Terms and Conditions
Terms and Conditions
Welcome to Primary Maths website. These are our Terms & Conditions for use of the Site which you may access in several ways, including but not limited to the web, PDAs and mobile phones. These Terms & Conditions apply whenever you access the Site, regardless of how you access the Site. Users are liable for their own internet usage charges. It is responsibility of the users to ensure their computers and internet access is sufficient to access Primary Maths.
Use of this site
Primary Maths is the owner and operator of this Site.
Users of this Site (Users) agree to be bound by these Terms & Conditions, which are subject to change at Primary Maths’ sole discretion. Your use of and access to this Site indicates your acceptance of these Terms & Conditions, as they exist at that time.
All intellectual property in relation to content on this Site belongs to Primary Maths. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
The logos of the Site are the property of Primary Maths. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo or trademark displayed on the Site, without the express written permission of the owner.
Liability & Indemnity
Primary Maths does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, Primary Maths excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:
(a) Primary Maths does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at Primary Maths’s sole discretion and without notice.
(b) Primary Maths will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(d).
(c) Primary Maths does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Primary Maths or the server that makes it available, are free of viruses or bugs.
(d) Liability of Primary Maths, for any breach of a term or condition implied by law is limited at Primary Maths’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
(e) You indemnify Primary Maths and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.
Third Party Content & Links
This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
This Site may include links to third party sites which are not related to Primary Maths and in relation to which Primary Maths has no control or interest. The appearance of those links on this site does not indicate any relationship between Primary Maths and that third party or any endorsement by Primary Maths of that third party, its site or the products or services.
When you submit content to Primary Maths in any format, including any text, photographs, graphics, video or audio, you grant Primary Maths a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in any way, now and in the future.
Primary Maths reserves the right not to use the content you submit.
You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
You indemnify Primary Maths against any and all legal fees, damages and other expenses that may be incurred by Primary Maths as a result of a breach of the above warranty.
You waive any moral rights in your contribution for the purposes of its submission to and use by Primary Maths in accordance with these terms.
Users may include links to this Site from other websites and social media.
Subscriptions, Payment Method and Cancellations
Prices are exclusive of GST. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law. The Payments Terms in place at the time you confirm a transaction will govern that transaction.
Web-delivered goods are supplied immediately upon processing payment details. All subscriptions are payable via PinPayments and are subject to PinPayments’s terms and conditions. No credit card information is collected or held by Primary Maths. When you provide a funding instrument, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize our designated payment processor to charge the full amount to the funding instrument you designate for the transaction. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Due to the unlimited access to Site content, subscriptions may only be cancelled within 24 hours of subscribing with a money back guarantee by emailing us at email@example.com. No refunds will be offered beyond this time. Except as otherwise stated, purchases are non-refundable to the full extent permitted by law. You will not sell your subscription, nor the balance of your subscription to anyone, or transfer it to anyone.
We may cancel any subscription if we believe a violation of these Terms and Conditions has occurred, or if we believe doing so may prevent financial loss.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
Primary Maths is very sensitive to the privacy needs of its website visitors and subscribers and is wholly committed to maintaining privacy at the highest level. Primary Maths does not sell or otherwise share subscribers’ or website visitors’ personal information with anyone.
Primary Maths never automatically collects any information that specifically identifies you such as your name, address, or e-mail address. This information is collected only when you voluntarily provide it as part of the subscription process (“Subscriber Information???). We will ask you whenever we need Subscriber Information that identifies you or allows us to contact you.
It is your choice whether or not you provide your Subscriber Information to Primary Maths, but Subscriber Information is required for Primary Maths to provide you with services (for example, access to Primary Maths under a subscription agreement).
Your Subscriber Information may be used internally within Primary Maths. For example, Primary Maths may use your Subscriber Information internally to provide subscription services to you and process your transactions, to contact you for customer service and billing purposes, to communicate to you about your subscription or changes to our service, to understand who uses the Website and to improve the Website. In addition, Primary Maths reserves the right to disclose your Subscriber Information under limited circumstances in the event Primary Maths believes that the Website is being used to commit unlawful acts, and/or if disclosure of your Subscriber Information is required to comply with applicable laws or regulations, or with a court or administrative order.
Non-personally identifying information (“Usage Information???) comprises information that does not identify any particular user. Examples include: information about which of Primary Maths’s pages are visited on an aggregate level, browser type, operating system type, or IP address.
The Primary Maths Website may place a text file called a “cookie??? in the browser files of your computer. Cookies can be used to provide you with tailored information from the Website. The cookie itself does not contain Subscriber Information. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.
Users will not use this site for any purpose or in any way which is unlawful.
These Terms & Conditions shall be governed by and interpreted in accordance with the laws of Australia, New South Wales, Victoria, South Australia, Western Australia, Tasmania, Australian Capital Territory, Queensland, and Northern Territory.