Acknowledgment and acceptance of Terms and Conditions
- Global network of M2 Mathematics Pty Ltd websites, including but not limited to those for the SmarterMaths Teacher, and SmarterMaths Student brands, each operated under the M2 Mathematics Pty Ltd brand, together with content on social media websites which may use or integrate with some of the aforementioned websites (the Site) are owned and operated by M2 Mathematics Pty Ltd Pty Ltd (we, us).
- The Site refers to any and all access to M2 Mathematics Pty Ltd resources, via static or mobile devices, in either native or mobile application format.
- References to the Site in this document include all related M2 Mathematics Pty Ltd brand websites, as mentioned above. This document refers to all contact with the M2 Mathematics Pty Ltd resources, via online access of range of mobile applications available.
- Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms and Conditions). Your Access to the Site constitutes your agreement to be bound by the Terms and Conditions. We reserve the right to revise, amend and update the Terms and Conditions at any time effective on the date of posting to the Site of the new and amended provisions.
- Access to the Site will be for a period 12 months from the latter of the purchase date or the date on which all existing registered users are given full access to all purchased courses, subject to an adjustment to these dates agreed to by both parties.
- In the event a purchaser wishes to terminate a 12 month subscription after full access has been given, no refund will apply.
- At the expiry of a subscription, your school will be notified by email. This email will request any changes to or cancellation of the subscription. In the event that no notification of change in subscription is received, an invoice based on the previous year's access will be sent to the school.
- The user school acknowledges that internal invoice approvals will confirm their re-subscription. SmarterMaths will continue to provide access to all registered users during this interim period to minimise any disruption to their usage.
- All SmarterMaths Teacher Edition programs are for the exclusive use of Australian primary and high schools. Any tutoring agencies or other educational groups are expressly prohibited from using or disseminating SmarterMaths copyrighted materials in any way, for commercial use or otherwise, unless they have entered into a separate commercial arrangement with M2 Mathematics Pty Ltd, that allows them to do so.
- Any students or teachers found to be intentionally misusing the site (e.g. hacking or sending fraudulent results) will have their access to the Site revoked.
- Users must protect their usernames and passwords from unauthorised use.
- Students and teachers are not to use rude or inappropriate words as part of their names.
- You agree that SmarterMaths may identify your school as a subscriber school in its marketing content, either in print or on its website.
- You agree and understand that SmarterMaths may prevent or restrict your access to the website for any technical, security and or any other reasons at its absolute discretion.
- SmarterMaths will advise you as soon as practicable of any restrictions imposed on your access to the website.
Accuracy and Usefulness of Information
- All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, SmarterMaths provides no warranty or guarantee that any material or information on the website will be accurate or complete.
- SmarterMaths will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, arising out of or in connection with access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law.
- SmarterMaths makes no guarantee as to the usefulness of the material and information on the website, nor any of the products and services promoted on it or via linked websites.
Anonymous Information – Terms and Conditions
- We collect anonymous information about you and your activities on the Site. Anonymous information is information that is not linked to your identity. This is primarily used to assist us in enhancing the learning resources and the information remains anonymous at all times. By using the Site you grant us the right to use this anonymous information for our own purposes, such as the preparation of statistical reports, provided we otherwise comply with our obligations in respect of the use of personal information.
Ownership of content on the site
- The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.
- You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these Terms and Conditions or with our express prior written consent.
On certain parts and applications of The Site, we encourage you to submit your own personal contributions for example in the SmarterMaths Student application, by submitting feedback on your experience of the worksheets, and at the end of the course, an optional testimonial (Your Contributions). Your Contributions are subject to the following conditions:
- All Your Contributions must be your own work and must not include any material which is the copyright of someone else;
- You give to us free of charge permission to use Your Contributions in any way we want to on any web site or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons) .We may also redistribute Your Contributions to third parties;
- We typically use Your Contributions in an anonymised or aggregated fashion, however where we explicitly ask for a free-form comment and/or testimonial, if we use Your Contributions in our marketing, we generally show your name or abbreviated name with Your Contributions, however, you acknowledge and agree that it is not always possible for us to attribute you as the author of Your Contributions
- If you do not want your name associated with a comment or testimonial, please do not submit a comment or testimonial via The Site. If you have already provided us with a testimonial via The Site, but no longer want your name associated with it, please contact us at email@example.com and we will remove the association where possible.
Access to the Site
- You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).
- You must not access or use the Site or the Content in any manner or for any purpose which:
- is illegal or prohibited by any laws that apply to you;
- violates our rights in any way; or
- is prohibited by the Terms and Conditions.
- You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your Access.
- A paid subscription to any M2 Mathematics Pty Ltd resource permits the subscribed user access to the resource in its native format across both static and mobile devices. M2 Mathematics Pty Ltd reserves the right to levy additional charges for access to resources outside of this limitation. In some cases, additional subscription charges may be levied for non-native access, premium additional content, printed content, mobile device access to standalone components of M2 Mathematics Pty Ltd resources.
- You must not use the Content for commercial purposes without first obtaining our express written authority.
Disclaimer and limitation of liability
- Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.
- We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.
- Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.
You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
- any breach by you of the Terms and Conditions; or
- reliance by you on any information obtained through the Site; or
- your Access to the Site.
Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these , you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
- commercialise any information, products or services obtained from any part of this Site.
Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to copy or print any part of the Site, we will claim for remuneration under that scheme where worksheets are printed or photocopied by teachers for use by students, and where teachers direct students to print or photocopy worksheets for use by students at school. A worksheet is a page of learning, designed for a student to write on using an ink pen or pencil. This may lead to an increase in the fees for educational institutions to participate in the relevant scheme.
Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trademark in which we claim proprietary rights. We also assert all our trademark rights under the common law or otherwise. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this Site).
We may terminate access to this Site at any time without notice. The Terms and Conditions will nevertheless survive any such termination.
The laws in force in New South Wales, Australia, govern these Terms and Conditions. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
Advertising and links to other web sites
The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk. Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do they or we accept any responsibility arising in any way for errors in, or omissions from any Linked Sites or Subsequent Sites.
We do not accept any liability for any failure to comply with the Terms and Conditions where the failure is due to circumstances beyond our reasonable control.
- If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.