Last Updated January 2019

OVERVIEW

Stymie Pty Ltd has developed the following Terms of Use to ensure the successful implementation of our behaviour management tool known as Stymie and to ensure Stymie’s continued growth and protection of Stymie Pty Ltd, including trademarks and accurate presentation to students, employees and the public of the Stymie concept and associated services. If you do not agree to these Terms of Use please do not use the Stymie website or engage our services.

 

MEANING

For ease of interpretation and ease of flow/access we use the following words, including throughout this document:

  • Stymie/Stymie Pty Ltd: is inclusive of all staff and authorised representatives of Stymie.
  • The Organisation/Your Organisation: is inclusive of all staff, parents, students and authorised representatives of Your Organisation.
  • PAH: Principal Account Holder (e.g. Principal, Deputy Principal or Head of Welfare, Head of Faculty, CEO).
  • SNR’s: Stymie Notification Recipients (e.g. Heads of House, Heads of School, Heads of Year, HR Managers, Managers, CEO’s, Heads of Faculty).
  • Notifications: email notifications received from Stymie, accessed by PAH’s and SNR’s.
  • Stymie Website: any information available at stymie.com.au
  • Individuals: any person/individual outside of The Organisation/Your Organisation.

 

YOUR UNDERSTANDING

  • By clicking I agree when activating your membership, The Organisation has agreed to our Terms of Use, so please read them carefully.
  • By agreeing to our Terms of Use you have read and understand our Privacy Policy and therefore also warrant to Stymie Pty Ltd that your details are accurate and up to date and agree to the use of your data by Stymie.
  • By agreeing to our Terms of Use The Organisation confirms you have read and understand our Disclaimer.
  • The Organisation expressly understands and agrees that use of Stymie services is at The Organisation’s sole risk and that Stymie memberships and associated services are provided “as is,” and “as available.”

 

SCOPE AND USE

  • You warrant to Stymie shared email users (PAH’s and SNR’s) will only ever be current employees of The Organisation and any inappropriate use of the information obtained from Stymie Notifications will be solely The Organisation’s responsibility and liability. The purpose of Stymie is to provide a communication highway so that Stymie Notifications can be delivered to Your Organisation.
  • Personal email addresses are not to be used to receive Stymie Notifications. Doing so, will result in Your Organisation ‘s membership being terminated.
  • All care will be taken however, The Organisation’s passwords and the maintaining of confidentiality of user emails associated with The Organisation, are The Organisation’s responsibility. PAH’s and SNR’s may change their own passwords at any time.
  • Stymie takes utmost care but cannot accept responsibility for Stymie Notifications that have been interfered with by a third party.
  • All Stymie users, PAH’s and SNR’s must read, understand and agree to the Stymie Terms of Use.
  • Individuals who use Stymie technology to make a notification must do so in a lawful manner. It is a criminal offence to use a carriage service to deliver content that is menacing, harassing or offensive. Refer to Criminal Code Act 1995 (Commonwealth), Section 474.17(1). Using Stymie technology to commit an offence, may result in other agencies being engaged to conduct further investigations.

STYMIE NOTIFICATIONS

  • Stymie Notifications are not to be altered or added to, in whole or in part, in any way.
  • The decision to hold data from Stymie Notifications is solely The Organisation’s responsibility and in same keeping with any other data Your Organisation currently holds/archives regarding student or employee welfare.
  • Stymie Notifications are solely for PAH’s and SNR’s. Stymie Notifications are not to be shared, forwarded, printed, copied, CC’d BCC’d, or exported to the wider organisational community, except when used to support appropriate investigative procedures. These may include but are not limited to school/guardian conferencing, school and university/student conferencing, school/emergency services conferencing and school/teacher conferencing, employee/employer conferencing.
  • The Organisation is solely responsible and agrees to indemnify the Stymie Company for damages, claims, liability, for any Stymie Notifications (in part or in full), forwarded, printed, copied, CC’d BCC’d, or exported to the wider organisation community.

 

NO UNLAWFUL USE

  • The Organisation, PAH’s and SNR’s warrant to us as in your usual terms of employment, not to infringe upon the rights of any student or employee and you will remove the access to any user immediately The Organisation becomes aware of such, inclusive of any unauthorised or inappropriate use of Stymie Notifications, emails or any information available on the Stymie Website.
  • Individuals who use Stymie technology to make a notification must do so in a lawful manner. It is a criminal offence to use a carriage service to deliver content that is menacing, harassing or offensive. Refer to Criminal Code Act 1995 (Commonwealth), Section 474.17(1). Using Stymie technology to commit an offence, may result in other agencies being engaged to conduct further investigations.

