Terms and Conditions

Terms and Conditions

Welcome to tiptheteacher.com.au

PLEASE ENSURE YOU READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Tip the Teacher is a Marketplace, Networking and Sharing Website.

By using the website and services offered by Tip the Teacher and its associates you agree to the terms and conditions specified within this document.

1.     DOCUMENT PURPOSE, OBJECTIVE AND GENERIC CONDITIONS

a)     These Terms outline the legally binding terms and conditions for your use of the website at www.tiptheteacher.com.au and all services provided by Tip the Teacher.

b)     These Terms apply to all users of the Site. 

c)     You will not be a valid Member of Tip the Teacher until you agree to these terms and conditions and to our Privacy Policy. The terms in these documents apply to you whenever you use the site. 

d)     These Terms govern access to and use of the Service, including the management of Products and participation in on-line forums, providing feedback, bulletin boards, wikis, chats, group discussions on social media and other communications used by Members. 

e)     Tip the Teacher is an online marketplace, networking and sharing site for teachers to sell and express their passion. Teachers are offered rewards in the form of monetary tips from followers when they post teaching strategies, photos, blogs and videos about best practice in their classroom and school. 

f)      Some parts of Tip the Teacher are publicly available to all Visitors to the site, and some parts of the Service are available only to Members. 

g)     By registering as a Member with or using Tip the Teacher, including as a Visitor, you acknowledge and agree to the Terms.

h)     When teachers create an account they can follow other educators and businesses, develop their own online brand, and build followers within the teaching community to share and express their passion.

i)      Tip the Teacher at no time owns any Products on behalf of its Members. 

j)      Members can publish products, resources, posts, items or videos themselves in their own time, knowing that their earnings will be the percentage rate based on their membership level. 

k)     Purchasing a Product on Tip the Teacher does not transfer legal ownership of Products between Members.

l)     Tip the Teacher and Members are independent suppliers. No agency, partnership, or joint venture is intended or created by these Terms.  

m)  Tip the Teacher is a service supplier which allows Members to connect and trade (buy and sell) Products with one another. 

n)    Tip the Teacher is not responsible or liable for any Products or other content. This includes data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site. 

  • o)    Members are responsible for establishing their own shipping and handling costs.  Tip the Teacher has no responsibility to ship any products listed for sale on the website www.tiptheteacher.com.au.  

p)     All Users of the Service, acknowledge and pledge that they are at least 18 years of age, and will provide complete and accurate information required for registration as a Member. Including all contact details requested by the Service, and ensures these are updated to be kept true and accurate at all times.

q)    You use the site, services and tools at your own risk. 

2.     DEFINITIONS

a)    Terms within this document will be interpreted to have the meaning defined in this section below, unless a different meaning is specified. 

b)    ABNrefers to the Australian Business Number that a member is issued by the Australian Taxation department for the ability to sell on the service including Trading Name.Members are solely and exclusively responsible for any legal responsibility relating to obtaining an ABN and all the regulations which are associated with it, including all taxable responsibilities.  

c)    Membermeans persons wishing to sell or purchase or does purchase educational resources through the Service, and who have provided the details required by Tip the Teacher to register as members;

d)    Commissionrefers to the payments to members, which is also the total earnings of the member;

e)    ‘Tip the Teacher’refers to the web-based service available from the domain WWW.TIPTHETEACHER.COM.AU and the operator of that domain including its affiliates, and agents and their officers, directors, and employees;

f)     Final Pricemeans the total price that a member pays for eachProduct, including postage and handling costs that a member has set in the check out;

g)    Discountrefers to the percentage off the final price at checkout;

h)    Earningsrefers to the percentage of the sales price that becomes the member’s income;

i)     Identifiersrefers to any identification number, key or password provided by a User or Tip the Teacher to specific Users. 

j)     Listing Priceor listed price of sale, refers to the price that the seller has advertised or set the Product to on the Service;

k)    Memberrefers to  person who has agreed to these Terms, Tip the Teacher Privacy Policy, and has registered to become a member of the Service;

l)     Member Datameans the information that the Member or user has entered into the required fields in the online application during the registration process, or via ‘My Account’;

m)  Payment System refers to the use of a third party for collecting and distributing payments on the service for example Stripe;

n)    Processing Feerefers to the payment collected in checkout for processing the payment from buyers;

