KINETIC EDUCATION

Maths Wiz & English Wiz: Terms and Conditions

1. Terms of Use

• 1.1
  The User is a registered Student with Kinetic Education and has purchased the Kinetic Education Maths Wiz and English Wiz programs from an Authorised Distributor of the Maths and English Wiz programs or has been granted rights or purchased directly from Kinetic Education.


• 1.2
  The User is given the right to access Maths Wiz and English Wiz, provided that the Student is under the age of 21, and is enrolled at a Registered School or equivalent in a School Grade matching the grades purchased from Kinetic Education or an Authorised Distributor of the Maths and English Wiz programs.


• 1.3
  Kinetic Education reserves the right to change the functionality, look and feel and provide Syllabus updates as it sees fit.


• 1.4
  Should the User or Purchaser request to change to the Dongle Version (or alternative if available) or not have or cease to have reasonable on-line access to the Software Package the Kinetic Education agrees to replace the Online Version with the Dongle version (or alternative if available). In such circumstance the Purchaser agrees to pay $150 for each Dongle (or equivalent for the alternative version). The Purchaser shall continue to be liable to procure hardware and software that is compatible with the Dongle / alternative version.


• 1.5
  MATHS WIZ Kinetic Education agrees to use all reasonable commercial efforts to support the Australian Curriculum for Mathematics or Mathematics curriculum otherwise specified on the front side of this agreement. Kinetic Education retains the right to correct any curriculum deficiencies by providing telephone tutorial support.


• 1.6
  ENGLISH WIZ. Kinetic Education agrees to use all reasonable commercial efforts to ensure the Software Programs support the literacy skills identified in the learning focus for the Australian Curriculum. Kinetic Education retains the right to correct any curriculum deficiencies by providing email tutorial support.


• 1.7
  SCIENCES The Science programs support the Yr 11 and 12 , Physics, Chemistry and Biology subjects for all States and Territories in Australia. The Company retains the right to correct any curriculum deficiencies by providing email tutorial support.


• 1.8
  Kinetic Education do not warrant that the use of the Software Package will be uninterrupted or error-free.

2. Conditions of Use

The Software Package provided to the Student is non-exclusive, non-transferable and are only for the Students listed at the time of purchasing as per the original order form. Kinetic Education may, but will not be obligated to, provide the Parent or Guardian of a Student with their own access to some or all of the Software Package from time to time at no further cost to the Purchaser. The Students right to use the Software Services is conditional upon the following. Neither the Purchaser nor a Student may:

• 2.1
  transfer to any other person any of its rights to use the Software Package;


• 2.2
  sell, rent or lease the Software Package;


• 2.3
  make the Software Package available to anyone who is not a Student as set out on the front side of this Agreement.

A breach of the Conditions of Use by a Student or Purchaser gives Kinetic Education the right to terminate access to Maths and English Wiz. All monies paid or to be paid in respect to the Maths and English Wiz programs will be absolutely forfeited to the Authorised Distributor of the Maths and English Wiz programs.

3. Purchaser Data

(any electronic information stored in the Software Package database).

• 3.1
  Purchaser is solely responsible for the content and accuracy of the Purchaser Data.


• 3.2
  The Company and Kinetic Education must take commercially reasonable technical and organizational measures to keep personal data secure and to protect it against accidental loss or unlawful destruction, alteration, disclosure or access; and, must deal with the information only in accordance with Purchaser’s instructions, provided they are reasonable and lawful.


• 3.3
  The Purchaser acknowledges and agrees that if the Purchaser or the Student wishes to retain any of the data, including any reports produced by the Software Package, it is their sole responsibility to do so and they may do so by printing that data, report or lesson plan.