TERMS & CONDITIONS

PLEASE READ CAREFULLY. BY USING THE NUMERACY SKILLS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE NUMERACY SKILLS WEBSITE.

  1. 1.INTRODUCTION

    1. 1.1This Agreement details the terms and conditions that need to be agreed to before any user ("User(s)*") accesses and uses the Numeracy Skills platform numeracyskills.com ("Numeracy Skills").
    2. 1.2The Numeracy Skills platform and all of its contents, including but not limited to, all text and images, are owned and copyrighted by Maths Circle Australia Pty Ltd (ABN 33 668 067 329) ("we" or "us").
    3. 1.3If you have any questions, comments or concerns regarding Numeracy Skills or these terms and conditions, please contact us at [email protected] .

  2. 2.GENERAL

    1. 2.1Users' access to and use of Numeracy Skills is conditional on their acceptance and compliance with the terms, conditions, notices and disclaimers contained within this agreement (the "General Conditions").
    2. 2.2User's access to and use of Numeracy Skills constitutes their agreement to be bound by the General Conditions. If you do not agree to any of the General Conditions, you must immediately cease using Numeracy Skills.
    3. 2.3We reserve the right to revise and update the General Conditions at any time effective on the date of posting to the Numeracy Skills website the new and/or revised provisions.
    4. 2.4All Users must agree to our Privacy Notice (accessible here - https://numeracyskills.com/privacy-policy ). Access to and use of Numeracy Skills constitutes the User's agreement to be bound by the Privacy Notice and constitutes the User's consent to the collection, storage, use and dissemination of the User's personal information in accordance with the Privacy Notice.
    5. 2.5All schools must agree to comply with the terms and conditions contained in these General Conditions. Access to and use of Numeracy Skills constitutes the school's agreement to be bound by the General Conditions, and constitutes the school's consent to the processing and handling of their Users' Personal Information (as that term is defined in the Privacy Act 1988 (Cth)) by us in accordance with our Privacy Notice. The School is responsible for the use of Numeracy Skills by its authorised Users and must ensure any Users using Numeracy Skills through the school are made aware of and comply with these General Conditions and the Privacy Notice.

  3. 3.OWNERSHIP OF CONTENT

    1. 3.1All materials displayed on the Numeracy Skills platform, including without limitation all information, text, materials, graphics, software, tools, code and results derived from the use of software and tools, advertisements, names, logos and trade marks on the Numeracy Skills platform (collectively known as the "Content") are protected by copyright, trade mark and other intellectual property laws unless otherwise indicated.
    2. 3.2Copyright in the Numeracy Skills platform (including text, graphics, logos, icons, sounds recordings, computer code and software) and the Content is owned or licensed by Maths Circle Australia Pty Ltd (ABN 33 668 067 329). Except as expressly authorised by these General Conditions, or by legislation or statute, Users must not in any form or by any means:
    3. 3.2.1adapt, copy, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Content; or
    4. 3.2.2commercialise any information, products, or services obtained from any part of the Content.
    5. 3.3Users must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit, share or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
    6. 3.4Users must not use the Content for commercial purposes without first obtaining our prior written consent.

  4. 4.LICENCE TO USE NUMERACY SKILLS PLATFORM

    1. 4.1We grant you a limited licence to access and make use of the Numeracy Skills platform for educational purposes. As a condition of such licence, you agree:
    2. 4.1.1Not to download any part of the Numeracy Skills platform or its Content, except where we encourage you to;
    3. 4.1.2Not to modify any part of the Numeracy Skills platform or its Content;
    4. 4.1.3Not to resell or make any commercial use of the Numeracy Skills platform or its Content;
    5. 4.1.4Not to misuse the Numeracy Skills platform, including conduct such as hacking, using robots, using spiders, automating the submission of data and the use of data mining or similar data gathering tools;
    6. 4.1.5Not to access the Numeracy Skills platform or the Content in any manner or for any purpose which:
    7. (a)Is illegal or prohibited by any laws that apply to the User;
    8. (b)Violates our rights in any way; or
    9. (c)is prohibited by the General Conditions.
    10. 4.2Any User found to be intentionally misusing the Numeracy Skills platform (e.g. hacking or sending fraudulent results) will not be permitted to use the Numeracy Skills platform and their licence shall be immediately revoked. Users must not use rude or inappropriate words when using the Numeracy Skills platform.
    11. 4.3We reserve the right to terminate, temporarily suspend and/or cancel a licence to use the Numeracy Skills platform.
    12. 4.4Users of the Numeracy Skills platform are liable for their own internet usage and mobile device charges. It is the responsibility of Users to ensure their computers, mobile devices and internet access is sufficient to access the Numeracy Skills platform.
    13. 4.5Users must take their own precautions to ensure that the process, which they employ for accessing the Numeracy Skills platform, does not expose them to the risk of viruses, malicious computer code, or other forms of interference, which may damage their own computer system or mobile device. We do not accept responsibility for any interference or damage to users' own computer systems, mobile devices or data, which arises in connection with their access and/or use of the Numeracy Skills platform.
    14. 4.6We reserve the right to charge for the use of the Numeracy Skills platform, however this would only be imposed with prior notice and the option to stop using the platform should the charge not be acceptable.
    15. 4.7We reserve the right to impose additional charges for premium additional content, bolt-ons, printed content (where applicable), training, mobile app access, as well as special educational events, or competitions (whether online or in person) in connection with the Numeracy Skills platform, however this would only be imposed with prior notice and the option not to use the premium content should it not be acceptable.

