Terms and Conditions

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

1. Acceptance of Terms

Calyx Group Pty Limited ABN 25083195804 (referred to here as “CALYX”) trading as ‘Koha for Schools’ provides its Service (as defined below) to you through its web site located at http://kohaforschools.com.au (the “Site”), subject to the following terms and conditions. Together with our privacy policy and website disclaimer, these terms and conditions govern Koha for Schools relationship with you in relation to your use of this Service.

By using this Service, you signify your acceptance of these terms and conditions. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Koha for Schools and “You” and “Your” refers to you, the client or person using our Service.

If you are acting on behalf of a school, company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept the terms and conditions and may not use the Service.

 

2. Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our service to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

 

3. Description of the Service

The service includes the Koha for Schools website, the instance of Koha provided through the site and all associated content. Koha for Schools’ obligations are to establish an instance of the Koha software able to be accessed over the internet and to configure the parameters of Koha in a manner that is typically useful for Australian schools. You may further customise the parameters to your specific needs. The Koha instance will remain available over the internet to you and to third parties until the service is terminated.

The version of Koha deployed in the service will be determined at the absolute discretion of Koha for Schools but will always be a version that is supported by the authors of Koha. From time to time the authors of Koha may issue updates, patches or new releases to the software. Koha for Schools has no obligation to implement any such update, patch or new release but may do so if we consider it appropriate.

If requested by you, we will provide additional services such as the loading of properly prepared data into the Koha instance, customising the content and appearance of the Koha OPAC home page, integrating services from third party providers and Koha training. Additional charges will apply for these services.

Koha for Schools may suspend the service at any time to rectify an error or to conduct maintenance. We will endeavour to give 48 hours notice of any such suspension but are not obliged to do so. Koha for Schools will cause the data in your instance of Koha to be backed up nightly however we give no warranty that any specific element of data will be able to be restored from back-up.

You acknowledge that you have chosen to adopt the service including the Koha software without relying on any advice from Koha for Schools. You warrant that you have satisfied yourself as to the appropriateness of the functionality and operation of Koha and the operation of the service prior to entering into these terms and conditions.

You must not use, or permit the use of any part of Koha to load any data other than data relating to your own library holdings. Customer must not resell to any person any use of Koha.

The service may be terminated by you by giving notice in writing to Koha for Schools. We have no obligation to retain any of your data following the termination of the service.

 

4. Disclaimer

To the fullest extent permitted by law, Koha for Schools absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Koha for Schools gives no warranty that the documents, goods or services including the Koha software will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in our website or as to their correctness, suitability, accuracy, or reliability. Koha for Schools has no obligation to correct any errors in the Koha software nor cause the software to meet any specific requirement of yours, whether or not you have made that requirement known to us.

It is your sole responsibility and not the responsibility of Koha for Schools to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

 

5. Limitation of Liability

It is an essential pre-condition to you using our service that you agree and accept that Koha for Schools is not legally responsible for any loss or damage you might suffer related to your use of the service, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

6. Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Koha for Schools’ liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use the website and to purchase any goods or services.

 

7. Delivery of Goods

Digital goods are delivered within two business days of clearance of your payment. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may assist you.

It is not anticipated that we will provide any physical goods, however should we do so, physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Koha for Schools .

 

8. Returns and Refunds

Koha for Schools handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 21 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Koha for Schools.

 

9. Links to Other Websites

Koha for Schools may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Koha for Schools and the owners of those websites. Koha for Schools takes no responsibility for any of the content found on the linked websites.

Koha for Schools’ website may contain information or advertisements provided by third parties for which Koha for Schools accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

 

10. Your Privacy

At Koha for Schools, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. Koha for Schools respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email.

Koha for Schools uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Koha for Schools. Credit card information is not stored by us on our servers.

 

11. Third Parties

Koha for Schools does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.

 

12. Disclosure of your information

Koha for Schools may be required, in certain circumstances, to disclose information in good faith and where Koha for Schools is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

 

13. Exclusion of Competitors

If you are in the business of supplying a library management system or creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Koha for Schools. Koha for Schools expressly excludes and does not permit you to use the Service or to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then Koha for Schools will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Koha for Schools reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

 

14. Copyright, Trademark and Restrictions of Use

The Koha for Schools website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Koha for Schools expressly reserves all copyright and trademark in all documents, information and materials on our website or distributed through the Service and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Koha is free software distributed under the terms of the General Public License of the Free Software Foundation, version 3 or any later version. In addition to being available through us, you may obtain Koha freely and the website at http://koha-community.org contains information about how you may do so.

 

15. Fees and Payment

Fees for the service are payable in advance. Koha for Schools may suspend the performance of any or all of its obligations under these terms and conditions by notice to you during any period in which you have failed to pay any amount due. We may vary the fees at any time by notice in writing to you and the variation will become effective as set out in the notice.

 

16. Whole Agreement

These terms and conditions represent the whole agreement between you and Koha for Schools concerning your use and access to the Service. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

 

17. Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

18. Jurisdiction

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Koha for Schools that results in litigation then you must submit to the jurisdiction of the courts of NSW.