School Enews provides schools with an online solution (the "Services") to collect parents and visitors email addresses and to create, send bulk emails.
This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy. The following are the terms and conditions for your school to use School Enews. By completing the Sign Up form on our website, you accept these terms and conditions.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be amended by School Enews, and any guidelines, rules or operating policies that School Enews may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the School Enews web site, or otherwise providing notice to you, School Enews may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. School Enews is also only available to be used by government and non-government schools.
1.3 The Services enable school web sites and school-related sites to sign up website visitors, collect and retrieve visitor sign up data (name and email addresses), and develop and execute email communications with visitors.
1.4 Both the number of email messages sent and the number of KiloBytes of data transferred are metered by School Enews. Normal School Enews accounts allow you to send an unlimited number of email messages. The total KiloByte data transfer of each message can be no more than 8000KB.
1.5 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current and complete information about yourself and your school as requested in the Sign Up form. You are responsible for maintaining the security of your account, passwords, registered users and for all uses of your account and of the Services in your name. If a teacher or other registered user leaves your school, then you are responsible to unregister them immediately from your account. School Enews reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.6 It is understood that School Enews makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
2.2 The Services shall be used for your school purposes only and you shall not use the Services or any Software for timesharing or otherwise for the benefit of a third party. You must use the Services to send home your school newsletter to parents - only when you do so, are you then allowed to use the Services to communicate with other groups / lists of people.
2.3 You acknowledge and agree that the Services and the School Enews company names and logos and all related product and service names, design marks and slogans, are the property of School Enews or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of School Enews. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in School Enews or its third party suppliers, as the case may be.
2.4 You represent, covenant and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless School Enews against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although School Enews has no obligation to monitor the content provided by you or your use of the Services, School Enews may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.6 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to School Enews. School Enews may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
2.7 School Enews will not use any of your subscriber lists (eg. parents email addresses) or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties.
2.8 You will adopt and maintain the Privacy Policy, which may be modified by School Enews from time to time.
2.8 You may not use School Enews to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
2.9 You may not use School Enews to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
3. Termination
3.1 You may terminate this Agreement at any time by sending an email message to info@schoolenews.com.au or by sending written notice to School Enews, PO Box 432, Figtree, NSW, Australia. Correspondence must include your first name, last name, School Enews registered email address, and your account password.
3.2 School Enews may terminate this Agreement or the Services at any time with or without cause, and with or without notice. School Enews shall have no liability to you or any third party because of such termination.
3.3 School Enews may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at School Enews's sole discretion) as inactive, School Enews will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE SCHOOL ENEWS DATABASE.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SCHOOL ENEWS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND SCHOOL ENEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for School Enews to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL School Enews OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SCHOOL ENEWS") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SCHOOL ENEWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SCHOOL ENEWS IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF School Enews TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Export of Services or Technical Data
You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia or any other applicable country.
7. Miscellaneous
7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 School Enews and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind School Enews in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.5 The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.
8. System Requirements
It is understood that in order to use School Enews, a computer with email software or webmail must be used. Additionally, a stable connection to the Internet is required.
9. Compliance rules for sending email
All School Enews customers must follow the rules of the federal CAN-SPAM act and School Enews's Anti-Spam policy when sending email through the service.
This service may not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy. The following are the terms and conditions for your school to use School Enews. By completing the Sign Up form on our website, you accept these terms and conditions.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be amended by School Enews, and any guidelines, rules or operating policies that School Enews may establish and post from time to time (the "Agreement"). By posting updated versions of the Agreement at the School Enews web site, or otherwise providing notice to you, School Enews may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. School Enews is also only available to be used by government and non-government schools.
1.3 The Services enable school web sites and school-related sites to sign up website visitors, collect and retrieve visitor sign up data (name and email addresses), and develop and execute email communications with visitors.
1.4 Both the number of email messages sent and the number of KiloBytes of data transferred are metered by School Enews. Normal School Enews accounts allow you to send an unlimited number of email messages. The total KiloByte data transfer of each message can be no more than 8000KB.
1.5 You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current and complete information about yourself and your school as requested in the Sign Up form. You are responsible for maintaining the security of your account, passwords, registered users and for all uses of your account and of the Services in your name. If a teacher or other registered user leaves your school, then you are responsible to unregister them immediately from your account. School Enews reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.6 It is understood that School Enews makes no guarantee that HTML messages will be rendered properly on all recipients' email programs, due to the wide variety of HTML generation tools available.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
2.2 The Services shall be used for your school purposes only and you shall not use the Services or any Software for timesharing or otherwise for the benefit of a third party. You must use the Services to send home your school newsletter to parents - only when you do so, are you then allowed to use the Services to communicate with other groups / lists of people.
2.3 You acknowledge and agree that the Services and the School Enews company names and logos and all related product and service names, design marks and slogans, are the property of School Enews or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of School Enews. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in School Enews or its third party suppliers, as the case may be.
2.4 You represent, covenant and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless School Enews against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although School Enews has no obligation to monitor the content provided by you or your use of the Services, School Enews may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
2.5 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.6 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to School Enews. School Enews may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.
2.7 School Enews will not use any of your subscriber lists (eg. parents email addresses) or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties.
2.8 You will adopt and maintain the Privacy Policy, which may be modified by School Enews from time to time.
2.8 You may not use School Enews to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.
2.9 You may not use School Enews to send email campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.
3. Termination
3.1 You may terminate this Agreement at any time by sending an email message to info@schoolenews.com.au or by sending written notice to School Enews, PO Box 432, Figtree, NSW, Australia. Correspondence must include your first name, last name, School Enews registered email address, and your account password.
3.2 School Enews may terminate this Agreement or the Services at any time with or without cause, and with or without notice. School Enews shall have no liability to you or any third party because of such termination.
3.3 School Enews may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
3.4 If you do not log into your account for more than 120 days, the account will become inactive. When an account is classified (at School Enews's sole discretion) as inactive, School Enews will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM THE SCHOOL ENEWS DATABASE.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. SCHOOL ENEWS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND SCHOOL ENEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for School Enews to use commercially reasonable efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL School Enews OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "SCHOOL ENEWS") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF SCHOOL ENEWS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, SCHOOL ENEWS IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF School Enews TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6. Export of Services or Technical Data
You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia or any other applicable country.
7. Miscellaneous
7.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 School Enews and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
7.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind School Enews in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
7.5 The Agreement shall be governed by the laws of the State of NSW Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.
8. System Requirements
It is understood that in order to use School Enews, a computer with email software or webmail must be used. Additionally, a stable connection to the Internet is required.
9. Compliance rules for sending email
All School Enews customers must follow the rules of the federal CAN-SPAM act and School Enews's Anti-Spam policy when sending email through the service.