1.1.“Agreement” means the respective Subscription Agreement between a Subscriber
and Talk Revolution, including the subscribed Service, the subscription fee, the
subscription period, and the subscription address, as selected or advised by the Subscriber on
the Checkout Page of the Talk Revolution website.
1.2.“Digital Content” includes
1.2.1. the Talk Revolution website
1.2.2. Alcohol Talk, Drug Talk, Eating Disorder Talk, Gender Based
Violence Talk, Period Talk, Sex Talk, Sexuality Talk, and Suicide and
Self Harm Talk
1.2.5. Lesson Plans
1.2.6. PowerPoint slides
1.2.8. Teacher Resource guides
1.2.10. Free Sample or Free Samples
1.3.“Participant” or “Participants” means a School, organisation or other entity, or a
Parent or Guardian, accessing or using a Free Sample, or accessing or using Digital
Content during a trial or otherwise prior to entering in to an Agreement or paying a
1.4.“Period Talk” means both the one-off-purchase version and the subsequent
1.5.“Service” or “Services” means Digital Content, software, and other content and
1.6.“Subscriber”, “you” or “your” means
1.6.1. a School, organisation or other entity
1.6.2. a Parent or Guardian
1.7.“Subscription address” means the location or locations listed in the Agreement at
which the Digital Content may be accessed or used
1.8.“Subscription period”, or “Viewing period” means a period of one year from the date
of the Talk Revolution invoice to the Subscriber for the respective Service, unless
otherwise advised in the Agreement
1.9.“Talk Revolution”, “we”, “us”, or “our” means Talk Revolution Pty Ltd ACN 630 768
1.10. “Talk Revolution website” means: talkrevolution.com.au
2. Digital Content
2.1. The Service may allow you to access or use Digital Content and other content on a
subscription basis for viewing during a subscription period, and in each case is
subject to the limited license below.
Agreement you enter into with Talk Revolution. That Agreement outlines important
information, including limitations on the number of times, or locations at which, or the
period during which, the applicable Digital Content may be downloaded, streamed,
2.3. Subject to payment of any subscription or other fee to access or use Digital Content,
Talk Revolution grants the Subscriber a non-exclusive, non-transferable,
non-sublicensable, limited license, during the applicable subscription period, to
2.4.The playback resolution and quality of the Digital Content you receive will depend on
various factors, including the type of device on which you are accessing the Digital
Content and your bandwidth, which may increase or decrease over the course of
your viewing. While Talk Revolution aims to provide you a high-quality viewing
experience, we make no guarantee as to the resolution or quality of the Digital
Content you will receive when streaming.
2.5.By accessing or using the Service or Digital Content, you may encounter content that
you may find uncomfortable, confronting, or lead to an emotional reaction.
Nevertheless, you agree to use the Service or Digital Content at your sole risk, and
that Talk Revolution has no liability to you for any content.
2.6.You may not (i) transfer, copy or display the Digital Content, except as permitted in
any right to the Digital Content; (iii) remove any proprietary notices or labels on the
Digital Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise
circumvent any digital rights management or other content protection system used as
part of the Service; or (v) use the Service or the Digital Content for any illegal
2.7.You may not use any Service (i) in any way that causes, or is likely to cause, any
Service, or any access to it, to be interrupted, damaged or impaired in any way, (ii) in
any way that may interfere with or harm any other user of a Service; (iii) for
fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv)
3. Use of Services
and the Agreement.
or files downloaded to your computer, phone, tablet or other device, and you agree that if
3.3 Individuals under 18 years of age may use the Service or Digital Content only with the
involvement and supervision of a Subscriber.
website at the time that you use the Services or Digital Content.
3.5 You may at any time cease using any Services, terminate your subscription or the
relevant Service, including in the event of any such change.
3.6 The Service or Digital Content may not be accessed or used by a person or entity other
than the Subscriber listed in the Agreement; nor at an address other than the Subscription
address or addresses listed in the Agreement; except where a person or entity accesses or
uses a Free Sample.
4.1 You represent and warrant that the Subscriber registration information you provide in the
Agreement is complete and accurate.
4.2 We may reject at our sole discretion your application to become a Subscriber.
4.3 If we determine that the information that you provide us is inaccurate, false, incomplete,
or misleading in any way, then at our sole discretion we may terminate your subscription.
5. Free and Paid services
5.1 Certain Services may be provided free of charge, including Free Samples, whilst others
5.2 We reserve the right at our exclusive discretion to vary the mix of free and paid features
offered to Subscribers or Participants and the right to discontinue any free services at any
time of our choosing.
5.3 We may offer eligible Participants various trial or other promotional subscriptions, which
reserve the right, in our sole discretion, to determine a prospective Participant’s eligibility.
Participants may at any time choose not to continue to a paid subscription at the end of any
5.4 By using our Services or Digital Content, Participants agree to be bound by these Terms
of Use, as if the Participant were a Subscriber, notwithstanding that the Participant may not
have entered an Agreement or paid a subscription fee.
