Australia Terms & Conditions
Date of version: October 2016
Please note that we may change these Terms from time to time without notice so you should review them each time that you visit the Site to ensure you understand the terms which will apply at that time. You should print a copy of these Terms for future reference.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
If you are under 16 years of age, please be sure to read these Terms with your parents or guardian. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR USE OF THE SITE.
By using the Site, you indicate that you have read and accept the Terms and Conditions (opens in a new tab) governing use of the Site.
By accepting these Terms and/or accessing the Products, you indicate that you have read and accept these Terms and agree to abide by and be bound by all such Terms.
We draw your attention to the limitations on liability contained in clause 7 below and to the consents to data transfer and processing contained in clause 6 below.
1 About Us
The Products are made available by Macmillan Science and Education Australia Pty Ltd (ACN 004 688 519), a company incorporated in Australia, having its registered office at 15-19 Claremont Street, South Yarra, Victoria, Australia 3141 (“we”, “us”, “our“).
2 Contacting Us
You can contact us following the instructions found on the ‘Help (opens in a new tab) ’ page on the Site.
3 Using the Products
- If you are under 16, you must first obtain the consent of your parent or guardian to use the Products or register with the Site. We reserve the right to seek any form of verifiable parental consent as we believe appropriate at any time.
- We reserve the right to withdraw or amend the Products we provide via the Site without notice. We will not be liable or responsible if for any reason any of the Products are unavailable at any time or for any period.
- Use of the Products requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. The latest versions of required software (as specified in the Help/FAQs (opens in a new tab) section of the Site) may be required for certain transactions or features and to download products from the Site. You agree that these requirements, which may change from time to time, are your responsibility.
- We may update the Products from time to time, and may change the content at any time. Please note that any of the content on the Site may be out of date at any time, and we are under no obligation to update it.
- You may download the specified number of copies of Products indicated on the Site as being available for this purpose for personal use or for pedagogical purposes with a class of students within an educational institution. You understand and agree that such Products are made available for download by way of a non-exclusive, revocable and personal license only. We do not transfer title to such Products to you and this license shall not be considered a “sale” of the content. You own the media on which the Products are recorded, if any, but we retain full and complete title to the Products (whether on any fixed media or otherwise). You may not:-
- copy (save as expressly provided in these Terms), redistribute, sell, rent, lease, transfer or sublicense the Products;
- circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signalling or copy protection technology in which the Products are wrapped or otherwise associated with;
- edit, modify, translate or create derivative works or adaptations of the Products;
- decompile copy, reproduce, reverse engineer or disassemble the Products (other than to the extent permitted under applicable law); or
- operate the Products from a network or mainframe system unless with our prior written consent. Your licence to use the Products automatically terminates if you fail to comply with any provisions of this license.
- You must not attempt to avoid or undermine any protections we put in place for the security and operation of the Products.
- You must not attempt to gain unauthorised access to the Products, the server on which the Products are hosted or any server, computer or database connected to the Products or to attack the Products via a denial of service attack or by any means other than through a normal web browser in the generally-accepted manner, and in accordance with these Terms. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use the Products shall immediately and automatically cease.
4 Third Party Content
We are not liable or responsible for any third party content on the Site. Third party content includes, for example, comments, blogs and articles posted by any third parties, the content of advertisements, applications posted by other third parties and content accessed through applications.
5 Intellectual Property Rights
For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in the Products. All such rights are reserved. Our status (and that of any identified contributors) as the authors of the Products must always be acknowledged.
6 Your Personal Information
7 Our Liability
- The provisions of this clause 7 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with the Terms or your use of the Products generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
- The information and material contained on the Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Site or any website or webpage to which it is linked.
- Save as expressly provided in these Terms, we make no representations or warranties with respect to the Site or its content or any products or software made available via the Site. All warranties (express or implied) are hereby excluded to the fullest extent permitted by law.
Nothing in the Terms excludes or limits our liability:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation;
- for deliberate breach of these Terms by us; or
- for any other liability that cannot be limited by applicable law.
To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
- loss of or corruption to data;
- loss of profit;
- loss of anticipated savings;
- loss of anticipated revenue;
- loss of business;
- loss of opportunity;
- adverse effect on reputation and/or goodwill; or
- any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
- Without prejudice to the generality of the exclusions of liability contained in this clause 7, we shall not be liable to you if you cannot access the Site properly or at all (wholly or partly) or if some of its products, services, applications or other features are unavailable to you due to events outside our control (including without limitation the performance of any internet service provider, the performance of any internet browser, limitations of the device you use to access the Site and/or any malicious or unintentional harm done by yourself or others).
- We shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any content, material or other information or data from or on or made available via the Site, or for any use of or reliance on any content on the Site.
- Whilst we monitor the Site with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that the Site or the services, products or applications made available via the Site or any other individual feature of the Site will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content or software on it or made available via the Site, or on any website linked to it.
If any court or competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Terms shall not be affected.
We may revise the Terms at any time by amending the page on which the relevant Terms appear. You must check the page of the Site where the Terms appear, from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on the Site.
10 Jurisdiction and Applicable Law
- The law governing the Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Victoria and Australia.
- The courts of Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where the Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business.