Meanwhile Education Pty Ltd, trading as Matilda Education (“Matilda”) terms and conditions for use of Matilda digital products
Introduction
Last updated: April 11, 2022
These Terms of Use for Digital Products (“Terms”) apply to web-based School Products (“Products”) and related apps and technologies provided by Matilda. and its affiliates. The term “Products” as used in these Terms refers to the products, services, websites, content, databases, software, technologies, and tools delivered by Matilda for use in schools or privately for use in undertaking School courses of study, and that link or otherwise refer to these Terms, or that are delivered through a website or service that links or refers to these Terms.
If you are under 18 years of age, your parent or guardian must enter into these Terms on your behalf, and this parent or guardian represents and agrees that he or she accepts these Terms on your behalf.
The Products are for use by students and classroom teachers and administrators in schools. Access to Products is sometimes enabled through a learning management system (LMS) integration. Matilda only collects and processes information pertaining to children as a processor for the educational institutions when delivering its Products. Matilda does not use identifiable school student information for its own purposes. See Matilda’s Privacy Notice for additional information on Matilda’s privacy and data collection and usage practices.
Matilda is willing to provide the Products to you only on the condition that you first accept these Terms. By accessing, registering for, or using any Product, or by accepting these Terms through an “I Accept” check-box or similar method, you agree to these Terms. These Terms along with any Order (defined below) form a legally binding agreement between you and Matilda.
Please read these Terms carefully and if you do not agree with them in any way, you may not access or use the Products. Your use of certain Products, or parts of certain Products, may be subject to additional terms, which may be presented to you for acceptance when you sign up for those Products.
If you are accepting these Terms on behalf of another organization or entity, you represent that you are duly authorized to bind that organization or entity to these Terms.
Orders
You may gain access to the Products through your acceptance of an online or printed order form or other ordering document that references these Terms, including access through an access code (an “Order”). An Order may specify applicable fees, how long you are authorized to use the Product, and other terms. In the event of a conflict between these Terms and the terms of an Order (excluding these Terms), these Terms shall control except only to the extent that the Order identifies the specific provision(s) in these Terms to be varied.
Changes to the Products
Matilda may, with or without notice, add features to the Products, or change or remove features of the Products, at any time.
Your Account
To use a Product, you will need a Matilda username and password, unless you log in through a “single sign-on” system using your LMS username and password if the School Product includes this feature. Certain Products may also require additional login information or the activation of an access code.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or transfer your account. Accounts are one-to-one and should not be shared or accessed via a generic email account.
You must keep your username and password confidential. You are responsible for all activities, charges, and liabilities associated with your account. You agree to immediately notify Matilda of any unauthorized use of your account of which you are aware. If you are a minor, Matilda reserves the right to provide access to your account to your parent, guardian or other authorized adult, upon such adult’s request.
Content
The Products may allow you to upload or otherwise add information, text, graphics, photos, audio, video, and/or other materials and content (“Content”). You represent and warrant that you own or have the full right to provide all Content that you provide through the Products for use with the Products (“Your Content”), and that Your Content does not infringe any third-party rights, including any intellectual property, publicity or privacy rights.
Matilda does not obtain ownership of Your Content. You hereby grant Matilda a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable and transferable license to use, distribute, reproduce, modify, prepare derivative works of, perform and display Your Content in connection with the Products and Matilda’s business, including for promoting the Products, in all media now known or hereafter devised, and through any media channels. If perpetual license terms are not allowed by law, the term shall be for the longest period allowed by applicable law.
Matilda does not adopt, endorse, or accept responsibility for Your Content or any third-party Content. You agree that Matilda will not be liable for any loss or damage resulting from your reliance on Your Content or any third-party Content available through the Products.
Matilda reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove Content from the Products.
After termination of your use of any Products, except as required by applicable law, Matilda does not have any obligation to destroy, return or retain Your Content relating to your use of such Products, including the student data visible via the reports dashboard.