6. Passwords and Password Access
6.1 You agree to keep your password confidential and not share it with anyone else unless
permitted in writing by Talk Revolution.
6.2 You are responsible for maintaining the confidentiality of your account and password.
You are responsible for all activities that occur under your account regardless of whether the
activities are authorised by you or undertaken by you, and we are not responsible for
unauthorized access to, or use of, your password or account.
6.3 You should inform us immediately if you have any reason to believe that your password
has become known to anyone else, or if your password is being, or is likely to be, used in a
6.4 You must use your best efforts to ascertain the source and manner of access and let us
know as soon as possible. You agree to cooperate and assist us with any investigation that
we may carry out.
7.1 By using our Services and Digital content, you agree to the terms of the Talk Revolution
8. Restrictions on Content
8.1 All Digital Content on Talk Revolution’s website site is published under licence by Talk
Revolution. The Digital Content posted on this website by Talk Revolution may be retrieved
8.2 You agree to indemnify Talk Revolution and its officers, directors, employees, and
suppliers from and against any and all third-party claims, demands, liabilities, costs, or
expenses, including reasonable legal fees, resulting from your use of any Digital Content in
8.3 Notwithstanding the above, Talk Revolution expressly disclaims any responsibility or
liability for any material communicated by third parties through the Talk Revolution website or
for any claims, damages or losses resulting from the use thereof.
9. Prohibited Conduct
9.1 You may not: (i) use the Service for any activities or post or transmit via the Talk
Revolution website, any information or materials which breach any laws or regulations,
infringe a third party’s rights, or are contrary to any relevant standard or codes; (ii) use the
Service to post or transmit any material which interferes with other users or defames,
harasses, threatens, menaces, offends or restricts any person or which inhibits any user
from using the Service; (iii) use the Service to send unsolicited email messages; (iv) in any
way tamper with, hinder or modify the Digital Content; (v) knowingly transmit any viruses or
other disabling features to or via the Talk Revolution website; or (vi) attempt any of the above
acts or facilitate or assist another person to do any of the above acts.
10. Links from Website
10.1 We may link to third-party websites from the Talk Revolution website; and those
websites may in addition link to other third-party websites.
10.2 You agree to visit any such third-party websites at your sole risk, and that Talk
Revolution has no liability to you for any content on such third-party websites.
10.3 All trademarks, logos, images and content of sites not affiliated with Talk Revolution are
the property of their respective owners.
11. Disclaimer and Liability
11.1 Any rights and remedies conferred on you by the Trade Practices Act and similar State
and Territory Legislation in Australia in relation to goods and services provided by Talk
Revolution which cannot be excluded or restricted, Talk Revolution does not exclude; but
does exclude all other conditions and warranties implied by custom, law or statute.
11.2 Talk Revolution makes no representations or warranties with respect to the Talk
Revolution website site or its Service or Digital Content (including, without limitation, content
communicated by third parties), which are provided on an “as is” and “as available” basis.
Talk Revolution disclaims all warranties and conditions with regard to such information,
products and services, including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and noninfringement.
11.3 Talk Revolution makes no representations nor warranties that the Service or Digital
Content provided will be uninterrupted, error-free, that defects will be corrected, or that the
Talk Revolution website or server that hosts it will be free from computer viruses or other
harmful components. Talk Revolution does not warrant that the information available in the
Service is accurate, complete or current.
11.4 In no event shall Talk Revolution and/or its suppliers or anyone else connected with the
creation or delivery of the Talk Revolution website or Service or Digital Content be liable for
any direct, incidental, or consequential damages such as, but not limited to, loss of
anticipated profits, benefits, use, or data resulting from the use of this site, whether based on
contract, tort (including, but not limited to, negligence), strict liability, or otherwise, even if
Talk Revolution and/or its suppliers have been advised of the possibility of damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
11.5 Talk Revolution makes no representation that the materials provided in the Service are
appropriate or authorised for use in all states , territories, or any other jurisdiction. By
accessing or using the Service or Digital Content you do so on your own initiative and risk
and are responsible for compliance with all applicable local laws.
11.6 Unless otherwise specified in writing, Talk Revolution disclaims, and does not make,
any representation or warranty of any kind in respect of the Services including without
limitation any representation or warranty (i) that they are free of viruses or other harmful
components; (ii) that your use of the Services will be uninterrupted or error-free; or (iii) as to
the suitability or availability of the Services.
11.7 Talk Revolution will not be responsible for: (i) losses arising from the unavailability of, or
your inability to use any Services), (ii) losses that are not directly caused by any breach on
our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings,
data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay
or failure to comply with our obligations under these conditions if the delay or failure arises
from any cause which is beyond our reasonable control. For any other loss relating to any
Services, we limit our liability to the amount you have paid to us for the relevant Service.
12. Copyright and Other Rights
12.1 All Digital Content included in or made available through any Talk Revolution Service,
such as text, graphics, logos, button icons, images, audio clips, digital downloads and data
compilations is the property of Talk Revolution or its content suppliers and is protected by
Australian and international copyright and authors' rights laws and (where applicable)
database right laws.
