Terms & Conditions
Terms & Conditions
1. Acknowledgement and Acceptance of Terms and Conditions
ATYP On Demand. In Schools is operated by Australian Theatre for Young People (“ATYP”).
When used in these Terms and Conditions:
– “the Site” means the application known as ATYP On Demand. In Schools, whether accessed via static or mobile devices, in either native or mobile application format, and includes the platform, production streams and other content contained therein such as information, text, illustrations, graphics, video, sound recordings, names, logos and trade marks on the Site;
– “you” means each of the following: (1) any school or educational institution which has registered with, and has been accepted by, ATYP as a permitted user of the Site (“Organisation”); (2) any teacher or student of such Organisation who has been provided with log-in credentials to access and use the Site by the Organisation; and (3) any person who has directly registered with, and has been accepted by, ATYP as a permitted user of the Site.
These Terms and Conditions apply to all users of the Site, regardless of whether a licence to access the Site has been granted to an Organisation on behalf of students and teachers, or directly to a student or parent. In the case of students who are minors, the permission of that student’s parent or guardian must be obtained before the student is given access to the Site.
Your access to and use of the Site is conditional upon your acceptance of and compliance with these Terms and Conditions. Your access to the Site constitutes your agreement to be bound by these Terms and Conditions. If you do not agree to any of these Terms and Conditions, you must cease accessing and using the Site.
ATYP reserves the right to amend and update the Terms and Conditions at any time, with such amended or updated Terms and Conditions to take effect as at the date of posting on the Site.
2. Grant of Licence
ATYP grants to you a limited, revocable, non-exclusive and non-transferable licence to access, view, and use the Site without modification, for the purposes stated, and upon the terms set out, in these Terms and Conditions.
You may not sell, rent, loan, give, publish, sublicense or otherwise transfer the Site (including any content contained therein) to anyone or give anyone the right to use in any way or reproduce them.
The Site may be accessed and used for bona fide educational purposes only. To the extent reasonably possible, you shall ensure that the Site is not used in any commercial or for-profit manner (including without limitation as part of any public exhibitions where an admission fee is charged for viewing). In no event shall the Site be used outside of the scope of this Agreement.
3. Intellectual Property Protection
ATYP owns, or is licensed to use, all intellectual property in the Site. The licence granted to you in these Terms and Conditions will not operate to transfer to you, or to any other person, any rights in respect of the Site other than as expressly provided for herein. You agree that you will not infringe ATYP’s intellectual property rights (including its trademark rights and copyright) and will not reproduce, modify, transmit (including broadcast), copy, adapt, sell, publish, frame, download a permanent copy onto a computer, upload to a third party, post or otherwise distribute or communicate any part of the Site.
The Site is provided “as is” and without any warranty or condition, express or implied, other than those that are made non-excludable by applicable legislation. ATYP does not warrant that the information contained in or accessible through the Site is accurate, suitable for your purposes or without errors, omissions or viruses, nor does it guarantee continuous, uninterrupted or secure access to the Site. You acknowledge that access and use of the Site (including the software operating in connection with the Site) may be interfered with by numerous factors outside of ATYP’s control. ATYP does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Site.
5. Limitation of Liability
You agree that ATYP is not liable to you or anyone else for any loss or damages however arising (whether in negligence or otherwise) out of or in connection with the use of the Site or your inability to access the Site, except where liability is made non-excludable by applicable legislation.
6. ATYP’s use of personal data
ATYP will collect, use, store and disclose your personal data which you have provided in applying for or using the Site in accordance with any obligations it may have under the data protection legislation. You agree that when you log in to access the Site you will be deemed to agree that all personal data that has been made available to ATYP may be used by it in order to provide you with Access to the Site, to manage your user account, to provide you with information relating to the Site, to provide support services in respect of your access to and use of the Site, to analyse users’ access and use of the Site and for research and development purposes in relation to the Site. You represent by accessing the Site that such use by ATYP of personal data is fair and reasonable and is a condition of such access.
If you would like to revise your personal data as provided to ATYP at any time, or feel what ATYP currently has on record is incorrect, you may update the information by e-mailing [email protected]
ATYP may from time to time ask you for further information in order to update our records or for particular purposes. ATYP will always tell you how it will use any further information received from you. From time to time ATYP will need to send you Site and service announcement updates.
You have the right to obtain from ATYP an electronic or paper copy of all personal data concerning yourself by e-mailing [email protected]
7. Access conditions
If you are an Organisation, you will ensure that:
(a) all persons who purport to be teachers or students at the Organisation who seek access to the Site are aware of these terms and conditions and are in fact authorised by you to gain such access;
(b) the username and password for access to the Site is known only by those persons who are likely to acquire access as part of his or her role with you. The username and password shall be kept securely by your principal.
(c) the Site will be accessed for the purposes of education within the Organisation only and from your own premises.
You are responsible for your internet usage charges when accessing and using the Site. You are also responsible for ensuring that your computer and internet access are adequate to access the Site.
If you are found to be in breach of these Terms and Conditions, are acting in a manner that ATYP reasonably considers to be inappropriate, or that is unlawful or prohibited by any laws applicable to the Site, ATYP reserves the right to revoke your access to the Site.
The Site may contain links to third party websites (Other Websites). ATYP is not responsible for the content of any Other Website that is not operated by ATYP. The inclusion of a link does not imply any endorsement by ATYP of the Other Website or or any content contained on that Other Website. Your linking to any Other Website is at your own risk.
ATYP may terminate the licence herein contained in writing at any time, with immediate effect. You may terminate the licence herein contained upon 7 days’ notice in writing.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue in full force and effect.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and ATYP by these Terms and Conditions.
These Terms and Conditions are governed by the law of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts in New South Wales, Australia.