Evolve Education – WEBSITE TERMS AND CONDITIONS
(a) These terms and conditions (Terms) apply when you use this website,
(b) You agree to be bound by these Terms which form a binding contractual agreement
between you and us, Evolve Education – ABN 99129108059 (Evolve Education,
our, we or us ) .
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and
your continued use of the Website following such an update will represent an agreement by
you to be bound by the Terms as amended.
2. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws,
and must ensure that your employees, sub-contractors and any other agents who use or
access the Website comply with the Terms and any applicable laws.
3. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any
part or aspect of the Website without the express consent of Evolve Education;
(b) use the Website for any purpose other than the purposes of browsing, selecting or
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates
illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create
undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Evolve Education,
including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal
functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
4. INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date
and accurate as possible, you acknowledge and agree that we do not (to the maximum
extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating
the Website at any time without notice, including product descriptions, prices and other
The Website is hosted by a third party who may be located outside of Australia. While
Evolve Education used its best endeavours to select an appropriate hosting provider, it does
not guarantee that the hosting services will be free from errors or defects or that the website
6. INTELLECTUAL PROPERTY
(a) Evolve Education retains ownership of the Website and all materials on the Website
(including text, graphics, logos, design, icons, images, sound and video recordings, pricing,
downloads and software) (WebsiteContent) and reserves all rights in any intellectual
property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole
purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell,
modify or publish the Website or any Website Content without prior written consent from
Evolve Education or as permitted by law.
7. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We
have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or
endorsement of the linked website.
Evolve Education does not accept responsibility for loss or damage to computer systems,
mobile phones or other electronic devices arising in connection with use of the Website. You
should take your own precautions to ensure that the process that you employ for accessing
the Website does not expose you to risk of viruses, malicious computer code or other forms
9. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on
the Website or any difficulty in accessing or using the Website, please contact us
immediately using the contact details or form provided on our Website.
We make no warranties or representations about this Website or any of its content and will
not be responsible to you or any third party for any direct or consequential loss suffered in
connection with the use of this Website. To the maximum extent permitted by law, we
exclude any liability that may arise due to your use of our Website and/or the information or
materials contained on it. You agree to indemnify us for any loss or liability arising out of your
use of this Website.
12.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably
submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal
from them in respect of any proceedings arising out of or in connection with this agreement.
Each party irrevocably waives any objection to the venue of any legal process on the basis
that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver
of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to
the extent that it is void or unenforceable. The validity and enforceability of the remainder of
this agreement is not limited or otherwise affected.
12.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this
agreement without the prior written consent of the other party.
12.6 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any
prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in
relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of
speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture (whether
incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators,
successors and permitted assigns, including persons taking by way of novation and, in the
case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit,
attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit,
attachment or annexure to or of this agreement, and a reference to this agreement includes
all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document
as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a
party because that party was responsible for the preparation of this agreement or that