SCHOOLXPRESS TERMS AND CONDITIONS OF USE

SchoolXpress Services Agreement

 

As of 26 July 2021

 

  1. PLEASE READ THIS AGREEMENT CAREFULLY

 

1.1 The terms and conditions subject to which the SchoolXpress Services are provided are mentioned herein (‘Terms and Conditions’). The use of SchoolXpress Services by the User is subject to the Terms and Conditions contained herein. By using SchoolXpress Services you acknowledge that you have read this agreement prior to your use of SchoolXpress Services. Each time you use SchoolXpress Services you agree to be bound by these Terms and Conditions. SchoolXpress Services is a service provided by Ingenii Technology Pty Ltd.

 

  1. INTERPRETATION

 

2.1 All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.

2.2 Unless the context otherwise requires, a reference to one gender shall include a reference to all other genders.

2.3 Reference to any statute, regulation, by-law or any other law includes all other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

2.4 All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define, limit or affect the meaning of interpretation of these Terms and Conditions.

 

  1. GENERAL CONDITIONS OF SCHOOLXPRESS SERVICES

 

3.1 The User will be issued with a SchoolXpress Account immediately after successfully registering their details on any SchoolXpress Service.

3.2 Upon being issued with a SchoolXpress Account, the User will be provided with a Digital Wallet.

3.3 A Digital Wallet is a service offered by your Digital Wallet provider i.e., Ingenii Technology using devices deemed eligible by your Digital Wallet provider (each an “Eligible Digital Device”).

3.4 The Digital Wallet holds credits which can be used for registering orders or making donations on the SchoolXpress Service. Digital Wallet credits are purchased from Ingenii Technology. The Digital Wallet does not hold monies in any other format.

3.5 SchoolXpress Services are not transferable.

3.6 Ingenii Technology Pty Ltd (Ingenii) as owner of SchoolXpress Services reserves the right to suspend/discontinue SchoolXpress Services at any time, for any cause.

 

  1. 4. DIGITAL WALLET TERMS OF USE

 

4.1 The User may register any Mastercard or Visa Debit and/or Credit Card with the SchoolXpress Digital Wallet.

4.2 These terms apply to the use of your card with the SchoolXpress Digital Wallet.

4.3 By registering your card with the SchoolXpress Digital Wallet you agree to these Terms.

 

  1. USING YOUR DIGITAL WALLET

 

5.1 Registration of your card with the SchoolXpress Digital Wallet is subject to Ingenii as owner of the SchoolXpress Services identifying and verifying the User and is at our discretion.

5.2 The User may, at their discretion, purchase credits to use in the SchoolXpress Digital Wallet with their nominated Credit and/or Debit Card.

5.3 The purchase of one credit will be equal to, being no more or no less, one Australian dollar ($1 = 1 SchoolXpress credit).

5.4 Once the User purchases SchoolXpress Credits, these will be deposited into the User’s Digital Wallet.

5.5 A one-dollar purchase will result in one credit being deposited into the User’s Digital Wallet.

5.6 Upon the purchase of credits on the SchoolXpress Service/s, the User will then be able to make purchases from the various services provided by participating organisations, including but not limited to, canteen, book and uniform shop purchases.

5.7 SchoolXpress credits can also be used to make fundraising payments or donations to participating organisations at the organisation’s discretion using any and all SchoolXpress Services.

5.8 In the event that the User cannot or chooses not to purchase SchoolXpress credits via the SchoolXpress Services, the User may purchase Digital Wallet credits by contacting Ingenii directly.

5.9 Digital Wallet credits purchased directly through Ingenii are at the discretion of Ingenii and may only be allowed in exceptional circumstances.

 

  1. APPLICABLE FEES

 

6.1 All Debit and Credit Card purchases of SchoolXpress credits purchased via the SchoolXpress Services incur a credit/debit card processing fee charged by and at the discretion of the relevant payment provider.

6.2 SchoolXpress and Ingenii are in no way responsible for any credit/debit card processing fee/s charged as a result of purchases made via the SchoolXpress Services.

