TERMS & CONDITIONS
(Relating to the use of the www.mathima.net Website)
1. You must take the time to read and understand it before registering for the www.mathima.net service. By registering, you accept that you are entering into a contract with us based on these Terms and Conditions. Visitors to the www.mathima.net service who do not register to become a Member similarly affirm that they are bound by these Terms and Conditions each time they access the www.mathima.net service. You should be aware that these Terms and Conditions may change from time to time in accordance with Clause 9.13 below.
2. You must ensure that the e-mail address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change e-mail address, then you must inform us of the new address.
3. Note that we are not an internet service provider. In order to avail of the www.mathima.net service, you must have internet access and all the software (and skills) required for e-mail and web usage.
4. Note www.mathima.net is currently owned by PIXELOOP MEDIA P.R.LTD. Where the website bares no responsibility, is indemnified from any act mentioned in these terms and conditions, etc. so is PIXELOOP MEDIA P.R.LTD and visa versa.
5.1 “Website” means the website operated by www.mathima.net and currently owned and run by PIXELOOP MEDIA P.R.LTD.
5.2 “Members” means Schools and/or Teachers and/or Students.
5.3 “Contract” means the period during which www.mathima.net provides services for the Schools and/or Teacher as per their agreement.
5.4 “Schools” means an institution suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the School on the Website with a view to entering into contracts for the provision of tuition to the Student.
5.5 “Teachers” mean a person suitably qualified and experienced to provide tuition services in the areas of expertise advertised by the Teacher on the Website with a view to entering into contracts for the provision of tuition to the Student.
5.6 “Students” mean persons utilizing the Website with a view to entering into a formal contractual relationship with a Teacher and/or School for the provision of tuition services by the Teacher and/or School to the Student.
5.7 In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
5.8 The use of the Website by a School and/or Teacher or a Student shall be deemed acceptance of and agreement to these Terms.
5.9 These Terms supersede all previous terms of business.
6. Obligations of www.mathima.net
6.1 The Website has been established by PIXELOOP MEDIA P.R.LTD to allow Students to contact Schools and/or Teachers and to view their profiles and adverts detailing a Schools and/or Teachers experience.
6.2 PIXELOOP MEDIA P.R.LTD through www.mathima.net will take all reasonable precautions to keep the details of a Schools and/or Teachers and Students secure but will not be liable for unauthorised access to the information provided by Schools and/or Teachers and Students.
7. Obligations of Schools and/or Teachers
7.1 A School and/or Teacher warrant that they have the necessary qualifications and/or experience to provide tuition in the subjects specified on the Website.
7.2 A School and/or Teacher shall indemnify www.mathima.net from all claim liabilities costs and expenses (actual or consequential) of every kind and nature known and unknown, suspected and unsuspected disclosed and undisclosed arising out of any use by the School and/or Teacher of the Website.
7.3 A School and/or Teacher shall accept full responsibility for the prices quoted for their services on the Website and for collection of all fees due to the School and/or Teacher from any Student.
7.4 A School and/or Teacher accepts full responsibility for all information published by them on the Website and shall indemnify www.mathima.net in relation to any liability incurred by them as a result of such information.
7.5 A School and/or Teacher hereby acknowledges that www.mathima.net are not liable to the School and/or Teacher for reimbursement of any fees paid pursuant to these Terms in the events of any cancellation of any Contract for any reason.
8. Obligations of Students
8.1 A Student acknowledges that it is his responsibility to verify the credentials, expertise, references, checks and qualifications of any School and/or Teacher with whom he/she enters into or proposes to enter into a Contract.
8.2 A Student shall indemnify www.mathima.net in relation to any liability arising from a Students use of the Website and all matters arising from such use.
8.3 A Student must not publish any defamatory or derogatory comments concerning a School and/or Teacher on the Website or in any communications with other Members whether on the Website or through any other medium.
8.4 A Student acknowledges that a Contract is between a School and/or Teacher and a Student and www.mathima.net are not a party to such Contract and are not responsible for the performance of the School and/or Teacher obligations nor for collecting and distributing payments from a Student to a School and/or Teacher.
9.1 The Members acknowledge that www.mathima.net may use data for statistical analysis and may provide this to interested third parties.
9.2 Members acknowledge the right of www.mathima.net to restrict their access to the website for any period and if necessary permanently at the sole discretion of www.mathima.net and acknowledge that they shall not be entitled to any reimbursement of any fees or expenses incurred as a result of such restriction.
9.3 The Members acknowledge that www.mathima.net may monitor postings to the Website and communications through the Website and have the right to delete and/or block such postings or communications.
9.4 No Member may use the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material.
9.5 www.mathima.net is not responsible for any use of the Website for illegal unlawful or prohibited purposes including the sending or posting of junk e-mail or spam, misleading or defamatory or indecent or obscene material viruses and worms or advertising material by members.
9.6 The Members warrant that their e-mail and other contact addresses are valid and will be and up to date when using the Website.
9.7 Members agree not to impersonate any other person or entity or to use a false name or a name that they have no authority to use.