It is your sole responsibility to backup and export Your Content prior to termination.
Your Use of the Products
During the applicable term of your subscription for use of the Products, Matilda grants you a limited, non-exclusive, non-transferable license only to access and to use the Products for the Permitted Use (as defined below), subject to your compliance with these Terms. You may not use the Products for any other purpose, or after the end of the applicable term, or after termination of your rights to use the Products under these Terms. “Permitted Use” means your personal non-commercial purposes.
You shall provide, at your own expense, suitable equipment, software, and internet access as necessary to access and use the Products.
Neither the Products nor any portion thereof may be displayed, copied, downloaded, sold, resold, used, distributed, or otherwise exploited for any commercial purpose without Matilda’s prior written consent. You may not frame or utilize framing techniques to enclose any Mark (defined below) or other proprietary information (including images, text, page layout and form) of Matilda or its licensors without Matilda’s prior written consent. You may not use any meta tags or any other "hidden text" using Matilda's Marks without Matilda’s prior written consent. Any unauthorized use by you of Matilda’s Marks or other intellectual property automatically terminates the license granted by Matilda under these Terms and your right to use the Products.
Educational Use of Content
With respect to Content designated as available for download for educational purposes ("Downloadable Content"), librarians, teachers, support staff, administrators, other staff of educational institutions, students, and adults supporting such students' learning ("Educators or Learners") are authorized, subject to applicable law, to download certain Downloadable Content to a personal computer or School server and print, reproduce, and distribute such Downloadable Content solely for use in educational settings and subject to the restrictions set forth below.
The following restrictions apply to all Downloadable Content.
Educators or Learners are prohibited from disseminating or using Downloadable Content beyond such Educator's or Learner's particular educational institution or in violation of local or otherwise applicable laws and regulations. Under no circumstances may an Educator or Learner use Downloadable Content for commercial purposes. Downloadable Content used for any purpose must always maintain unaltered credit, copyright, other proprietary notices, and embedded links. Educators or Learners may make no modifications to Downloadable Content and must preserve all Matilda credits and copyright notices.
With respect to Read-Only Downloadable Content, Educators or Learners may neither make use of nor allow or enable the use of Read-Only Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites or computer networks, regardless of educational use.
With respect to Modular Downloadable Content, Educators or Learners may post only products that the Educator or Learner has created containing such Modular Downloadable Content and only to a website administered by the Educator's or Learner's School or School system, or by Matilda.
Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.
In Australia and New Zealand, the extent of instructor permissible copying, reproduction or display of Matilda Content is governed by Copyright law and your institutional agreement with Copyright Agency Limited in Australia (“CAL”) or Copyright Licensing New Zealand (“CLNZ”), for which an annual fee per student is paid. Permission for use beyond that permitted by your agreement with CAL or CLNZ must be sought directly from Matilda at https://www.Matilda.com.au/permissions.
For clarity, personal use by instructors and students within the designated Matilda platform is granted within these Terms of Use and free of obligations under agreements with CAL and CLNZ, however, any copying, reproduction or display of Matilda Content outside of the designated Matilda platform (e.g., producing in-class handouts for students) is subject to your agreement(s) with CAL and/or CLNZ.
Matilda Materials and Intellectual Property
Matilda and its licensors own and retain all right, title, and interest in and to the Products, all underlying technology used with or otherwise enabling the Products, and all software and Content (other than Your Content, which you own subject to the license set forth herein) available within the Products (collectively, “Matilda Materials”), including all associated trademarks, copyrights, and other intellectual property rights. Nothing in these Terms transfers any such rights, title or interest to you or any other user, and Matilda reserves all rights not expressly granted to you. All software and apps provided to you under these Terms are licensed, not sold.
You agree not to remove, conceal, or alter any proprietary rights notices (including copyright and trademark notices) contained within the Matilda Materials. You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software underlying or otherwise used to provide the Products or any part thereof, except to the extent allowed by law notwithstanding this restriction.
