Terms of service

Welcome to Your Local School. The website http://www.yourlocalschool.com.au (“Site") is owned and operated by Your Local School Pty Ltd (ABN 17 650 226 985) (“Your Local School”, "we", "our", "us").

These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (“Order”), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

1. ACCESS AND USE OF THE SITE

1.1 You must only use the Site in accordance with these Terms and any applicable law.

1.2 You must not (or attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(c) interfere with security-related or other features of the Site.

1.3 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.4 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or

(b) in a way that is illegal or unfair. 

2. INFORMATION ON THIS SITE

2.1 The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Your Local School.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent.

2.3 Information about goods on the Site is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.

3. ORDER AND FORMATION OF CONTRACT

3.1 When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars. 

3.3 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer Service immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

4. CANCELLATION

4.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

4.2 If you wish to cancel your Order, please contact our Customer Service Team. 

5. CHANGE OF MIND RETURNS

You can return any product in accordance with our Refund Policy:

6. DISCLAIMER AND LIABILITY

Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

7. INDEMNITY

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.

8. PRIVACY POLICY AND COMMUNICATIONS

Your privacy with the Site is governed by our Privacy Policy.

9. DISPUTE RESOLUTION

In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged via support@yourlocalschool.com.au.

10. GENERAL

10.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site. 

10.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

10.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

10.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

10.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

10.6 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

10.7 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

10.8 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.

11. DEFINITIONS AND INTERPRETATION

11.1 Definitions

In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears: 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;

Breach of Duty means the breach of any:

(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or

(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); 

Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and

“Your Local School”, "we", "our", "us" means Your Local School Pty Ltd (ABN 17 650 226 985) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

11.2 Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

(d) References to includes or including or like words or expressions shall mean without limitation.

These Terms were last updated on 1 August 2021.