  • o)    Product refers to any product or resource which can be published on the website or purchased by users. 

p)    Proof of Purchasemeans the purchase receipt issued by the service to the buyer or user;

q)    Servicemeans the services provided by Tip the Teacher, including the facilitation of the sale and purchase of Products;

r)     ServiceFeerefers to the commission that Tip the Teacher take from each sale on Tip the Teacher for use of the service on www.tiptheteacher.com.au;

s)    Terms means these Terms and Conditions of Service;               

t)     Trading Name refers to the name that a member has opted to trade under on the service, through the member’s ‘My Account’ and possible supplied current ABN registered to that same name;

u)    Usermeans any Member or visitor to www.tiptheteacher.com.au;

v)    UserNamerefers to the name chosen by a user when registering with Tip the Teacher for the purposes of identification which cannot be altered once registered with the service.

w)   Visitorrefers to that person who has visited the site or refers to a Product from our site www.tiptheteacher.com.au by placing a link directly to our site on a forum; and

x)    You or you refers to any user.

3.     CONDITIONS FOR LISTING PRODUCTS ON THE SITE 

a)     By listing a Product, a Member assumes full responsibility for the content of the listing and Product offered. 

b)     The Member accepts the following listing conditions: 

1)    The listing will be posted on the Site and can be viewed on ‘My Account’. The listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances);  

2)    All aspects of the Product will comply with Tip the Teacher’s published policies and that they may legally sell the Product;

3)    Members will accurately describe their Product and all terms of sale in their shop;

4)    All Products must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the Products for sale in that listing. Each unique Product must have its own listing;

5)    Problems, offensive Products or content and policy violations will be immediately reported to Tip the Teacher via support@tiptheteacher.com.au

c)     Tip the Teacher users are found abusing the Site, services or tools, Tip the Teacher may limit, suspend or terminate our service and user accounts, prohibit access to the Site and the Content, services and tools, delay or remove hosted Content, and take technical and legal steps to keep users off the Site if they are found to be infringing the intellectual property rights of third parties, causing problems or possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. 

4.     SHARING YOUR CONTENT, INFORMATION AND SAFETY USING TIP THE TEACHER

a)     Members own all of the Products, content and information they post on Tip the Teacher. Members can control how it is shared through ‘My Account’. 

b)     AllMembers and Visitors agree that they:

6)    must be a registered Member to buy or sell Products through the Service;

7)    are required to select a member identification including ‘User Name’ and password; 

8)    are responsible for maintaining the confidentiality of their User Name and password;

9)    are responsible for all activity that occurs under their User Name;

10)  are solely responsible for their conduct and any Products or other information they submit, post, and display on the Service; or that they allow others to submit, post and/or display on the Service under their User Name;

11)  will not attempt to, or encourage or assist any other person to, circumvent or modify any system, security technology or other software that is part of the Service or used to administer the rules contained in these Terms;

12)  will not upload, post, email, transmit or otherwise make available any content, materials or information to, on or through the Service that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

13)  will not upload, post, email, transmit or otherwise make available to Members or visitors any unsolicited or unauthorized advertising, promotional materials, mail or any other form of solicitation;

14)  will not transmit any worms or viruses, spyware, malware or any other harmful or destructive code;

15)  will not use the Service for any illegal or unauthorised purpose;

16)  will not impersonate any person or entity;

17)  will not transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;

18)  will not transmit email or any other content that is false, misleading or deceptive;

19)  will not sell or offer for sale Products that infringe the proprietary rights of another person or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that they do not have a right to make available under any law or under contractual or fiduciary relationships;

20)  will not manipulate the price of any item or interfere with other Members’ listings;

21)  will not advertise any illegal products or services or the sale of any of these items;

22)  will not disrupt the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects Members’ and Visitors’ ability to use the Service;

23)  will not employ misleading email or IP addresses, or otherwise manipulate identifiers in order to disguise the origin of content transmitted through the Service;

24)  will not attempt to gain unauthorised access to the computer systems of Tip the Teacher or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service;

25)  will not stalk or otherwise harass anyone on or through the Service;

26)  will not collect any personally identifying data about Members or Visitors for commercial or unlawful purposes for any use outside the terms of this agreement;

27)  will not upload any material or Products that refer to another website or blog that takes users to another online marketplace or store to purchase these Products or any other educational digital resources.

