TERMS & CONDITIONS

PLEASE READ THIS DOCUMENT CAREFULLY.

Maths Australia (“Maths Australia”, “we”, or “us”) provides physical and digital goods, live and recorded instruction, downloadable materials, placement tests and training services including massive open online courses (“Training”) (the “Services”), which enables end-users (“Customers”) to connect with resources for learning and teaching maths and other related education content and learning services through https://mathsaustralia.com.au and subdomains, and other media managed by Maths Australia (collectively, the “Sites”). These Terms of Use are entered into by and between you and Maths Australia, and together with the Privacy Policy and any other documents they expressly incorporate by reference, govern your access to the Sites, as well as any content or functionality of the services, whether as a visitor or a registered user.

These Terms of Use are entered into by and between Maths Australia and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User.

YOUR USE OF THE SITES, THE SERVICES, RELATED WEBSITES, AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

The Sites and Services are offered to you conditioned on your acceptance of these Terms of Use and all terms, conditions, and notices contained herein. Please read the Terms of Use carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE SITES AND YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED SUCH PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE SITES OR REGISTER FOR AN ACCOUNT.


1. Code of Conduct

In using the Services, you must behave in a civil and respectful manner at all times. Further, you agree not to use the Sites in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries); for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including but not limited to, exposing them to inappropriate content, asking for personally identifiable information; or to impersonate or attempt to impersonate Maths Australia, a Maths Australia employee, or any other user or person or entity. Maths Australia has the right, but not the obligation, to monitor all conduct on and content submitted to the Sites.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to services and prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. Refund Policy

5.1 Physical Products

If after reviewing your Math-U-See materials, you decide that our program is not for you, return it within 30 days and we will give you a full refund on the cost of the materials.

The following conditions apply:
(a) You have viewed our Introduction Demonstration with Steve Demme

(b) Your student/s have completed the free online placement tests, and you have followed the instructions to determine their current level of mastery

(c) You have contacted us within this 30-day period and have notified us of your desire to return the materials for a refund

(d) The materials are sent within 30 days of receipt , at your cost to:
Express Fulfillment
Attention : Maths Australia Stock Return
Return Number : ( as supplied )
12 Burdon Street,Dudley Park, SA, 5008


(e) The materials are received in perfect and resaleable condition, unmarked and unused.

This return policy does not apply to any product where the shrinkwrap has been removed.

5.2 Digital Products

Due to the nature of digital products, we are unable to provide refunds on any products that are delivered online. If you have specific questions prior to purchasing our Services, you can do so by emailing [email protected] and we can answer your questions. We go a lot of effort to explain in detail (with as much transparency as we can) exactly what to expect from our products and training. We hope you’ll do the same due diligence in choosing whether it’s the right product or service for you.

5.3 Training Events (Online and In-Person)

Due to the planning and organising of these training events we cannot offer refunds for cancellations.
However, we can accept exchange for store credit or postponing training to a later date.

6. Account Deletion

You may delete your account at any time. Accounts will remain active unless you explicitly ask us to delete it. Upon termination, all licenses and access granted by Maths Australia will terminate. In the event of account deletion for any reason, your program content, video access and downloadable content will no longer be available to you. Maths Australia is not responsible for the loss of such content.

7. Content, Licenses & Permissions

The content on the Sites, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "Content." Content uploaded, transmitted, or posted by Instructors or Students, is referred to herein as “User Content.”

User Content is and remains that User’s property, and Maths Australia's only right to that User Content is the limited licenses to it granted in these Terms of Use. The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Maths Australia. All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Maths Australia.

Your User Content is your responsibility. Maths Australia does not control or monitor User Content and, as such, does not guarantee in any manner the content, reliability, validity, accuracy, or truthfulness of such User Content, including but not limited to Content presented through the Services.

