Mathspace Terms and Conditions

There are three categories of Subscriber: students, teachers and schools on behalf of one or more students and / or teachers. In the case of a student who is not at the time 18 years of age, the Application must be made by that student's school or by a parent, tutor, teacher, guardian or carer of that student.

The Subscriber agrees with Mathspace Pty Ltd ABN 18 142 406 308 trading as Mathspace ("Mathspace") that the following terms and conditions will apply to the use of the Site by the User.

Definitions

"Application" means an indication of intention to use the Site including the completion of an application form, the provision by a School to Mathspace of Student / Teacher details or any other action which confirms such an intention.

"School" means a school which lodges an application for any of its students or teachers to use the site.

"Site" means the Mathspace website.

"Site Material" means all programs, graphics and information of whatever nature located on the Site.

"Student" means any student who is a Subscriber.

"Subscriber" means the School or person who makes the Application.

"Teacher" means any teacher who is a Subscriber.

"User" means any student or teacher in respect of whom a school or other person makes an Application, and when used in conjunction with the word "Subscriber" means the User or Users to whom that Subscriber's Application relates.

Who is responsible for what you see and do on Mathspace?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Mathspace will not be liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

Mathspace does not and cannot control the content of posts by individual Users. As such, all Users and Subscribers release Mathspace from all liability unrelated to its actions or omissions which it cannot control and does not have a duty to take action regarding how the content is interpreted.

The Subscriber accepts that if Mathspace becomes aware of any inappropriate posts which may be considered appropriate it will remove them immediately without the consent of the User being required.

Mathspace provides no guarantee that the identity of any users with who you interact in using the Service and is not responsible for the users which gain access to the Service. Given this Mathspace only allows students to limit their access within their Limited Access Group.

Mathspace allows teachers’ access to its students Limited Access Group and provides teachers with monitoring and moderation access tools to remedy any posts which are deemed inappropriate.

You, as a User are responsible for the content you contribute to the Service. You warrant to keep your registration information accurate and current.

Warranties

The Subscriber warrants that all information contained in the Application is true and acknowledges that it is their responsibility to advise Mathspace within seven (7) days of that information changing in any way including, but not limited to, updating email addresses by means of the relevant link.

The Subscriber will take, and where applicable will ensure that the User takes, all reasonable steps to prevent the User's password becoming known to any other person. The Subscriber will advise Mathspace immediately if the Subscriber or the User becomes aware of any unauthorised use of the password.

Special provisions/Copyright

The Subscriber acknowledges that the Site Material is the property of Mathspace and is copyright - 2014 Mathspace. Except as permitted by law or these Terms of Use, the Subscriber will not, and where applicable the Subscriber will procure that the User will not, allow any other person to use the Site or reproduce or otherwise transmit any of the Site Material in any way whatsoever without first obtaining the written permission of Mathspace. Mathspace reserves its entitlements under Part VB and Section 183 of the Copyright Act. [For information about Part VB (educational use) and Section 183 (government use) visit www.copyright.com.au and www.copyright.org.au].

A Teacher, or a User who is a teacher, may use Site Material for classroom instructional purposes such as projecting it onto a whiteboard, displaying it by means of other electronic media or printing it and distributing it to their students. However, the use of the Site Materials by a Teacher, or by a User who is a teacher, for any purpose other than the instruction of the students in their class at a time when their right to use the Site Materials is current, will constitute a breach of these Terms and Conditions of use.

Disputes

The Subscriber and User will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms of Service or Mathspace exclusively in the State of New South Wales, Australia, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New South Wales will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Indemnity

The Subscriber agrees to indemnify and hold Mathspace, its affiliates, officers, agents, employees, contractors and partners harmless for and against any and all claims, liabilities, damages, losses and legal costs arising from or in any way related to any third party claims relating to (a) the User and/or Subscribers use of the Service (including any actions taken by a third party using the User or Subscribers account), and (b) breach of the Mathspace Terms of Service. In the event of such a claim, suit or action (‘Claim’), we will provide notice of the Claim to the contact information we have for your account (failure to deliver will not eliminate your indemnification obligations contained herein).

The Subscriber acknowledges that circumstances may exist where damages are not an appropriate remedy and Mathspace is entitled to obtain injunctive relief.

If at any time a Subscriber or User is referred through the Site to any other publication or information source, that referral will be made by Mathspace in good faith. However, Mathspace accepts no responsibility for any error in the information supplied by such other publication or source.

Payments

Where applicable, Mathspace will debit the credit card, particulars of which are given in the Application, with a subscription fee as identified in the Application.

Mathspace will take all care to ensure that the credit card details are not made available to any unauthorised person or entity, but takes no responsibility for any unauthorised use of those details.

The Subscriber (on their own behalf and on behalf of the User) acknowledges that Mathspace will collect personal information about Subscribers and Users which is disclosed in the Application for the purposes of the operation of the Site, and authorises Mathspace to do so.

Mathspace may terminate this agreement immediately if at any time the Subscriber is in breach of the Subscriber's obligations (including as a result of some act or omission by the User).

Termination

The Subscriber and/or User acknowledges that Mathspace is entitled to terminate this agreement for use if there has been a breach of the Terms and Conditions of use, the privacy policy or otherwise create a risk or possible legal exposure for us. You will be notified via email or the next time you attempt to access your account.

The Subscriber and/or User acknowledges that termination for any reason will not entitle the Subscriber to a refund of any payments made to Mathspace prior to the date of such termination.

Any notice given under this agreement must be in writing. Notices given to Mathspace should be forwarded to [email protected] and Notices to be given to the Subscriber or User will be forwarded to the email address specified in the Application.

Mathspace will refund Subscriber payments upon receipt of a written submission from the Subscriber that the site does not deliver that which it claims to provide.

Refunds will not be given where the Subscriber is using systems other than those identified in the 'Systems requirements' or where the Subscriber is misusing the system.

Reservation of Rights

Mathspace reserves the right to alter its product and pricing systems at any time.

Enquires

All enquiries and comments regarding the Terms of Use should be made to:

Mathspace Pty Ltd
ABN 18 142 406 308
Suite 1102 418A Elizabeth St
Surry Hills NSW 2010
Tel +61 1300 833 194
[email protected]