28)  will not use automated means to download data from the Service without the permission of Tip the Teacher; and

29)  will not do anything that could disable, overburden, or impair the proper working or appearance of Tip the Teacher. 

c)     For Products that are covered by Intellectual Property (IP) rights, Members specifically give Tip the Teacher a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Tip the Teacher (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it; 

d)     When Members delete Products covered by IP rights, it is deleted in a manner similar to emptying the recycle bin on a computer. Members understand that removed content may persist in backup copies for a reasonable period of time, but this will not be available to others;

e)     Applications may ask for your permission to access their Products, other content and information as well as Products, content and information that others have shared with you; 

f)     We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information;

g)     When Members post Products, they are allowing everyone, including people not registered with Tip the Teacher, to access and use that information, and to associate it with that Member, such as their User Name and profile picture;

h)     Bylisting a Product for sale, the Member confirms and certifies that:

30)  They have the right to sell the Product;

31)  they are operating within the code of conduct, Australian Standards and ethics of Australian Education State Departments to which they are registered with, if they are a current teacher;

32)  They agree to upload at least one image of their Product;

33)  They will select a minimum of one category for any one Product listing;  

34)  They are fully responsible for the downloadable file and all the contents of the files they upload on the Service and will make it available for Members buying the product for a minimum of 100 continuous days from date of purchase;

35)  They will participate in all promotions that the Service advertises, such as special weekends and seasonal promotional sales;

36)  They will attempt to resolve any issues with other Members to avoid negative feedback; and

37)  They will provide the Service full access to their account and should they be required to assist members, investigate any complaint and to correct or check information, orders, payments or any other action that the service needs to do when operating. 

i)     Members may elect to have their Products promoted on the service in a premium location or in a newsletter. This is a pre-paid service with pricing listed on the service www.tiptheteacher.com.au. The Member is responsible to pay all fees upfront through Stripe account. Members that purchase a pre-paid service to have their product promoted must remain 100% confidential and not discuss with other users of the Service; 

j)     Tip the Teacher may hold a site discount promotion for the sale of Products and content which will include a ‘discount’ off the Final Price in checkout. The discount will be taken off the total and member’s commissions will be based on the price of the sale after the discount is removed;

k)     When Members purchase a Product they will have the unlimited right to download the Product. The Product will remain available for download in the Purchaser’s on-line account for 100 days from the date of purchase.

5.     PROTECTING PEOPLE’S RIGHTS

l)     We respect other people's rights, and expect all Users of our Service to do the same.

m)   Users will not post Products or take any action on Tip the Teacher that infringes or violates someone else's rights or otherwise violates the law.

n)     Tip the Teacher can remove any Product or information posted on Tip the Teacher if we believe that it violates these Terms or our policies.

  • o)     Tip the Teacher is not responsible for any User collecting information from any other User of the Service. 

p)     Members Public Profiles will be visible to all Users of the Service. 

q)     Users will not post anyone's identification documents or sensitive financial information on the Service.

r)     Users will not tag users or send email invitations to non-users without their consent. 

s)     Tip the Teacher cannot restore access to or provide copies of, purchased materials that are no longer on the service.

6.     UNSUITABLE USER-SUPPLIED CONTENT 

a)     Users acknowledge and agree that:

1)     Tip the Teacher is not, and cannot be responsible or liable for any content, information or materials posted by Users on the Service;

2)     They may be exposed to any materials, information or content posted by Users on the Service; 

3)     They bear all risks associated with the exposure to Products posted by Users on the Service, including any reliance on the accuracy, completeness, or usefulness of such materials, information or content; and

4)     Tip the Teacher has the right to, but is not obliged to pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move or close, in whole or in part, any content, information or materials from or on the Service, at any time for any reason, at the discretion of Tip the Teacher.

