Terms of Use – isEducation Platform

Last updated: 19 June 2025

These Terms of Use govern your access to and use of the isEducation Platform.

By registering to use the isEducation Platform, or accessing and/or using the isEducation Platform, you agree to be bound by and comply with these Terms of Use.

These Terms of Use apply in addition to any terms and conditions that apply to your access to or use of any Accessed Products.

In these Terms of Use, references to “you” or “your” are to the person or school that is accessing and/or using the isEducation Platform, and references to “we”, “us”, “our” or “ISV” are to Independent Schools Victoria Limited.

1. Definitions and interpretations

1.1 Definitions

In these Terms of Use, unless the contrary intention appears:

  1. Accessed Products means the products, applications and services you access from time to time through the isEducation website (such as isLearn, isConnect, isComply and isAnalyse).

  2. Agreement means the agreement for our provision of, and your access to and use of, the isEducation Platform, which includes these Terms of Use and the Privacy Policy.

  3. Authorised User means a person who is authorised by a person or school that has a User Account to access or use the isEducation Platform using that User Account.

  4. Intellectual Property Rights includes all present and future copyright and neighbouring rights, all proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, confidential information (including trade secrets and know how), registered designs, circuit layouts, and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

  5. isEducation Platform means the isEducation website and the Accessed Products.

  6. Personal Information has the meaning in the Privacy Act.

  7. Privacy Act means the Privacy Act 1988 (Cth).

  8. Privacy Policy means ISV’s privacy policy available at https://is.vic.edu.au/privacy-policy/, as updated by ISV from time to time.

  9. User Account means an account registered with ISV which entitles the registered person or school (and, if applicable, their Authorised Users) to access and use the isEducation Platform in accordance with and subject to these Terms of Use.

1.2 Interpretation

In these Terms of Use, unless the context otherwise requires:

  1. 'includes' means includes without limitation; and

  2. a reference to any legislation includes subordinate legislation under it and includes that legislation and subordinate legislation as modified or replaced.

2. ​Fees

2.1 isEducation Platform

Subject to clause 2.2, unless otherwise notified to you in writing, no fees are payable by you for your access to or use of the isEducation Platform.

2.2 Accessed Products

Fees may be payable by you for access to or use of an Accessed Product.  Such fees will be set out in the terms and conditions relating to the Accessed Product or otherwise notified to you in writing.

3. Use of isEducation Platform

3.1 Terms of Use

You must only access and use the isEducation, the Accessed Products and any associated material we make available to you through or in relation to the isEducation Platform, in accordance with these Terms of Use and any other terms and conditions that apply to the Accessed Products.

3.2 User Accounts

  1. You must register your details to obtain a User Account (or be an Authorised User under a User Account) before accessing or using the isEducation Platform.

  2. You are responsible for managing your User Account and login and, where applicable, issuing and managing any logins to Authorised Users to use your User Account.

  3. Only you or your Authorised Users may log into and use your User Account.

  4. You must keep your registration details, including user ID and password confidential and not share your login details with any person or otherwise allow any person to access the isEducation Platform using your login information.   You are responsible for all actions taken using your login details and, if applicable, the login details of your Authorised Users.

3.3 Unauthorised access

  1. You must use reasonable efforts to prevent unauthorised access to or use of your User Account.

  2. You must promptly notify us if you have any reason to believe that there has been any unauthorised use of your login details, password or User Account, or any other known or suspected breach of security.

3.4 Restrictions on use

  1. You must only use the isEducation Platform for lawful purposes. You must not post, upload, store or transmit to or via the isEducation Platform any content, information or material, or otherwise use the isEducation Platform for any activity, which breaches any laws or regulations, infringes a third party’s rights (including Intellectual Property Rights) or privacy, or is contrary to any relevant standards or codes, including generally accepted community standards.

