It’s Rocket Science in a Box Terms & Conditions

Thank you for choosing our proprietary It’s Rocket Science in a Box resource kit to assist with your education initiatives.

These Terms and Conditions apply to our supply, your Subscription to and use of our It’s Rocket Science in a Box resource kit and any related goods and services.

Please review these Terms and Conditions carefully. Your application for a Subscription to our It’s Rocket Science in a Box resource kit constitutes your acceptance to these Terms and Conditions.

In these Terms and Conditions, we or us means Da-Gom Pty Ltd (ACN 611 390 482) trading as It’s Rocket Science Adventures and you and your means the organisation which purchased a Subscription of our It’s Rocket Science in a Box resource kit and all other organisations and individuals using our It’s Rocket Science in a Box resource kit under such Subscription. All terms beginning with capital letters are defined in clause 16 unless otherwise defined in these Terms and Conditions.

1. What we offer

   1. A Subscription to our It’s Rocket Science in a Box resource kit includes the following during the Subscription Period of your Subscription:
      1. unlimited access to the Resources through the Rocket Portal; and
      2. the supply of one (1) set of the Rocket Equipment for your use solely in conjunction with the Resources made available via Rocket Portal,

      solely for the Permitted Purpose.

   2. You may (at additional costs) request additional sets of Rocket Equipment to be included in your Subscription in accordance with clause 5.2. At the end of the Subscription Period of your Subscription, you will be required to return to us all Rocket Equipment (including any additional sets) in accordance with clause 9.9.
   3. Each Subscription is for either a term of one (1) month, one (1) school term or twelve (12) months. You may renew your Subscription for an additional Subscription at any time prior to your current Subscription expires, or by responding to our email alert for renewal in accordance with clause 9.

2. Getting Started

   1. Each organisation applying for a Subscription to our It’s Rocket Science in a Box resource kit will complete an online order form (or otherwise directed by us). If an organisation intends to purchase a Subscription to our It’s Rocket Science in a Box resource kit for use by it and other organisations under a Cluster School Arrangement, it must indicate such arrangement in the order form and list the details of all the organisations under the Cluster School Arrangement as required by the order form (or by us). We reserve the right to accept or deny your application for the Subscription at our discretion.
   2. Each organisation which purchased a Subscription to our It’s Rocket Science in a Box resource kit will be required to create a customer account with us. Each organisation which is using our It’s Rocket Science in a Box resource kit under a Subscription for a Cluster School Arrangement is also required to create a separate customer account with us.
   3. By registering a customer account with us, we may require an organisation to provide personal information of a contact person (such as the name, email address, phone number of the contact person) and other information (such as the billing and delivery address). You warrant that all information submitted to us is true, accurate and up-to-date.
   4. If you register a customer account with us, we will require you to create a password for your customer account (which will allow you to access the Rocket Portal). If the holder of a customer account requires other Authorised Users under the holder’s Subscription to access the Rocket Portal, at the account holder’s request, we will issue to the account holder such other user names and passwords as are required to enable those Authorised Users to use the Rocket Portal.
   5. You must at all times ensure that all user names and passwords are kept secure and confidential. You must not allow your user name or password to be used by any third party, or otherwise permit any third party to access your account at any time. You will be solely responsible for any misuse or abuse of your user name, password or person details for anything that results from the use of your customer account (including any Subscriptions purchased under the account). You agree to indemnify us against any loss or claims arising from the unauthorised use of your user name and password.
   6. You will immediately notify us of any suspected or actual unauthorised use of your account, disclosure of your user name or password or any other security breaches.
   7. We reserve the right to deny, restrict, suspend or close any customer accounts if you are in breach of these Terms and Conditions.
   8. You must at all times during the Subscription Period supervise and control the use of all components of our It’s Rocket Science in a Box resource kit, including the Rocket Portal, the Resources and the Rocket Equipment in accordance with these Terms and Conditions. You must ensure:
      1. only Authorised Users have access to our It’s Rocket Science in a Box resource kit;
      2. all Authorised Users are made aware of these Terms and Conditions and comply with these Terms and Conditions; and
      3. all students using the Rocket Equipment are supervised by an Authorised User.

