|Terms and conditions of access to MyMaths services
In these terms and conditions the following words have the following
'we, us, our, MyMaths is MyMaths Pty Ltd'
'you, your' the person, school, firm or company who subscribes to the
'Fee' the subscription fee payable by you to us for accessing
'Service' the on-line mymaths curriculum material, provided
by us through the Website to which you subscribe, details of
which are as provided by us from time to time
'Website' the website operated by us at the URL www.MyMathsOnline.com.au
‘Site’ a single physical location where the provision of teaching for the Service takes place.
2.1. These terms and conditions are the only conditions under
which we are willing to provide the Service to you. These conditions
can only be modified as set out in these conditions.
2.2. We reserve the right to vary or amend these terms and conditions
at any time.
2.3. These terms and conditions (including any documents referred
to within them) contain all the terms on which we provide the
Service to you. They supersede any prior promises, representations
(except fraudulent misrepresentations), undertakings or implications
2.4. Where you are a private consumer, nothing in these terms
and conditions shall detract from your statutory rights.
2.5. These terms and conditions do not create any right enforceable
by a person not a party to them.
3.1. Access to the Service (except for those parts that we make
freely available) is only provided on condition that
a Fee has been paid.
3.2. A Fee is payable by you for each Site where the Service is used. You are duly authorised to provide the Site username and password to teachers and students who are wholly connected to the Site for which a Fee has been made. This Fee will also enable teachers and students, who are wholly connected to the Site, to use the username and password at any other location if it is in connection with work set by the Site.
3.3. The Fee is exclusive of GST which will be payable by you, if applicable and at the prevailing rate of GST, in
addition to the Fee.
3.4. Your access to the Service is by user name and password. You are NOT free to divulge these details to teachers and students, except as documented in this agreement.
3.5. We do not permit any part of the Service to be cached in
3.6. If we reasonably believe that a user name and password
are being used in any way which is not permitted by us we reserve
the right to issue a new username and password.
3.7. We require you to change your password at least on an annual basis, failure to do so may result in an interruption to the service.
4. The Service
4.1. The contents of the Service are only for general information
or use. They do not constitute advice and should not be relied
upon in making (or refraining from making) any decision.
4.2. We use reasonable care to make sure that the information
appearing on the Service is accurate and up to date. However,
errors and omissions can occur and you should not take the accuracy
of the information for granted.
4.3. Because we do not have control over the use that may be
made of the information provided through the Service, we exclude
(to the fullest extent permitted at law) all warranties, express
or implied, as to the quality, accuracy, timeliness, completeness,
performance, or fitness for a particular purpose of the Service
or any of its contents. In particular we make no warranty or
4.3.1. the Service will meet your requirements;
4.3.2. the Service will be uninterrupted, timely, secure or
4.3.3. the results that may be obtained from the use of the
Service will be accurate or reliable;
4.3.4. the quality of any products, services, information, or
other material purchased or obtained by you through the Service
will meet your expectations;
4.3.5. the contents of the Service are free from infection by
viruses or anything else which has contaminating or destructive
4.3.6. any errors in the software contained within the Service
will be corrected.
4.4. Any material downloaded or otherwise obtained by you through
the use of the Service is done at your own discretion and risk
and on the basis that you will be solely responsible for any
damage to your computer system or loss of data that results
from the download of any such material.
5. Our Liability
5.1. Nothing in these terms and conditions shall exclude or
limit our liability for death or personal injury caused by our
5.2. We do not accept liability for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not
limited to damage for loss of profits, anticipated savings,
goodwill, use, data or other intangible losses (even if we have
been advised of the possibility of such damages), including
but not limited to anything resulting from:
5.2.1. the use of or inability to use the Service;
5.2.2. the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased
or obtained or messages received or transactions entered into
through or from the Service;
5.2.3. unauthorised access to or alteration of your transmissions
5.2.4. statements or conduct of any third party on the Service
(including but not limited to any defamatory statements); or
5.2.5. any other matter relating to the Service.
5.3. We will not be liable if we are unable to perform our obligations
under these terms and conditions due to the failure of any machine,
data processing system or transmission link or to any circumstances
beyond our control (including but not limited to strike, industrial
action, war, fire, act of God or prohibition or enactment of
5.4. Subject to clause 5.1 if we are found liable to you our
liability shall not exceed the total Fee paid by you to us.
5.5. You agree that given the nature of the Service, the exclusions
and limitations of our liability are reasonable.
6. Copyright and trade mark
6.1. All material on the Website is the copyright material of
MyMaths Pty Ltd and/or its parent.
6.2. You are permitted to print or download extracts from the
Website and the Service solely for your own non-commercial individual
teaching and learning purposes. Any extracts so downloaded may
be stored on your computer, or if you are an institution on
your network, for future use, subject to compliance with the
remainder of this clause.
6.3. All copies of any part of the content material must bear
an acknowledgement of the copyright of the owner of the material.
Copyright, trademark and other proprietary notices must not
6.4. You may not reproduce, copy or redistribute the design
or layout of the Website or our products, individual elements
of the Website design or our logos without the express written
permission from us.
