In these terms and conditions the following words have the following meanings:
'we, us, our, MathsRepublic is MathsRepublic Pty Ltd'
'you, your' the person, school, firm or company who subscribes to the Service
'Fee' the subscription fee payable by you to us for accessing the Service
'Service' the online 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.MathsRepublic.com
‘Site’ a single physical location where the provision of teaching for the Service takes place.
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.
We reserve the right to vary or amend these terms and conditions at any time.
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 made.
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.
Access to the Service (except for those parts that we make freely available) is only provided on condition that a Fee has been paid.
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.
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.
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 proxy servers.
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
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.
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.
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 representation that:
the Service will meet your requirements;
the Service will be uninterrupted, timely, secure or error free;
4.3.3. the results that may be obtained from the use of the Service will be accurate or reliable;
the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations;
the contents of the Service are free from infection by viruses or anything else which has contaminating or destructive properties; or
any errors in the software contained within the Service will be corrected.
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
Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence.
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:
the use of or inability to use the Service;
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 or data;
statements or conduct of any third party on the Service (including but not limited to any defamatory statements); or
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 any kind).