3. Access to the Rocket Portal

   1. Subject to you complying with these Terms and Conditions, including payment of all relevant fees, we grant to you from the Commencement Date a limited, non-exclusive, non-sublicensable, non-transferable licence to access and use the Resources and the Rocket Portal hosted by us solely for the Permitted Purpose during the Subscription Period.
   2. The Rocket Portal is a web based application and none of its source or object code will be made available to you.
   3. Subject to these Terms and Conditions, we will host the Rocket Portal and use reasonable endeavours to provide you with access to the Rocket Portal with a service availability of 95% uptime during Business Hours. You should be aware and agree that access to and use of the Rocket Portal may be temporarily suspended for scheduled or urgent maintenance work conducted on the server which hosts the Rocket Portal. We will give you prior notice for any scheduled maintenance sessions and where practicable notify you in relation to any urgent maintenance services. We will use reasonable endeavours to conduct the maintenance services outside Business Hours.
   4. You must not and must ensure all Authorised Users do not (even after the termination or expiry of these Terms and Conditions):
      1. remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the Rocket Portal;
      2. remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within the Rocket Portal;
      3. create a deep-link to the Rocket Portal for any purpose unless expressly authorised in writing by us;
      4. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the Rocket Portal, and must not use such processes to download or access any information (including contact information of any other user of the Rocket Portal);
      5. engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of the Rocket Portal, unless expressly authorised in writing by us;
      6. attempt to or actually access the Rocket Portal by any means other than through the interfaces provided by us;
      7. remove, cover or otherwise obscure any form of advertisement included on the Rocket Portal;
      8. interfere with or disrupt the availability of the Rocket Portal, including but not limited to any servers or networks connected with the Rocket Portal; or
      9. decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the Rocket Portal, in whole or in part.

4. Use of Resources available on the Rocket Portal

   1. All Resources form part of our Confidential Information. In addition to the obligations set out in clause 11, you may only use any Resources strictly for the Permitted Purpose.
   2. You must not and must ensure all Authorised Users do not (even after the termination or expiry of these Terms and Conditions):
      1. copy, collect, use, duplicate, reproduce, adapt, modify, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any Resources, except as permitted under these Terms and Conditions; or expressly authorised by us; and
      2. utilise any Resources to provide any commercial service including any service that is competitive with us.
   3. We reserve the right to add, substitute, upgrade, modify or delete the Resources at our sole discretion and at any time, without prior notice to you.
   4. We have made reasonable endeavours to ensure that the Resources are accurate. However, you acknowledge and agree that:
      1. the Resources may not reflect entirely the requirements of educational curriculums or syllabuses in the state or territory in which you are located; and
      2. subject to clause 13 and to the extent permitted by law, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to the Resources.
   5. We may include links providing access to other websites in the Rocket Portal. You acknowledge that we are not responsible for the accuracy of the information contained in these third party websites and we do not endorse any features, content, advertising, products or any other materials, and such information does not form part of our Resources or content. You should review any applicable terms and the privacy policy of a third party website before using that website or providing any information. You agree and acknowledge that you access and use third party websites entirely at your own risk.

5. Supply of the Rocket Equipment

   1. Your Subscription includes access to one (1) set of Rocket Equipment solely for use in conjunction with the Resources for the Permitted Purpose.
   2. If you would like to order additional sets of Rocket Equipment to be included in your Subscription, you may do so at any time during your Subscription by contacting us in writing. We will, subject to the availabilities of the Rocket Equipment, supply you with such additional sets of Rocket Equipment upon payment of the relevant Additional Equipment Costs. The full Additional Equipment Costs will be payable even if you place your order for such additional sets of Rocket Equipment after the Commencement Date of your Subscription.
   3. You agree and acknowledge that all Rocket Equipment (including any additional sets) remains our property. You will need to return all Rocket Equipment upon expiry of your Subscription in accordance with clause 9.9.
   4. Despite the fact that title of all Rocket Equipment remains with us, you will bear all risks of loss or damage to the Rocket Equipment once the Rocket Equipment is delivered to you or whilst it is in your possession. You agree and acknowledge that you may be liable for up to a charge of $1000 (exclusive of GST) for any loss or damage to each set of Rocket Equipment.
   5. We will deliver the Rocket Equipment once full payment of the Annual Subscription Fees, and where applicable the Additional Equipment Costs, and all applicable charges (including, where applicable, charges for delivery, freight, insurance or any other tax) have been received by us.
   6. Any timeframes quoted by us for delivery of the Rocket Equipment are estimates only and will not be of the essence of these Terms and Conditions, or otherwise confer any right of cancellation of an order on you. We will not be liable for any loss or damage directly or indirectly sustained by you as a result of our failure to deliver by a particular delivery date.
   7. The Rocket Equipment will be delivered by Australia Post or a delivery service provider selected by us. You agree to accept delivery of the Rocket Equipment at any time during Business Hours. If you do not, or indicate to us that you will not, take or accept delivery, then the Rocket Equipment will be deemed to have been delivered when we were willing to deliver it.
   8. If no one is available to receive the Rocket Equipment, you may be required to pick up the Rocket Equipment at the post office or a place nominated by Australia Post or our delivery service provider. If you fail to pick up the Rocket Equipment, or if you provide specific delivery instructions (for example, for the Rocket Equipment to be left at your nominated address without acknowledgement of receipt), we will not be liable or responsible for any loss or damaged to the Rocket Equipment whilst the Rocket Equipment is at the post office or the premises of our delivery service provider, or your nominated address.
   9. We may suspend or cancel delivery of the Rocket Equipment and cancel your Subscription if we reasonably believe that the Rocket Equipment may cause injury or damage (including for technical, scientific, medical or efficacy reasons), in which case clause 9.6 applies. No such suspension or cancellation will in any way constitute admission of liability or fault on our part.

