Terms and Conditions

Limitation of liability

(a)            Subject to clause 11.3,  GetMaths does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.

(b)            Subject to clause 11.3 and to any claims available under consumer protection laws, GetMaths and its officers, employees, contractors and agents are not liable for any loss or damage, including, but not limited to, direct or indirect losses however suffered or sustained in connection with:

(i)              any inaccurate or incorrect information in the Content;

(ii)             Users’ use of the Content;

(iii)           any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;

(iv)           any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;

(v)            the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Site;

(vi)           any unauthorised access to or alteration of a User’s account information;

(vii)          for anything a User does to a third party as a result of using the Content or Site;

(viii)        for any inability to use any third party equipment or access to data;

(ix)           for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Site;

(x)            for any indirect, incidental, punitive or special loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site, even if Teach Starter has been advised of the possibility of such damages or if such damages are foreseeable;

(xi)           for any loss or damage to a User’s computer, technology, data or other material caused by a distributed denial of service or similar attack, any virus, trojan, worm, disabling feature, malware or other material which is malicious or technologically harmful due to the use of the Site or the Contents.

(c)            For claims that cannot be excluded or restricted under consumer protection laws, the liability of Teach Starter for such a claim will be limited to:

(i)              in the case of goods: repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and

(ii)             if the breach relates to Content or Services: resupplying that or equivalent Content or Services, or paying the cost of having the Content or Services resupplied.

Indemnity

Users indemnify, hold harmless and will defend GetMaths and its officers, employees, authorised representatives and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that Teach Starter may incur or suffer as a direct or indirect result of:

(a)            any breach of these Terms of Use;

(b)            a User’s negligent acts or omissions;

(c)            an actual or alleged breach by a User of any law, legislation, regulation, by-law or code of conduct caused by the Content or other data uploaded to or downloaded from the Site;

(d)            use of the Content or Site, including any third party claims made in connection with, or arising out of, the User’s use of the Content and Site;

(e)            any claims brought by or on behalf of a third party relating to any act or omission by the User, including breach of a third party’s copyright, trade mark or licence or use of a Third Party Product.