9.8 A Member acknowledges that they must not post material to the Website in which the copyright or intellectual property is or may be the property of another person or body.
9.9 Members acknowledge that www.mathima.net are not liable for direct indirect consequential or any other form of loss or damage that may be suffered by a Member through the use of the Website including loss of data or information or any kind of financial or physical loss or damage.
9.10 Members acknowledge that www.mathima.net give no guarantee that the Website is free of viruses worms or any other form of harmful components.
9.11 www.mathima.net does not guarantee to secure a School and/or Teacher for a Student.
9.12 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you or through a machine on which you access the www.mathima.net service.
9.15 www.mathima.net Role. You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the www.mathima.net service or outside of it. We only provide a venue where the www.mathima.net Service may be accessed. In particular, you should be aware that www.mathima.net does not generally pre-screen or monitor the material contributed by Members.
9.16 Operation of www.mathima.net services. www.mathima.net reserves the right to withdraw or modify aspects of the www.mathima.net service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the www.mathima.net service becomes inaccessible as a result of technical difficulties experienced by www.mathima.net or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control.
9.17 Misuse of www.mathima.net service. We reserve the right (a) to suspend or terminate any Member’s access to the www.mathima.net service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the www.mathima.net service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of these Terms and Conditions. Any person whose access has been suspended or terminated must not re-register for, or re-access, the www.mathima.net service without our prior consent. You are responsible for everything which is done on or through the www.mathima.net service while your Membership account is logged on to the www.mathima.net service, or through your e-mail address(es). In addition, we reserve the right to suspend or terminate any Member’s access to the www.mathima.net service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member or our staff and directors, whether or not through the www.mathima.net service. For completeness, where we reserve a right in these Terms and Conditions, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the www.mathima.net service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under these Terms.
9.18 Alerting www.mathima.net. If you see anything on the www.mathima.net which appears to infringe these Terms and Conditions, then please contact us to inform us of it. We do not generally monitor material contributed by Members before it is placed on the www.mathima.net service and so we are reliant upon users to point out any which infringes these Terms and Conditions.
9.19 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the www.mathima.net service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of these Terms and Conditions, or to bring the www.mathima.net service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the www.mathima.net service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach these Terms and Conditions, using the notification techniques which are made available on the www.mathima.net service.
9.20 Disclaimer and Release. www.mathima.net has no control over or responsibility for the truth or accuracy of any material available on the www.mathima.net service, whether provided by Members or others.
9.21 If any third party sites are linked to from the www.mathima.net service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
9.22 You should exercise no lesser degree of caution in appraising what you see on the www.mathima.net service than you do offline.
9.23 Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
9.24 Your use of the www.mathima.net service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release www.mathima.net its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the www.mathima.net service and the material included here by Members and other third parties.
9.25 Severability. In the event that any term of these Terms and Conditions is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms and Conditions shall remain valid and enforceable.
9.26 PIXELOOP MEDIA P.R.LTD through www.mathima.net recommends the use of the browser [Firefox 3.0 and Internet Explorer 8.0] and not its earlier versions and it can therefore bare no responsibility for poor viewing or any damage resulting from the use of the earlier version.
9.27 If PIXELOOP MEDIA P.R.LTD wishes to sell www.mathima.net, PIXELOOP MEDIA P.R.LTD will bare no further responsibility for the website.
9.28 The images sent to www.mathima.net are the responsibility of the sender/uploadee. PIXELOOP MEDIA P.R.LTD/www.mathima.net bares no responsibility for any images uploaded whether they contain a minor or not. In the event that a minor is pictured in any image it is the sender’s/uploadee’s responsibility to obtain written permission of the parents and or guardian’s of the minor.
(Relating to the use of the www.mathima.net Website)
1. www.mathima.net accepts no responsibility for the actions of the schools, students and/or the teachers you meet through this website, or the consequences of any subsequent relationships with them.
2. www.mathima.net takes no responsibility for what happens between the school, teacher and/or the student and the service www.mathima.net acts only as an informative site which allows people to advertise their skills as a school and/or teacher.
3. www.mathima.net does not confirm the information that schools and/or teachers provide on this site. The information which appears in the school and/or teacher profiles has been put up directly by the schools and/or teachers themselves and their qualifications and the information given has not been verified by www.mathima.net
4. The information contained in this website is for general information purposes only. The information is provided by www.mathima.net and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
5. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.
6. Through this website you are able to link to other websites which are not under the control of www.mathima.net. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
7. Every effort is made to keep the website up and running smoothly. However, www.mathima.net takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.
8. PIXELOOP MEDIA P.R.LTD bares no responsibility and accepts no liability for damage caused or claims brought by the persons appearing in the images on www.mathima.net whether these persons be minor or not.
(Relating to the use of the www.mathima.net Website)
1. This website and its content are copyright of www.mathima.net - © www.mathima.net 2009 All rights reserved.
2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
(i) You may print or download to a local hard disk extracts for your personal and non- commercial use only
(ii) You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
3. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.