Terms of Service

Terms and Conditions

Teacher Professional Development (referred to in this policy as “Teacher Professional Development”, “TPD”, “us”, “we”, or “our”) has put in place the following Terms and Conditions which govern your use of TPD resources and information, as well as provide important information about your legal rights (“Terms”).

These Terms explain your obligations when you visit our marketplace located at tpd.edu.au and related subdomains, purchase any affiliated web pages we may host (which together with the TPD Marketplace, (together, the “TPD Marketplace”), any affiliated web pages we may host (which together with the TPD Marketplace, we refer to in these Terms as the “Sites”), our mobile applications (“Apps”), and any other services we might offer (together the Sites, Apps, and related services are our “Services”).

The TPD Marketplace offers Third Party Product on an open platform for educators and creators to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works (“Resources”). Resources may include electronically delivered files, digital products, streaming video, physical items, and other product types. TPD may modify, add, discontinue, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” TPD at no stage owns or sells Resources for or on behalf of our Sellers.

Section 1: Creating an account

By creating an account through the TPD website, you consent that all personal information that you submit may be used by us solely in the manner and for the purposes described in our Privacy Policy.

Information provided by you in the creation of your account must be true and accurate. If TPD believes any information to be incorrect, we may ask you to provide verification.

During the creation of your account, you will be asked to create a unique username and password. Your password must be at least nine (9) characters, and can contain a combination of letters, numbers and symbols. It cannot contain details such as your username, or simple sequences (eg. abcd12345).

Your username, email and password will be used to access your account, and as such it is your responsibility to keep this information confidential. TPD takes no responsibility for any and all activity that occurs under your account by any other party without your permission. If you believe your account has been accessed without your authorisation, please contact us ASAP.

Closure or Suspension of an Account

TPD may, at any time and for any reason, close or suspend the account of any member, with or without notice. Reasons that closure or suspension of an account may occur include, among others, misuse of resources or suspected unauthorised access. If this happens and you don’t believe it to be warranted, please contact TPD immediately to discuss.

You have the right to close your account at any time. If you wish to close your account with TPD, please contact us.

Section 2: Teacher Professional Development Courses

Financial Approval

By enrolling in a course, or purchasing any type of product on a TPD Site you are confirming you have financial approval to purchase a products and/or participate in a course.

All course enrolments must either be paid at time of booking or, if an invoice is requested, within 30 days of receipt of the invoice.

Cancellation Policy

Cancellation must be received in writing at least seven (7) days prior to event date. Cancellations are to be made via email sent to [email protected]. TPD will not accept any other forms of cancellation. If the nominated person is unable to attend on the day, a replacement may be sent in their place. If a participant cancels within 7 days of the event, or fails to attend the event, the school may apply in writing to receive a course credit of the same value. If TPD incurs losses from the cancellation, the losses will be passed onto the school or individual that made the original booking.

Online courses are non-refundable, and unable to be cancelled. All online courses must be paid in full once the participant has registered/enrolled into a course.

Course Rescheduling or Cancellation

In the event of a course being rescheduled or cancelled, Teacher Professional Development will notify both the school and attendee. In any event, attendees should check the TPD Site before leaving for the course, in case it has been cancelled or rescheduled.

If, in the case of a course being rescheduled, the original intended participant is unable to attend, another participant may attend in their place. If no suitable replacement participant is available, then the school or individual who made the original booking must notify TPD, who will then either provide course credit of the same value, or a refund of monies paid (whichever is preferred).

If, after successfully being notified of either a course rescheduling or cancellation, TPD has not been advised as to whether a course credit or refund is preferred, TPD will automatically issue course credit. If contact is unable to be made with the school or individual who made the original booking (due to incorrect contact details), or TPD correspondence is not acknowledged, then all monies paid will be forfeit. Whilst all effort will be made to ensure this does not happen, TPD will not accept any responsibility for losses incurred by the school, participant or any other party brought about by incorrect contact details provided to us.