 

REPRESENTATION

  • Upon receipt of Your Organisation’s payment and subsequent registration/membership, Stymie Pty Ltd will be the sole presenter of our product.
  • Your Organisation may use our authorised tutorials and presentations for students and staff in full, without limitation. Authorised presentations and tutorials are available at stymie.com.au
  • No person may sell, rent, modify, distribute, lease or create other works based on Stymie’s online tutorials, presentations, webinars or tutorials.
  • The Organisation, PAH’s, SNR’s, students, parents or staff of Your Organisation may not undertake to make or present unauthorised Stymie presentations.
  • Stymie Pty Ltd will provide The Organisation with updates and improvements to tutorials, presentations and website information as they become available.

 

PROPRIETARY RIGHTS

  • The Organisation acknowledges and agrees that Stymie Pty Ltd owns all legal right, title and interest in and to Stymie, including any Intellectual Property Rights which subsist in the Stymie, website and services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  • Unless Stymie Pty Ltd has agreed in writing with The Organisation, nothing in the Terms of Use gives The Organisation, The Organisation’s staff, parents of the Organisation, students of The Organisation a right to use any of Stymie trade names, trade marks, service marks, logos, domain names, and other distinctive brand features that belong to Stymie or any of its associates and affiliates.
  • The Organisation, employees, parents of students or students of the school will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the independence of the Stymie owners.
  • No one is permitted to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Stymie Pty Ltd’s website or software or any part thereof, unless this is expressly permitted or required by law, or unless The Organisation has been specifically told to do so by Stymie Pty Ltd, in writing.

 

MEMBERSHIP

  • The Organisation must not assign or sub-licence Stymie memberships.
  • Each membership is for a period of 12 consecutive months from the date payment has been received by Stymie.
  • Part memberships are not available.

 

RESPONSIBILITIES LIABILITIES AND WARRANTIES

  • The Organisation is responsible for any activities that occur under The Organisation’s membership including privacy of The Organisation’s delegated chosen Stymie Notification recipients (PAH’s and SNR’s).
  • The Organisation acknowledges that whilst Stymie continues to educate and encourage students and employees to make notifications the information your Organisation receives, depends on a number of factors outside Stymie’s control including quantity and flow of Stymie Notifications and technical difficulties with the Internet.
  • Your Organisation agrees that all liability Your Organisation incurs is Your Organisation’s responsibility and further agrees to indemnify Stymie for any claims, proceedings, actions, or liabilities made against Stymie as a result of Your Organisation’s membership and/or Stymie Notifications received.
  • Any material downloaded or otherwise obtained through the use of Stymie is done at The Organisation’s discretion and risk and that Your Organisation will be solely responsible for any damage to computer systems or other devices or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from Stymie or through or from the services shall create any warranty not expressly stated in the terms.
  • Stymie further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

 

LIMITATION OF LIABILITY

Stymie Pty Ltd, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

  • Any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
  • Any loss or damage, which may be incurred by you, including but not limited to loss or damage as a result of:
  • Any reliance placed by The Organisation on the Stymie Notifications and website accuracy.
  • Any changes that Stymie may make to the services, or for any permanent or temporary cessation in the provision of the Stymie services (or any features within the services).
  • The Organisation’s failure to provide Stymie with accurate user information.
  • The Organisation’s failure to keep user identification or account details secure and confidential.

 

TERMINATION OF MEMBERSHIP, FEES AND RENEWALS

  • Stymie reserves the right to terminate Your Organisation’s membership at any time without notice or reason if Stymie perceives that Terms of Use are breached. In the unfortunate event Stymie has ended your membership.
  • Stymie has no further obligation to Your Organisation. If Stymie does cancel your Organisation’s membership, The Organisation’s right to use Stymie ceases immediately despite any remaining months paid membership.
  • The Organisation may elect to discontinue use at any time.
  • Upon annual expiry Stymie is not obliged to continue your membership until such a time as payment is made in full. To discontinue Your Organisation’s membership please notify Stymie or do not renew.