Terms and Conditions

Please take the time to read these terms and conditions.  By using Our Website, the Services and information offered on Our Website you are agreeing to these terms and conditions.

By clicking “I agree to the Terms and Conditions” when you create an Account, you agree to be bound by these terms and conditions and any Policies, including any update or amendment made to these terms and conditions in accordance with this Agreement.

You also agree to familiarize yourself with and comply with any Policies relevant to your use of the Application, including but not limited to the Refund Policy and Privacy Statement.

The names Ultimate Schools and Ultimate Schools Web Application and Applications are registered trading names of Ultimate Schools Pty Ltd ACN 163 882 433

The Ultimate Schools Web Application (“the Application”) may only be used subject to these terms and conditions. Upon completion of the online registration as an Authorized User of the Application by you, you agree to be subject to these terms.  By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept these terms and conditions and agree to abide by the terms.   If you do not agree to these terms, you must not use or access the Application

1.0 Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

Client, You and Your  refers to you, the person accessing this website and accepting the Ultimate Schools Pty Ltd’s website terms and conditions.


The Company
, Ourselves, We and Us, refers to Ultimate Schools Pty Ltd.


Party
, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves.

The Website
 means the website www.ultimateschools.com.au And any subdomains relating to it.


Service
 means the transmission of orders and payment between the Parent/Teacher/Student and the Facility Provider, the Canteen, for the delivery of Food services.

Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

 

2.0 Acceptance of Terms and Conditions

You acknowledge that if you are a parent, or guardian, you may grant your child or ward access to the Application by allowing them to have a sub-login to your Account.  You also acknowledge that you take full responsibility for any actions taken by your child or ward and agree to ensure that they comply with these terms and conditions.

By clicking “I agree to the Terms and Conditions” when you create an Account, you agree to be bound by these terms and conditions and any Policies, including any update or amendment made to these terms and conditions in accordance with this Agreement.

You undertake to familiarize yourself with and comply with any Policies relevant to your use of the Application, including but not limited to the Refund Policy and Privacy Statement.

3.0 Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorize any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

4.0 Ultimate Schools Web Application

The Ultimate Schools Web Application sole responsibility is for the transmission of the order that was placed through the Web Application. The preparation and supply of the Goods lies with the Facility Provider.

You can purchase Goods from a Facility Provider using the Application.  Your Account will be debited with the cost of the Goods and the Fees.

Orders must be placed before the cut-off time notified to you through the Web App

Ultimate Schools will maintain electronic or other records for each Authorized User’s Account. These records will contain the name and contact details of the Authorized User to whom the login was issued, other information provided in the Authorized Users Ultimate Schools application and details of all transactions.

The Authorized User consents to the use of the Authorized User’s personal information for this purpose and acknowledges that it is the Authorized User’s responsibility to advise Ultimate Schools of any changes to the information provided in the Authorized User’s application (e.g. contact details).

The Authorized User acknowledges receiving a copy of the Ultimate Schools Privacy Statement. The current Ultimate Schools Privacy Statement can be viewed on the Ultimate Schools website. Hard copies can be made available on request.

Ultimate Schools may use personal information collected from Authorized Users for any other purpose mentioned in the Ultimate Schools Privacy Statement, including notifying Authorized Users of new services, changes to conditions of use and changes to or discontinuance of services, and for related market research.

When an Authorized User performs a transaction using the Ultimate Schools Application, the charge will automatically be debited to the Authorized User’s account.

For Prepaid accounts:

a)      For each prepaid account, Ultimate Schools will operate an Account for the purpose of accounting for all goods purchased and Fees;

b)     The Authorized User must make an initial prepayment and then maintain the account in credit by payment of top up increments. Top up increments must be $10.00 or greater (or such lesser amount as may be nominated by Ultimate Schools).

c)      Top-ups can be made in increments of $10.00. Beginning at $10.00 through to $60.00. With a maximum of $60.00 held in any one account at any time.

d)     Top Ups made via a credit card will incur credit card fees for the transaction.

e)      Authorized Users may authorize Ultimate Schools to automatically top up the account from a nominated credit card when the account balance falls to a nominated level;

g)     If for any reason any payment on a prepaid account is dishonored, Ultimate Schools will debit the dishonor plus relevant fees against the account.

h)      If for any reason a prepaid account falls into debit the account will automatically be suspended.

i)       The Authorized User will remain liable to pay any outstanding charges should the prepaid account balance be insufficient to meet all charges.

j)      Ultimate Schools may close a prepaid account at any time at its discretion or may refuse to accept an application for such an account.

Each time a login issued to the Authorized User is used to make a purchase, whether by the Authorized User or another person, the Authorized User’s account will be debited with the purchase amount.