12.2 Other than to the extent necessary to use any Talk Revolution Service or Digital
Agreement, you may not copy, extract and/or re-utilise any content of any Talk Revolution
Service without our express written consent, including, without limitation, any product listings,
descriptions, prices and account information. In particular, you may not utilise any data
mining, robots, or similar data gathering and extraction tools to extract (whether once or
many times) for re-utilisation any substantial parts of any Talk Revolution Service or Digital
Content, without our express written consent. You may also not create and/or publish your
own database that features substantial parts of any Talk Revolution Service or Digital
Content without our express written consent.
12.3 Graphics, logos, page headers, button icons, scripts, and Digital Content names
included in or made available through any Talk Revolution Service are trademarks of Talk
Revolution. Talk Revolution's trademarks may not be used in connection with any product or
service that is not Talk Revolution's, in any manner that is likely to cause confusion among
customers or in any manner that disparages or discredits Talk Revolution. All other
trademarks not owned by Talk Revolution that appear in any Talk Revolution Service are the
property of their respective owners, who may or may not be affiliated with or connected to
Talk Revolution. You may not frame or use framing techniques to enclose any trademark or
logo (including images and text) of Talk Revolution without our express written consent. You
may not use any meta tags or any other hidden text utilising Talk Revolution's names or
trademarks without our express written consent.
13.1 We may terminate your access to any Service, including any Subscription available as
part of the Service, at our sole discretion without notice (except as may be required by
applicable law). If we do so, we will give you a pro-rated refund of your subscription fee (if
and Talk Revolution may, in its sole discretion, immediately revoke your access to the
Service and Digital Content without refund of any fees. In such event, you must delete all
copies of Digital Content that you have downloaded.
14. Applicable Law
any dispute of any sort that might arise between the parties. Any dispute relating in any way
Queensland. Each party consents to the exclusive jurisdiction and venue in these courts.
Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or
national court of competent jurisdiction for any actual or alleged infringement of such party's,
its affiliates' or any third party's intellectual property or other proprietary rights. The United
Nations Convention on Contracts for the International Sale of Goods, and any local laws
implementing the Convention on Contracts for the International Sale of Goods, do not apply
to this Agreement.
15. Rights not granted
to Talk Revolution.
that term will be deemed severable and will not affect the validity and enforceability of any
be entitled to use our rights and remedies in any other situation where you breach these
Talk Revolution is committed to protecting your privacy when you visit the Talk Revolution website or
informs you of our policies regarding the collection, use and disclosure of personal information
received from users of Talk Revolution Services or Digital Content.
1.1 By using our Services or Digital Content, you agree to be bound by Talk Revolution’s
available on the website at the time that you use the Services or Digital Content.
2. Information Collected
2.1 When Subscribers, Participants, or others browse the Talk Revolution website, our
Webserver may log the following information: server address, domain name, pages
accessed and downloads, previous site visited, type of browser.
3. Use and Disclosure of Information Collected
3.1 Talk Revolution will record your email address if you send us a message or fill in a form
and identify yourself as being a parent or a teacher.
3.2 Any email address supplied will only be used or disclosed for the purpose for which you
have provided it and it will not be passed on to a third party or disclosed for any other
purpose without your consent.
3.3 Users are advised that there are inherent risks transmitting information across the
4.1 To improve your experience on our site, we may use 'cookies'. Cookies are files with a
small amount of data, which may include an anonymous unique identifier. Cookies are sent
to your browser from a web site and stored on your computer to remember your preferences.
however, please note that if you do this you may not be able to use the full functionality of
our Services or Digital Content.
5. Links to Websites
5.1 The Talk Revolution website may contain links to other websites. We are not responsible
for the privacy practices of such other sites. When you visit other websites from our website,
6. Google Analytics
6.1 Our website uses Google Analytics, a service which transmits website traffic data to
Google servers. Google Analytics does not identify individual users or associate your IP
address with any other data held by Google. We use reports provided by Google Analytics to
help us understand website traffic and webpage usage.
6.2 By using our website, you consent to the processing of data about you by Google in the
purposes set out above. You can opt out of Google Analytics if you disable or refuse the
7. Social Media
7.1 Our Services may also use interfaces with social media sites such as Facebook,
LinkedIn, Twitter and others. If you choose to "like" or "share" information from our website
member of a social media site, the interfaces may allow the social media site to connect your
visits to our website with other personal information.
8. Email Communications
8.1 When you use our Services or Digital Content you have agreed to the use of your
personal information for the operation of Talk Revolution and for future email
communications. We may send you email messages about operational matters, new
products and services, newsletters, discounts, special promotions or upcoming events.
8.2 If you would like to opt out of such communications please use the Unsubscribe feature
found at the bottom of all our emails.
8.3 If you would like to change your information or remove it from our list, please contact us.
9. More Information
9.1 More information on Privacy Law and the National Privacy Principles can be obtained
from the Federal Privacy Commissioner at www.privacy.gov.au