Terms of Website Use

Orangebird.com.au (“site”) is a site operated by Interact Education Pty Ltd (“we” or “us”). We are registered in Australia ABN 35 160 288 899. This page (together with documents referred to on it) sets out the terms of use on which you may make use of our website orangebird.com.au (which includes, as the context permits, the Orangebird Market Portal as defined below) (“our site”). Please read these terms of use carefully before you start to use the site. By using or accessing our site, you indicate that you have read, understood and accept these terms of use, together with our Privacy Policy and User Generated Content Policy, and that you agree to abide by them. We encourage you to read these terms of use, and contact us if you have any particular questions in relation to browsing and shopping online with us. If you do not agree to these terms of use, you should refrain from using our site in any manner.

  1. A MARKET PORTAL ONLY

    Our site is merely a portal site, or conduit, providing: (a) users with the facility to purchase third party products from third party vendors; and (b) vendors with the facility to sell their products to end users. Accordingly, we provide an Orangebird Market Portal platform only (that is, an online portal platform facilitating users’ access to various third party vendors) (“Orangebird Market Portal”).

    Our site should be construed strictly in this context only. No endorsement or affiliation of third party vendors, and any products, services or advertising material provided by such third parties, shall be construed in any manner whatsoever, notwithstanding anything else contained herein or otherwise. A reference or link to a third party vendor, and any sites, products or services provided by such third party, on or via our site, or any purchase confirmation email from us, is provided in the context of the Orangebird Market Portal only. Such references or links are provided for your information and convenience only. We have no control over the contents, quality or integrity of those third party vendors, sites, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (notwithstanding anything else contained herein). Your linking to or from these third party vendors, or use of, or reliance on such vendors, products or services or Orangebird Market store is at your own risk. You should carefully review the terms and conditions, returns, delivery, privacy and other policies of all third party vendors within the Orangebird Market Portal.

  2. ACCESS AND SUBSCRIPTION

    Access to our site is permitted on a temporary basis. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

    Access to subscriber only pages of our site is only available to current, approved and registered subscribers only. Acceptance of such subscription is at our absolute discretion. In order to make purchases and access subscriber only pages of our site, you will need to be a registered subscriber, of 18 years age or more, and legally able to enter into contractual relations. However, if you are at least 13 years old but not yet 18, you may use our site in conjunction with your parent or guardian who agrees to these terms of use. No one under age 13 may use our site. In the event that you are a company or other legal person, you must be able to form legally binding contracts at law.

    If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (log-in information), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these terms of use. We have the right to disable any log-in information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

    In the process of activating your account to become a registered subscriber, you must provide personal information such as your name, address and an email address. You agree to provide accurate and complete information and to keep us updated of any changes thereto. If you wish to become registered subscriber please click here. When using our site, you must comply with the provisions of our Privacy Policy.

  3. INTELLECTUAL PROPERTY RIGHTS

    We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

    You must not use any part of the materials on our site, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  4. THIRD PARTY VENDORS & PRODUCTS

    Our site is merely a portal site, or conduit, providing users with the facility to purchase third party products from third party vendors, and track order status and history for such purchases, via the Orangebird Market Portal. Accordingly: Your contract for the supply of any product or service from such third party vendors shall be solely and completely between you and the relevant third party vendor (and not us). The relevant third party vendor is the seller or provider of the product or service and it shall be solely and completely responsible for the supply (not us) and we play no part in the transactions or interactions that occur between you. You should carefully review the terms and conditions, returns, delivery, privacy and other policies of the third party vendors within the Orangebird Market Portal as this will govern your purchase, use or cancellation of the product or service. We make no warranty about the standard, integrity or quality of any product or service the subject of your purchase from a third party vendor within the Orangebird Market Portal. We assume no responsibility for any act or omission of any of the third party vendors within the Orangebird Market Portal and we will not be liable for enforcing any agreement that was made between you and such third party vendor and you will be solely responsible for any agreement made with them.

  5. PAYMENT

    Payments to third party vendors within the Orangebird Market Portal shall be made via our site’s PayPal billing platform (conducted by our related body corporate, Interact Education Pty Ltd), and purchase confirmation emails shall be sent by us, despite the fact that the product was/is provided by the third party vendor. Nothing herein detracts from your relationship strictly with the third party vendor (and not us, or our related bodies corporate). We may receive fees and/or commissions (including, without limitation, service fees in the event of a product return or refund) from the relevant third party vendor for our Orangebird Market Portal services and you acknowledge and consent to us receiving same. We may charge a standard administration charge for the provision of our online billing platform via PayPal.

  6. INFORMATION POSTED

    Any materials posted on, or via, our site, or links or access to third party vendors within the Orangebird Market Portal, are not intended to amount to advice, endorsement or recommendation by us on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such commentary, materials, links, third party vendors and any products or services provided therefrom, to any visitor to our site, or by anyone who may be informed of any of its contents and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties. We do not verify the skills, credentials, reputation or background of any third party vendors within the Orangebird Market Portal. Therefore, you are encouraged to exercise a high standard of care and independently verify these vendors before transacting with them. Our site is merely a portal site, or conduit, providing users with the facility to purchase third party products/services from third party vendors within the Orangebird Market Portal.

  7. OUR SITE CHANGES REGULARLY

    We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. POLICIES & GUIDELINES You shall comply with our policies and guidelines as apply from time to time.

  8. OUR LIABILITY

    The material, content, product descriptions, standard, quality and specifications displayed on our site, and any links and in relation to the products or services contained therein are provided “as is” and without any guarantees, conditions or warranties as to its accuracy, completeness, reliability, currency or fitness for purpose. To the extent permitted by law, we, our directors and employees, and third parties connected to us hereby expressly exclude:

    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

    Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warranties and conditions or impose obligations on the supply of goods and services through or by means of our site which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion: in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

    Notwithstanding the above, you recognise that your contract for the supply of the product or service (the subject of any transaction with a third party vendor within the Orangebird Market Portal and their Orangebird Market store) shall be solely and completely between you and the relevant third party (and not us). Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred dollars (AUD$100.00) or the total amount of money paid by you to the relevant third party vendor (whichever is the lower). You agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from, or which is directly or indirectly related to the use of our site, or any other products or services accessed via our site or a vendor Orangebird Market store.

  9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

    We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. In order to make purchases through our site, you will be requested to provide your personal details, in particular, your real name, phone number, e-mail address and other requested information. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

  10. VIRUSES AND HACKING

    You must not misuse our site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all Internet users ensure they have up to date virus checking software installed.

  11. LINKING TO OUR SITE

    You may link to our home page, provided you obtain our prior written consent. You can request our consent by sending us an email at hello@orangebird.com.au. Any links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

  12. FORCE MAJEURE

    We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

  13. JURISDICTION AND APPLICABLE LAW

    Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use (and the purchase of any products via our site). By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.

  14. VARIATIONS

    We may revise these terms of use at any time by amending these terms of use You are expected to check these terms of use from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Any changes are effective immediately upon posting to our site. Your continued use of our site thereafter constitutes your agreement to all such changed terms of use. Please read these terms of use before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using our site.

  15. RELATIONSHIP

    No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use.

  16. SEVERABILITY

    If any provision in these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the reminder of these terms of use which will continue in full force and effect.

  17. YOUR CONCERNS

    If you have any concerns about material which appears on our site, please contact us. Thank you for visiting our site.