If an account login is compromised or stolen, the Authorized User must notify Ultimate Schools in writing immediately and Ultimate Schools will suspend the account until investigation has been carried out. The Authorized User will not be held responsible for any charges that might arise from the use of the compromised account after the time the notification is received by Ultimate Schools. The Authorized User will be entitled to a refund of any unused amount on a compromised prepaid account.

5.0 Links to external websites

Ultimate Schools may provide links and pointers to Internet sites maintained by third parties from its Site. Such linked sites are not under the control of Ultimate Schools and Ultimate Schools is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. Ultimate Schools is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ultimate Schools of the linked site. Ultimate Schools is not responsible for the copyright compliance of any linked site. Ultimate Schools will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 6.0 Limitation of Liability

All of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

 7.0 Technical Support

Ultimate Schools Pty Ltd will provide telephone, email and online chat support to Users during specified times. These avenues of support may not be available during the Victorian School Holidays.

8.0 Upgrades

At its discretion, Ultimate Schools Pty Ltd may undertake upgrades of the Web Application and any or all of their documentation without notice.

9.0 Trademarks

Copyright in the material and trademarks on this Site are owned by Ultimate Schools Pty Ltd ABN 47 163 882 433 unless otherwise use of these trademarks is strictly prohibited except with Ultimate Schools Pty Ltd express, written consent.

10.0 Variation

Ultimate Schools Pty Ltd reserves the right to vary the Terms and Conditions and Policies from time to time by giving written notice of the variation to you.

11.0 No guarantees as to the service

Ultimate Schools Pty Ltd provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected and will use reasonable commercial efforts to maintain the Ultimate Schools Web Application.

Ultimate Schools does not guarantee continuous, uninterrupted or secure access to the Ultimate Schools Web Application, and the operation of the Application may be interfered with by numerous factors outside of our control.

You acknowledge that you are responsible for your network security.

Ultimate Schools cannot guarantee that the Ultimate Schools Web Application and Materials will be free of errors or viruses.

12.0 No guarantees as to security of your information

While Ultimate Schools Pty Ltd takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Ultimate Schools Pty Ltd systems or on Ultimate Schools Pty Ltd’s Site. Ultimate Schools Pty Ltd disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

 13.0 Information Collection

Client records are regarded as confidential and therefore will not be divulged to any third party, other than appropriate authorities if legally required to do so. Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

14.0 Passwords and Logins

To become a registered user, you must provide a password and a valid email address. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions. Your may also delete services attached to your registration at your convenience.

You agree to immediately notify Ultimate Schools Pty Ltd of any unauthorized use of your login name or any other breach of security known to you.

Whilst you are granted a login as a user of the Ultimate Schools Web Application you must not allow any other person to reproduce, modify or adapt the Application, the Website or its contents. You must not, and you must not allow any other person to, use the Application, the Website or its contents:

You are responsible for maintaining the confidentiality of the Account identification, password, and any other information specific to your Account.  This includes ensuring the ongoing security of such items by regularly updating your security information.

You must immediately report any unauthorized use of the Account to Ultimate Schools.

15.0 Termination

Ultimate Schools Pty Ltd reserves the right, in its sole discretion, to terminate or suspend your access to the Ultimate Schools Website and the related services or any portion thereof at any time, without notice.

Ultimate Schools reserve the right to terminate your account if a transaction has not been recorded for more than 6 months and the account balance is zero.

If there is a suspicion that the account is being used for unauthorized or illegal activity the account will be instantly deactivated.

Authorized Users may terminate this agreement by requesting the closure of their account via email to info@ultimateschools.com.au. In the case of prepaid accounts the Authorized User may also be entitled to a refund of any unused funds in accordance with refund clause.

16.0 Fees and Charges

When an Order is placed online, Ultimate Schools may charge you a Service Fee which is displayed to you prior to completing the Order.  You acknowledge that you accept this fee by completing an Order within the Application.

By accessing and using Ultimate Schools, you acknowledge that you accept the fees that Ultimate Schools Pty Ltd may charge. You are responsible for paying all fees associated with the services. All fees paid are non-refundable. Ultimate Schools reserves the right to revise the fee structure from time to time

 

17.0 Adding and Redeeming funds on your Account

You have the right to add funds to your Account at any time in accordance with the Ultimate Schools procedure set out herein.

Only when Ultimate Schools Pty Ltd is satisfied that the funds have ‘cleared’ from your financial institution, will your account be credited with the corresponding funds. Bank Transfer Funds may take up to 4 business days to clear depending on the Financial Institution, and Ultimate Schools takes no responsibility for the time that Financial Institutions take to transfer funds. Credit Card transactions will be cleared instantly to your account but will incur a Credit Card transaction fee.