  2. You must not transmit to or via the isEducation Platform any virus or other information or material or otherwise use the isEducation Platform in a way which:

    1. tampers with, hinders the operation of or makes unauthorised modifications to, the isEducation Platform;

    2. inhibits any other user from using the isEducation Platform;

    3. is unlawful or harmful, including breach of another person’s privacy, or defames, harasses, threatens, menaces or offends any person; or

    4. contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

  3. You must also not permit or enable another person to do any of the things in clause 3.4(a) or clause 3.4(b).

4. Collection, Use and Storage of Data

4.1 Collection and Use of Data

  1. By submitting any information to ISV (including uploading it to the isEducation platform), you and your Authorised Users (if applicable) agree that ISV may use, reproduce, adapt and modify and sub-license it for any purpose permitted by these Terms of Use or our Privacy Policy.

  2. You acknowledge and agree that we may disclose, publish (for example, in reports, papers, media releases and on websites) or communicate an anonymized and aggregated version of any information that you or your Authorised Users submit (other than Personal Information), and allow third parties to use and reproduce it for their own purposes.

4.2 Personal Information

  1. Our Privacy Policy also forms part of the Agreement. The information in our Privacy Policy about how ISV collects and uses Personal Information applies to any Personal Information we collect or receive in relation to your access to or use of the isEducation Platform.

  2. Whenever you give us Personal Information in relation to your access to or use of the isEducation Platform, you are consenting to the collection and use of this information in accordance with these Terms of Use and our Privacy Policy.

  3. You must ensure that your Authorised Users (if any) also consent to the collection and use of their Personal Information in relation to their access to or use of the isEducation Platform in accordance with these Terms of Use and our Privacy Policy.

  4. In addition to the matters set out in our Privacy Policy, by registering for, accessing or using the isEducation Platform, you consent to us collecting (including from your school is applicable), using, disclosing and storing your Personal Information, for the purposes of making the isEducation Platform available to you (including any improvement or development of the isEducation Platform).  Such Personal Information we collect may include your name, email, job title and contact details.

4.3 Security and retention of data

  1. If you or your Authorised User provides Personal Information to us, it will be securely stored on ISV's secured, encrypted cloud ecosystem in Australia, as described in our Privacy Policy. It will be password protected and accessible only to authorised personnel.

  2. ISV accepts no liability for any interference with or damage to your computer system, software, or data occurring in connection with or relating to your access to or use of the isEducation Platform.  You should take appropriate precautions (including use of appropriate and up-to-date firewall and anti-virus software) to ensure that whatever is obtained from the isEducation Platform is free of viruses or other contamination that may interfere with or damage your computer system, software or data.

  3. We will manage data breaches relating to any Personal Information in accordance with our Privacy Policy and as required by the Privacy Act.

4.4 Access to Personal Information

  1. You and any Authorised User may access your Personal Information that we collect in relation to your access to or use of the isEducation Platform. ISV will respond to all access requests and provide the requested information in a readable format. If any inaccuracies are found in the Personal Information that we hold, you have the right to request corrections.

  2. ISV will handle all data access requests in compliance with our Privacy Policy and as required by the Privacy Act.

5. Intellectual Property

5.1 ISV Owns Intellectual Property Rights

  1. As between you and us, we own all rights, title and interest in and to:

    1. the isEducation Platform, including any design, text, graphics, video, logos, icons, sound recordings and software relating to the isEducation Platform;

    2. any improvements, modifications, or adaptations made to the isEducation Platform;

    3. all documentation or other materials, content and services relating to the isEducation platform; and

    4. all data and information related to your access to and/or use of the isEducation Platform, including to compile statistical and performance information related to the provision and operation of the isEducation Platform.

  2. You grant us a worldwide, non-exclusive, perpetual, transferable, irrevocable, royalty free licence to use and sublicense any content, suggestions, comments and feedback about the isEducation Platform you provide to us or you otherwise upload on the isEducation Platform.

  3. You must not reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material from the isEducation Platform, including audio and video excerpts, except as permitted by statute or with our prior written consent.

  4. You must not use our name, trademarks or branding without our prior written consent.

6. Support, maintenance and changes

6.1 Our rights and obligations

  1. We may, at our option, provide assistance to you relating to the use of the isEducation Platform by you or your Authorised Users.  Nothing in these Terms of Use requires us to provide any implementation, configuration, training or other support or assistance services to you or your Authorised Users.

