Terms and Conditions Of Use

1. School Contract
- DEFINITIONS In this Agreement:
- Account means an account created by My School Connect at the request of a person for the purpose of allowing that person to accept offers of Goods and Services from You and make payments to You in respect of those Goods and Services.
- Account Holder
- Referring to a person who has opened an Account.
- Activity
- The act of offering a service or event operated by You which uses the My School Connect Management System to transmit an offer and receive payment.
- Agreement
- Makes reference to the agreement between You (the school) and My School Connect, comprising the Application, the terms and conditions and any Appendix.
- Appendix
- Attributes to an appendix to this Agreement which forms part of this Agreement.
- Application
- Means the application of which these terms and conditions form part. Authorised Manager means a person appointed as such by You in this Application or by written notice to My School Connects.
- Business Day
- Attributes to a day (other than a Saturday or Sunday) on which banks are open for general banking business in Sydney.
- Chargeback
- Referring to an amount transferred from My School Connect account due to a successful refund claim in the banking system by an Account Holder.
- Facility
- A service site, owned or managed by You which is responsible for providing Goods and Services and is listed in the Application.
- My School Connect
- The name referred to as the business service.
- The My School Connect Card System Card
- A card which is associated with an Account and integrated with the System and used by the card holder for the purpose of purchasing Goods or Services from a Facility using the Account.
- My School Connect Management System (or the System)
- Goods
- A reference made to food, beverage and other items supplied by You.
- GST
- A goods and services tax, or a similar value added tax, levied or imposed under the GST Law. GST Law has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Intellectual Property Rights
- Involves all intellectual property rights, including: patents, copyright, rights in circuit layouts, registered designs, trademarks; and any application or right to apply for registration of any of those rights.
- Law
- Covers any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or a local government, and includes the common law and equity as applicable from time to time, and any mandatory standards or industry codes of conduct.
- Loss
- A term that refers to loss, damage, liability, charge, expense, outgoing or cost (including all legal and other professional costs on a full indemnity basis) of any nature or kind.
- Management Fee
- A term given to that which is referred to in clause 16. Materials means menus, customisation options, pricing, delivery times and other details relating to the offer and supply of Goods and Services as notified by You to My School Connect from time to time.
- New Service Form
- A request by You to offer additional Goods or Services on the System, accepted by My School Connect, and added as an Appendix to this Agreement.
- Non-Excludable Guarantees
- This refers to any statutory implied guarantees provided under the Competition and Consumer Act 2010 (Cth) or any implied warranties provided under the Australian Securities and Investments Commission Act 2001 (Cth). Services means services performed by You.
- Software
- A term referring to the software provided used by My School Connect and also termed the System.
- Website
- This is the My School Connect website located at www.myschoolconnect.com.au.
- You and Your
- The terms referring to the customer organisation named in the Application and Your employees, agents and contractors.
- In this Agreement, any use of the verb includes, or of words such as for example or such as, do not limit anything else that is included in general speech.
2. RIGHT TO USE THE MYSCHOOLCONNECT MANAGEMENT SYSTEM AND LICENCE TO USE SOFTWARE
- 2.1 In consideration of payment of the Management Fee, My School Connect grants You during the term of this Agreement:
  (a) the right to use the My School Connect Management System; and
  (b) a non-transferable, nonexclusive licence to use and install the Software on Your equipment, in each case, in accordance with its terms of this Agreement for the purpose of offering Goods and Services in Australia to Account Holders.
3. WEBSITE AND SOFTWARE
- 3.1 The Website and all of the content on the Website is and remains the exclusive property of My School Connect.
- 3.2 The Website will have the functionality set out in this Agreement.
- 3.3 You acknowledge that there is no transfer of title or ownership to the Software or any modifications, updates and new releases thereto.
- 3.4 You acknowledge that My School Connect is not obliged to support the Software, whether by providing error-correction, modifications, new releases or enhancements or otherwise.
- 3.5 You agree that you will not, directly or indirectly (and will not allow others to):
  (a) copy the Software, except as necessary to install on Your equipment;
  (b) sell, lease, transfer, give possession of, or sub-licence the Software to others;
  (c) write or develop any derivative or other software programs, based, in whole or in part, on the Software.
4. YOUR OBLIGATIONS
- 4.1 You agree that you will not, and You will not allow any other person to, reproduce, modify or adapt the My School Connect Management System, the Website or its contents.