7.     THIRD PARTY BUSINESSES

a)     Tip the Teacher provides links to the sites of affiliated companies, resources, advertisements, published articles, journals, news, and certain other third-party literature and businesses. 

b)     Because Tip the Teacher has no control over the content of linked-to sites or the quality of the goods or services offered by third parties through linked-to sites, Users acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties or the content on, or the availability of, their websites. 

c)    Users acknowledge and agree that Tip the Teacher is not be responsible or liable to Users in any manner, directly or indirectly, for the actions, products or services of, or the content provided by, these or any other third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any thirdparty or the quality of any goods or services offered by any third party through a linked-to website or otherwise. Any use of or reliance on the contents or services of such an external website or resource is at the Users own risk and Users assume all responsibilities and any consequences resulting from such use or reliance.

8.     SITE ACCURACY

a)    Tip the Teacher makes every attempt to provide you with accurate information. 

b)    Tip the Teacher does not warrant or guarantee that the Site content is accurate, complete, reliable, current, or error-free. 

c)    If a product or service offered by a Member is not as described, you have no remedy against Tip the Teacher. Your sole remedy will be against the offending Member.

9.     REFUND POLICY

a)    At Tip the Teacher, the vast majority of resources you purchase are delivered electronically. Unlike a t-shirt or a book, it is difficult to return a PDF, Word document, or other file once you've downloaded it. For this reason, all sales on Tip the Teacher of digital resources are considered final and non-refundable.

b)    Tip the Teacherunderstand that things don't always go as planned. So we do offer refunds in a few limited circumstances. Refund requests must be submitted within one year of your purchase and are grantedon a case-by-case basis.

c)    You can email support@TiptheTeacher.com.auto request a refund. Refund requests must include your name, all details of the Product and transaction, as well as clearly outlining your concerns about the resource, with any specific examples, evidence or other supporting details you may have. Screen shots can be used to support your request. 

10.CONFIDENTIALITY

a)    You agree that all information you provide to Tip the Teacher will be true, accurate, and complete. You agree to maintain the confidentiality of all Identifiers you provide Tip the Teacher or that we provide you. 

b)    You accept full responsibility for all activities that occur under your account or any of your Identifiers. 

c)    You agree to immediately notify Tip the Teacher of any unauthorised use your account or any of your Identifiers. 

d)    Tip the Teacher is not responsible for any misuse of your account by someone who uses your Identifiers.

11.INDEMNITY

a)    Users agree to indemnify and hold harmless Tip the Teacher and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable legal fees arising out of any claim made by any third party relating to or arising out of: 

1)    the Products; 

2)    use of the Service; 

3)    actual or alleged breach of these Terms (including the Copyright Policy and Privacy Policy & Agreement); 

4)    actual or alleged infringement of any third party IP or proprietary rights; or

5)    actual or alleged violation of any applicable laws, rules, regulations or rights of others. 

12.WARRANTIES & DISCLAIMERS

a)    Users agree that use of the website and the Service is at the sole risk of the User. 

b)    Tip the Teacher disclaim all express and limited warranties in connection with the website, the Service and Users access to and use of the Service. This includes any implied warranty of merchantability, title, non-infringement, or any implied warranty arising from course of dealing or usage of trade. 

c)    Tip the Teacher makes no warranties or representations about the credibility of the Members, including that Members will perform as promised, about the truthfulness, accuracy or completeness of the Service’s content or the content of any sites linked to the Service, or the availability, quality, characteristics, legitimacy, functionality, pricing, shipping, delivery, security or safety of any products or content (including, without limitation, any Products) listed for sale on this Service, or any product descriptions or product literature. 

d)    Tip the Teacher makes no representations or warranties that the contents of the Service or any Products are fit for any particular purpose or will meet any User’s requirements. 

e)    Tip the Teacher has no liability or responsibility for:

1)    any errors, mistakes, or inaccuracies of content; 

2)    any personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; 

3)    any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; 

4)    any interruption or cessation of transmission to or from the Service; any harmful or destructive code which may be transmitted to or through the Service by any third party; or 

5)    any errors or omissions in any Products, or for any loss or damage of any kind incurred as a result of the use of any Products emailed, transmitted, sold or otherwise made available via the Service. 

f)     Tip the Teacher is not responsible for any damages or claims resulting from:

1)    Members directly contacting other Members; or

2)    Transactions conducted outside of the Service, including transactions that may originate through the Service but are completed offline or outside of the Service.