6.3 Any other applicable transaction fees are at the discretion of each participating organisation.

6.4 The SchoolXpress Services and Ingenii do not provide, in any way, a financial deposit taking account and do not hold any monies on behalf of the User.

 

  1. ORDER CANCELLATIONS

 

Canteen Order Cancellations

7.1 Any item pre-ordered from an individual organisation’s canteen shop through SchoolXpress Services may be cancelled by the user at any time prior to the cut-off time on the selected delivery date. The cut-off time is specified by the organisation. Credits for the cancelled items and associated transaction fees will be refunded to the user.

7.2 Any item pre-ordered from an individual organisation’s canteen shop through SchoolXpress Services may be cancelled by the canteen staff at any time prior to the end of the selected delivery date. Credits associated with the purchase are deducted from the user’s digital wallet at the time of registering the pre-order. Credits for any cancelled items and associated transaction fees will be refunded to the user at the time of cancellation.

Other Module Order Cancellations

7.3 For any other purchase made using SchoolXpress credits, an order is considered a completed purchase and will be processed at the time the order is made via the SchoolXpress Services.

7.4 A completed purchase cannot be cancelled. To cancel any order not covered by clause 7.1 above, the user must contact the organisation directly from which the order was made.

7.5 There are no fees applicable to cancelling an item as described in clause 7.1.

 

  1. ACCOUNT CLOSURE AND REFUNDS

 

8.1 The user may close their account at any stage via the SchoolXpress app ‘My Account’ section.

8.2 The User may then request a refund of any unused credits by emailing

[email protected].

8.3 Unused credits, whether purchased online or offline, are refundable in full.

8.4 Any fees incurred for the purchase of credits, whether online or offline, are non-refundable.

8.5 For a refund to be processed the User must state their account name, email address and

residential address to identify that the User is the owner of the account.

8.6 The User will be asked to provide their bank details for a refund to be completed.

8.7 Refunds will typically be processed within 5 working days.

8.8 Refunding purchased credits may, at the discretion of Ingenii Technology, incur an administration fee which will be withheld from the refunded amount.

 

  1. INACTIVE ACCOUNTS

 

9.1 Should the User’s account remain inactive i.e. No transactions on the User’s digital wallet for a period of 12 months, Ingenii Technology reserves the right to close the User’s account.

9.2 The User will be notified via the email account registered with the SchoolXpress Services before an account is closed and will be given a reasonable amount time to respond should they wish to keep the account open.

9.3 Should the User have unused credits in their Digital Wallet, they will be provided sufficient time in which to notify Ingenii Technology with the relevant information in order for a refund to be processed.

9.4 Any refund provided to the User will be in Australian dollars and will be equal to the dollar value of the number of credits remaining, less any administration fees. (Refer to section 8 regarding Refunds).

 

 

 

  1. CONFIDENTIALITY

 

10.1 The User specifically agrees that in order to facilitate the provision of the SchoolXpress Services, Ingenii as owner of the SchoolXpress Services may be required to disclose any information or particulars pertaining to the User to any authority, statutory or otherwise.

10.2 The User interfaces, graphics, logos, design, compilation, information, computer code, products, software, services, and all other elements of the SchoolXpress Services provided by Ingenii (the “Materials”) are protected by copyright, designs, patent, and trademark laws, international conventions and other applicable intellectual property and proprietary rights of either Ingenii and/or related Parties.

10.3 Any information relating to the User is generally used to provide the SchoolXpress Services, improve the SchoolXpress Services and otherwise. For a detailed overview of what kind of information Ingenii collects, stores, uses and shares we recommend reading the SchoolXpress Privacy Policy available on the SchoolXpress website.

 

 

  1. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

 

11.1 You agree by engaging with SchoolXpress Services that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.

 

 

  1. DISCLAIMER OF LIABILITY

 

12.1 Ingenii as owner of the SchoolXpress Services makes no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the SchoolXpress Services, which are not expressly mentioned herein.

12.2 Ingenii shall not be responsible for any acts or omissions of any third party with regard to services which are not expressly authorised by Ingenii.