- 4.2 You agree that you will not, and You will not allow any other person to, use the My School Connect Management System, the Website or its contents:
  (a) so as to breach any Law, infringe a third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority; or
  (b) in connection with any information or material that may be, or that may encourage conduct that may be, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent. Policies and Procedures
- 4.3 In using the My School Connect Management System You agree to comply with all policies and procedures that are notified to You by My School Connect from time to time. Keep Confidential
- 4.4 You agree to keep confidential and secure against any improper or unauthorised access or use My School Connect any usernames, logins and passwords that are provided to You to access the Management System and Your Materials and not to allow any third parties to use such usernames, logins and passwords.
- 4.5 You agree to keep confidential any other information of My School Connect which is by its nature confidential or which is designated as confidential, including business processes, marketing activities, activities, affairs and business plans and current or potential clients and Account Holders of My School Connect. Harmful Material. You agree when using any module, that information derived from its usage is kept confidential and complies with national privacy laws and any other local jurisdiction you are operating in.
- 4.6 You agree not to transmit on or through the My School Connect Management System any material of any kind which contains a virus or harmful component. Equipment
- 4.7 You acknowledge that My School Connect will not provide or maintain the equipment required to access the System (such as computers, fax machines, telephone lines or internet connections), which is Your sole responsibility. Liability for Goods and Services
- 4.8 You acknowledge that the My School Connect Management System acts as a method for You to communicate offers to sell Goods and Services to Account Holders, and for Account Holders to accept such offers and to make payments in respect of the same. In particular:
  (a) the display of the Materials on the Website constitutes an offer to Account Holders to buy the Goods and Services displayed;
  (b) an order placed by an Account Holder through the My School Connect Management System (including the Website) constitutes acceptance of that offer and creates a legally binding contract between You and the Account Holder to supply the ordered Goods and Services at a Facility; and;
  (c) You retain sole responsibility for the quality, safety and supply of Goods and Services.
- 4.9 You agree to comply with all applicable Laws relating to the quality, safety and supply of Goods and Services (including the Australia New Zealand Food Standards Code and those Laws relating to the storing, supply, handling, preparing, transporting, labelling, distribution and manufacture of food).
- 4.10 You agree to maintain all necessary licences and approvals and authorisations.
- 4.11 You agree to maintain (and, where necessary, renew) appropriate insurance policies (including workers’ compensation insurance and public and product liability insurance). Authorised Manager
- 4.12 You may appoint a person or person to act as Authorised Manager by notice in writing to My School Connect.
- 4.13 My School Connect will provide Your Authorised Managers with a username, login and password to the Website for the purpose of viewing and modifying Your Materials and viewing other information relating to Your Facilities.
- 4.14 You agree to release, discharge and indemnify My School Connect from and against any claims, liabilities and expenses arising out of or in relation to Your Authorised Manager’s use of the System.
- 4.15 Schools that have opted to implement Single Sign On (SSO).
  (a) When adding any new parent or staff users (both the initial import and any subsequent additions), this profile data including any student data must be provided to My School Connect in the spreadsheet template provided and given sufficient time to upload these accounts before these users can log into and use the system.
  (b) Schools providing SSO services into MSC will need to notify My School Connect support staff immediately if the security of their systems that provide the SSO service are breached/compromised.
  (c) My School Connect is not liable for any loss or damage should the School’s system providing Single Sign On (SSO) into MSC is compromised or their user’s credentials are compromised.
  (d) My School Connect will reserve the right to discontinue providing further services for the School without any notice if it detects any security breaches.
- 4.16 At times, a contract may be established between an individual, school or organisation and a third party, with My School Connect serving as the payment facilitator for the transaction. Upon completion of the online transaction and receipt of payment, the responsibility for fulfilling the order lies with the third party provider. Should any issues arise with the order, the individual, school or organisation must contact the third party directly to initiate the resolution process. My School Connect takes no responsibility for orders between individuals, schools or organisations and third parties. My School Connect will not engage in any discourse.
5. My School Connect’s OBLIGATIONS Service
- 5.1 My School Connect agrees to provide You with timely access to orders placed on the My School Connect Management System and My School Connect Services and/or training and instruction to use the System.
- 5.2 My School Connect agrees to provide services to Account Holders in accordance with this Agreement, the Schedule to this Agreement and any Appendices.