All trademarks, service marks, trade names, logos and graphics included within the Products ("Marks") are trademarks of Matilda and its licensors. You may not use any Marks without the prior written consent of Matilda.
You agree that any breach of your obligations with respect to Matilda's and its licensors’ proprietary or intellectual property rights will result in irreparable injury to Matilda and its licensors for which money damages are inadequate, and you therefore agree that Matilda and its licensors shall be entitled to seek injunctive relief to address such breach, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.
Modifiable Matilda Content
Certain Products may contain some Matilda Materials that are presented to you in a modifiable format, where your modification of the Matilda Materials is expressly and clearly permitted (“Modifiable Matilda Content”).
Subject to your compliance with these Terms and during the term of the applicable Products, you may: (1) modify and create derivative works of Modifiable Matilda Content, (2) reformat and print copies of Modifiable Matilda Content (including your modifications and derivative works of Modifiable Matilda Content) when the capability to reformat and/or print that Modifiable Matilda Content is made available through the Products, and (3) use Modifiable Matilda Content (including your modifications and derivative works of Modifiable Matilda Content) solely for the Permitted Use. Printing of Modifiable Matilda Content in Australia and New Zealand requires compliance with the Statutory Education License for Educators in each territory.
Shared Content
Certain Products may contain Content posted by Matilda and other users (including Your Content) in an area of an applicable Service that is designated as a learning space and/or user community and that is presented to users in a modifiable format and in a manner clearly indicating that modification and distribution for the Permitted Use is permitted (“Shared Content”).
Subject to your compliance with these Terms during the term of the applicable Products, you may: (1) modify and create derivative works of the Shared Content, and (2) copy, distribute, display, perform, and otherwise use those modifications, derivative works, and Shared Content, by means of any media or delivery technology now known or hereafter devised, solely for the Permitted Use. Printing of Shared Content in Australia and New Zealand requires compliance with the Statutory Education License for Educators in each territory.
Open Content
Certain Products may contain Content made available through a Creative Commons license (such as Attribution 4.0 International) or similar “open”-style license (“Open License”), as clearly and expressly specified within the Products (“Open Content”). You will have the rights to use Open Content solely as specified in the associated Open License. Nothing in these Terms shall restrict your rights under any Open License to Open Content provided through the Products.
Your Modifications to Modifiable Content, Shared Content, and Open Content
If you make any modifications to or derivative works of Modifiable Matilda Content, Shared Content, or Open Content, then all such modifications and derivative works shall be considered part of Your Content and are subject to the license and other provisions in the Section entitled “Content” above, as well as all other applicable provisions of these Terms.
Fees
Some Products and associated Content may be available only if an associated fee has been paid. Unless otherwise specified in the applicable Order, all fees are payable in Australian dollars. All fees paid are non-refundable and non-creditable, except as required by applicable law.
Unless another form of payment is specified in the Order, Matilda will bill your credit card (for purposes of these Terms, the term “credit card” includes a credit card or a debit card) for all applicable fees in advance of Service delivery. You shall provide Matilda with accurate and complete billing information, including your name, address, telephone number, and valid credit card information, and shall promptly notify Matilda of any changes in that information. You acknowledge that the agreement between you and the applicable credit card issuer governs use of your credit card for payment of amounts owed to Matilda, including your rights and obligations as a holder of that card.
Matilda will disclose the applicable payment options at the time you place your Order. You shall select a payment method to pay Matilda for purchases you make for and/or from the applicable Products. Matilda or Matilda's billing agent may charge your payment method for all amounts due to Matilda without additional notice or consent unless otherwise required by law. Matilda may, in its discretion: (1) post charges to your payment method individually, or (2) aggregate your charges with other purchases you make within the Products and apply those charges to your next billing cycle.