  2. We may conduct maintenance on the isEducation Platform, including updating the isEducation Platform, as we consider necessary from time to time in our discretion and such maintenance or updates may impact the availability of the isEducation Platform.

  3. We may make changes to the isEducation Platform at any time, subject to reasonable prior notice of any material changes. You acknowledge and agree that it may not be reasonably possible for us to provide prior notice of all changes in all circumstances.

6.2 Your obligations

You are solely responsible for providing the required internet connection and device / browser to access the isEducation Platform.

7. Suspension and Termination

7.1 Term of Agreement

The Agreement will commence on the date you first register for the isEducation platform or you or your Authorised User first accesses or uses the isEducation Platform, and will continue until terminated in accordance with these Terms of Use.

7.2 Suspension or Termination

  1. We may terminate the Agreement at any time by providing 30 days' written notice to you.

  2. We may also terminate the Agreement immediately if you breach any of your obligations under these Terms of Use and fail to remedy the breach within 14 days of receiving notice from ISV requiring you to do so. 

  3. We may suspend your access to the isEducation Platform and any support services or documentation related to the isEducation Platform at any time with or without notice to you if:

    1. we reasonably believe you are in breach of these Terms of Use;

    2. you are an Authorised User and we receive notice to do so from your school;

    3. you are an Authorised User and your school’s access is suspended or terminated; or

    4. otherwise at our discretion.

  4. Upon termination of the Agreement for any reason:

    1. you must immediately cease using the isEducation Platform; and

    2. you must return or destroy (as instructed by ISV) any materials or information relating to the isEducation Platform that is in your possession or control.

8. Warranties, Indemnities and Liability

8.1 Warranties by ISV

  1. To the maximum extent permitted by law, we do not represent or warrant that the content on the isEducation Platform is accurate, reliable, suitable, or complete. 

  2. We warrant that we will use reasonable care and skill in providing the isEducation Platform, however we cannot promise that the isEducation Platform will be continuously available or virus or fault free or that the isEducation Platform will provide any particular functionality or comply with any particular performance requirements.

  3. Except as provided in clause 8.1(b), all warranties, representations and guarantees, whether express or implied, are excluded to the full extent permitted by law.

8.2 Indemnity

  1. You agree to indemnify and hold harmless ISV, its officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with your use of the isEducation Platform.

  2. Clause 8.2(a) will survive the termination of the Agreement.

8.3 Liability

  1. To the maximum extent permitted by law, neither party will be liable to the other party for any indirect or consequential loss that does not arise as a direct result or naturally (that is, according to the usual course of things), as the probable result of the relevant breach or act or omission, including any loss of profits, goodwill, revenue, business opportunities, likely savings or data.

  2. To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result of your use of the isEducation Platform. To the maximum extent permitted by law, we make no representations or warranties of any kind (whether express or implied) relating to services provided through or via the isEducation Platform (including the Accessed Products), or the completeness or timeliness of any information or reports produced by or on the isEducation Platform.

  3. If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.

8.4 Links to third party sites

The isEducation Platform may contain links to third party websites. We do not make any representation or warranty as to the reliability or accuracy of any information on third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the third-party websites or the information, products or services provided at those third-party websites. You access those third-party websites and use the information, products and services made available at those third-party websites solely at your own risk.

9. General

  1. You may not assign or novate your rights and obligations under these Terms of Use without the prior written approval of ISV.

  2. No variation of these Terms of Use is binding unless it is agreed in writing and signed by both parties.

  3. These Terms of Use will be governed by the laws of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria, Australia in respect of all matters arising under or relating to them.

  4. The parties acknowledge and agree that nothing in these Terms of Use constitutes any relationship of employer and employee, principal and agent, partnership or joint venture between the parties.

  5. In the event of any conflict or inconsistency between these Terms of Use and our Privacy Policy, these Terms of Use will prevail to the extent of the conflict or inconsistency.

  6. We may make changes to these Terms of Use from time to time. Your continued use of the isEducation Platform is deemed acceptance of the updated terms.