Course Enrolment

It is your responsibility to provide correct contact information when enrolling into a course, and to check your inbox, spam and junk folders for confirmation emails and any important information in the lead up to a course. If Teacher Professional Development incurs losses from the cancellation, the losses will be passed onto the school or individual that made the original booking. TPD will not accept any responsibility for losses incurred by the school, participant or any other party brought about by incorrect contact details provided to us.

Section 3: Digital and Printed Resources

As a buyer, by purchasing a product on the TPD Site you are confirming you have financial approval for the purchase.

All products must either be paid for at time of purchase or, if an invoice is requested, within 30 days of receipt of the invoice.

Upon purchase of a Product, you are bound by the Resource Licensing Policy, as outlined in Section 5.

Refund Policy

All Resource purchases made from Teacher Professional Development are considered final and non-refundable. If you have accidentally purchased a product twice, please contact us ASAP at [email protected].

Shipping

We ship throughout Australia and worldwide.

Shipping rates are calculated at checkout, and are in accordance with Australia Post flat rate shipping costs, plus handling.

Section 4: Resource Licensing Policy and Copyright

Teacher Professional Development and TPD Third Party Seller Products own and maintain the intellectual property rights to their Resources and grant licences to use such Resources and materials. When you purchase a Resource from TPD, you are also purchasing a licence to use the Resource in accordance with the terms of this Resource Licensing Policy.

Teacher Professional Development hereby grants you (as a user) a limited, non-transferable licence to access and use company course content, for which you have paid all required fees, solely for your non- commercial, educational purposes. Once a Resource has been purchased, it cannot be used by any other individual without the purchase of an additional Resource (and the associated licence).

Please be aware that any company content, resources and materials purchased from Teacher Professional Development is permitted to one (1) user unless a larger licence is purchased. If a larger licence is purchased, the licence only permits that number of users access to the associated Resources as is specified by the licence. The faculty licence is only accessible for use within the faculty of the school or organisation that purchases the licence.

Transferable Licenses on Teacher PD

A Transferable License is a license that allows a school to retain a resource in the case of educator turnover (some examples include faculty changes, retirement, maternity leave, or any other reason an educator might change or leave their position). This license type is available at a higher price than the Non-Transferable License. Schools can transfer a Transferable License resource once per year. However, we understand that at times there may be unforeseen circumstances so we will accommodate those requests on a case by case basis.

Transferable Licenses will cost 40 percent more than Non-Transferable Licenses for digital resources. For online courses, Transferable Licenses will cost $99 per transfer for each employee within the one school only.

All other uses are prohibited without written consent. It is in violation of the Copyright Act 1968 to share, reproduce, redistribute, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, licence, or otherwise transfer or use any resource or course content unless we give you explicit permission to do so. Teacher PD marketplace resources and courses are licenced, and not sold, to you. Instructors may not grant you licence rights to content you access or acquire through the services, and any such direct licence shall be null and void and a violation of these Terms. You may not post or otherwise make any TPD Resource available on any website, forum or other medium.

Users may not claim attribution or authorship to any Customised Resources ion third-party website, advertising, promotional material or stores unless they have received prior written approval from Teacher Professional Development which, approval Teacher Professional Development may withhold in its sole discretion.

Copyright

Users must not use, reproduce, communicate, publish, distribute or otherwise deal with any of the Content on the Site, unless TPD give you explicit permission to do so.

Under the Copyright Act 1968 it is an offence to:

knowingly import, possess, sell, distribute or commercially deal with an infringing copy
offer for sale infringing copies of computer programs
transmit a computer program to enable it to be copied when received.

Penalties include fines of up to $117,000 for individuals and up to $585,000 for corporations. The possible term of imprisonment is up to five years.