Except for taxes based on Matilda’s net income, if any authority imposes a tax, duty, levy, or fee (such as the Goods and Services Tax) upon your use of or orders for any Products, you shall pay that amount as specified in the Order or Matilda’s invoice or supply Matilda with exemption documentation. You are also responsible for paying all administrative fees (such as PayPal fees) associated with the Products and any transactions you entered into in connection with the Products.
If Matilda does not receive payment from your credit card issuer, upon demand you shall pay all overdue amounts by other means acceptable to Matilda. Matilda may accept other forms of payment, and if Matilda invoices you for Products, you shall pay to Matilda the amount indicated in each invoice by the due date reflected on the invoice.
If you believe that a billing discrepancy has occurred, unless you notify Matilda in writing within 60 days after the date on which that discrepancy first appeared on your credit card account statement or invoice, as applicable, you waive your right to claim that discrepancy.
Service purchases and subscriptions are non-returnable and cannot be exchanged. Until your Service is terminated, you will continue to accrue charges for which you remain liable, even if you do not use the Product.
If you fail to pay according to these Terms, Matilda may, without prejudice to its other rights and remedies: (1) charge interest on any unpaid amounts on a daily basis from the original due date at the rate of the lesser of 1.5% per month or the maximum amount permissible by law, (2) suspend or terminate your use and/or access to Products, or both (1) and (2). You shall reimburse Matilda for all reasonable expenses Matilda incurs in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable legal fees, and court costs. Matilda may charge a fee for reinstatement of suspended or terminated accounts.
In addition, if you fail to pay according to these Terms, unless otherwise prohibited by applicable law, you consent and agree that Matilda or its designated third-party collection agency may contact you by: (1) phone at one or more of your telephone numbers, including your wireless telephone numbers (in which case you might incur wireless telephone charges under your wireless device plan), (2) text messages (in which case you might incur message and data charges under your wireless device plan) or emails, and/or
(3) any other method of contact, including pre-recorded and/or artificial voice messages or an automatic dialing device.
Matilda may from time to time offer Product promotions and discounts for which you may be eligible, including promotions available for a limited time. Unless otherwise specifically noted, Product promotional offers and discounts apply to first-time purchasers only. Separate Terms and conditions may apply to promotional offers and discounts.
Acceptable Use
You may only access the Products and related Content through the interface provided by Matilda and for lawful purposes. You represent, warrant, and agree that you will not:
- Use the Products to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to any third-party claim, or otherwise violate any local, state, federal, or international law or regulation, including export control laws and regulations. Without limiting the foregoing, you agree that you will not use the Products in connection with the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons.
- Upload, post, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, deceptive, or otherwise objectionable Content;
- Upload, post, or otherwise transmit through, to or otherwise using the Products any Content that infringes or violates any intellectual property right, publicity right, privacy right, or other right of any third party;
- Upload, post, or otherwise transmit through, to or otherwise using the Products any Content that contains any malware, viruses, spyware, worms, or other malicious code or files;
- Disrupt the normal flow of communication in the Products or otherwise act in a manner that negatively affects any other users’ ability to use or benefit from the Products;
- Interfere with or disrupt the Products or servers or networks connected to the Products, or violate any requirements, procedures, policies, or regulations of networks connected to the Products;
- Access (or attempt to access) any part of the Products or Content through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of the Products;
- Use the Products for any phishing, trolling, or similar activities, or to redirect users to other sites or encourage users to visit other sites; or to harvest or collect email addresses or other contact information of other users of the Products by automated or other means;
- Impersonate or attempt to impersonate Matilda or a Matilda employee, another user, or any other person or entity, or post any information that misrepresents the identity, characteristics or qualifications of you or any other person, including the use of a pseudonym, or misrepresenting current or previous positions, qualifications or affiliations with a person or entity, past or present;
- Frame or mirror any part of the Products;
- Use metatags or code or other devices containing any reference to Matilda or the Products in order to direct any person to any other website or Products for any purpose;
- Use the Products in a manner contrary to the educational purpose of the Products, such as by posting answers to test or assessment questions provided through the Products; or
- Otherwise use theProducts in violation of these Terms.