We will advise you on the available payment methods available through the Web Application; these methods may vary from time to time, and are sometimes not within Ultimate Schools Pty Ltd control due to dealing with 3rd party financial institutions.

 

18.0 Chargebacks

If you add funds to your Account using your credit card or through your bank account you must not chargeback, cancel or de-authorize the credit card or bank account charge.

Should you breach the charge back clause, Ultimate Schools may, at its sole discretion, recover the cost of any Goods purchased by you and the amount of any Fees incurred by Ultimate Schools.  This will be achieved by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you

 

19.0 Expiration of Funds on your Account

Ultimate Schools Pty Ltd is not a licensed financial service provider, nor does it conduct the business of banking in Australia and Ultimate Schools Pty Ltd provides its services as a cashier using a payment processing service rather than a banking service as defined in the Banking Act 1959 (Cth).

Ultimate Schools Pty Ltd is not providing a financial product or service as defined in the Corporations Act 2001 (Cth) and nor is it acting as a fiduciary or an escrow with respect to your funds.

20.0 Payments that you make into your Ultimate Schools Account.

You can make a payment into your Ultimate Schools Account to buy Ultimate Schools Pty Ltd Credits.

Any monies that you deposit into your Ultimate Schools Account must be used to pay for Products you buy on the Sites.

Ultimate Schools Pty Ltd is not obliged to refund any monies that you deposit into your Ultimate Schools Account to buy Ultimate Schools Pty Ltd Credits to use as a Buyer. These Ultimate Schools Pty Ltd Credits in your Ultimate Schools Account, if not used for a period of 6 months, will be forfeited to Ultimate Schools Pty Ltd on the 6 month anniversary of that deposit. However, if you buy more Ultimate Schools Pty Ltd Credits by making a new deposit into your Ultimate Schools Account, before forfeiture of any unutilized Ultimate Schools Pty Ltd Credits, the balance of the payments that you have made into your Ultimate Schools Account (comprising both the new deposit and the balance of the previous Ultimate Schools Pty Ltd Credits) will be available for use by you for a period of 6 months from the date of the new deposit. To the extent that the new deposit is not used after the expiration of 6 months, it will be forfeited to Ultimate Schools Pty Ltd on the 6 month anniversary of that new deposit.

The 6 month time limit of funds within an account is limited to official Victorian School Terms only.

Ultimate Schools Pty Ltd may, but is not obliged to, warn you about the forfeiture before it occurs.

21.0 Account Closure

In the event of receiving a request from the Registered User to close their Account, Ultimate Schools will refund the remaining value of the credits to the nominated bank account of the Registered User.

Redemption of any funds located in your account can be carried out by logging into the www.ultimateschools.com.au  Web Application and clicking the ‘Close Account’ link .

All funds that are to be refunded by closing your account will be completed by a bank transfer, to the nominated Bank Account on the User Account at the time.

 

22.0 Refunds

Ultimate Schools Pty Ltd is simply an agent for the purchase of goods between the Registered User and the Service Provider and takes no responsibility for the delivery of Goods to the Authorised User or Account Holder.
In the event of a Registered User reporting to Ultimate Schools Pty Ltd either the failure of the goods being supplied or unsatisfactory upon receipt, then Ultimate Schools Pty Ltd will forward the details of the Registered User through to the Service Provider of the Goods.
If the Service Provider agrees to provide a full or partial refund, it is the responsibility of the Service Provider to; either refunds the customer directly, or to provide the refund value to Ultimate Schools Pty Ltd and have Ultimate Schools credit the customer’s account in registered credits.

Ultimate Schools Pty Ltd will not provide cash refunds to the customer for individual purchases.

23.0 GST

Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are inclusive of GST.

Ultimate Schools Pty Ltd will not provide a Tax Invoice to the recipient of a Taxable Supply unless requested to by the Recipient.  If the Recipient requests a Tax Invoice, Ultimate Schools will provide the Recipient with a Tax Invoice for the Supply within 28 days of the Recipient’s request.

24.0 Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.

However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

25.0 Indemnity

You agree to indemnify Ultimate Schools Pty Ltd against and must pay Ultimate Schools on demand the amount of:
a)      Any loss, claim or legal liability to the extent that the loss, claim or legal liability arises from or is connected with:

i.            a breach by you of these Terms and Conditions; or

ii.          the consumption of the Goods; or

iii.         the Goods not being provided;

b)     expenses of consultants and legal expenses on a full indemnity basis incurred by Ultimate Schools in connection with any claim under this indemnity; and

c)      Any tax and associated penalties which may be incurred by Ultimate Schools (including any Goods and Services Tax) arising from the performance by you of your obligations under these Terms and Conditions.

26.0 Governing Law

These Terms and Conditions are governed by the laws in force in Victoria, Australia.

 

 

 

 

 

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