This page sets out the Terms of Use (Terms) governing your use of the online service and delivery platform JADE including, for subscribers, use of JADE Professional. These Terms also govern your participation in any discussion groups or forums on the JADE site. The JADE and JADE Professional online services include software, services, materials and content available on the JADE and JADE Professional site (referred to collectively as "JADE").

You must comply and adhere to these Terms in order to access and use Jade. If you do not agree to these Terms, you do not have the right to access or use JADE. Your use of JADE (and any of its constitutive features, such as email notifications) constitutes your agreement to these Terms. By using JADE you acknowledge, accept and agree with the Terms, including the Privacy Policy, will apply to the use and treatment of your account information and your Content in accordance with these Terms.

This Agreement is between you (by which we include your servants and agents and any person otherwise acting on your behalf) and BarNetwork Pty Limited (ABN 32 092 121 198) with its registered office at 13/169 Phillip Street Sydney, Australia. (BarNet).

You acknowledge that JADE is in active development. You are hereby informed and you acknowledge that JADE may not be error free and may not always operate as intended.

Change to these Terms may be made from time to time. At any time and from time to time, BarNet may (without giving any reason or justification) in its sole discretion:

• Change, limit, suspend, or discontinue any aspect of JADE, including the availability of any feature, database or content.
• Change these terms and conditions.

However, if you have given BarNet a valid email address, and if sufficient time permits, BarNet may notify you of these changes before making them. BarNet will also announce changes on the JADE site. If BarNet does change the Terms you are free to decide to stop using the JADE services, your continued use of JADE after changes to the Terms take effect will constitute your agreement to the revised Terms.

1. To create a JADE account you will need to provide an email address and create a password (Account Information).
2. You must comply with these Terms and any additional acceptable use policies which BarNet may issue from time to time concerning the access and use of JADE.
3. You must keep any passwords secure and protected and not permit unauthorised persons to use those passwords to access JADE. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information. You will be responsible for all activities that occur under your account, including activities of others to whom you provide your Account Information.
4. You acknowledge and agree that your Account Information is the means by which BarNet identifies you for the purposes of access to JADE and that our systems will allow anyone who provides your username and password to access your JADE account including your Content in that account. BarNet will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
5. If you discover any unauthorised use of your JADE account or suspect that anyone may be able to access your Content, you should immediately change your password and notify the support team at jade-support@barnet.com.au.
6. You must not use or attempt to use JADE:
   (a) for any unlawful purpose or in a way that breaches another person's rights, including copyright or other intellectual property rights; or
   (b) in any way which, in the reasonable opinion of BarNet may damage, interfere or interrupt any part of the JADE service or the BarNet network, equipment and facilities.
7. You agree to indemnify BarNet against all costs, expenses, loss or liability that BarNet may suffer resulting from your breach of these terms or your misuse of JADE.
8. BarNet recommends that parents/teachers supervise children's access to material on the internet including material on the JADE site.

Without limiting your general obligations, you agree that the following terms and conditions will apply to any content including bookmarks, JADEmarks, tags, comments or other material which you may upload in any format or submitted by you to the JADE site (Content):

1. Apart from the rights you grant to BarNet in these Terms, BarNet acknowledges and agrees that BarNet does not obtain any right, title or interest from you under these Terms in relation to your Content.
2. For the purpose of the operation and maintenance of the JADE site you grant to BarNet a royalty free, non-exclusive, worldwide licence of the Content to allow processing, maintenance, storage, technical reproduction, back-up, communication and related handing necessary for the operation of the JADE service.
3. You are solely responsible for the Content that you upload to JADE.
4. You warrant that your Content is your own original work, is not defamatory, does not infringe any Australian laws and that you have the right to upload that Content to JADE and give BarNet permission to use that Content in accordance with these Terms.
5. Content uploaded by JADE Professional subscribers to their BriefCase, Personal Library, and for analysis are not public. All other contributions are public unless BarNet provides you with an option to choose to not make contributions public.
6. BarNet may from time to time need to contact you for administrative or verification purposes in relation to contributions submitted by you. For details of when and how we may contact you please refer to our Privacy Policy.
7. All material published on JADE is published at BarNet's sole discretion and may be edited, removed or not published by BarNet for any reason.
8. BarNet reserves the right to archive and republish all public contributions to the JADE site.
9. When you submit public contributions in any format to JADE you warrant to us that you have all necessary rights, including copyright, in the material that you submit and you grant to BarNet a non-exclusive irrevocable worldwide royalty free licence to use that material (including on all current and future versions of JADE and associated products and services).
10. In submitting public contributions for inclusion in JADE you do so on the basis that attribution of authorship of such contributions may not be included on JADE and will be subject to editorial policies of JADE.

You may access JADE through:

1. Free JADE Service: free of charge service; or
2. JADE Professional Service: this is a premium subscription fee based service which allows you access to additional features.

Codes and other Limited Offers

From time to time BarNet may offer access to the JADE Professional Service according to a special code or offer (Limited Offer). If you are accessing JADE Professional through a Limited Offer any separate terms and conditions presented to you with the Limited Offer will also apply to your access to the JADE Professional service.

JADE Professional Service

For subscribers to the JADE Professional Service the following additional commercial terms also apply to the use of JADE Professional.

(a) Term

When you sign up to JADE Professional you can choose to take a monthly subscription or a fixed term subscription (6 months or 12 months).

If you are not entirely satisfied with JADE Professional, you may terminate your JADE Professional subscription at any time. Simply send an email to jade-support@barnet.com.au.