Third-Party Services
The Products may include services or other technology provided by third parties (“Third-Party Services”). The applicable supplier of any Third-Party Services is an intended third-party beneficiary of these Terms and may enforce these Terms directly against you with respect to such Third-Party Services. Alternatively, an Order (or activation process) for a Third-Party Service may include or be accompanied by a separate service, license, or other agreement (“Third-Party Agreement”), in which case that Third-Party Service is provided solely under the Terms of that separate Third-Party Agreement.
Matilda may also provide you with certain “Third-Party Supplier Notices” in connection with the provision of Third-Party Services. The applicable Order (or activation process) for a Third-Party Service may include or be accompanied by Third-Party Supplier Notices.
Placing an Order for a Third-Party Service that includes a separate Third-Party Agreement and/or Third-Party Supplier Notices, or activating a Third-Party Service for which the activation process includes a Third-Party Agreement and/or Third-Party Supplier Notices, constitutes your acknowledgment that you have read and agree to all applicable Third-Party Agreements and Third-Party Supplier Notices. Matilda is not a party to, and is not liable for breaches of, any Third-Party Agreement.
Matilda assumes no obligation or liability for: (1) the functionality or performance of Third-Party Services, including their content, accuracy, or reliability, or (2) the acts and omissions (including with respect to privacy practices) of the suppliers of Third-Party Services. You acknowledge that a Third-Party Agreement might give the applicable third-party supplier rights with respect to your data beyond those allowed by these Terms or Matilda's Privacy Notice. Matilda does not guarantee that a third-party supplier will comply with its agreement with Matilda or its Third-Party Agreement with you, and Matilda is not required to enforce its agreement with a supplier of Third-Party Services.
Digital Rights Management
A Product might contain or be accompanied by digital rights management technology or similar security technology designed to protect digital information against piracy and other misuse. You acknowledge that any such technology is not a defect in the Product. While accessing a Product, your internet-accessible device may be directly connected to an internet site operated by or on behalf of Matilda in order to upgrade that security technology. You hereby consent to the use and automatic upgrading of that security technology. You shall not circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the security technology contained in or accompanying any Service.
General Practices Regarding Use of Products and Storage of Your Content
Matilda may establish general practices and limits applicable to your use of the Products, including the maximum number of days that Your Content is retained in connection with the applicable Service, the maximum storage space allotted on your behalf for such Service, and the maximum number of times (and the maximum duration for which) you are allowed to access the Product in a given period of time.
Matilda may suspend or terminate user accounts for which applicable fees are unpaid, or that are inactive for an extended period of time, with or without notice. Matilda may establish and change these general practices and limits at any time, with or without notice.
You acknowledge that the Products are not designed or intended to be used as part of a disaster recovery facility or an emergency data storage facility. Although Matilda takes reasonable precautions to preserve and protect Your Content, you shall not rely on the Products as your only storage means. You should make and preserve your own backup copies of Your Content. Matilda is not liable for damage to, deletion of, or failure to store, Your Content.
Disclaimer of Warranties
The Products and Matilda Materials are provided by Matilda on an "as is" and "as available" basis. Matilda makes no representations or warranties of any kind, express or implied, as to the Products, Matilda Materials, or other information, content or materials made available through the Products, including the Matilda Modifiable Content, Shared Content, Open Content, Third-Party Services, or Collaboration Tools (collectively, the “ Products Items”). You agree that your use of the Products, Matilda Materials, and Products Items is at your sole risk. The Products, Matilda Materials and Products Items could include inaccuracies or typographical errors. Advice received via the Products, Matilda Materials, and Products Items is informational only, does not constitute medical, legal, tax, financial, or other professional advice, and should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. Matilda does not warrant or make any representations regarding the use of or the result of the use of any Products, Matilda Materials or Products Items in terms of their correctness, accuracy, reliability, or otherwise, and you (and not Matilda) assume the entire cost of all necessary servicing, repair and correction.
