Terms of service

Overview

This website is operated by MathifyHSC. Throughout the site, the terms “we”, “us” and “our” refer to MathifyHSC. These Terms and Conditions apply to the use of the Website and to the use and purchase of Materials and other goods and services from us. In using the Website you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website or purchasing goods/services through it.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

SECTION 1 - GENERAL DISCLAIMER & CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You acknowledge that MathifyHSC does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms. MathifyHSC will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • MathifyHSC will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services, and any of the products of MathifyHSC (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of MathifyHSC, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MathifyHSC (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of MathifyHSC) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
  • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
  • the Content or operation in respect to links which are provided for the User's convenience;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
  • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

·         MathifyHSC does not guarantee any academic results from the use of our products. Our workbooks are intended to aid in learning, but individual results may vary.

 

 

Section 2: Products or Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (Purchase Price). Payment of the Purchase Price may be made through Stripe or PayPal (Payment Gateway Providers). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers. Following payment of the Purchase Price being confirmed by MathifyHSC, you will be issued with a receipt to confirm that the payment has been received and MathifyHSC may record your purchase details for future use. MathifyHSC may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. You acknowledge that the Purchase Services offered by MathifyHSC integrate delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers). In providing the Purchase Services, MathifyHSC may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that MathifyHSC is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. In the event that an item is lost or damaged in the course of the Delivery Services, MathifyHSC asks that you:

  • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
  • contact us by sending an email to support@mathifyhsc.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

 

 

Section 3: Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

 

Section 4: Copyright and Intellectual property

The Website, the Services, and all of the related products of MathifyHSC including our workbooks are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by MathifyHSC or its contributors.

All trademarks, service marks, and trade names are owned, registered and/or licensed by MathifyHSC, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device's cache memory; and

MathifyHSC does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by MathifyHSC.

You may not, without the prior written permission of MathifyHSC and the permission of any other relevant rights owners: broadcast, photocopy, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Section 5: Refund Policy

At MathifyHSC, customer satisfaction is important to us. We understand that there may be instances where you may need to request a refund. Our refund policy is as follows:

MathifyHSC may, at our sole discretion, provide a refund for products purchased through our website. Refunds are typically provided in the following circumstances:

  • If the product arrives damaged or defective.
  • If the product received is not as described on our website.
  • If you have not received the product within a reasonable timeframe.

To be eligible for a refund, you must contact us within 14 days of receiving the product and provide proof of purchase. The product must be unused and in the same condition that you received it. It must also be in the original packaging.

To initiate a refund request, please email us at support@mathifyhsc.com with your order details and the reason for your refund request.

Please note that all refund requests are evaluated on a case-by-case basis, and MathifyHSC reserves the right to refuse any refund request at our sole discretion.

You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this policy.

Section 6: Accuracy of Contents

MathifyHSC strives to ensure the accuracy and quality of the content in our products. However, we disclaim any warranty that Materials or descriptions of Materials will be accurate, complete, reliable, current, useful or error-free. If you identify any typographical errors or inaccuracies in our products, please contact our team at support@mathifyhsc.com to report the issue.

While we appreciate your feedback and will work to address any errors, we do not guarantee refunds or replacements due to these errors. MathifyHSC may, at our sole discretion, choose to issue replacements on a case-by-case basis.

 

Section 7: Limitation of Liability

MathifyHSC's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of MathifyHSC is the resupply of information or Purchase Services to you.

You expressly understand and agree that MathifyHSC, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. MathifyHSC is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of MathifyHSC, by third parties or by any of the Purchase Services offered by MathifyHSC.

You acknowledge that MathifyHSC does not provide the Delivery Services to you and you agree that MathifyHSC will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

 

Section 8: Indemnity

You agree to indemnify MathifyHSC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  3. any breach of the Terms.

 

Section 9: Severability and Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

In the event of a change in control of our business, we reserve the right to transfer, assign, or sublicense any personal information and/or User Content you have provided to us. By using our services, you consent to this transfer. Additionally, you agree that we have the right to assign, transfer, or novate our rights under these Terms and Conditions.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

 

Section 10: Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

 

Section 11: Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.