6. Use of Rocket Equipment

   1. You must use and ensure each Authorised User uses the Rocket Equipment in conjunction with the Rocket Portal and Resources solely for the Permitted Purpose during the Subscription Period.
   2. You must exercise and ensure all Authorised Users and students exercise all due care and diligence when using the Rocket Equipment. All use of the Rocket Equipment must be in compliance with:
      1. these Terms and Conditions;
      2. any instructional manuals and information provided by us in relation to the use of the Rocket Equipment; and
      3. all applicable laws, regulations, requirements, permits of government authorities, including all safety and environmental requirements.
   3. You must not provide the Rocket Equipment to any organisation or persons which or who are not authorised to use the Rocket Equipment under your Subscription. If you are required to transfer the Rocket Equipment to another organisation which is permitted under your Subscription to use the Rocket Equipment under a Cluster School Arrangement, you will entirely be responsible for the costs of such transfer.
   4. All Rocket Equipment must be kept and stored securely at the premises of your organisation. You may only use the Rocket Equipment at camp grounds of camps duly authorised by your organisation, in which case, you are entirely responsible for such use, including application for permits (where applicable).
   5. We reserve the right to modify, adapt or otherwise change any components included in the Rocket Equipment at our sole discretion and at any time, without prior notice to you.
   6. You must not modify, adapt or otherwise change any components included in the Rocket Equipment without our prior written consent.
   7. If you become aware of any faults or defects in the Rocket Equipment, please immediately notify us in writing and provide relevant details, including your equipment serial number and details of any defects.
   8. We will replace the Rocket Equipment (or any components) at our cost provided that:
      1. we have authorised the return of the defective Rocket Equipment in writing;
      2. the Rocket Equipment is returned through the delivery method specified by us (including using a postage pre-paid envelope or box provided by us) using our selected delivery service provider. You must provide us with a tracking number for such return; and
      3. the Rocket Equipment is returned on the basis that all risks to the Rocket Equipment remain with you until we receive the Rocket Equipment.
   9. We will not be responsible for any defects in the Rocket Equipment and you will be liable for all such defects if:
      1. the Rocket Equipment is being used for purposes other than the purposes for which it was intended;
      2. the Rocket Equipment has been modified without our written permission;
      3. the Rocket Equipment has not been used, stored or transported in accordance with our recommendations;
      4. such defects are caused by your failure to comply with these Terms and Conditions; or
      5. such defects are caused by misuse, vandalism, fire and other similar costs or solely by your acts or omissions or the acts or omissions of any third party.

7. Support

   1. We may from time to time provide advice or give recommendations to you with respect to using the Rocket Portal, the Resources or the Rocket Equipment. Any advice provided to you is provided strictly for general information purposes and should not be relied upon as specific educational or other advice to your particular needs.
   2. Our advice and recommendations are not intended to be professional educational advice. If you have any questions or issues with respect to how our It’s Rocket Science in a Box resource kit satisfies educational curriculums, syllabuses or implementation issues, always seek the advice of the relevant education standards authority in your particular state or territory.