To the fullest extent permitted by applicable law, Matilda disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Matilda does not warrant that the Products, Matilda Materials, or Products Items will be uninterrupted or error-free, that defects will be corrected, or that the Products, Matilda Materials, or Products Items or the servers that make them available are free from defects, viruses, or other harmful components.
Limitation of Liability
Neither Matilda nor its suppliers, nor their respective directors, employees, officers, or representatives will be liable for any damages of any kind arising from the use of or inability to use the Products, Matilda Materials, or Products Items including, but not limited to, any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any lost profits, lost data, or loss of revenue. Without limiting the foregoing, Matilda’s total liability will at all times be limited to the fees you have paid to Matilda for the Products at issue during the prior three (3) months. The limitations in this paragraph shall apply to the extent permitted by applicable law.
You agree that Matilda is in no way responsible or liable for any grade or assessment you may receive through or otherwise related to any Products.
Indemnification
You agree to indemnify, defend and hold harmless Matilda, its affiliates and suppliers, and their respective directors, officers, employees and representatives, from any and all demands, claims, actions, damages, losses, liabilities, costs and expenses, including liabilities, costs and expenses, including legal fees and court costs, directly or indirectly arising out of or in connection with your access or use of the Products, Matilda Materials, or Products Item; any claims related to your content or your violation of any of these Terms. This paragraph will survive any expiration or termination of these Terms.
Collaboration Tools
The Products may include comment areas, message forums, chat areas and other collaboration tools (“Collaboration Tools”). You agree to use all Collaboration Tools in good faith and not in support of any business venture or entity. Matilda disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in any Collaboration Tools. Matilda is not responsible for any errors or omissions in Content provided through Collaboration Tools, including any hyperlinks embedded in any such Content. Under no circumstances will Matilda, or its affiliates, suppliers or agents be liable for any loss or damage caused by the Collaboration Tools, including your reliance on information obtained through the Collaboration Tools. The opinions expressed in or through any Collaboration Tools are solely the opinions of the participants, and do not reflect the opinions of Matilda.
Internet Links
Some links within the Products may lead to websites controlled by third parties. Because Matilda has no control over these websites, Matilda is not responsible for such websites’ content or accessibility via the internet and does not endorse products or information provided by such websites. Matilda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any Content, goods, or products available on or through any other website. Further, the inclusion of these links does not imply that there is any relationship between Matilda and the linked websites. Reference to other companies does not imply any partnership, joint venture, or other legal connection where Matilda would be responsible for the actions of their respective owners.
Privacy and Your Information
Matilda processes personal information as defined by the applicable law where you live in our Products for several reasons, and only when Matilda has a legal basis for doing so, such as fulfillment of a contractual obligation or with consent. Matilda may process personal information under legitimate interest as long as such legitimate interest does not outweigh or infringe on the rights and freedoms of its customers. Matilda may use profiling or analytics in the Products for use such as assessments and engagement; please note that human intervention is always possible to override any automated decision making.
Matilda may also use customer activity reports, analytics data, usage logs, and other similar information to determine how customers interact with Matilda’s Products and make improvements to the Products.
Matilda respects the rights of European Economic Area (EEA) residents to access, correct and request erasure or restriction of their personal information as required by law. If you are a resident of the EEA, you generally have a right to know whether or not Matilda maintains your personal information. If your information is incorrect or incomplete, you have the right to ask Matilda to update it. You have the right to object to Matilda’s processing of your personal information. You may also ask Matilda to delete or restrict your personal information. To exercise these rights, please contact Matilda via email at customersupport@matildaed.com.au and a member of Matilda’s Privacy Team will assist you. Please understand that Matilda may need to verify your identity before processing your request.
