Account means a user account which the User is required to create in order to be able to access the Platform and Use the Resources.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any equivalent State or Territory legislation).
Commencement Date means the date the User accepts these Terms in accordance with clause 1.1(c) of these Terms.
Consequential Loss means:
1. all indirect and consequential Loss;
2. all Loss beyond the normal measure of damages; and
3. all Loss of revenue, Loss of data, Loss of reputation, Loss of profits, Loss of actual or anticipated savings, Loss of bargain, lost opportunities, including opportunities to enter into arrangements with third parties, Loss of use, cost of capital or costs of substitute goods, facilities or services.
Cool Australia means Cool Australia Limited as trustee of the Cool Australia Trust ABN 52 435 794 034.
Data means the information and data generated by the Platform or made available to the User through the Platform.
Fees means any fees or other amounts payable by the User to Cool+ under this Agreement, including the fees set out in the Order and any increases under clauses 2.4(d)(ii) or 8.4.
Further Term means consecutive periods of time as set out in the Order (if any) or agreed between the parties in writing commencing immediately after the expiry of the Initial Term or the previous Further Term (as applicable).
Force Majeure Event means the occurrence of an event or circumstances beyond the reasonable control of the party affected by it, including war (declared or undeclared) civil commotion, military action, or an act of sabotage, strike, lockout or industrial action, storm, tempest, fire, flood, earthquake or other natural calamity or an ongoing transmission service (such as internet, private network or virtual private network) or telecommunications outage or impairment or failure of the performance or availability of a transmission service.
Improvement means any modification, alteration, development, new use or other change to the Platform or Resources which makes it more accurate, more useful, more functional, more efficient, more cost effective or in any other way improves the Platform or Resources.
Initial Term means the period of time set out in the Order or agreed between the parties in writing which begins from the Commencement Date.
Intellectual Property means all present and future copyright, rights to inventions including patents and patent applications, modifications or improvements to the same, registered and unregistered trade marks, registered and unregistered designs, rights to trade secrets and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
Login Details means the username and password or other means of authentication which the User is required to provide in order to be able to access their Account.
Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.
Order means the order form provided by Cool+ to the User detailing the Subscription Services.
Payment Facility means any payment facility accepted by Cool+ from time to time.
PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
Permitted Purpose means the User accessing the Platform and Using the Resources for personal, non commercial educational or teaching purposes , including in the capacity of an educator, parent or student.
Platform means the web-based application where Resources are made available for Use by Users and which can be accessed via the website located at [insert] as updated and modified by Cool+ from time to time.
Resource means any material, content or Data created, developed, licensed or owned (whether in part or full) by Cool+, including lesson plans, online courses facts sheets, infographics, work sheets, student worksheets, teacher explainers, videos, how-to's and podcasts in relation to Australian school education, and which is made available for access, use and download on the Platform, and Resources has a corresponding meaning.
Subscription Commencement Date means the commencement date set out in the Order or, if no date is set out in the Order, the earlier of:
1. the date the User confirms its acceptance of the Order either in writing or electronically; and
2. the date the User first uses the relevant Subscription Services.
Subscription Level means the subscription level or type of subscription that the User purchases from Cool+ from time to time, as set out in the relevant Order or otherwise agreed with Cool+.
Subscription Services means the services described in clause 2.2.
Subscription Term means the period of time during which Cool+ will provide the Subscription Services to the User, as set out in clause 2.3.
Term means the period described in clause 11.1 of this Agreement.
Third Party Application means any product, service, system, application or internet site that is integrated or interfaced with the Platform or otherwise interacts with the Platform and that is owned or operated by a Third Party Provider.
Third Party Provider means any third party that provides services, support, technology and/or other products or services that are used by a person (including the User) in connection with the Platform.
Trial Access is defined in clause 3.1(a) of this Agreement.
Use means to access, use and download the Resources and store the Resources on any device of the User, and Using has a corresponding meaning.
User Data means all information, communications and other data uploaded by the User to the Platform or collected or processed by Cool+ as a result of Cool+ providing the User access to the Platform, including personal details such as name, address, date of birth, location, and email address.

Terms of Use - Cool+ Platform

Cool.org (Cool Australia) Website Terms and Conditions