- 5.3 My School Connect will provide all updates of the System to You when they become available and at no cost to You. If You request a specific change to the System, My School Connect will agree a specific quote with You prior to commencing any work. Keep Confidential
- 5.4 My School Connect agrees to keep confidential and secure against any improper or unauthorised access or use any of Your information that is, by its nature, confidential or that is designated as confidential including, business processes, marketing activities, activities, pricing, affairs and business plans and Your current or potential clients and customers.
- 5.5 My School Connect agrees to keep confidential and secure against any improper or unauthorised use any of Your Materials or Account Holder data (including but not limited to personal and credit card details and transactions) that are collected by the System. . Insurance
- 5.6 My School Connect must maintain (and, where necessary, renew) appropriate insurance policies (including workers’ compensation insurance and public and product liability insurance). Harmful Materials
- 5.7 My School Connect must not transmit on or through any of Your information technology systems any material of any kind which contains a virus or harmful component.
6. INTELLECTUAL PROPERTY RIGHTS
- 6.1 You acknowledge that this Agreement does not transfer any Intellectual Property Rights to You in the My School Connect Management System or its contents, except for the licence granted under clause 2.
7. My School Connect ACCOUNTS
- 7.1 My School Connect agrees to open and maintain Accounts at the request of any person for the purpose of allowing that person to accept offers of Goods and Services from You.
- 7.2 My School Connect will hold the balance of each Account and any amounts owing to You for purchases made but unsettled with an Australian Authorised Deposit-taking Institution.
- 7.3 Subject to Clause 7.8, My School Connect is responsible for ensuring that the balance of an Account is sufficient to pay for any Goods or Services purchased from You.
- 7.4 My School Connect may charge Account Holder’s fees from time to time. My School Connect will collect these fees from Account Holders by reducing the balance of their Account.
- 7.5 My School Connect has sole responsibility for the collection of fees from Account Holders.
- 7.6 My School Connect will be responsible for the payment of any fees and charges arising from the collection, transmission and refunding of funds from Account Holders, including, but not limited to, bank fees and merchant fees.
- 7.7 If an Account Holder has insufficient funds in their Account to cover fees or transactional charges, My School Connect will suspend their Account.
- 7.8 Where an Account has been suspended by My School Connect and the message to suspend the Account has been transmitted to Your server, You are solely responsible for collecting any consideration due in relation to any subsequent transactions which occur on that Account
- 7.9 My School Connect will provide the You with a weekly statement of all purchases made from Your Facility by Account Holders.
8. My School Connect’s ONLINE ORDERING SYSTEM
- 8.1 You agree to collect the online orders from the System in accordance with the procedures and Software provided by My School Connect and updated from time to time.
- 8.2 In the event of an internet or equipment failure at Your site, My School Connect will provide an email or fax-based method of receiving the orders.
- 8.3 My School Connect will make the day’s orders available to You as they are placed online.
- 8.4 You acknowledge that the fulfillment of the orders is Your sole responsibility, and in the event of an error in the supply of Goods or Services, You are responsible for resupplying the Goods and Services, or refunding the Account Holder for the value of the Goods and Services.
- 8.5 If My School Connect has transferred You consideration for any Goods and Services, and My School Connect incurs a Chargeback due to a failure by You to meet the obligations outlined in Clause 8.4, You agree to transfer an amount equal to the total Chargebacks and related fees to My School Connect within 2 days of My School Connect providing notification to You.
9. MY SCHOOLS CONNECT’S CARD SYSTEM
- 9.1 You are responsible for issuing, and re-issuing, cards to Account Holders.
- 9.2 You will provide My School Connect with the required details and technical specifications for any existing student cards for the purposes of utilising these cards in the My School Connect Management System. If changes to these specifications require development work by My School Connect. We will provide You with a quote for this work prior to commencing development.
- 9.3 My School Connect will allocate any purchases made with a card to the associated Account using the card number provided by the Account Holder, regardless of who actually makes the purchase and whether or not the person who makes the purchase using the card is an Account Holder.
10. TRAINING AND SUPPORT
- 10.1 My School Connect will provide You with instructions for Account Holders on the use of the System.
- 10.2 You will be responsible for disseminating the System instructions to Account Holders.
- 10.3 My School Connect’s staff will monitor the System and report faults to Your designated System contact.
11. PROMOTION AND MARKETING
- 11.1 You are responsible for the promotion of the System to potential Account Holders.
- 11.2 My School Connect will provide you with information in electronic form to promote the System.
- 11.3 You will be responsible for disseminating the System instructions to Account Holders.