By using the Services, you may be exposed to User Content that you consider offensive, indecent, or objectionable. Maths Australia has no responsibility to keep such content from you and no liability for your access or use of any User Content to the extent permissible by law. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit without notice any User Content posted or stored on the Sites, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Sites.

7.1. Maths Australia's Limited License for Use of the Services

Maths Australia grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sub-licensed to anyone else. Except as expressly permitted by Maths Australia in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Maths Australia are reserved.

7.2 Your Limited License of Your User Content to Maths Australia

While Maths Australia does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future. By posting or distributing Content to or through the Sites, each User grants to Maths Australia, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. In doing so, the User represents and warrants that it owns and controls all of the rights to the User Content that it posts or otherwise distributes, and has the lawful right to post and distribute that User Content, to or through the Sites, and the use and posting or other transmission of such User Content does not violate these Terms of Use and will not violate any rights of or cause injury to any other person or entity.

7.3 Maths Australia's Limited License of Content to Users

Maths Australia grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites. For Users, this includes access and use of training materials, courses, downloads and content provided therein, for which they have paid all required fees. Such license is subject to these Terms of Use, and specifically conditioned upon the following:

  • Users may only view, copy, and print such portions of the Content for their own personal use;
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  • Users may not use any data mining, robots, or similar data gathering or extraction methods; and
  • Users may not use the Sites or Content other than for their intended purposes.

Except as expressly permitted above, any use of any portion of Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted herein, these Terms of Use, and your access to the Sites. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Maths Australia may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Users represent and warrant that their use of the Sites and the Content will remain consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Maths Australia at the address set out at the bottom of these Terms of Use.

7.4 Use of Interactive Areas and the Sites

The Sites may contain discussion forums, bulletin boards, review services, or other forums in which Users or third parties may post content, messages, materials, reviews, or other items on the Sites ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You represent and warrant that any content you submit to any Interactive Areas complies with these Terms of Use and that you own or control all rights in and to that content. Any content submitted to any public area of the Sites is non-confidential and non-proprietary. By using any Interactive Areas, you agree that the content must comply with all applicable federal, state, local and international laws and regulation, and agree not to post any content containing material which is defamatory, discriminatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. You also expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable federal, state, or local law;
  • Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise associates, infers, or misrepresents the User’s affiliation with a person or entity;
  • Any tool or service that imports content from any platform that prohibits such services from accessing its platform for this purpose.
  • Unsolicited promotions, political campaigning, advertising, or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers, unless that third party has expressly consented to such use and disclosure;
  • Viruses, corrupted data, or other harmful, disruptive, or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted, in Maths Australia's sole determination; and
  • Content that, in Maths Australia's sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose Maths Australia or its affiliates or Users to any harm or liability of any kind.

7.5 Spam

Finally, Maths Australia has a zero-tolerance policy towards unsolicited email or messages, commonly referred to as "spam." Users may not use any Interactive Areas or the Sites generally to send commercial or other messages to any third-party, within or outside of the Sites, if those messages are not solicited, authorised, or welcomed by the third-party, and in using the Sites, Users must comply with all applicable laws, including laws that apply in any jurisdiction, to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.

Any use of Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites. If you believe that your own User Content violates any law or regulation, is inaccurate, or poses any risk whatsoever to any third party, it is your responsibility to take any corrective steps you deem necessary. If you believe that any third party’s Content or any Maths Australia Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Maths Australia in accordance with the procedures that we maintain under our intellectual property policies as set forth in the section titled Intellectual Property.

8. Intellectual Property

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Maths Australia, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Users may not engage in any activity on or through the Sites, including transmitting or using User Content, that infringes or otherwise makes unauthorised use of another party’s copyright, trademark, or other intellectual property or proprietary rights. We will respond to legitimate requests made pursuant to the Online Copyright Infringement and Trademark law, and we retain the right to remove Content from the Sites that Maths Australia believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.