8. Fees and Payment

   1. You agree to pay the following fees (where applicable) to us within seven (7) days of the date of the relevant invoice:
      1. the nominated Subscription Fee; and
      2. the Additional Equipment Costs.
   2. We will invoice you for the nominated Subscription Fee and the Additional Equipment Costs once we have accepted your application for your Subscription, renewal to your Subscription and your application for additional Rocket Equipment to be included in your Subscription (as applicable).
   3. We may vary the nominated Subscription Fee and the Additional Equipment Costs from time to time. Any changes will not affect your current Subscription and will apply to any Subscription (including any renewals) after the variation.
   4. All fees are inclusive of GST. The fees also do not include insurance or any other tax, tariff or duty unless expressly stated otherwise. You are required to pay (where applicable) these charges in addition to, and at the same time as, payment of the fees.
   5. All fees are inclusive of delivery of the Rocket Equipment within Australia, provided that we may, at our discretion, charge additional delivery fees for deliveries to certain parts of Australia.
   6. Unless expressly stated to the contrary, all payments must be made in Australian currency.
   7. If your payment is declined or reversed for any reason, we reserve the right to cancel any accepted Subscriptions.

9. Renewals, Cancellation and Termination

   1. At least thirty (30) days prior to the end of the Subscription Period for each Subscription, we will notify you by email that your Subscription will expire and provide information for renewal for a further Subscription period.
   2. To renew your Subscription, you must notify us in writing, in which case, the Subscription will be renewed for an additional period of either one (1) month, one (1) school term or twelve (12) months and you will be invoiced for the Annual Subscription Fee for the upcoming year. We will replace one (1) set of Rocket Equipment for the renewed Subscription and you will need to return the Rocket Equipment under your expired Subscription in accordance with clause 9.9.
   3. If your expired Subscription includes additional sets of Rocket Equipment, you will need to return such additional sets of Rocket Equipment to us in accordance with clause 9.9. Where applicable, we will supply to you any additional sets of Rocket Equipment requested by you to be included in your renewed Subscription in accordance with clause 5.
   4. If you do not select to renew, your Subscription will expire. However, you may subscribe again at any time and your customer account will be re-activated.
   5. You may cancel your Subscription and terminate this agreement at any time by written notice to us, provided that in the event of such termination, any fees previously unpaid or other amounts due become immediately due and payable and you will not be entitled to a refund of any Subscription Fees, any Additional Equipment Costs, or other amounts paid.
   6. We may cancel your Subscription and terminate this agreement at any time by thirty (30) days’ notice in writing. We will retain from the Subscription Fee and any Additional Equipment Costs an amount which covers the period from the start of the current Subscription Period up to the date of cancellation and any amount that is due and payable to us. The balance of any Subscription Fee and any Additional Equipment Costs will be refunded to you within thirty (30) days of cancellation.
   7. We may also cancel your subscription and terminate this agreement by immediate written notice if you are in breach of any of these Terms and Conditions or if you become insolvent, enter into liquidation or receivership or become subject to any form of external administration (other than for the purposes of a solvent reconstruction). In such event, we will not refund to you any payments made under this agreement.
   8. Upon the expiry or termination of this agreement or the cancellation of the Subscription for any reason you will no longer be granted access to the Rocket Portal. You must:
      1. at our option, return to us or destroy and certify the destruction of all copies of the Resources (paper or electronic) in your possession or under your control;
      2. subject to clause 9.9, return to us the Rocket Equipment within thirty (30) days of expiry or termination, and if you fail to do so, grant us or our agent access to your premises to reclaim possession of the Rocket Equipment.
   9. All Rocket Equipment must be returned to us through a delivery method specified by us (including using a postage pre-paid envelope or box provided by us), using our selected delivery service provider. If you do not return the Rocket Equipment using our delivery method, you will be responsible for the delivery costs. The Rocket Equipment is returned on the basis that all risks to the Rocket Equipment remain with you until we receive the Rocket Equipment. You must provide us with a tracking number for such return.
   10. Termination of this Agreement for any reason does not affect yours and our rights accrued or obligations arising prior to the termination. Clauses 3.4, 4.2, 9.8, 9.9, 10.1, 10.2, 10.3, 11, 12.1, 13 and 14 survive expiry or termination of this agreement for any reason.