12. LIMITATION OF LIABILITY
- 12.1 Nothing in this Agreement limits, excludes or modifies or purports to limit, exclude or modify any Non-Excludable Guarantees.
- 12.2 You acknowledge that My School Connect:
  (a) is a distributor of Your Materials and is not responsible for the content of Your Materials;
  (b) except for Non-Excludable Guarantees, makes no warranties or representations about the My School Connect Services Management System or its accuracy, reliability, completeness, currency, or ability to achieve any purpose;
  (c) except for liability for breach of any Non-Excludable Guarantees, is not liable for any loss or damage arising out of an Account Holder’s use of the My School Connect Management System;
  (d) does not warrant that You or the Account Holders will have continuous access to the System;
  (e) except for Non-Excludable Guarantees, does not provide any representations, warranties or guarantees in relation to the Software in any way whatsoever;
  (f) is not liable if the System is unavailable for any reason;
  (g) is not liable for any claims in relation to the Goods or Services, including their quality, merchantability or fitness for any particular purpose.
- 12.3 To the maximum extent permitted by law. My School Connect excludes:
  (a) from this Agreement all conditions, warranties and terms implied by statute, general law or custom, except any Non-Excludable Guarantees;
  (b) except for liability in relation to a breach of a Non-Excludable Guarantees, all liability to You for any loss (including, without limitation, loss of profits or opportunity and any indirect, special or consequential loss) or damage suffered as a result of claims by any third person, such as an Account Holder, or in connection with the services and this Agreement, even if: (i) My School Connect knew that loss or damage was possible; or (ii) the loss or damage was otherwise foreseeable; and
  (c) all liability for any negligent acts or omissions of My School Connect, its employees, agents and contractors arising out of, or in connection with, the services and this Agreement.
- 12.4 To the maximum extent permitted by law, My School Connect’s total liability to You for any and all breaches of this Agreement or any other matter for which liability is not validly excluded under this Agreement is limited, at My School Connect option, to any one of:
  (a) supplying again, the services in respect of which the breach occurred; or
  (b) paying to You an amount equivalent to any amount received from You in respect of the provision of the services to which the breach or liability relates.
- 12.5 Force Majeure Events:
  The Company will not be liable for any delay or failure to perform its obligations under this Contract for Services where such delay or failure is due to any event beyond the Company's reasonable control including but not limited to any of the following: natural disasters; national emergencies; government directives or restrictions; civil disorders; acts of war or aggression; acts of God; epidemics; pandemics (including but not limited to COVID-19); or similar occurrences (‘Force Majeure Event’).
  The Company will use all possible diligence and reasonable endeavours to remove the force majeure.
13. INDEMNITY
- 13.1 You agree to indemnify My School Connect against, and must pay My School Connect on demand, the amount of:
  (a) any Loss, claim, action, demand, fine, payment or legal liability which My School Connect pays, suffers, incurs or is liable for arising out of or connected with a breach by You of this Agreement or related to the offer and /or supply of Goods and Services under this Agreement, including
  (i) the death or personal injury of any person; or
  (ii) any breach of Law or infringement of a third party’s rights (including Intellectual Property Rights; or
  (iii) the supply, consumption of or failure to supply the Goods or Services; or
  (iv) any act or omission of fraud, dishonesty, recklessness or willful misconduct or misrepresentation; My School Connect Services
  (b) any tax and associated penalties which may be incurred by My School Connect (including any Goods and Services Tax) arising from the performance by You of Your obligations under this Agreement.
- 13.2 My School Connect agree to indemnify You against, and must pay You on demand, the amount of any Loss, claim, action, demand, fine, payment or legal liability which You pay, suffer, incur or are liable for arising out of or connected with a breach by My School Connect of this Agreement.
14. MARKETING AND ADVERTISING
- 14.1 You agree that in marketing or promoting the My School Connect Management System, My School Connect may use Your name or logo and You grant all necessary licenses to My School Connect to permit this.
15. PAYMENT
- 15.1 Each week, My School Connect will provide You with a statement of all transactions successfully completed during the preceding week and will electronically transfer the consideration in respect of those transactions into Your nominated bank account, less any Management Fees incurred during the week.
- 15.2 You are responsible for ensuring Your pricing reflects any GST payable in respect of the Goods and Services supplied by you, the assessment of and payment of any GST associated with the supply of Goods or Services by You and the provision of valid tax invoices. My School Connect is not be responsible for any GST payable in relation to Goods or Services supplied by You or the production of valid tax invoices.
