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Pencil Terms and Conditions


In this document, “we” means Cameron Projects Pty Ltd trading as Pencil for Educators and “you” means the person(s), entity or entities acquiring the Service.
By accessing or using the Pencil website, the Pencil service, or any applications (including mobile applications) made available by Pencil (together, the "Service"), however accessed, you agree to be bound by the terms of use set out below ("Terms of Use"). The Service is owned or controlled by Cameron Projects Pty Ltd trading as Pencil for Educators ("Pencil"). The Terms of Use affect your legal rights and obligations. If you do not wish to be bound by all of the Terms of Use, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to the Terms of Use. In those cases, the terms specific to the special feature prevail to the extent there is a conflict between them and the Terms of Use.


Basic Terms


1. You agree that you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, your username, or any account rights that you have. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Pencil prohibits the creation of unauthorised accounts and you agree that you will not create an account for anyone other than yourself or employees for whom you are responsible. You also warrant that all information you provide, or have provided, to Pencil upon registration, and at all other times, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
2. You agree that you will not solicit, collect or use the login credentials of any other Pencil users.
3. You agree that you are responsible for keeping your password secret and secure, and ensuring that any users you add to your Pencil account are aware that they are responsible for keeping their password secret and secure.
4. You agree that you may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and your Content.
5. You agree that you are solely responsible for your conduct and the conduct of any users you add to the Service and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
6. You agree that you must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Pencil.
7. You agree that you must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You agree that you may not inject content or code or otherwise alter or interfere with the way any Pencil page is rendered or displayed in a user's browser or device.
8. You agree that you must not create accounts with the Service through unauthorised means, including but, not limited to, by using an automated device, script, bot, spider, crawler or scraper.
9. You agree that violation of these Terms of Use may, in Pencil’s sole and absolute discretion, result in termination of your Pencil account. You understand and agree that Pencil cannot, and will not, be responsible for the Content added to the Service and you use the Service at your own risk. If you violate the letter or spirit of the Terms of Use, or otherwise create risk or possible legal exposure for Pencil, we can stop providing all or part of the Service to you.

 

General Conditions


1. You agree that we reserve the right to modify or terminate the Service, or your access to the Service, for any reason, without notice, at any time, and without liability to you.
2. You agree that you can deactivate your Pencil account by emailing your request to support@pencil.net.au. Before we terminate your access to the Service, we will remind you to export all your content added to the Service and save it securely. Before we can terminate your access you will need to confirm that you understand that once your access is terminated, all data entered into the Service by you and your colleagues will be irreversibly deleted. Once you confirm your understanding of this, your account will be terminated.
3. You agree that, upon termination, all licenses and other rights granted to you in the Terms of Use will immediately cease.
4. You agree that we reserve the right, at our sole and absolute discretion, to update the Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review the Terms of Use and any Updated Terms before using the Service and throughout your use of the same. The Updated Terms will be effective as of the time of their posting on the Service, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that moment in time forward. The Terms of Use will govern any disputes arising before the effective date of the Updated Terms. The Updates Terms will, where applicable, govern any disputes arising after their posting until varied by any subsequent Updated Terms.
5. You agree that we reserve the right to refuse access to the Service to anyone for any reason at any time.
6. You agree that we reserve the right to force forfeiture of any username for any reason.
7. You agree that we may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole and absolute discretion violates the Terms of Use.
8. You agree that you are responsible for all data charges you incur through use of the Service.
9. You agree that crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos are prohibited.

 

Rights

1. Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pencil may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
3. The Pencil name and logo are trademarks of Pencil, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pencil. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Pencil, and may not be copied, imitated or used, in whole or in part, without prior written permission from Pencil.
4. Although it is Pencil’s intention for the Service to be available as much as possible, you accept that there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
5. You agree that Pencil reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Pencil, including, without limitation, in order to comply with any legal obligations, but may not be retrievable without a valid court order. Consequently, Pencil encourages you to maintain your own backup of your Content. In other words, Pencil is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. You agree that Pencil will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
6. You agree that Pencil is not responsible for, and does not endorse, Content captured or created within the Service. You agree that Pencil does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates the Terms of Use, you may bear legal responsibility for that Content.
7. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that Pencil is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
8. You agree that you have agreed to acquire the Service for business purposes.
9. You must at all times indemnify and hold Pencil, its officers, employees and agents harmless:
(a) from a breach of any provision of this Agreement by you, your officers, employees or agents;
(b) from and against all claims, losses, damages, liabilities, costs and expenses that may be incurred or sustained by Pencil in connection with this Agreement and arising out of a breach of this Agreement by you, your officers, employees or agents;
(c) without limiting clause 8(a), from and against all:
(i) death, personal injury and loss of or damage to property caused or contributed to by an act or omission of you, your officers, employees, agents contractors or sub-contractors in connection with this Agreement; and
(ii) actions, claims, charges, costs, expenses, losses, damages and other liabilities arising out of or otherwise in connection with any breach or non-observance you, your officers, employees, agents contractors or sub-contractors of any statute, regulation or by-law;
(iii) costs of repairs to the Service incurred by Pencil where the required repairs resulted from the negligent act or omission or wilful misconduct of you, your officers, employees, agents contractors or sub-contractors.
10. You warrant that you have taken all necessary steps (including testing and examining the Service) on your own behalf and on behalf of Pencil to confirm that the Service is designed and operated to be safe and without risk to health when properly used and that there is adequate information about the use for which the Service is designed and operated.
11. You warrant that you have made your own inquiries concerning the Service (including all aspects thereof and its merchantability and fitness for your purpose) and have not relied in any way upon Pencil in selecting the Service for any purpose.
12. Pencil warrants that it has good title in the Service.
13. To the fullest extent legally possible, all terms, conditions and warranties whether express or implied relating in any way to the Service (whether as to the condition, suitability, quality, fitness or safety of the Service or otherwise) are hereby expressly negatived and excluded and, to the maximum extent permitted by law, Pencil shall not be liable to you or anyone claiming through you for any loss or damage (including indirect or consequential loss or damage) arising out of or in connection with Service or its use.
14. The maximum liability of Pencil (if any) under the Australian Consumer Law will be the lowest amount permitted under S64A of the Australian Consumer Law.