If you are an educator, parent, or student, Matilda is a Product provider to your School or organization; please reach out to the appropriate contact at your School or organization with questions or inquiries. This notice does not cover other organizations' websites that may be accessible via links through our Products. These websites have their own privacy policies and we encourage you to read them.
Matilda occasionally may notify users of its Products of significant announcements regarding the operation of the Products (whether or not they have opted out of receiving marketing communications from Matilda as further described in Matilda’s Privacy Notice). Some activities within the Products might request you and other users to submit information that is tabulated and stored in a database and used to produce statistics that are integral to the educational value of these activities. If the requested information is personally identifiable, your specific responses remain confidential and Matilda will not associate those responses with your name, email address, or other personally identifiable information. You hereby consent to including in (and Matilda’s disclosure of) any such statistical analysis the information that you submit while participating in any such activity.
For further information about Matilda’s privacy and data protection practices, please read Matilda’s Privacy Notice . This Privacy Notice explains how Matilda treats your personal information when you use the Products. You agree to the use of your personal data in accordance with Matilda’s Privacy Notice.
To the extent that any third-party website accessible through the Products has different privacy practices, Terms or conditions, those practices, Terms or conditions will be explained at that website and will apply to that website, in lieu of these Terms and Matilda’s Privacy Notice.
Accessibility
Matilda provides a variety of programs and Products to help make its educational materials accessible to users of all abilities. For additional information regarding Matilda’s accessibility initiatives, see https://www.Matildagroup.com/accessibility.
Termination
You agree that Matilda may terminate, suspend, or block your use of all or part of the Products, without liability or refund, if in Matilda’s sole determination you have breached these Terms. You agree that upon termination of your participation in the Products for any reason, Matilda may delete all information related to you on or within the Products and may prevent your continued access to and use of the Products.
In order to protect the integrity of the Products, Matilda reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Products.
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to Matilda relating to modifying or improving the Products (“Feedback”), whether solicited or unsolicited, are non-confidential. Matilda may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant to Matilda a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.
Changes to These Terms
Matilda may change these Terms from time to time. When these changes are made, Matilda will make a new copy of these Terms available through the Products. You understand and agree that your use of the Products after the date on which these Terms have changed constitutes acceptance of the updated Terms.
Miscellaneous
All disputes arising out of or relating to these Terms, including all intellectual property issues and your rights and obligations, shall be governed by the laws (without regard to any conflicts of laws rules) and shall be subject to exclusive jurisdiction as set forth in the following paragraphs, based on your country of residence. Each party waives any objection to the identified venue or jurisdiction:
The laws of Australia shall apply, with exclusive jurisdiction in Australia courts.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is expressly excluded.
Products and Content are not available in all languages or in all countries. Matilda makes no representation that the Products, Matilda Materials, or Products Items are appropriate or available for use in any particular location. To the extent you choose to access the Products, you do so at your own risk and are responsible for compliance with any applicable laws, including applicable local laws.
These Terms are personal to you and you may not assign them or your rights or obligations under them to anyone. If any provision of these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Matilda may assign its rights and obligations, or these Terms, in whole or in part.
The failure of Matilda to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. No waiver of any term of these Terms by Matilda shall be deemed a further or continuing waiver of such term or any other term.
You and Matilda acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and Matilda by your use of the Products, and neither you nor Matilda have the power or the authority to obligate or bind the other.
Matilda shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the Terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other disaster.
These Terms along with any applicable Order constitute the entire understanding between the parties pertaining to their subject matter, and any prior or other contemporaneous written or oral agreements between the parties are expressly superseded.
Any FAQs or similar documents included in or associated with the Products are for informational purposes only and are not deemed to be part of these Terms.
When the term “including” is used in these Terms, it shall be interpreted to mean “including, without limitation,”, so that the items after the term “including” are understood to be illustrative only and not a complete list. 