13.LIMITATION OF LIABILITY

a)    Tip the Teacher is not liable to Users for any direct, indirect, incidental, special, consequential or exemplary damages, or any other type of damages. This includes:

1)    damages for loss of profits, goodwill, reputation, data or other intangible losses, resulting from the access to or the use or the inability to use the Service; 

2)    the cost of procurement of substitute goods or services resulting from any Products purchased or obtained or messages received or transactions entered into, through or from the Service; 

3)    Unauthorized access to, or alteration of your transmissions or data; 

4)    Statements or conduct of any third party on the Service; or 

5)    any other matter relating to the Service. 

b)    If the liability of Tip the Teacher is note limited in accordance with 13(a), the liability of Tip the Teacher to Users or any third party will be limited to the lesser of: 

1)    the total amounts paid by Users to Tip the Teacher during the 6 months prior to the claim or action allegedly giving rise to such liability; or 

2)    $50.00.

14.TERMINATION OF ACCOUNTS

a)    Tip the Teacher reserves the right to refuse service, terminate accounts, remove or edit content at any time in its sole discretion. 

b)    If Tip the Teacher terminates a User’s account, that User’s right to use the Service will cease immediately. 

c)    Users may terminate their Member account at any time and for any reason, and Tip the Teacher will make available through the Service reasonable means for Users to do so.

d)    Members wanting to close their accounts must send an email notification to support@tiptheteacher.com.au specifically requesting that they wish to deactivate their account. 

e)    Any resources or products purchased within the preceding 100 days from the date of termination must remain available to buyers. 

f)     All provisions of the Terms will survive termination. 

15.TRADEMARK & LOGO

a)    Tip the Teacher logo and name are not to be displayed or used without prior written consent from Tip the Teacher.

16.GOODS & SERVICES TAX

a)    Users agree that they are solely and exclusively responsible for any GST that applies to any sales made in connection with the Service. 

b)    The amount payable for any taxable supply made under or in accordance with these Terms is exclusive of GST. 

c)    The amount payable for any taxable supply made under or in accordance with these Terms will be increased by the rate of GST imposed by law. 

d)    Members residing in a country other than Australia are not required to add GST to their selling prices.

17.PRIVACY

a)     Your privacy is very important to us.

b)     We do not sell your personal information to third parties for their marketing purposes without your explicit consent. 

c)     We use your information only as described in the Tip the Teacher’s Privacy Policy. 

18.FEES / PAYMENT / PRICING & SERVICES

a)    Fees: Sellers who wish to sell their Products through the Service must join Tip the Teacher. Two types of membership are available for Sellers:

            STANDARD MEMBERSHIP– pay no annual membership fee. 

PREMIUM MEMBERSHIP– must pay an annual membership fee of $50.00 AUD. 

b)    StandardMembers and Premium Members will be charged service fees on sales made through the Service, as set out in these Terms. 

c)    Members can upgrade membership from the Standard level to the Premium level at any time. 

d)    Members must pay their membership fee upfront. Members can select their membership type when signing up,and can later choose to upgrade their membership type in My Account and the payment must be processed through Checkout. 

e)    Members who wish to purchase Products through the service must join Tip the Teacher. Members pay no membership fee to join to simply access the system and resources. There is a process fee of 3.5% of the total final price at checkout per paid transaction for Members who purchase Products through the Service. This processing fee is capped at $2.

f)     Tip the Teacher reserves the right to alter this figure without warning to Members. If this is updated then the new figure will be reflected in these Terms;

g)    Pricing of Products: Members selling Products are solely responsible for setting the prices for the Products distributed through the Service. 