10. Intellectual Property

    1. You acknowledge and agree that all intellectual property rights (including patents, copyrights and designs) in and to our It’s Rocket Science in a Box resource kit (including the Rocket Portal, the Resources, the Rocket Equipment and all related software and databases) and all trade marks (registered or unregistered) used by us in connection with our It’s Rocket Science in a Box resource kit, belong to us. Apart from the permitted use under these Terms and Conditions, you acquire no right, title or interest in or to any of the above by virtue of your Subscription or under these Terms and Conditions.
    2. If you provide feedback or suggest improvements to the design, function or use of any components of our It’s Rocket Science in a Box resource kit, you agree that all intellectual property to such feedback and suggestions belong to us and you assign all such intellectual property to us with effect from the date you first notify us of such feedback and suggestion.
    3. You agree not to take any action, and not to assist any person to take any action, that may jeopardise, limit, challenge or interfere with our ownership of, or rights with respect to, any component of our It’s Rocket Science in a Box resource kit or our trade marks.
    4. Without limiting any other provision of these Terms and Conditions, if the use of our It’s Rocket Science in a Box resource kit infringes the intellectual property rights of any third party, we may at our discretion, modify or rework such components (as applicable) so that such infringement is removed; procure the right for you to continue enjoying the benefit of your Subscription in accordance with these Terms and Conditions; or terminate your Subscription upon immediate written notice to you under clause 9.6 (where we do so, this will be our sole liability to you to the extent permitted by law).

11. Confidentiality

    1. 1. You must:
          1. use the Confidential Information only for the Permitted Purpose or as otherwise permitted by these Terms and Conditions;
          2. keep all Confidential Information in strict confidence and not provide, disclose, divulge or make available to or permit use or any part of such Confidential Information by any other person unless for the purpose of exercising your rights or complying with your obligations under these Terms and Conditions, or if legally compelled to do so by any judicial or administrative body;
          3. only permit access to the Confidential Information to those Authorised Users who must have such information for the performance of their duties and ensure such Authorised Users comply with the confidentiality requirements set out in these Terms and Conditions; and
          4. at our option, immediately cease use of, deliver to us or destroy all documents and other materials in any medium in your possession or under your control which contain or refer to any Confidential Information on the earlier of demand by us, expiry or termination of these Terms and Conditions for any reason.

12. Privacy

    1. Our Privacy Policy governs how we collect, use, handle and disclose any personal information you provide or disclose to us and forms part of these Terms and Conditions. You should carefully read and review our Privacy Policy and these Terms and Conditions with respect to the collection, use, handling and disclosure of personal information. These Terms and Conditions will prevail to the extent of any inconsistencies between these Terms and Conditions and our Privacy Policy.
    2. You agree and consent to us contacting you for direct marketing purposes subject to our Privacy Policy, such as to inform you about products and services that may be of interest to you. This consent is not limited in time unless you choose to opt out by notifying us in writing, or by utilising an “unsubscribe” facility on a communication we send to you, in which case, we will take steps to ensure you do not receive any such direct marketing information in the future.
    3. Cookies refer to small pieces of data which are stored on your computer. Cookies may be used to control the display of an advertisement, track your browsing patterns, to personalise information and record registration. You acknowledge that we may store one or more cookies in your browser or request your browser to transmit the data to the web server. Subject to our Privacy Policy, we reserve the right to use anonymous data acquired through cookies about our users for any business purposes.

13. Warranties and Limitation of Liabilities

    1. Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. Without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to the goods and services supplied by us under these Terms and Conditions.
    2. If you are a “consumer” under the ACL, the following notice applies to you:
       “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
    3. Subject to this clause 13, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded. We do not warrant that the Rocket Portal will be available at a particular time; will be provided in an uninterrupted or error free manner or will be corrected if found to be defective; that use of our It’s Rocket Science in a Box resource kit will not infringe the rights of any person; or that our It’s Rocket Science in a Box resource kit is fit for a particular purpose.
    4. You represent that you have not relied on any representation made by us which has not been expressly stated in these Terms and Conditions.
    5. Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of the goods, the cost of repairing or replacing the goods, the re-supply of the services or the cost of re-supplying the services.
    6. Subject to this clause 13 and to the extent permitted by law and, except as provided by these Terms and Conditions, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you, in connection with:
       1. your reliance on Resources on the Rocket Portal, including any errors, omissions, inaccuracies in the Resources;
       2. your use of or inability to use our It’s Rocket Science in a Box resource kit (including any components) or any defects in our It’s Rocket Science in a Box resource kit (including any components);
       3. our cancellation of your Subscription under these Terms and Conditions,

       whether at common law, under contract, tort or in equity, pursuant to a statute or otherwise.

    7. We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with your use of our It’s Rocket Science in a Box resource kit or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    8. To the extent permitted by law, our total liability arising out of or in connection with our It’s Rocket Science in a Box resource kit or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total fees paid by you under these Terms and Conditions.

