Terms and Conditions

OVERVIEW

This website is operated by Koori Curriculum. Throughout the site, the terms “we”, “us” and “our” refer to Koori Curriculum. Koori Curriculum offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

Section 1A - SHIPPING

We aim to ship all orders as promptly as possible however please note that some of our online store products are made to order. These include our wooden puzzles and card games, and our Aboriginal Dolls. We aim to provide accurate and current lead times on made to order items on our product description pages.

Important note regarding shipping options.

Please note that shipping is provided by Australia Post who are currently experiencing delays due to COVID-19.

Express Shipping Option - if this option is selected, please note that this only applies to the transit time once your order leaves our warehouse. It does not impact the processing or manufacturing time. Please note the usual 2 week time frame for your order to be shipped still applies to express orders, unless you have purchased a made to order item which can require up to 8 weeks.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5A - PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 5B - SPEAKER, EVENT, TEAM TRAINING AND WORKSHOP CANCELLATION FEES AND NOTICE PERIODS.

The below conditions relate to cancellation and rescheduling of any Koori Curriculum events and attendances and includes conditions for forced cancellations.

All payments are non-refundable for the full amount.

Saturday Speaker bookings – Due to high demand, all Saturday bookings are non-refundable and non-transferable upon time of booking. You are responsible for full payment of the fees by the invoice date regardless if you complete your event or not.  At the time notice is given, you are liable for any travel costs incurred by us including but not limited to flights, car hire, accommodation and special conditions.

Mid-week Speaker bookings - Changes to date are permitted however, a minimum 6-week notice period for change of date or cancellation applies. At the time notice is given, you are liable for any travel costs incurred by us including but not limited to flights, car hire, accommodation and special conditions. You may reschedule your booking within a 12-month period from the date of notice given. Cancellations within the 6-week period with forfeit the entire booking fee. Cancellations outside the 6-week period will incur a 50% charge.

Mid-week team training – Changes to date are permitted however, a minimum 6-week notice period for change of date or cancellation applies. At the time notice is given, you are liable for any travel costs incurred by us including but not limited to flights, car hire, accommodation and special conditions. You may reschedule your team training within a 12-month period from the date of notice given. Cancellations within the 6-week period with forfeit the entire booking fee. Cancellations outside the 6-week period will incur a 50% charge.

Public Workshops – If you have purchased a ticket to a workshop that is cancelled by us or forced to cancel due to authorities’ orders, we will reschedule and/or relocate the event at an appropriate time and communicate this to you. Should the new schedule not be suitable to you, please contact us at jess@kooricurriculum.com with your name and the event name as the subject line e.g JENNY APPLESEED ABORIGINAL ART CANCELLATION.

In no case is Koori Curriculum liable for individual or group associated costs for attendance to Koori Curriculum events including but not limited to travel costs. 

Koori Curriculum reserves the right amend these conditions on a case by case basis.  

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 - PLACING AN ORDER AND ITS ACCEPTANCE

You place an order for the Services by adding the Service to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the Service, you must click the “Place Order” button. When you click the “Place Order” button, you understand and agree that you will be charged for the Service(s) via the payment details you have provided.

Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download or access the Services.

Our acceptance of your order takes place when we send an email to you to accept it (“Order Confirmation”), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Services included in the Order Confirmation.

If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.

 

SECTION 8 - CHARGES AND PAYMENT

The charges for the Services will be the price indicated on the order pages when you placed your order on our website (“Charges”). We use our best efforts to ensure that the Charges for the Services advised to you are correct. However please see below for what happens if we discover an error in the Charges for the Services you order. The Charges for the Services are in Australian dollars ($AUD), and are inclusive of goods and services tax (“GST”).

The delivery costs for physical goods will be as displayed to you on our website.

We accept payment with debit and credit cards. When purchasing Services, you must pay for them:

(a) at the time of ordering them, if it is a purchase of goods, one-off Services, or an annual payment for ongoing Services, or a subscription to receive Services; or
(b) on the monthly billing date or the annual billing date as advised to you in your Order Confirmation, if it is a purchase of ongoing Services, or a subscription to receive Services paid for on a monthly, half-yearly or annual basis; or
(c) on the scheduled payment periods as advised to you in your Order Confirmation, if you choose a payment plan for your purchase of one-off Services, ongoing Services or a subscription to receive Services.