h)    Payment System Requirements:All members selling Products must have an active payment system account (Stripe – Premier version) connected to their registration to be able to be register successfully. Users are required to pay for their Products through Stripe. These account details are to be located in the Member’s ’My Account’. A second payment system may be activated at any time by Tip the Teacher, without warning. Members have 7 days to set up or activate their own account with this payment system when notified by Tip the Teacher or their account maybe unable to process purchases. The Service has the right to alter the payment system or process at anytime and will provide notification through the Tip the Teacher sharing account.

i)     If more than one payment system is active in the checkout, it will be the buyer’s choice to which payment method they complete the transaction with at their checkout page.

j)     When a Member selling is setting the Listing Price, their earnings are the Commission rates based on their membership; 

k)    All Commissions and Earnings will be paid instantly to the seller via Stripe. However, if the payment is made with a voucher the payment will be processed within 15 working days.

l)     The service is responsible for paying the scheduled Service Fees charged by Stripe when paying the earnings to sellers for the Products sold on the Service, as well as the hostage costs for storing files once the seller uploads via the site www.tiptheteacher.com.au

m)  In consideration for the Service, the Member selling the Product agrees to receive a commission for all Products sold to buyers through the Service on the following terms:

Standard Memberswill receive a 65%commission of the Final Price of each item of Products sold

Premium Memberswill receive a 85%commission of the Final Price of each Product item sold;

n)    In the event that Copyright Agency Limited (CAL) notify Tip the Teacher of a breach of copyright stemming from the copy of a members’ Product originating via a sale from the site, that Member is 100% liable for payment of any associated costs or dispersed accounts, issued to Tip the Teacher by CAL. The Member’s account with Tip the Teacher will be suspended until this payment is made in full.

  • o)    Members agree to pay in full for all Products purchased through the Service, and agree that Tip the Teacher may charge their credit card or Stripe account for any Products purchased.

p)    All charges and fees will be billed to the Stripe account specified in the purchasers’ checkout.

q)    There may be a temporary disruption of access to the Service until Tip the Teacher can verify the validity of new Stripe account information.

r)     Tip the Teacher may at its sole discretion, make original digital Products available to purchase indefinitely, and access to the material through a Members’ ‘My Account’ may be disabled if the material is removed from the Service. For example, if a Member account is closed due to a breach of these Terms. Hence we suggest you download your materials immediately after purchase and keep a backup copy in a safe place.

s)    Purchasers are responsible for keeping copies of all records relating to proof of purchase for taxation purposes. 

t)     Members are liable for printing off their sales records through ‘My Account’, for account or taxation reasons and declaring their earnings in alignment with Australian Taxation Office. Members are responsible for filing receipts of payments from Stripe or the service, to use for taxation purposes.

u)    Members must include any tax (if they are personally liable) in their Listing Price. Members are responsible to pay 100% of any tax due (if any is applicable).

19.LIMITATIONS

a)    Direct interactions (if any) between Members and other Users of the Service, including the purchase, sale, payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the individuals. Like with any internet based interaction, we suggest that you use caution and good judgment.

b)    All Users understand and agree that Tip the Teacher is not involved in any actual transactions made through the Service, and that it is not the agent or representative of any Member or Visitor for any purpose whatsoever. 

c)    Tip the Teacher is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s or Member’s use or disclosure of your personally identifiable information.

d)    Tip the Teacher uses and discloses User’s personally identifiable information in accordance with its Privacy Policy.

e)    If there is a dispute between you and a third party (including any Member, User or Visitor of the Service), Tip the Teacher is under no obligation to become involved.

20.LICENCES GRANTED TO TIP THE TEACHER

a)  When a Member uploads or submits Products for sale through the Service, the Member retains ownership of any copyright claimed for the Product. 

b)  By making Products available through the Service, Member’s grant Tip the Teacher a royalty-free, perpetual, irrevocable, non-exclusive, worldwide, sub licensable right to exercise any copyright, publicity, trademark and database rights the Member has in the Products, as are reasonably necessary to make the Products available through the Service.

c)   If a Member cancels their membership and removes their Product from the Service, the licence referred to above will be deemed revoked at the time that the Member cancels their membership and removes all Products. 

d)  If Products have been purchased prior to your cancellation or removal of your membership, then the Tip the Teacher license under these Terms is not cancelled, and Tip the Teacher is able to make Products available to a purchaser.