Be advised that misrepresentations of infringement could result in liability for monetary damages and that Maths Australia reserves the right to seek damages and indemnification from any party that submits a Notice of Claimed Infringement or Counter Notification in violation of the law. Consult an attorney before taking any action pursuant to the DMCA or to enforce trademark or other intellectual property rights.

Any Notice of Claimed Infringement and request for removal, and all Counter Notifications thereto, the requirements for which are listed below, should be sent to Maths Australia's Designated Agent by physical or electronic mail at:

Maths Australia
Attention: Designated Agent
Suite 295, 2/52 Currumbin Creek Road, Currumbin Waters, QLD, 4223, AUSTRALIA
Email: [email protected]

Please only use the above address for submitting the notices set forth in this Intellectual Property section. Any other correspondence about Maths Australia, the operation of the Sites, or any other matter should be sent to [email protected]

8.1 Notice of Claimed Infringement

If you believe in good faith that any Content has been used in a manner that infringes a copyright that you own or control, you may send a timely Notice of Claimed Infringement containing the following information:

  • A physical or electronic signature of the copyright owner, or person authorized to act on its behalf;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites, the easiest way being by providing us with the URL(s) leading directly to the allegedly infringing Content;
  • Your mailing address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

For claims of trademark infringement, send a notice to Maths Australia's Designated Agent containing the preceding information as applicable to your trademark or service mark, including the mark, registration number if applicable, basis for your trademark claim, jurisdiction in which you claim trademark rights, and class of goods or services and accompanying description for which you assert trademark rights. Please note that a copy of your notice will be sent to the party who posted the content you report as infringing.

8.2 Counter Notification

If we remove your Content in response to a Notice of Claimed Infringement, we will notify you and offer to provide you with a copy of such notice. If you believe your Content was wrongly removed due to a mistake or misidentification of the Content, you may submit a timely Counter Notification to our Designated Agent that includes the following information:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled;
  • A statement, made under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled; and
  • Your name, mailing address, telephone number, and email address, and a statement that you consent to the jurisdiction of the judicial district in which Maths Australia may be found, and that you will accept service of process from the party who submitted the Notice of Claimed Infringement, or its duly appointed agent.

Upon receiving an effective Counter Notification, Maths Australia will promptly forward it to the reporting party. If the reporting party fails to notify Maths Australia within ten (10) business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity, Maths Australia will consider, in our sole discretion, restoring eligible Content to the Sites.

Our policy is to remove any User Content posted to the Sites by any User for whom Maths Australia has received and acted on more than two takedown requests. Maths Australia has discretion, however, to terminate any User’s account and/or access to the Sites or Services after receipt of a single Notification of Claimed Infringement, or in Maths Australia's in sole discretion.

9. Third Party Communications

Maths Australia disclaims all liability for any communications directed to you from any third party directly or indirectly in connection with the Sites that you may receive and any actions you may take or refrain from taking as a result of such communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Maths Australia assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

10. Links to Other Sites

The Sites and posted User Content may contain links to third-party websites ("Third-Party Sites") and third-party content (“Third-Party Content”) as a service to those interested in this information. Maths Australia may also have relationships with third party service providers who handle certain functions for the Sites. Your use of links to Third-Party Sites and any Third-Party Content, or service provided on this Sites or a third party site, is at your own risk. Maths Australia does not monitor or have any control over, and makes no claim or representation regarding Third-Party Content or Third-Party Sites and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Sites. When you leave the Sites, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

11. Registration

To use certain Services, you will need to register and obtain a password-protected account. When you purchase a product, your account credentials will be automatically created and emailed to you. You agree to provide accurate and complete information when registering and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password, and for all activities associated therewith. Please contact us at [email protected] if you suspect your account was compromised or was used without your permission, and promptly take steps to secure your account.

To the extent permissible under applicable law, Maths Australia will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use or misuse of your account, either with or without your knowledge. In cases where you have authorised or registered another individual, including minor children under the age of 18, to use your account, you are fully responsible for the online conduct of such person, controlling that person’s access to and use of the Sites and Services, and the consequences of any misuse by that person.

