Terms of Website Service

Terms of Website Service

The Terms of Use set below (the Agreement) govern your use of the website [Mrs Angela Kotsiras trading as Maths Teachers Only] we, our, us www.mathsteachersonly.com or the Website and form a binding agreement between us and you in relation to your use of the Website. Please read the Agreement carefully before accessing the Website.

We provide a service on the Website through which you can access content and articles for your use in compiling your own courses (the Service). By using and participating in this Website you acknowledge that you have read the terms of this Agreement and agree to be bound by them. We reserve the right to change and modify this Agreement at any time and by continuing to access the site after notice of such modification has been published on the site you signify your agreement to the changes. If you do not agree with such modifications, you should not use the Website.

1. Important terms used in this Agreement

1.1 Content means both Maths Teachers Only Content and Third Party Content.</span>

1.2 Content Provider means a person (other than Maths Teachers Only, and including users of the Service) whose Third Party Content is displayed on the Website.

1.3 Maths Teachers Only Content means all content contained on the Website (including without limitation all software, text, graphics, videos, sounds, scripts, photos, audio-visual material, icons, advertisements, photographs, databases, trade marks and other information and materials) but excludes Third Party Content.

1.4 Third Party Content means content created or uploaded to the Website by a party (including a user of the Website or the Service) other than Maths Teachers Only, including all software, text, graphics, videos, sounds, scripts, photos, audio-visual material, icons, advertisements, photographs, databases, trade marks and other information and materials created and/or uploaded by such a party.

2. The Website

2.1 We will make the Website available to you on the terms and conditions set out in this Agreement.

2.2 You must use the Website only in accordance with this Agreement.

3. Third Party Content

3.1 The Website contains Third Party Content, including links to third party websites where content is not controlled or monitored by Maths Teachers Only (Linked Sites).

3.2 The appearance of Third Party Content (including any link to a Linked Site) does not imply Maths Teachers Only‘s endorsement of that Third Party Content or the Linked Site and, subject to clauses 3.4 and 3.5, Maths Teachers Only has no control over, and is not responsible for, any Linked Site or any Third Party Content.

3.3 You access and use Third Party Content and Linked Sites at your own risk and, to the fullest extent permitted by law, we disclaim all guarantees and warranties, express and implied, as to the accuracy, value, legality or otherwise of any Third Party Content and any materials or information contained on Linked Sites. You should carefully review and comply with the terms of use and privacy policies on all Linked Sites.

3.4 A Third Party Content submitted to Maths Teachers Only for publication on the Website is subject to the approval of Maths Teachers Only. We may, in our absolute discretion and at any time, reject, remove or require changes to such Content.

3.5 By submitting Third Party Content to us for publication on the Website:

(a) you agree and represent that you created the Third Party Content, or that you have received permission from, or are authorised by, the owner of any part of the Content to submit to us;

(b) you or the owner of the Third Party Content retain all ownership rights in the Third Party Content, but by making it available to us, you grant to us an irrevocable, non-exclusive, royalty free, worldwide licence to use, display, reproduce, perform, reformat (for example convert pdf files into html etc), publish, distribute, disseminate or broadcast that Third Party Content, and others using the Service a right to use that Content;

(c) you warrant that the Third Party Content does not infringe any patent, trademark, trade secret, copyright or other intellectual property right of any person.

4. Intellectual Property

4.1 You may use the Website, including Content, only in the manner permitted by this Agreement.

4.2 All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) in the Website, including all Content, are owned by or licensed to us.

4.3 Unless otherwise credited, images used in this site are either created by Maths Teachers Only or incorporated by us in the site believing them to be in the public domain. If you believe that Maths Teachers Only has inadvertently infringed copyright or used a copyrighted image without permission, please email us at Contactus@mathsteachersonly.com and this oversight will be rectified.

4.4 Nothing in this Agreement constitutes a transfer of any intellectual property rights. You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any Content Provider or any of our third party licensors.

4.5 You must not distribute, reproduce, publish, alter, modify or create derivative works from any Content without our prior written permission and the relevant Content Provider (if applicable) for commercial benefit.

4.6 Unless otherwise stated, you may distribute, reproduce, alter, modify or create derivative works from any Content for your own and non-commercial use, provided you retain all acknowledgements associated with these resources. Except where otherwise credited, this site is copyright, Maths Teachers Only, 2015-2019.

5. Website Access and Availability

5.1 We reserve the right to modify, discontinue or disable the Website or any part of the Website (on a permanent or temporary basis) at any time. We will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on the Website. However, you accept that it may not always be possible to provide such prior notice.