21.MISCELLANEOUS PROVISIONS AND GENERAL TERMS

a)  Reproduction Prohibited: No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, other than in accordance with these Terms. Modification of the materials or use of the materials for any other purpose is prohibited.

b)  Entire Terms:The Terms of Service, including the Copyright and Trademark Policy and Privacy Policy of Tip the Teacher, which are incorporated by reference above, constitute the entire Terms between Users and Tip the Teacher and governs use of the Service.

c)   No Agency:Tip the Teacher is not the agent or representative of any Users, Tip the Teacher is a service provider which enables Users to communicate as well as sell and buy goods from each other.

d)  Future Modifications of Terms of Service:Tip the Teacher reserves the right to modify the Terms of Services at any time, by posting the amended Terms on this website. Tip the Teacher may provide Users with notices, including, without limitation, those regarding changes to these Terms and any other service-related announcements, by email or posting notices on the Service. Continued use of the Service indicates acceptance of the amended Terms of Service. If you do not agree to these Terms or any modified version of these Terms, do not continue to use the Service or access the web-site.

e)  Future Changes in the Service:Tip the Teacher reserves the right at any time, and from time to time, to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. Tip the Teacher will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

f)    Governing law: This Agreement is governed by the laws of New South Wales and the Commonwealth of Australia.

g)  Dispute Resolution: The details of any dispute that arises relating to any of these Terms or the Service, must be submitted exclusively and confidentially to Tip the Teacher via email at support@tiptheteacher.com.au. All parties must attempt to resolve the dispute by attending a mediation within 50KM of the Tip the Teacher office location in New South Wales. Participants in this mediation must have the intention to resolve the dispute. The mediation process must be completed prior to any party commencing any form of legal applications. All parties will be liable for their equal portion for dispute mediation and are entitled to utilise mediation offered by the New South Wales community programs. Tip the Teacher is not a party to any dispute between its Members. 

h)  Choice of law and Venue: Any dispute that may arise between you and Tip the Teacher, including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be governed by and adjudicated under the laws of the State of New South Wales, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Newcastle in all disputes arising out of or relating to the use of the Site. Should a party fail the above user agreement terms or if there is any issue of threatened violation to Tip the Teacher intellectual property rights, Tip the Teacher has the right to legal action including an injunction through the Court and if we prevail, legal costs incurred to do so, will be sought against you. 

i)    Relationship: Unless otherwise specified nothing in these Terms creates a relationship of principal and agent, employer and employee, partnership or joint venture between the parties. 

j)    Severance: Any provision of these Terms is invalid, unenforceable or illegal must be read down to the extent necessary to avoid that effect. If that is not possible, that provision must be excluded from these Terms but only to the extent necessary to avoid that effect. All other provisions in these Terms continue to be valid and enforceable. 

k)   Assignment: Tip the Teacher may assign this agreement to any successor or purchaser of Tip the Teacher or all or substantially all of its assets. 

l)    Interpretation: In these Terms unless the contrary intention appears:

1)    a reference to dollars is to Australian dollars;

2)    the singular includes the plural and vice versa;

3)    a reference to a person includes any corporation, partnership, joint venture, trust, association, government, or public authority and vice versa;

4)    a reference to any party to this or any other document includes the party’s successors and permitted assigns;

5)    a reference to a document is to that document as amended, novated, supplemented, varied or replaced from time to time and includes any annexures, schedules and appendices to that document, except to the extent prohibited by that document;

6)    mentioning anything after include, includes or including does not limit what else might be included;

7)    a reference to a person that comprises two or more persons means those persons jointly and severally; and

8)    the headings are for convenience only and do not affect the interpretation of this Agreement.

22.CONTACT INFORMATION

a)    Any questions, comments or reports of violation regarding the Terms of this Agreement can be emailed to  support@tiptheteacher.com.au