SUBSCRIBER TERMS AND CONDITIONS

Please carefully read the terms and conditions set out below. They state:

(a)             how Subscribers may use the Maths Matters Resources Website (the “Website”);

(b)             the promises you and Bev Dunbar, trading as “Maths Matters (“we/our/us”) ABN 84 956 642 446 make to each other about the Website and its use; and

(c)             our limitations of liability.

For the purposes of these Terms and Conditions, the word “Subscriber” includes both individuals who have a current subscription to the Website and the Resources, and people working in or with a school that has a valid subscription.Terms & Conditions

1. Terms and conditions

1.1          These terms and conditions (the “Terms”) govern your use of the Website, including your access to and downloading of any teaching or other resources (the “Resources”) from the Website.

1.2          If you do not agree to be bound by these Terms, please do not use the Website or the Resources.

1.3          We may update these Terms from time to time. We will notify you if we do so. Once notified, you will be deemed to have accepted the revised Terms if you continue to use the Website or the Resources.

1.4          Our Privacy Policy  is incorporated into the Terms.

2. Licence

2.1          Subscribers may view, download and/or print Resources to assess their suitability for teaching purposes. If you are not already a subscriber, you can click here.

2.2          For clarity:

(a)           the licence in clause 2.1 is non-exclusive and non-transferable;

(b)           the licence in clause 2.1 supplements, and does not replace, any provisions in copyright legislation on which you may be able to rely to access or use the Website and/or the Resources;

(c)           making or downloading copies for class, and/or storing a Resource on a school’s intranet or cloud server is not licensed by Maths Matters but will generally be permitted under relevant copyright legislation, such as the Australian Copyright Act 1968 (Commonwealth) (for information on Part VB of the Australian Copyright Act, see http://www.copyright.com.au);

(d)           if relying on Part VB of the Copyright Act 1968 (Commonwealth) in Australia – and whether or not you are a Subscriber – you will need to ensure that copying or communication of the Website and/or any Resources are included in any survey or other record forms provided to Copyright Agency Limited (including any you may need to fill in during an Electronic Use Scheme survey).

3. The Website and the Resources

3.1          We retain all right, title and interest (including copyright) in the Website and in all components and elements of the Website (including the Resources).

3.2          We may change the Website and the Resources (including by removing or adding content, links and other URLs) and make the Website and/or the Resources inaccessible, or modify or upgrade the Website and/or the Resources at our discretion, without notice and without liability to you or anyone else.

3.3          If we enable you to post material on the Website (such as photos and/or comments):

(a)          you agree only to post material which you own or control and which does not infringe the rights of others and which does not breach any laws;

(b)          you grant us an exclusive, world-wide, perpetual, irrevocable, sub-licensable, transferable licence to use, reproduce, adapt, publicly perform and communicate to the public that material, including by any and all means and media (whether now known or existing in the future);

(c)         you promise that you have the right to grant such a licence and you promise that our use of the material in accordance with that licence will not infringe the rights of any person; and

(d)          you acknowledge that in exercising any rights granted by you to us under this clause we are not required to attribute you as the author of material, we may attribute others as the author of it, and

(e)          we may delete, edit, change or deal with that all or any part of that material in any manner (including for promotional purposes).

4. Further Promises and Indemnities

4.1          Except as allowed under relevant copyright legislation, you agree not to:

(a)          manipulate, change or otherwise alter, reproduce or adapt any of the Resources; or

(b)          reverse engineer, access the source code of, or otherwise deal with the Website or the Resources without our express written permission.

4.2          You also agree not to:

(a)          use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;

(b)          remove any copyright notice or metadata from any Resource (whether before, during or after downloading or printing out a Resource);

(c)          systematically download the Resources in aggregate quantities to store them for use after your subscription has expired;

(d)          take any action which imposes an unreasonable or disproportionately large load on the Website or our infrastructure;

(e)          disclose or share your password or log-in details with any other person or entity, or use your password or log-in details for any unauthorised purpose (including any purpose not authorised by relevant copyright legislation).

4.3         You agree to comply with all relevant laws relating to the use of the Website and the Resources.

4.4         You agree to indemnify us against any and all liability, loss, damage, cost or expense, caused by any breach by you of any provision of these Terms.

5. Subscribers

5.1         Only Subscribers may access the Resources, and only while their subscription is current.

5.2         Subscriptions are available on an annual basis, and your access to parts of the Website and to the Resources may be blocked if you do not renew your subscription by the relevant anniversary date.

5.3         We reserve the right, at our complete discretion, to:

(a)          change the subscription fee from time to time;

(b)          make the Resources available (including on a trial basis) to persons or organisations that are not subscribers or whose subscription has lapsed; and/or

(c)          terminate and/or suspend your subscription (and your access to the Website and/or the Website) for any reason, including for any breach of these terms and conditions.

6. Our liability is limited

6.1         Unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Website or the services supplied through this Website, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose. In particular, any express or implied recommendations on the Website and/or in relation to a Resource are of general application only, and may not apply to any particular teacher, class or child.

6.2         We do not make any warranties that the Website will be available, complete, uninterrupted or error-free.

6.3         To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Website or any other services provided by us are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to re-supply the services; or the payment of the cost of having the services re-supplied.

6.4         Maths Matters (including any directors, officers, agents, employees or contractors) will not be liable if you suffer any of the following, :

(a)          any direct loss; or

(b)          any indirect or consequential loss.

(c)          This will be the case even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable and includes any loss of profits, production, data, opportunity, goodwill or business interruption. This will also be the case however the relevant loss is caused and on any theory of liability (including contract or tort, and including negligence) that arises during and/or as a result of what we do or fail to do under this Agreement.

7. General

7.1         These Terms contain the entire agreement between you and us relating to the Website and supersedes any prior agreement. The validity, construction, breach and operation of these Terms shall be governed by the laws of and shall be adjudicated in the State of New South Wales.

7.2         In the interpretation of these Terms, unless the context otherwise requires:

(a)          words and phrases defined in the Copyright Act 1968 (Commonwealth) have the corresponding meaning in these Terms;

(b)          clause headings shall be disregarded; and

(c)          words importing the singular include the plural and vice versa.

7.3         This Agreement does not create any agency, partnership or employee/employer relationship between you and Bev Dunbar.

7.4         Any notices required or able to be given by us under this Agreement may be given by email to the email address you provide in your registration. Any notices required or able to be given by you may be sent to accounts@mathsmattersresources.com.

7.5         We may assign this Agreement and/or our rights and obligations under this Agreement without notice.