  5. 5.PRIVACY

    1. 5.1We collect, use and disclose any personal information you provide us when accessing or using the Numeracy Skills platform in accordance with our Privacy Notice. For more information on our information collection and handling practices, please view our Privacy Notice (accessible here - https://numeracyskills.com/privacy-policy ).
    2. 5.2You warrant that you have all appropriate consents to disclose and share Personal Information (as defined under the Privacy Act 1988 (Cth)) with us for the purpose of providing the Platforms. You must not provide us with any Personal Information where you do not have consent to disclose and share that Personal Information.
    3. 5.3Each party must:
    4. 5.3.1comply with all applicable privacy, data protection, cybersecurity and anti-spam laws, regulations, and regulatory guidance (Privacy Laws) in relation to Personal Information;
    5. 5.3.2only collect, store, use, disclose or otherwise deal with Personal Information in accordance with all Privacy Laws;
    6. 5.3.3only use or disclose Personal Information to the extent necessary to provide, use or provide the Platforms and our services;
    7. 5.3.4ensure any person to whom it discloses Personal Information is aware of and complies with the party's obligations under this clause; and
    8. 5.3.5not do any act, engage in any practice, or omit to do any act or engage in any practice that:
    9. (a)would result in a breach of a Privacy Law if the Privacy Law applies to those things done, engaged in or omitted to be done by the party; or
    10. (b)would cause the other party to breach or be taken to breach a Privacy Law.
    11. 5.4A List of third party service providers that we may disclose your Personal Information to is set out in Annex A.

  6. 6.DISCLAIMER AND LIMITATION OF LIABILITY

    1. 6.1Although we have no reason to believe that any information contained within the Numeracy Skills platform is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep the Numeracy Skills platform updated.
    2. 6.2We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in the Numeracy Skills platform. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Numeracy Skills platform 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.
    3. 6.3Neither we, nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, howsoever arising (whether in negligence or otherwise) in connection with Users' use of, and/or access to, the Numeracy Skills platform, the Content, or any omissions from the Content, save where legislation states otherwise.

  7. 7.INDEMNITY

    1. 7.1All Users must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified against all losses, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by the User of the General Conditions.

  8. 8.TERMINATION

    1. 8.1We may terminate access to the Numeracy Skills platform at any time. These General Conditions will nevertheless survive any such termination.

  9. 9.ADVERTISING AND LINKS TO OTHER WEBSITES

    1. 9.1The Sites and Apps may contain links to third party sites ("Linked Sites") such as YouTube where some of our help and resource videos are stored. Linked Sites are not under our control and we are not responsible for the content of any Linked Sites. We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Sites by us or our directors, officers, agents, employees and contractors. Users link to any Linked Sites entirely at their own risk.
    2. 9.2Neither we nor our directors, officers, agents, employees or contractors give any representation or warranty as to the reliability, accuracy, or completeness of any Linked Sites, nor do we accept any responsibility arising in any way for any errors in, or omissions from, any Linked Sites.

  10. 10.GENERAL

    1. 10.1This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. The courts of New South Wales, Australia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these General Conditions.
    2. 10.2If any of the General Conditions are held to be unenforceable, invalid or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

  11. ANNEX A – Authorised Sub-Contractors

    Sub-Processor NamePurpose of ProcessingWeblinkLocation of ProcessingChild Data?DPA?
    STORAGE PROVIDERS
    Amazon Web ServicesElectronic data storage, cloud server, email and transmission service aws.amazon.com AustraliaYesYes
    DEVELOPERS
    Web/App Developers & ConsultantsContracted developers and consultants who develop, enhance and maintain the Sites and AppsN/AUK, EUYesYes

    Where we use third party services to run and administer the Numeracy Skills platform and services, we will only provide them with the minimal amount of information needed for the purposes of delivering their service to us and to meet our requirements. We always carry out due diligence against all our third-party suppliers for the purposes of ensuring their compliance with data protection, maintaining adequate security of your data and ensuring they apply adequate data protection principles to the processing of the data we supply. We also make sure a legally binding contract (sometimes called a Data Processing Agreement or DPA) is also in place to protect Personal Data.