5.2 If you materially breach the terms of this Agreement, we may (at our sole option, and without limiting the remedies available to us in any way) bar you from accessing the Website on a permanent or temporary basis. If this occurs, you must not access or use the Website during the period of your suspension.

6. Your use of the Website

6.1 You must not use the Website to:

(a) upload or make available Content, or use the Service in a way, that:

(i) is defamatory, obscene, offensive, hateful, discriminatory, inflammatory, abusive, harassing, humiliating, vulgar, racist, pornographic, or invasive of another’s privacy;

(ii) misleads or is likely to mislead Maths Teachers Only or any person using the Website or the Service;

(iii) infringes the intellectual property right of any other person;

(iv) disturbs or damages the Website or its Content;

(v) damages us or our reputation;

(vi) impersonates any other person or entity, or misrepresents your identity or affiliation with any person or entity;

(vii) gives the impression that any content or communication emanates from MathsTeachersOnly if this is not the case;

(viii) advocates, promotes or assists any unlawful act or illegal activity including copyright infringement or computer misuse;

(ix) otherwises breaches this Agreement;

(b) transmit any advertising, promotional materials or similar materials without our express written consent;

(c) collect any available personal information about an individual other than yourself; or

(d) upload personal information about an individual other than yourself.

6.2 You must not violate the security of, or otherwise hack into, the Website, our computer systems or the computer systems of users or Content Providers of the Website. In this clause, hack means any unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

6.3 Without limiting clauses 6.1 and 6.2 above, you must comply with all applicable laws, regulations, codes or standards when using the Website.

7. Privacy

7.1 Any personal information which we collect through the Website will be handled in accordance with the Privacy Policy

8. Your Account

8.1 You may register for an account with Maths Teachers Only in order to use the Service. You agree to be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.

9. Removal of your details

9.1 You may request deletion of your account at any time by sending an email to Maths Teachers Only at contactus@mathsteachersonly.com

9.2 We may, subject to our obligations under Australian privacy laws, retain certain aspects of your account and other personal details for the purposes of maintaining records of our dealings with you, analysis and statistics.

9.3 Maths Teachers Only may delete your account at its discretion, including if we reasonably believe you have breached this Agreement.

10. Liability

10.1 To the fullest extent permitted by law:

(a) the Website and all Content is provided to you ‘as is’ and on an ‘as available’ basis, without any representation or endorsement and without warranty or guarantee of any kind and we exclude all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in this Agreement;

(b) the information provided on the Website is intended as a guide only, contains only factual information, and should not be construed as advice, either general or personal;

(c) we do not guarantee continuous, uninterrupted or secure access to the Website or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Website. You should consider the potential for disruption or other difficulties in planning your use of the Website;

(d) we exclude all liability for any damages or loss of any kind (including without limitation direct, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss or corruption of data) arising in connection with your access to, or use of, or inability to use or access the Website or otherwise in connection with:

(i) your use of, or reliance on, the Website (or any of the Content or Linked Sites) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence) statute or otherwise);

(ii) any disruption or other difficulties in accessing or using the Website; or

(iii) the accuracy, timeliness, quality, utility or completeness of the information contained on the Website (or in any of the Content or Linked Sites).

10.2 You agree to fully compensate and hold harmless us and our officers, employees agents and Content Providers from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses) and penalties suffered or incurred by any of them arising out of:

(a) your material breach of this Agreement (noting that for the purposes of this clause, any breach of clauses 4 and 6 will be deemed material); or

(b) any act of fraud by or on behalf of you.

10.3 You acknowledge and agree that unauthorised use of the Content by you could cause us (or our third party suppliers or licensors including, without limitation, Content Providers) irreparable harm and that, in the event of unauthorised use, we are entitled to seek an injunction to prevent such use, in addition to any other remedies available at law or in equity.

11. General

11.1 We may provide you with notices in connection with this Agreement by posting such notices on the Website, or where we consider it appropriate, by email or mail if you have provided contact details for that purpose.

11.2 This Agreement and any other documents referred to in this Agreement is the entire agreement of the parties about the subject matter of this Agreement and supersedes all other representations, arrangements, understandings or agreements and all other communications.

11.3 If a provision of this Agreement is invalid or unenforceable in a jurisdiction:

(a) it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and

(b) that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.

11.4 This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

12. Queries

12.1 If you have any queries in relation to the processing of your personal data by Maths Teachers Only please contact us at contactus@mathsteachersonly.com.

  

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