6.5. No part of the content of the Website or any of our products
may be reproduced or transmitted to or stored in any website
nor may any of its pages or parts thereof be disseminated in
any electronic or non electronic form (except as set out in
clause 6.2) nor be included in any public electronic retrieval
system or service without prior written permission from us.
Copying or reproducing software to any other server or location
is expressly prohibited.
6.6. Except to the limited extent set out above, you are not
permitted to copy, broadcast, download, store (in any medium),
transmit, show or play for the purpose of public use or for
the purpose of commercial exploitation this website or any part
thereof. You are not permitted to adapt, change or incorporate
with any other work in any way the content of the Website or
any of our products for any other purpose whatsoever without
prior written permission from us.
7. Links to other sites
We reserve the right to alter without notice the arrangements
for access to the Service or to change the content, presentation
and/or facilities of the Service.
8. Material Submitted by Users
8.1. Certain elements of the Service may contain material submitted
by users. We do not accept any responsibility for the content
or accuracy of such material. Where the material is based on
or contains extracts owned by third parties, we do not make
any representation or warranty that the material is provided
without infringing the rights of the third party.
You agree that you will not upload files that contain software
or other materials protected by intellectual property laws unless
you own or control all of the rights thereto or have received
all necessary consents.
8.3. Any material or information transmitted to or posted to
the Service by any means will be treated as non-confidential
and non-proprietary and may be disseminated, stored or used
by us for any purpose whatsoever including but not limited to
developing, manufacturing and marketing products and services.
This includes the right to exploit any proprietary rights in
such information and material including rights relating to copyright,
trademarks, patents or other intellectual property rights. This
applies to all material and information that has already been
provided in addition to that transmitted or posted in the future.
8.4. You are not permitted to post or transmit to or from the
Service any unlawful, threatening, defamatory, obscene, scandalous,
inflammatory, pornographic or profane material or any other
material which could give rise to any civil or criminal liability.
You must not upload files that contain viruses, corrupted files
or any other programs that may damage the operation of our or
any third party's computer or conduct or forward surveys, contests,
pyramid schemes or chain letters or falsify any author attributions
or other proprietary designations or do anything that might
restrict or prohibit other users from using the Service.
8.6. We reserve the right at all times to disclose any information
as necessary to satisfy any applicable law or legal process
or government request or to edit, refuse to post or to remove
any information or materials at our discretion.
9.1. You can terminate your agreement with us at any time by
giving us notice in writing. Unless we are in breach of our
obligations to you, you will not be entitled to any refund of
the Fee paid by you. You may in addition be entitled to cancellation
rights under clause 11.
9.2. We can terminate this agreement at any time on giving notice
to you if:
9.2.1. you commit a breach of these terms and conditions
9.2.2. you become bankrupt or enter into a voluntary arrangement
with your creditors, become subject to an administration order,
have a petition presented or an order made for you winding-up,
have a receiver appointed over all or any part of your undertaking
or assets, go into liquidation, cease or threaten to cease to
trade or suffer any analogous event of insolvency.
9.2.3. you fail to pay the Fee when due
9.3. We reserve the right to terminate this agreement at any
time and for any reason on giving notice to you. If we terminate
your membership under this clause we will refund a proportion
of the Fee relating to the remainder of the period for which
you have paid (if any).
10. Your right to change your mind
10.1. Where you are subscribing as a private consumer, you may
be entitled to cancel your agreement with us as set out below.
This entitlement acts as your Free trial.
10.2. You are entitled to cancel your agreement with us at any
time during the period of fourteen (14) days from when we notify
you that you have entered into a contract with us.
10.3. If you are entitled to cancel your agreement with us as
set out in clause 10.2 and you wish to exercise that right you
must send us your notice by email to mail@MyMathsOnline.com.au or by
first class post to the address given. If you validly exercise
a right to cancel we will refund the Fee paid within 30 days.
11. Personal Information
11.1. We will request certain personal information from you
(or if you are an institution, from your employees) in order
to provide the Service to you. You are responsible for the accuracy
and truthfulness of such information and you warrant and undertake
to us that all such information is true and correct.
11.2. We will use your personal information only for the purposes
of providing the Service to you. We will treat your personal
information as confidential and we will not disclose it to any
third party except with your prior agreement or as required
by law. We are registered under the Data Protection Act 1998
and your data will be processed subject to that Act.
11.3. We reserve the right to request supporting documentation
to verify personal information in our absolute discretion.
11.4. You must notify us immediately of any change in your personal
11.5 We may use a technology called "cookies" as part of our normal business procedure to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
12. Child Supervision
We are concerned about the safety and privacy of our users, particularly children. Teachers/ parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
13. Links to Third party websites
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites
These terms and conditions are subject to Australian law and you and we submit to the exclusive jurisdiction of the Australian courts.
15. Company Information
MyMaths Pty Ltd is a company registered in Australia. ABN: 298 6916 3236. The Registered Office address is Oxford University Press, 253 Normanby Rd, South Melbourne, Vic, 3205. Our GST registration number is 298 6916 3236
©Copyright MyMaths Pty Ltd