14. Indemnity

    1. You release and indemnify us, our affiliates and our respective officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against us, whether on our own or jointly with you and whether at common law, in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) arising out of:
       1. a breach of your warranties or obligations under these Terms and Conditions;
       2. any negligent or other wrongful act or omission by or on behalf of you;
       3. any injury, death or illness of any person or property damage arising out of your use of any components of our It’s Rocket Science in a Box resource kit,
       4. and from and against all damages, reasonable costs and expenses incurred in defending, satisfying or settling any such claim, proceeding or demand.

15. General

    1. These Terms and Conditions are governed by the laws of Queensland, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
    2. We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on our website and will only apply to Subscriptions that take effect after the updated Terms and Conditions are published.
    3. You must not assign or novate any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
    4. Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    5. If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions will take effect (where possible) as if they did not include that provision.
    6. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
    7. If a dispute arises under these Terms and Conditions, neither of you or us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least fourteen (14) days.

16. Definitions

    1. In these Terms and Conditions, unless the contrary intention appears:
       ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
       Additional Equipment Costs means, in relation to a Subscription, the costs for additional sets of Rocket Equipment to be included in the Subscription, during the Subscription Period for such Subscription.
       Authorised Users means, in relation to an organisation which has purchased a Subscription, or those organisations which have the benefit of the Subscription under a Cluster School Arrangement, any persons engaged by the organisation as a teacher, whether as a full time or part time employee, or a contractor.
       Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia.
       Business Hours means 9.00am to 5.00pm Australian Eastern Standard Time on Business Days.
       Cluster School Arrangement means a group of schools, often based in regional or remote locations, which have agreed to operate as a “cluster” by sharing learning materials, relief teachers and other resources and developing shared learning projects and outcomes.
       Commencement Date means the date on which your Subscription takes effect.
       Confidential Information means:
       1. these Terms and Conditions;
       2. all information contained in or relating to the Rocket Portal, including all Resources;
       3. all know-how, technical and financial information, and any other commercially valuable or sensitive information in whatever form, including inventions (whether or not reduced to practice), trade secrets, methodologies, algorithms, formulae, graphs, drawings, samples, devices, models and any other materials or information of whatever description, which we regard as confidential, proprietary or of a commercially sensitive nature; and
       4. all information created, ascertained, discovered or derived directly or indirectly by you or on your behalf from any Confidential Information.

       The following are exceptions to such information:

       1. information which is lawfully in the public domain prior to its disclosure to you by us;
       2. information which enters the public domain other than as a result of an unauthorised disclosure;
       3. information which is or becomes lawfully available to you from a third party who has the lawful power to disclose such information to you on a non-confidential basis (as shown by contemporaneous written records); and
       4. information which is rightfully known by you (as shown by contemporaneous written record) prior to the date of disclosure.

       Information is not to be considered to be in the public domain for the purposes of this agreement unless it is lawfully available to the general public from a single source without restriction on its use or disclosure.
       GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
       It’s Rocket Science in a Box means a classroom resource kit as described in clause 1.1.
       Permitted Purpose means solely for teaching and education purpose provided by you for or on behalf of your organisation.
       Privacy Policy means our Privacy Policy, as amended from time to time, available at https://itsrocketscience.com.au/terms.
       Resources means all information, materials, contents and resources made available by us from time to time on the Rocket Portal, including photographs, instruction manuals, guidelines, lesson plans, resources packages, student worksheet, mapped lessons, templates and step-by-step videos.
       Rocket Equipment means our proprietary launch equipment and measuring devices.
       Rocket Portal means the online portal made available to you by us under the Subscription.
       Subscription means a subscription to our It’s Rocket Science in a Box resource kit for each one (1) month, one (1) school term or twelve (12) months’ period, as described in clause 1.1.
       Subscription Fee means the fee for the Subscription to our It’s Rocket Science in a Box resource kit for a one (1) month, one (1) school term or twelve (12) months’ period.
       Subscription Period means the period of time during which a Subscription to our It’s Rocket Science in a Box resource kit is current and, for the avoidance of doubt, includes, where applicable, any renewed Subscription in accordance with clause 9.2.
       Terms and Conditions means these terms and conditions governing your Subscription to, use of or access to our It’s Rocket Science in a Box resource kit, including the Rocket Portal, the Resources and the Rocket Equipment, and includes our Privacy Policy.

Contact us

If you need to contact us for any reason, please do so by emailing us at bookings@itsrocketscience.com.au.