Service.
  • Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • Unless otherwise stated, the material published within this web site is subject to Australian and international copyright laws and cannot be reproduced in whole or in part without express permission from Room21.
  • No advice or information, whether oral or written, obtained by you from Room21 shall create any warranty or other obligation not expressly stated in these Terms and Conditions.

Confidential Information
You acknowledge that any Confidential Information (as defined below) which you obtain through the entering into of these Terms and Conditions and the use of the Service constitutes the valuable, confidential, proprietary information of Room21 and its licensors, and you agree that during the term of your use of the Service and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorized under these Terms and Conditions or as required by applicable law.

For the purposes of these Terms and Conditions, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Room21, its users and members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site Content belonging to others and other intellectual property.

Limitations of Liability
Room21’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Site and/or any Service shall be limited the greater of: (a) $150 and (b) the price paid by you to Room21 under any Contract during the 3 months preceding the event giving rise to the claim.

You expressly acknowledge and agree that Room21 shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Romm21 has been advised of the possibility of such damage.

Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Room21.

Events outside of our Control
Room21 will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

Room21’s performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.

Complaints
If you have any complaints about the Site, we want to hear from you so we can improve our service. Please contact us and we’ll consider your comments carefully.

General information
These Terms and Conditions (including the Additional terms, the Privacy Policy and guides and rules referred to herein) constitute the entire agreement between you and Room21 and govern your use of the Service, superseding any prior agreements between you and Room21. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Our relationship with you is subject to Australian law and the exclusive jurisdiction of the Australian courts. Any failure by Room21 to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.