Website Terms and Conditions
2. If you are under the age of 18, you represent that you have reviewed these Terms with your teacher, parent or legal guardian to make sure that you and your teacher, parent or legal guardian understand these Terms.
3. If you are a teacher, parent or legal guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to: (i) exercise supervision over the Minor's use of our website and account; (ii) assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet; (iii) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor; (iv) assume liabilities resulting from the Minor's use of our website and their account; (v) ensure the accuracy and truthfulness of all information submitted by the Minor; and (vi) provide the consents contained in these Terms on behalf of the Minor. We may ask you to confirm that you have your teacher’s, parent's or legal guardian's permission and they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
5. When you visit our website, we give you a limited licence to access and use our information for educational use. You are permitted to download a copy of the information on this website to your computer for educational use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. You must not use our Content or our products or services to promote, market or sell any products or services without our prior written consent.
6. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website. You must not attempt to hack, decompile, disassemble, modify, translate, adapt, reverse engineer or create derivative works from any part of our Content or our products or services. In using our Content or our products or services you must not transmit or introduce any virus or corrupt files so as to damage or disrupt our website, Content or our products or services.
7. Our website is a subscription service. We offer student licences which allow individual students unlimited access to a specified module. The process for purchasing a licence to use the products on this website is as follows:
(i) How to purchase subscriptions to use the website:
After registration and approval of a school/organisation account, log in to the ‘Manage Students’ area of the website. Invite students to the school/organisation account using the ‘Invite Students’ tool. Return to the ‘Manage Students’ section, select the relevant students, and click ‘License’. Select the modules you wish to license and follow payment instructions.
(ii) Pricing for subscriptions to use the website:
Pricing is outlined on the Modules We Offer Page and is subject to change as notified by us to you.
(iii) Payment method for subscriptions to use the website:
You may pay your applicable subscription fee directly through PayPal/Credit card. If the credit or debit card is not issued in your name, you must have the permission of the cardholder to use their card for the subscription fee. Alternatively, you may pay your subscription fee by direct bank transfer. To do this, please select the Invoice option under Payment Type when completing the subscription process. Follow instructions on the invoice to make a direct bank transfer payment.
(iv) Order confirmation and receipt for purchases of subscriptions to use the website:
When your payment is confirmed, the subscription fee (minus any discounts or credit applied if using a valid discount voucher or credit coupon), will be deducted from your account and a tax invoice emailed to your nominated email address. If you choose to pay by direct bank transfer, once payment has been made you are required to email remittance to email@example.com.
(v) Digital delivery method for products purchased by subscription to use the website:
After ordering online, you will receive an email confirmation from us containing your order details. We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your access code via email immediately. If you wish to query a delivery please contact us.
(vi) Cancellation of subscription and refund of subscription fees:
You may receive a full refund of your subscription fee within 7 days of subscribing if you have not logged into our website or used our related products. However, a refund in these circumstances is at the sole discretion of us and may depend on the reasons submitted for your failure to log into or use our website and related products. You will receive a full refund of the subscription fee if you have been unable to access or use our website and related products due to technical difficulties arising from our website for the duration of your subscription time. However, refunds will not be given if the difficulties in accessing our website or related products are due to incompatibility with your computer system. Our website and related products are not optimised for use on a smart phone, therefore, for a full comprehensive experience you will need to use a desktop, laptop or tablet. We will notify you by email that a refund has been approved within 7 days of approval. All refunds approved by us will be paid within 30 days of this notification date. You will not be entitled to a refund of your subscription fee in any circumstances other than those described above.
(vii) No commercial use of products obtained from subscription to use the website:
All subscriptions are available for non-commercial use only. We reserve the right to refuse orders from businesses that we consider are for commercial concerns. Subject to paying the applicable subscription fees, schools, universities and other teaching organisations are permitted to deliver our content to their named students.
8. IN AUSTRALIA, OUR PRODUCTS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE COMPETITION AND CONSUMER ACT 2010 AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER ACT 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED.
9. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Intellectual Property Rights
11. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the Terms set out in this Agreement.
12. Any reproduction, adaptation or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
Warranties and disclaimers
13. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
14. The information we provide on this website is of a general nature only. We are not providing professional advice and you should obtain professional or specialist advice that is appropriate to your circumstances and we give no warranty and accept no liability should you use the information without obtaining independent advice.
15. We give no warranty that the information is free from error or omission and you should use your own care and skill when accessing and using it. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
16. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.
17. We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Limitation of Liability
18. To the full extent permitted by law, including the Australian Consumer Law, our liability for breach of an implied warranty or condition will not be greater than the total amount you paid to subscribe for our products on this website and in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
19. By accessing our website, you agree to indemnify and hold us, and our officers, employees, contractors and agents harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or its content.
20. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to: (i) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals; (ii) using this website to defame or libel us, our employees or other individuals; (iii) uploading files that contain viruses that may cause damage to our property or the property of other individuals; (iv) posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
21. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
22. If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
23. These Terms are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these Terms will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts
24. We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement. You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.
25. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
26. You acknowledge and agree that the Content you receive does not constitute medical, professional or healthcare advice or diagnosis and cannot be used for such purposes.