TERMS OF USE

Terms and conditions applying to the use of the Cambridge HOTmaths CAPS Edition website

There are three categories of Subscriber: students, teachers and schools on behalf of one or more students and/or teachers. In the case of a student who is not at the time 18 years of age, the Application must be made by that student's school or by a parent, tutor, teacher, guardian or carer of that student.

The Subscriber agrees with HOTmaths Pty. Limited ACN 094237233 trading as Cambridge HOTmaths CAPS Edition ("HOTmaths") that the following terms and conditions will apply to the use of the Site by the User.

1. In these Terms of Use:
   • "Application" means an indication of intention to use the Site including the completion of an application form, the provision by a School to HOTmaths of Student/Teacher details or any other action which confirms such an intention.
   • "School" means a school which lodges an application for any of its students or teachers to use the site.
   • "Site" means the HOTmaths website.
   • "Site Material" means all programs, graphics and information of whatever nature located on the Site.
   • "Student" means any student who is a Subscriber.
   • "Subscriber" means the School or person who makes the Application.
   • "Teacher" means any teacher who is a Subscriber.
   • "User" means any student or teacher in respect of whom a school or other person makes an Application, and when used in conjunction with the word "Subscriber" means the User or Users to whom that Subscriber's Application relates.
2. The Subscriber warrants that all information contained in the Application is true and acknowledges that it is their responsibility to advise HOTmaths within seven (7) days of that information changing in any way including, but not limited to, updating email addresses by means of the relevant link.
3. The Subscriber will take, and where applicable will ensure that the user takes, all reasonable steps to prevent the Subscriber/User's password becoming known to any other person. The Subscriber will advise HOTmaths immediately if the Subscriber or the User becomes aware of any unauthorised use of the password.
4. Subject to clause 5, the Subscriber acknowledges that the Site Material is the property of HOTmaths and is copyright - 2006 HOTmaths. Except as permitted by law or these Terms of Use, the Subscriber will not, and where applicable the Subscriber will procure that the User will not, allow any other person to use the Site or reproduce or otherwise transmit any of the Site Material in any way whatsoever without first obtaining the written permission of HOTmaths. HOTmaths reserves its entitlements under Part VB and Section 183 of the Copyright Act.
5. A Teacher, or a User who is a teacher, may use Site Material for classroom instructional purposes such as projecting it onto a whiteboard, displaying it by means of other electronic media or printing it and distributing it to their students. Site Material also may be downloaded to digital media for use within a school by Subscribers but must be immediately removed upon expiry of the subscription unless renewal is pending. The use of the Site Materials by a Teacher, or by a User who is a teacher, for any purpose other than the instruction of the students in their class at a time when their right to use the Site Materials is current or in the process of renewal, will constitute a breach of these Terms of Use.
6. The Subscriber will indemnify HOTmaths for any loss or damage sustained by it as a result of any breach of these Terms of Use by the Subscriber, including the Subscriber's obligations in respect of the activities of the User. The Subscriber acknowledges that circumstances may exist where damages are not an appropriate remedy and HOTmaths is entitled to obtain injunctive relief.
7. If at any time a Subscriber or User is referred through the Site to any other publication or information source, that referral will be made by HOTmaths in good faith. However, HOTmaths accepts no responsibility for any error in the information supplied by such other publication or source.
8. Where applicable, HOTmaths will debit the credit card, particulars of which are given in the Application, with a subscription fee as identified in the Application. HOTmaths will take all care to ensure that the credit card details are not made available to any unauthorised person or entity, but takes no responsibility for any unauthorised use of those details.
9. The Subscriber (on their own behalf and on behalf of the User) acknowledges that HOTmaths will collect personal information about Subscribers and Users which is disclosed in the Application for the purposes of the operation of the Site, and authorises HOTmaths to do so.
10. HOTmaths may terminate this agreement immediately if at any time the Subscriber is in breach of the Subscriber's obligations (including as a result of some act or omission by the User). The Subscriber acknowledges that termination for any reason will not entitle the Subscriber to a refund of any payments made to HOTmaths prior to the date of such termination.
11. Any notice given under this agreement must be in writing. Notices given to HOTmaths should be forwarded to cambridge@cup.co.za and Notices to be given to the Subscriber should be forwarded to the email address specified in the Application.
12. HOTmaths will refund Subscriber payments upon receipt of a written submission from the Subscriber that the site does not deliver that which it claims to provide. Refunds will not be given where the Subscriber is using systems other than those identified in the 'System requirements' or where the Subscriber is misusing the system.
13. HOTmaths reserves the right to alter its product and pricing systems at any time.

All enquiries and comments regarding the Terms of Use should be made to cambridge@cup.co.za.