We will process your request to cancel your subscription as soon as possible and it will take effect from the date of your notice to us.

If you are on a monthly subscription, we will refund your current month, even if it is on the last day of the month.

If you are on a fixed term subscription, we will refund the current month and the months remaining of your term.

In the month before your fixed term subscription is due to expire we will contact you to ask you if you would like to extend your subscription.

(b) Fees

You have two choices for payment, by credit card (AMEX, MasterCard or Visa) or by PayPal. Payments must be made in Australian Dollars.

When you sign up to a JADE Professional service you are agreeing that you will fulfill your obligation to pay for JADE Professional by the date on which the payment is due.

Credit Card transactions are processed by our ecommerce provider eWay. Our merchant provider is the NAB. We do not store credit card information on our own systems.

Monthly subscriptions will be processed on the monthly anniversary of the date on which you activated your subscription. Fixed term subscriptions are processed on the date on which you activate or renew your subscription. Fees are processed as follows:

• For credit card transactions, our provider, eway will process the relevant charge on your nominated credit card;
• For PayPal transactions, PayPal will process the relevant charge and forward the funds to BarNet’s PayPal account.

Of course our prices for JADE Professional don’t cover any third-party fees you incur in connection with using JADE Professional including charges for internet access from your internet service provider.

You can find the current prices for JADE Professional on the JADE website.

From time to time we may change the fees but we will send advance notice of these changes to you by email to the address in your Account Information. These changes will not apply until the expiration of your current billing cycle and will become effective the next time you would be charged for JADE Professional. If you do not agree with the new fees you may simply terminate your JADE Professional service.Our Responsibilities (warranties and disclaimers)

Whilst BarNet attempts to ensure that information included on JADE is accurate and reliable, because of the possibility of human and mechanical error and other factors BarNet does not accept any responsibility for any errors. If you find an error or a problem on the site please let us know at jade-support@barnet.com.au.

These Terms do not exclude or limit any guarantee, condition, warranty, right or liability implied into it by law (including by the Australian Consumer Law in the Competition and Consumer Act 2010), the exclusion of which would contravene the law or cause these Terms to be void ('Consumer Guarantees'). These Terms are to be read subject to such Consumer Guarantees.

BarNet does not give any guarantee, undertaking or, warranty that the JADE services and materials accessed through that service will be continuously available, uninterrupted or error-free and makes no warranties concerning JADE other than those set out in these terms.

BarNet's liability to you for breach of any term of these Terms or of any non-excludable consumer warranties is limited, at BarNet's option (and to the extent allowed by law), to repairing or re-supplying JADE or refunding any subscription payment you have made to BarNet which we will treat as the cost of re-supplying JADE.

BarNet will not be liable to you for any loss of data or corruption of data, information, revenue, profit or business opportunity or for any damage to goodwill or reputation which is suffered by you in any way arising from your use of or inability to use JADE.

You are responsible for making your own assessment of the suitability of JADE for your purposes and any information or advice generated from the use of JADE.

BarNet will not be responsible for any loss or damage arising from circumstances outside BarNet's reasonable control.

JADE may include links to third party sites and material. BarNet does not control those sites and is not responsible for the contents of any third-party sites, any links contained in third-party sites, any changes or updates to third-party sites, or their privacy practices, which may differ from those of BarNet.

If you are interested in making a link from your site to JADE, please contact jade-support@barnet.com.au

JADE contains proprietary material of BarNet and may contain material licensed from third parties which is protected by copyright and other laws. BarNet retains all rights in the JADE site and its materials included in the site.

JADE is made available for personal or internal business use only. You are granted a nonexclusive, nontransferable licence to access and use JADE for the purpose of your own research or study and for the provision of professional legal advice and services to your clients. You may not publish, transmit, sell or otherwise redistribute JADE for commercial purposes. Use of JADE via mechanical, programmatic or automatic devices or by manual processes to monitor or copy the pages or material on JADE is not permitted.

BarNet or third parties own all right, title and interest including intellectual property rights to JADE, including software and content. Software used on JADE is protected by applicable copyright, patent or other intellectual property rights of BarNet or third parties.

JADE may includes links to material on third party websites. Use of such material is governed by terms of use and copyright policies as set out on those sites.

You may not use JADE in any way that infringes the copyright or other proprietary rights in JADE including material accessed through JADE. You may not remove or obscure any copyright notice or other notice on JADE or on material accessed through JADE.

JADE, BarNet and the BarNet star device are trade marks of BarNet.
Except where otherwise specified the contents of the JADE site are protected by copyright.

It is BarNet's policy to maintain your privacy when you use JADE. Please read our Privacy Policy for more information. BarNet's privacy policy forms part of these Terms and use of JADE is subject to you agreeing to the terms of our Privacy Policy.

If BarNet reasonably believes it is necessary to do so to maintain or restore any part of the BarNet network we may temporarily suspend or restrict the JADE service.
BarNet may, without liability, immediately suspend or restrict your access to JADE if:

1. There is an emergency or other event outside our reasonable control which means that we are temporarily unable to provide JADE to you; or
2. You misuse JADE or fail to comply with your obligations as to the use and access of JADE as set out in these terms and conditions.

If any provision of this agreement is held to be void or unenforceable then such provision will be taken to be removed from this agreement. The remaining terms will continue to have full effect.

These terms and conditions will be governed by the laws of the State of New South Wales, Australia.

JADE, BarNet and the BarNet star device are all trade marks of BarNetwork Pty Limited
Copyright © 2012 BarNetwork Pty Limited (ABN 32 092 121 198) ("BarNet"). All Rights Reserved.