12. Errors and Corrections

Maths Australia does not represent or warrant that the Sites or any services offered through the Sites will be error-free or otherwise reliable, free of viruses, or other harmful components, or that defects will be corrected or that they will always be accessible. Maths Australia may make improvements and/or changes to the Sites and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Please contact us or email [email protected] to report errors in content.

We reserve the right to amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to Users.

13. Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.


14. DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Sites for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

THE SITES, SERVICES, AND CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. MATHS AUSTRALIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MATHS AUSTRALIA HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITES COMPLIES WITH THESE TERMS OF USE OR IS SUITABLE FOR ALL USERS. MATHS AUSTRALIA  DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SITES, OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL FUNCTIONALITY OR INACCURACIES; (B) THIRD PARTY COMMUNICATIONS; (C) ANY THIRD PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITES, SERVICES, OR ANY PORTION THEREOF; (E) YOUR USE OF THE SITES; AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITES.


15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, MATHS AUSTRALIA , ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITES, THE SERVICES, ANY FACTS OR OPINIONS APPEARING THEREIN, THE CONTENT, OR ON OR THROUGH ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, MATHS AUSTRALIA  SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITES, THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, MATHS AUSTRALIA  SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MATHS AUSTRALIA'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MATHS AUSTRALIA OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S), UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Maths Australia, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to your use or misuse of the Sites (including, without limitation, use in contravention of these Terms of Use, other Maths Australia policies, and copyright and other intellectual property law).

17. Third Party Rights

The sections titled Disclaimer, Limitation of Liability, and Indemnification are solely for the benefit of Maths Australia and its present and future officers, directors, employees, agents, licensors, suppliers, and any third-party providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf. Except as set forth herein, nothing express or implied in these Terms of Use is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity. You may not assign your rights under these Terms of Use without Maths Australia's prior written consent.

18. Unlawful Activity; Termination of Access

Maths Australia reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to Users, User accounts, email addresses, usage history, posted materials, IP addresses, and web traffic information. Maths Australia may discontinue any User or visitor’s participation in the Sites and Services at any time for any reason or no reason. When Maths Australia terminates a User’s account, that User’s Content will, shortly thereafter, not appear on the Sites, except for User Content submitted to our forum or comments on our blog, which may remain on the Sites after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes.

Without limiting the foregoing, Maths Australia will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS MATHS AUSTRALIA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review User content material before it is posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein.


19. Remedies for Violations

Maths Australia reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular IP address or other user identifier to the Sites.


20. Communications

Maths Australia may notify Users of relevant information regarding the Sites and Services in any of the following ways: (a) by emailing Users at the contact information they provide in their account registration, (b) by posting a notice in dashboard areas of the Sites, and (c) by posting the notice elsewhere on the Sites in an area suitable to the notice. It is each User’s responsibility to periodically review the Sites for such notices.

Subject to the Privacy Policy, if you send to Maths Australia or post on the Sites in any public area any testimonials, techniques, suggestions, workflows, or know-how ("User Submissions"), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that Maths Australia can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Sites or send them to us.

21. Governing Law and Jurisdiction; Disputes and Arbitration

YOU AND MATHS AUSTRALIA EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MATHS AUSTRALIA AND ALL PARTIES TO ANY SUCH PROCEEDING.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Privacy

Your use of the Sites is subject to our Privacy policy

24. Entire Agreement; Severability of Provisions; No Waiver

These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, and Content. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

25. Changes to the Terms of Use

Maths Australia may review and update these Terms of Use at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.

26. Contact Us

If you have questions or concerns regarding these Terms of Use, the Sites, or the Services, you may contact us at:

Maths Australia
Suite 295, 2/52 Currumbin Creek Road, Currumbin Waters, QLD, 4223, AUSTRALIA
[email protected]
(02) 9094 3390 / (08) 6311 5998

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