Terms & Privacy | Talk Revolution

1. Definitions

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

1.2.3. Activities

1.2.4. Animations

1.2.5. Lesson Plans

1.2.6. PowerPoint slides

1.2.7. Surveys

1.2.8. Teacher Resource guides

1.2.9. Videos

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

subscription fee

1.4.“Period Talk” means both the one-off-purchase version and the subsequent

subscription version

1.5.“Service” or “Services” means Digital Content, software, and other content and

services offered by Talk Revolution as provided in these Terms of Use and the

Agreement

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

964

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.

2.2.Your access to, or use of, Digital Content is subject to these Terms of Use and to the

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,

and viewed.

2.3. Subject to payment of any subscription or other fee to access or use Digital Content,

and to your compliance with all terms of these Terms of Use and the Agreement,

Talk Revolution grants the Subscriber a non-exclusive, non-transferable,

non-sublicensable, limited license, during the applicable subscription period, to

access and view the Digital Content in accordance with these Terms of Use and the

Agreement.

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

these Terms of Use and the Agreement; (ii) sell, rent, lease, distribute, or broadcast

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

purpose.

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)

in any manner that is not permitted under these Terms of Use and the Agreement.

3. Use of Services

3.1 By using our Services or Digital Content, you agree to be bound by these Terms of Use

and the Agreement.

3.2 These Terms of Use apply and the Agreement applies to Services that may be software

or files downloaded to your computer, phone, tablet or other device, and you agree that if

there are updates to the Digital Content you agree that these Terms of Use will apply to such

updates.

3.3 Individuals under 18 years of age may use the Service or Digital Content only with the

involvement and supervision of a Subscriber.

3.4 We reserve the right to make changes to these Terms of Use at any time by posting the

changes on our website. You will be subject to the Terms of Use made available on the

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. Registration

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

require payment.

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

are subject to these Terms of Use, except as otherwise stated in the promotional offers. We

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

trial period.

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

manner in contravention of these Terms of Use or of the Agreement.

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. Privacy

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

solely for the purpose as described in these Terms of Use and the Agreement .

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

violation of these Terms of Use or of the Agreement.

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

Content for its permitted purpose and in accordance with these Terms of Use and the

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. Termination

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

any).

13.2 However, if you violate any of these Terms of Use or of the Agreement, your rights

under these Terms of Use and the Agreement will automatically terminate without notice,

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.

13.3 In the event of termination, all restrictions imposed on you by these Terms of Use and

the Agreement and all limitations of liability set out in these Terms of Use will survive.

14. Applicable Law

14.1 The laws of Queensland, Australia govern these Terms of Use and the Agreement and

any dispute of any sort that might arise between the parties. Any dispute relating in any way

to these Terms of Use and the Agreement will only be adjudicated in the courts of

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

15.1 Any rights not expressly granted in these Terms of Use or the Agreement are reserved

to Talk Revolution.

16 Severability

16.1 If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable,

that term will be deemed severable and will not affect the validity and enforceability of any

remaining term.

17. Waiver

17.1 If you breach these Terms of Use or the Agreement and we take no action, we will still

be entitled to use our rights and remedies in any other situation where you breach these

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Talk Revolution is committed to protecting your privacy when you visit the Talk Revolution website or

use our electronic services such as product registration or technical support. This Privacy Policy

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. Terms of Use

1.1 By using our Services or Digital Content, you agree to be bound by Talk Revolution’s

1.2 We reserve the right to make changes to this Privacy Policy at any time by posting the

changes on the Talk Revolution website. You will be subject to this Privacy Policy made

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

Internet.

4. Cookies

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.

You may refuse the use of cookies by selecting the appropriate settings on your browser,

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,

we recommend you read their privacy policy.

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

manner described in Google’s Privacy Policy available on Google’s website and for the

purposes set out above. You can opt out of Google Analytics if you disable or refuse the

cookie, disable JavaScript, or use the opt out service provided on Google’s website.

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

through these services, you should review the privacy policy of that service. If you are a

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

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