Numero Maths Pty Ltd (NMPL)
&
Independent Education and Training Pty Ltd (IETPL)

GENERAL TERMS OF USE – ONLINE CONTENT

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

This User Agreement (User Agreement) is a contract between you and NMPL/IETPL and applies to all users of the Numero App (Numero App). In this User Agreement “you” or “your” means any person or entity using the Numero App, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (Age of Majority), and also includes the person’s parent or legal guardian. Unless otherwise stated, “Numero”, “we” or “our” refers to NMPL and/or IETPL.

Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use the Numero App so that you will understand the terms applicable to your access and use of the Numero App. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on the Numero App and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Numero App. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Subscription Period (as hereafter defined) at the time of amendment.

Privacy Policy

Our general Privacy Policy (as of the most recent effective date) (Privacy Policy) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to this Privacy Policy, we will notify you of the changes by posting the revised version to the Numero App and on the www.numero.org website. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Numero App. Any other posted guidelines or rules applicable to any individual use of the Numero App will form part of this User Agreement.

Purchases/Subscriptions

If you wish to purchase any product or service made available through the Numero App (Purchase), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors & Inaccuracies

We are constantly updating product and service offerings on the Numero App. We may experience delays in updating information on the Numero App and in our advertising on other websites. The information found on the Numero App may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Numero App and we cannot guarantee the accuracy or completeness of any information found on the Numero App.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Registration and Your Account

Certain products, services, information and materials provided through the Numero App may be accessed and/or used by you without requiring registration to the Numero App (collectively, Public Materials). Other products, services, information and materials provided through the Numero App require registration in order to be accessed and/or used by you (collectively, Member Materials). This User Agreement applies equally to the use and access of Public Materials and Member Materials.

When you register on the Numero App, you will be asked to register a login name and password and you may be asked to enter an access code or purchase an online subscription in order to access the Member Materials (collectively, your Account).

If registering via a School Customer account, only the school’s details will be collected, not the account or password information of the individual students.

All Public Customer subscriptions will automatically renew at the end of each annual period unless you cancel your subscription at least 24 hours before the end of the current period. Reminders will be sent when your subscription is due to renew. You may cancel your subscription at any time by accessing the Manage My Subscriptions section of your account within the Numero App.

All School Customer subscriptions will be rolled over on the 31st December (end of the school year in Australia) or the equivalent date elsewhere in the world, as subscriptions are for twelve months in duration. School Customers must advise the total number of licenses required for the following year at least 48 hours before the end of the current period. Reminders will be sent when your subscription is due to renew. You may cancel your subscription at any time by accessing the Manage My Subscriptions section of your account within the Numero App. The number of licences can be altered throughout the subscription period by contacting NMPL/IETPL directly.

Content

Content found on or through this Service are the property of NMPL/IETPL or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.

You are responsible for maintaining the confidentiality of your username and password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account . You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate Accounts, remove, or edit content, or cancel orders at our sole discretion.

Security of Your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR LOGIN AND PASSWORD. YOU SHOULD KEEP YOUR LOGIN AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your login and password to identify you when you return to the Numero App. If you forget your login or password, you may reset your password by clicking ‘I’ve forgotten my password or login’ on the login page.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to immediately notify NMPL/IETPL of any unauthorised use of Your Account or any other breach of security. Neither NMPL, IETPL or its IT Provider will be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorised access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. NMPL, IETPL and its IT Provider disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

Intellectual Property

The Numero App and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of NMPL or IETPL. The Numero App and “Numero” is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of NMPL or IETPL.

This User Agreement grants to you a limited license to access and use the Numero App, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of the Numero App only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of the Numero App may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Public Materials, the Member Materials or any other Numero related materials in a manner that suggests an association with any of our products. You may not make any modifications to any Public Materials, Member Materials or any other Numero related materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Numero App pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Numero App for your own personal, non-commercial use; (ii) download or copy Numero App information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Numero App or the Numero Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Numero App or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Numero App and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Numero, NMPL, IETPL or its licensors; or (viii) use any meta tags or any other “hidden text” utilising the trademarks, logos, trade names or content of Numero, NMPL, IETPL or its licensors.

If you download, access or use software from the Numero App, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. NMPL/IETPL keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorised or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

NMPL and IETPL has the right to vary, modify, change or discontinue: (i) any feature or function offered on the Numero App; (ii) any part or all of the Numero App, including hours of availability; and (iii) to restrict access to parts or all of the Numero App from time to time with or without notice to you. NMPL/IETPL may make available and upgrade the Numero App on the same terms and conditions as this User Agreement and any such upgrades will form part of the Numero App. In order to obtain and access parts of the Numero App, including upgrades, you may be required, at your own cost, to install specific software on your computer. To make the experience on the Numero App more enjoyable, please follow the minimum requirements outlined here. These requirements may change and such changes will be posted on the Numero App.

School Access

For the purpose of school online access and licences; A School Customer is defined as any educational institution. A School Customer Subscription to the Numero App applies to students of that school attending on a full-time or part-time basis.

User Code of Conduct

The Numero App is provided by NMPL/IETPL and is intended to be used in a safe and enjoyable fashion .You are responsible for the content of any material you enter on the Numero App. Users of the Numero App must not:

• Use the Numero App in such a way as to offend or interfere with the use by anyone else of the Numero App;
• Sell, trade or barter any items earned through the Numero App;
• Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Numero App that: (i) are defamatory, libellous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
• Attempt to circumvent the security systems of the Numero App;
• Attempt to gain access to the Numero App in a fraudulent manner, including but not limited to using fraudulent promo codes;
• Attempt to use the Numero App in a fraudulent manner, including but not limited to, access to the Numero App or information or images that have not yet been officially announced or incorporated into the Numero App’s functionality.
• Attempt to gain access to any other user’s Accounts;
• Attempt to ascertain any other user’s password, promo codes and/or personal information by any means whatsoever, including without limitation, by use of the Numero App or any other website, or by email communication;
• Attempt to harvest or otherwise collect information about other users without their consent;
• Attempt to use the Numero App for any purposes other than those intended by Numero, NMPL or IETPL; or
• Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

Spam

The publication of electronic mail addresses on the Numero App is to facilitate communications relating to the functions of the Numero App and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Email and Cell/Mobile Phone Communications

By supplying your email address and/or mobile phone number upon registration to NMPL/IETPL, you consent to receive promotional and/or program update emails from NMPL/IETPL. You may opt out of these emails and/or phone communications at any time by following the specific opt out instructions within the communication we send.

Termination

We may terminate or suspend your Account and bar access to the Numero App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.
If you wish to terminate your Account, you may simply discontinue using the Numero App.
All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless NMPL, IETPL and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Numero App, by you or any person using your Account; b) a breach of these Terms of Use, or c) content posted on the Numero App.

Limitation of Liability

In no event shall NMPL, IETPL, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Numero App; (ii) any conduct or content of any third party on the Numero App; (iii) any content obtained from the Numero App; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Numero App is at your sole risk. The Numero App is provided on an “AS IS” and “AS AVAILABLE” basis. The Numero App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

NMPL, IETPL, its subsidiaries, affiliates, and its licensors do not warrant that a) the Numero App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Numero App is free of viruses or other harmful components; or d) the results of using the Numero App will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. They will however, apply to the fullest extent permitted by law in your jurisdiction.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of Western Australia.

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, those invalid or unenforceable provisions will be severed and the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our the Numero App, and supersede and replace any prior agreements we might have had between us or any representations made regarding the Numero App.

Complaints

Please contact us if you have any complaints about the Numero App product and we will endeavour to assist you.