16. MANAGEMENT FEE
- 16.1 You agree to pay a Management Fee at an agreed percentage of the aggregate price of Goods and Services through the My School Connect Management System during that week.
- 16.2 The Management Fee for each Facility will advised to you and My School Connect may amend the Management Fee from time to time.
- 16.3 My School Connect will provide You with a valid tax invoice for the Management Fee.
- 16.4 My School Connect may set-off any amount payable to You against any amounts payable by You to My School Connect (including the Management Fee).
17. SERVICE LEVELS
- 17.1 My School Connect agrees to perform the services to meet or exceed the service levels specified in the Schedule to this Agreement.
- 17.2 If, in any calendar month, My School Connect fails perform the services to meet any of the Performance Thresholds detailed in the Schedule, You may, within 10 Business Days of the failure, notify My School Connect in writing of the failure or failures.
- 17.3 If My School Connect fails to rectify the reported failure or failures within 7 Business Days of receipt of Your written notice, My School Connect will refund the Management Fee in respect of that calendar month.
18. TERMINATION
- 18.1 My School Connect may terminate the licence granted under clause 2 and remove Your access to and Your participation in the My School Connect Management System:
  (a) with immediate effect, if You breach any terms of this Agreement; or
  (b) at any time, by giving You 30 days written notice.
- 18.2 You may terminate this Agreement:
  (a) with immediate effect, if My School Connect breach any material term of this Agreement; or:
  (b) by giving 30 days written notice to My School Connect, in which case My School Connect will remove Your access to and Your participation in the My School Connect Management System.
- 18.3 On termination of this Agreement:
  (a) You must cease using and return to My School Connect, or destroy, all copies of any My School Connect materials in Your possession or control; and
  (b) Your access to the My School Connect Management System may be removed by My School Connect and You may be liable for reconnection fees if You wish to be later reconnected and My School Connect agrees.
  (c) My School Connect must cease using and return to You, or destroy, all copies of any of Your Materials in My School Connect possession or control.
- 18.4 If the Agreement is terminated within 365 days of the Agreement being signed and dated, My School Connect agrees to refund the value paid by You to My School Connect for the setup of the Online Ordering Canteen service, upon the return of the label printer to My School Connect.
- 18.5 If you close and cease your operations with MSC, MSC has the right to withhold the final withdrawal prior to the agreed end date in order to allow parents and customers the ability to query cancellations or returns or refunds. We will also check for any pre orders that may have been placed post the cessation date in order to refund and honour the funds. If a request is made post cessation and the final withdrawal has occurred, MSC reserves the right to disclose the information of the store operator to the person making a further claim. The operator agrees to indemnify MSC for any claims from this point.
19. MISCELLANEOUS
- 19.1 Any prices included as part of the Materials will be Your sole responsibility and risk.
- 19.2 My School Connect will provide a help desk for any queries for the purpose of answering queries from Your staff and Account Holders on the operation of the System. The operating hours of the help desk will be as advised by My School Connect from time to time.
- 19.3 My School Connect will use reasonable commercial efforts to maintain the My School Connect’s Management System.
- 19.4 You acknowledge that:
  (a) communications through the My School Connect management system are not secure and may be subject to interception and loss of data; and
  (b) You are responsible for Your network security.
- 19.5 My School Connect cannot guarantee that the My School Connect’s Management System will be free of errors or viruses.
- 19.6 My School Connect does not guarantee or warrant that Your existing equipment, hardware or software is compatible with the My School Connect’s Management System.
- 19.7 This document (including the Application, these terms and conditions and any Appendix) sets out the entire agreement between the parties in relation to its subject matter and all prior representations are excluded.
- 19.8 If My School Connect believes that there is a threat to the security, stability or operation of the System, My School Connect may suspend Your access to the My School Connect Management System in whole or in part at any time without notice or compensation where deemed necessary in My School Connect sole discretion.
- 19.9 Each party must pay its own legal costs and disbursements in relation to the preparation and execution of this Agreement.
20. VARIATION
- 20.1 Each time a new Facility or Activity begins using the My School Connect’s Management System, a new Appendix will be added to the end of this Agreement detailing the agreed requirements and fees. Each additional Appendix forms part of this Agreement.
- 20.2 You are responsible for notifying My School Connect of any changes to Your Authorised Managers, including additions, deletions or changes of details, in writing or via email
- 20.3 My School Connect may amend this Agreement at any time and from time to time by posting a revised version on the Website. Any such amendment to this My School Connect agreement.