Limitation to Access

TPD cannot guarantee continuous access to any course or resources through our website. For example, if at any time, TPD stops hosting a course or resource for any reason, or you or TPD terminates, suspends, or otherwise limits your account or access to TPD services, your ability to access the course or resource through our website may be terminated. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.

Section 5: Third Party Marketplace Sellers Marketplace Sellers, & Payouts

TPD may promote, sell and distribute educational products and resources from third parties. Before doing so, TPD may review third party products and resources, and only promote and distribute those which comply with the below Guidelines for Third Party Sellers.

TPD reserves the right to decline or cancel the promotion, distribution and sale of any third party products or resources at any time, at their discretion.

Guidelines for Marketplace Sellers

As a Seller, it is important you abide by TPD’s guidelines for third party sellers. In order for TPD to promote, sell and distribute your educational products and resources through this website or via TPD courses, you must ensure all products and resources provided to TPD:

are original work, and not copyrighted material;
are priced fairly and accordingly;
meet any relevant industry standards.

If found to be unsuitable upon review, TPD reserves the right to decline the promotion, distribution or sale of any Sellers Resources, at their discretion.

Sellers are solely responsible for pricing their Resources distributed through our Services for sale.

Sellers should not use TPD as a way to drive traffic to another website or business. You may not include hyperlinks to alternative sales channels such as another online marketplace or e-commerce site where your resources can be purchased.

When you list a Resource or make a purchase on TPD, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and non-refundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers can view a refund and any applicable refund note in their payout report.

Tax

For each sale through the TPD Marketplace, GST (10%) of the product price will be deducted by TPD before the Sellers Membership Type (“Marketplace Earnings”) Payout Rates are applied. Be sure to take this into consideration when pricing your product.

Fees

For each sale through the TPD Marketplace, Sellers earn the applicable Marketplace Payout Rate that applies to their Membership Type (“Marketplace Earnings”). Marketplace Earnings are reduced by the full amount of any Transaction Fees that apply. For details on our Seller Membership options, and the Fees, and current Marketplace Payout Rates that apply to each, see our Seller Fees and Payout Rates page. Unless otherwise specified, Total Earnings are paid in quarterly payments (“Payouts”) according to the schedule described in this Section.

TPD will deduct the Seller Membership Fee and Transaction Fee from the Sellers Marketplace Earnings before Payouts are paid out to the Sellers.

Payouts

We issue Payouts on a quarterly basis. We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the associated sale(s) or complete the Payout.

Section 6: Intellectual Property

Sellers Material

As a seller parts of our Services allow you to upload products to our Site. You retain any intellectual property rights that you hold in that Content. TPD does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.

When you post or upload Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services, such as to display your Resource in your store and in search results, to make your Resources available for download, and to display and promote your Resources through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.

Section 7: Indemnity

By purchasing and using a TPD product or resource, and notwithstanding any other Terms and Conditions, you agree to indemnify TPD against:

any loss or damage, both real or personal, caused by or attributed to your use of any TPD product or resource, or for which your use of any TPD product or resource is deemed a contributing factor; and
any liability to any person or entity, in respect of or in connection with such loss or damage, both real or personal. This includes, but is not limited to, legal representation, workers compensation, insurance claims and proceedings brought about by third parties related to your use or misuse of TPD’s products and resources.

TPD may make available Third Party Products on the Site as agent for the owner. TPD disclaims any responsibility or liability for the suitability, content standard and operation of Third Party Products and gives no warranties or guarantees for such matters and User acknowledges that the purchase and use of such Third Party Products is solely at its own risk

Section 8: Accounts and invoices

Invoices are due 30 days from invoice date. Payments can be made via Direct Deposit, Cheque and Credit Card. Please note Credit Card payments incur a 2% fee.

Accounts Payable to:

Teacher Professional Development
Att: Tresne Middleton
1/106 Elder St, Lambton, NSW 2299 Australia

ABN: 83 169 689 187

Overdue invoices of 60+ days will incur a $5.50 fee each month until payment is made.

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