1. Acceptance of terms. Your access to and use of the Back-to-Front Maths website (www.backtofrontmaths.com.au) (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. Advice. The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3. Website ownership. Back-to-Front Maths is owned and operated by Kennedy Press Pty Ltd and copyright of all material contained therein is held by either Tierney Kennedy or Kennedy Press Pty Ltd, except where specifically indicated.
4. Changes to website. Kennedy Press reserves the right to:
4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Kennedy Press shall not be liable to you for any such change or removal; and
4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
5 Links to third party websites. The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
6.1 Copyright © 2016 by Kennedy Press Pty Ltd, Australia. All rights reserved.
6.2 This Website and any Kennedy Press publications and material which may be accessed from it are protected by copyright and is subject to the following conditions.
i. Individual Licence holders are permitted to download and photocopy documents on this Website solely for use with their own students, solely for the duration of 2016. Material from this Website may not be stored or used after 2016. Material from this Website may not be reproduced, stored in retrieval system, modified, made available to any individual or network, used to create derivative works, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise at any time including during the duration of this Licence. Each individual licence holder has sole responsibility to ensure that his/her username and password remain confidential, and that no other individuals access the Website using these details.
ii. Site Licence holders are permitted to download and photocopy documents on this Website solely for use with students for whom payment has been made, whether this be for individual classes, grades or for whole school populations, and solely for 2016. Material from this Website may not be stored or used after 2016. Material from this Website may not be reproduced, stored in retrieval system, modified, made available to any individual or network, used to create derivative works, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise at any time including during the duration of this Licence. Each Site Licence holder has responsibility to ensure that his/her username and password remain confidential, for use only by teaching and administration staff for the relevant class, grade or school as per the agreement, and that no other individuals access the Website using these details.
6.3 Excluding the conditions in (6.2) above, no content on this Website or in the Kennedy Press publications and material may be downloaded, reproduced, stored in a retrieval system, modified, made available on a network, used to create derivative works, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except:
i. with the prior written permission of Kennedy Press. Requests to the Publisher for permission should be addressed to the Manager. The licenses set forth in (2) above may be revoked by Kennedy Press on notice.
6.4 Kennedy Press reserves the right to alter this licence at any time and at its sole discretion.
7.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Kennedy Press or otherwise used by Kennedy Press as permitted by law.
7.2 Use of photographs and images: all photographs and images on the web site have been sourced by Kennedy Press who retain exclusive copyright on their use and distribution unless specifically stated otherwise. Where photographs or images remain the property of a third party, all rights to their use and distribution remain with the party to which the photographs or images have been specifically attributed.
8 Disclaimers and limitation of liability.
8.1 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, Kennedy Press will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 Kennedy Press makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Kennedy Press for death or personal injury as a result of the negligence of Kennedy Press or that of its employees or agents.
9 Indemnity. You agree to indemnify and hold Kennedy Press and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Kennedy Press arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
10 Severance. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11 Governing law. These Terms and Conditions shall be governed by and construed in accordance with Australian law and you hereby submit to the exclusive jurisdiction of the Australian courts.