By purchasing ongoing Services or a subscription to receive Services, you acknowledge and agree to being charged an ongoing recurring fee charged at regular intervals depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing recurring fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the Contract between us.

By purchasing Services on a payment plan, you acknowledge and agree to being charged an ongoing recurring fee charged at regular intervals depending on which payment plan you have chosen, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing recurring fee will continue to be deducted, without further consent from you or notice from us, until such time as the payment plan is complete, you or we cancel the Contract between us.

Where you purchase ongoing Services or a subscription to receive Services, you understand and agree that the Services are purchased on an annual basis. Whilst we may offer payment plans, partial payments or recurring payments, your purchase of the Services and access to the services occurs on an annual basis.

It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

We will do all that we reasonably can to ensure that all of the information you give us when paying for the Services is secure by using a secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

 

SECTION 9 - CANCELLING YOUR ORDER

If you are ending the Contract for a reason set out at (a) to (e) below, the Contract will end immediately, and we will refund you in full for any Services which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the Services or these Terms which you do not agree to;
(b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside of our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the Contract because of something we have done.

You may also cancel the Contract between us within fourteen (14) days of:

• where you are purchasing physical goods, the day you receive the first delivery of the goods;
• where you are purchasing services or digital products, the date of your purchase of the services or digital products, or the date when you make your first payment for the services or digital products, whichever occurs first.

On receiving your notice to cancel the Contract between us, the Contract will end immediately, and we will refund you in full for the Charges you have paid for the Services.

To cancel the Contract, you can email us at info@kooricurriculum.com with the details of your order to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.

If you are entitled to a refund under these Terms we will refund you the Charges you paid for the Services by the method you used for payment. Your refund will be made within 14 days of your notifying us that you want to cancel the Contract.

Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you can cancel your Contract at any time using the methods set out below. You must let us know of your intention to cancel the Contract at least seven (7) days before the next billing date for which you are scheduled to pay the monthly fee or the annual fee for subscription Services. If you do not provide us with at least seven (7) days’ notice of your intention to cancel your Contract, you will be charged the next scheduled monthly fee or annual fee in accordance with these Terms.

Where you have agreed to pay a monthly fee or an annual fee for ongoing or subscription Services, you will not be entitled to a refund unless one of the reasons set out in the sections (a) to (e) above apply. Cancellation of your Contract for ongoing or subscription Services for any other reason will not entitle you to a refund.

Where you have agreed to purchase Services on a payment plan, you will not be entitled to cancel your payment plan for the Services, nor receive a refund for your purchase of the Services, unless one of the reasons set out in the sections (a) to (e) above apply. For an abundance of caution, you understand and agree that you will be required to complete all the payments of the payment plan, regardless of your desire to cancel the Services, unless one of the reasons set out in sections (a) to (e) above apply.

 

SECTION 10 - RETURNING PHYSICAL GOODS

If you end the Contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the address advised to you in the Order Confirmation.

We will pay the costs of return:

(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product, if this has been caused by your handling it in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the product and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

SECTION 11 - OUR RIGHTS TO END THE CONTRACT

We may end the Contract at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
(c) you violate these Terms or any other terms of use which apply to your use of or access to the Services;
(d) for any other reason at our absolute discretion.

If we end the Contract in the situations set out above we will refund you any sums you have paid in advance for Services which will not be provided. On cancellation of the Contract, we will immediately withdraw your access to the Services, any online spaces associated with the Services, and any platforms within our control on which the Services may be made available in any form.

We may write to you to let you know that we are going to stop providing the Services at any time and at our absolute discretion. We will let you know at least one (1) month in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.

SECTION 12 - SUPPLY OF SERVICES AND DIGITAL CONTENT

If our supply of the Services is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any sums you have paid in advance for Services which will not be provided.
We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.

 

SECTION 13 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 14 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 16 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 18 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Koori Curriculum our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 20 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Koori Curriculum and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW

These Terms, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts of New South Wales, Australia will have exclusive jurisdiction.

 

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: info@kooricurriculum.com