1.1 This Online Community is provided by Potentiality Pty Ltd and its group companies (collectively "Potentiality") for the use of the TOBA (the "Association"), its members and affiliates.
1.2 These Terms and Conditions of Use (these "Terms") govern your use of this Online Community. By using this Online Community you accept these Terms in full.
2. Unauthorised Registration
2.1 You must not:
(a) impersonate or try to impersonate another person;
(b) disclose your password to anyone else;
(c) allow anyone else to use your account; or
(d) use anyone else's account.
3. Unauthorised Use
3.1 You must not use this Online Community in any manner or for any purpose which constitutes or facilitates Unauthorised Use, and you will indemnify Potentiality and the Association for any losses they sustain as a result.
3.2 Potentiality reserves the right to remove or edit any material that it considers, in its sole discretion, constitutes Unauthorised Use.
3.3 For the purposes of these Terms, "Unauthorised Use" means use of this Online Community that:
(a) is unlawful, false, misleading, a breach of confidentiality or privacy, infringes any intellectual property rights or in any manner violates the rights of Potentiality or any other person;
(b) is inappropriate, offensive, obscene, defamatory, malicious, discriminatory, harasses or is likely to cause distress or inconvenience to any person;
(c) is technically harmful to the Online Community or attempts to circumvent security measures; or
(d) otherwise breaches these Terms.
4. Limitation of Liability
To the fullest extent permitted by law:
(a) all terms, conditions, warranties and representations (whether express or implied) relating to this Online Community and the material contained on this Online Community are excluded; and
(b) all liability and responsibility on the part of Potentiality and/or the Association (and any of their directors, officers, employees, related companies or agents) for any loss or damage that may be incurred by you or any other person, including without limitation any direct, indirect, punitive, consequential or special loss or damage, and whether in tort (including, but not limited to, negligence), contract or otherwise, in connection with use of this Online Community or the material contained on it, or any website linked to this Online Community, is hereby excluded.
5. Online Registers
If your Online Community has a register of members of the Association or the school community generally ("Community Members") that can be accessed by other Community Members (a "Register") then you acknowledge and agree that use of the Register will be subject to the following:
5.1 The role of Potentiality and the Association in providing the Register is solely to act as a facilitator to enable Community Members to pass on their knowledge, expertise and/or services to other Community Members.
5.2 Whilst every effort has been taken to ensure the accuracy of the information provided on the Register (and to correct any errors or omissions within a reasonable period of time after being notified of them), neither Potentiality nor the Association guarantees that the Register will be accurate, complete, reliable, current or error-free.
5.3 Material on the Register may be changed, modified or removed at any time without notice.
5.4 Whilst reasonable endeavours will be made to allow uninterrupted access to the Register, access to the Register may be suspended, restricted or terminated at any time.
5.6 You must keep personal information of all Community Members in the strictest confidence.
5.7 A Community Member may update their details or discontinue their involvement with this Register at any time by emailing the site administrator or firstname.lastname@example.org.
All copyright in this Online Community is owned or licensed by Potentiality, except for your personal information and any other information or content provided by you or the Association.
8.1 Potentiality reserves the right to vary these Terms from time to time in order to take account of changes to the Online Community or to law. Such variations will take effect immediately upon the posting of the varied Terms on this Online Community. In continuing to use this Online Community, you will be deemed to accept such variations.
8.2 Potentiality may terminate your access to this Online Community at any time without notice. In the event of termination, you are no longer authorised to access the Online Community, but all restrictions imposed on you and all limitations and indemnities set out in these Terms will survive.
8.3 If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
8.4 These Terms will be governed by and construed in accordance with the law which applies at the principal place of business of the Association, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts in that jurisdiction.