12.3 To the full extent permitted by applicable law Ingenii shall only be liable for the obligations expressly set forth in this Agreement.

12.4 Users’ information is provided by the Users themselves. Ingenii makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information.

12.5 Except as expressly provided in this Agreement and to the full extent permitted by applicable law, Ingenii makes no warranty regarding the SchoolXpress Services or any products or services supplied by the Sellers under any Online Transaction, including to:

(a)the SchoolXpress Services meeting your requirements;

(b)the SchoolXpress Services being uninterrupted, timely or error free; or

(c)any products, information, materials or services obtained by you in connection with the SchoolXpress Services meeting your requirements.

12.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THE SCHOOLXPRESS SERVICES ARE PROVIDED ON AN "AS IS","AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED.

12.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SCHOOLXPRESS INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL ORPUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE SCHOOLXPRESS SERVICES.

12.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE SCHOOLXPRESS INDEMNIFIED PERSONS ARISING FROM THE SCHOOLXPRESS SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT SCHOOLXPRESS MAY DERIVE FROM SUCH TRANSACTION.

12.9 By using the SchoolXpress Services, the User acknowledges and agrees that SchoolXpress is not a bank or remittance agent and the SchoolXpress Services should in no way be construed as the provision of banking services or remittance services. SchoolXpress is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the SchoolXpress Services. SchoolXpress does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on the Platform Sites.

12.10 The SchoolXpress Services do not, in any way, hold monies on behalf of the User.

 

  1. INDEMNITY

 

13.1 The User agrees to indemnify, defend and hold Ingenii and/or related parties harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including and without limitation to legal fees and expenses, arising out of or related to the use or misuse of the SchoolXpress Services, any violation of these Terms and Conditions, or any breach of the representations, warranties, and covenants.

 

14 CHANGE OF TERMS

 

14.1 Ingenii as owner of the SchoolXpress Services has the sole discretion to change, add / or delete these Terms and Conditions.
14.2 Ingenii may modify, terminate and/or suspend the SchoolXpress Services to the User anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
14.3 Any amendment of these Terms and Conditions proposed by the User shall not be effective unless it shall be reduced to writing through an amendment form and accepted by the Ingenii Pty Ltd. Amendments made under this clause shall be deemed to be a part of these Terms and Conditions and in case of any contradiction the amendment form accepted by Ingenii Technology Pty Ltd shall prevail.
14.4 Changed Terms and Conditions will be displayed on the SchoolXpress website. By continuing to use the SchoolXpress Services, the User will be deemed to have accepted the changed Terms and Conditions.

 

  1. SEVERABILITY

 

15.1 If any part of these Terms and Conditions is adjudged illegal or inoperable for any reason, the same shall be severed from the remainder of the Terms and Conditions and only that portion of these Terms and Conditions that is specifically adjudged illegal or inoperable shall cease to govern the relationship between Ingenii Technology Pty Ltd as owner of the SchoolXpress Services and the User.

 

  1. JURISDICTION

 

16.1 The Courts of the applicable Australian State or Territory shall have exclusive jurisdiction in respect of any dispute regarding the use of the SchoolXpress Services including the interpretation and execution of these Terms and Conditions or any other document executed by the User or Ingenii with respect to the SchoolXpress Services.

 

  1. ADDITIONAL TERMS AND CONDITIONS

 

17.1 Any dispute with or complaint against any Merchant Establishment or financial services company or banks must be directly resolved by the User with the Merchant Establishment or financial services company or bank. It is clarified that Ingenii as owner of the SchoolXpress Services shall not be responsible or liable for any deficiency in goods and/or services purchased using the SchoolXpress Services. The User is instructed to satisfy themselves regarding the quality, quantity and fitness of any good and/or service before purchasing the same.

17.2 In the event of any dispute, Ingenii records shall be binding as the conclusive evidence of the transactions carried out through use of the SchoolXpress Services.

17.3 The User agrees to the Terms and Conditions and allows the SchoolXpress Services to open a SchoolXpress Digital Wallet upon the creation of a SchoolXpress Account.