Terms & Conditions

Welcome to MarsLadder!

These terms and conditions outline the rules and regulations for the use of First Education & Technology Group Pty. Ltd.'s Website, located at www.marsladder.com.au.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use MarsLadder if you do not agree to take all of the terms and conditions stated on this page.
These conditions apply to all users, regardless of whether a license to access the site has been purchased by a school/educational institution on behalf of students and teachers, or directly by a student or parent. In the case of students who are minors, permission must be sought by that student's school or parent/guardian (as applicable) before that student is provided with access to the site.
The following terminologies apply to Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and “Your" refers to you, the person visiting this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect to provisions of the Company's stated services, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing MarsLadder, you agreed to use cookies in agreement with the First Education & Technology Group Pty. Ltd.'s Privacy Policy.
Most interactive websites use cookies to let them retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people to visit our website. Some of our affiliate/advertising partners may also use cookies. More information can be found in our privacy policy.

License

Unless otherwise stated, First Education & Technology Group Pty. Ltd. and/or its licensors own the intellectual property rights for all material on MarsLadder. All intellectual property rights are reserved. You may access this from MarsLadder for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
· Republish materials from MarsLadder
· Sell, rent or sub-license materials from MarsLadder
· Reproduce, duplicate or copy materials from MarsLadder
· Redistribute content from MarsLadder

Parts of this website offer opportunities for users to post and exchange opinions and information in certain areas of the website. First Education & Technology Group Pty. Ltd. does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of First Education & Technology Group Pty. Ltd., its agents and/or affiliates. Comments reflect the views and opinions of the person who posts the comment. To the extent permitted by applicable laws, First Education & Technology Group Pty. Ltd. shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered because of any use of and/or posting of and/or appearance of the Comments on this website.
First Education & Technology Group Pty. Ltd. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causing breach of Terms and Conditions.
You warrant and represent that:
· You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
· The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
· The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
· The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant First Education & Technology Group Pty. Ltd. a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
· Term of Subscription and Renewal: Subscriptions are provided on an auto-renewing basis to ensure continued access to and use of the relevant resources. Subscriptions have a one (1), six (6) or twelve (12) month minimum initial term that automatically renews for consecutive periods of the same length (each a renewal term) unless notice of cancellation is provided prior to the expiry of the initial term or any renewal term. We will automatically charge your nominated account using the payment method on file for each renewal term. We do not provide refunds to users who cancel part way through the initial term or any renewal term of a subscription. You can manage and make changes to your subscription by logging into your account.
· Pricing: Fees and charges for your subscriptions are detailed at the point of purchase. For each renewal term your payment details will be automatically charged the current fees for the courses you have selected, continuing on a recurring basis until you cancel your subscription. Promotional pricing, discounts and free trials only apply for the period specified and will commence on the purchase date unless otherwise agreed. At the end of the promotional period, your fees will revert to the then-current fees for the subjects you have selected. All taxes are detailed in the tax invoice provided to the customer.
· Delivery of Products and Services: Access to web-delivered services is provided immediately upon processing of payment.
· Product Access and Use: Users are responsible for their own costs associated with accessing the product, e.g. internet usage charges, data costs and computer/smartphone equipment costs. It is the responsibility of the user to ensure their device and internet access is sufficient to access the relevant product. Users are able to change the year level/grade level of their account free of charge up to once a month.
· Customer Service/Refunds Policy: All goods/services supplied will be in good working order. All faulty goods will be exchanged for a working version at no additional cost to the client. No refunds will be offered after this time except in the event the goods/services are faulty and cannot be repaired or replaced, or otherwise in accordance with applicable statutory consumer protection laws.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:
· Government agencies;
· Search engines;
· News organizations;
· Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
· System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
· commonly-known consumer and/or business information sources;
· dot.com community sites;
· associations or other groups representing charities;
· online directory distributors;
· internet portals;
· accounting, law and consulting firms; and
· educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of First Education & Technology Group Pty. Ltd.; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to First Education & Technology Group Pty. Ltd.. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
· By use of our corporate name; or
· By use of the uniform resource locator being linked to; or
· By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of First Education & Technology Group Pty. Ltd.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

IFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Copyright

· Copyright in this Site (including without limitation all contents, texts, graphics, logos, icons, sound recordings, videos, software and downloadable/printable files, worksheets, workbooks and resources) is owned or licensed by us.

· Other than for the purposes of, and subject to the conditions prescribed under copyright law applicable to you (for example the Australian Copyright Act 1968 (Cth) or similar legislation which applies in your location), or except as expressly authorised by these General Conditions, you may not in any form or by any means:
   · Adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or
   · Commercialize any information, products or services obtained from any part of this Site.

· Reproducing resources in hard copy: Where copyright legislation in a location includes a remunerated scheme to permit educational institutions to photocopy or print any part of the Site, we (or the owner of the copyright material) will claim remuneration under that scheme where such resources (for example, but without limitation, our worksheets, workbooks or other resources that can be used in hardcopy format) are printed or photocopied by, or on behalf of, educational institutions (e.g. by teachers for use in the classroom or by students or where teachers direct students to print or photocopy worksheets for use by students at school). This may lead to an increase in the fees for educational institutions to participate in the relevant scheme.

Content Liability

· We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

· Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation.

· We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site except where such liability is made non-excludable by applicable legislation. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided "as is" without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness except where warranties are made non-excludable by applicable legislation.

· Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by applicable legislation.

Your Privacy

Please read the Privacy Policy

Reservation of Rights

We reserve the right to request you to remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

User Code of Conduct and Access Rights

· Any user, including students or teachers, found to be in breach of these General Conditions, acting in a manner that we deem to be inappropriate or inconsistent with the spirit of these General Conditions (e.g. submitting fraudulent results), or that is unlawful or prohibited by any laws applicable to the Site, may have their Access to the Site revoked.

· You must not access or use the Site or the Content in any manner or for any purpose which is illegal or prohibited by any laws that apply to you, violates our rights in any way, or is prohibited by the General Conditions. Users of the Site must protect their usernames and passwords from unauthorized use. If you suspect any unauthorized use of your account, please notify us immediately.

· You must not use the Content for commercial purposes without first obtaining our express written authority.

· You must take your own precautions to ensure that the process, which you employ for accessing the Site, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data, which arises in connection with your Access.

· The Site and our Content is continuously evolving. We reserve the right to delete, modify, change, evolve and improve existing Content, including curriculum, product features and tools, at any time without notice or consent.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
· Limit or exclude our or your liability for death or personal injury;
· Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
· Limit any of our or your liabilities in any way that is not permitted under applicable law; or
· Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Termination

We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.

Each subscriber and/or user acknowledges that MarsLadder is entitled to terminate its arrangement with them for cause if there has been a breach of these Terms, the Privacy Policy or otherwise there is a risk of possible legal exposure for us.

Each subscriber and/or user acknowledges that termination for any reason will not entitle the subscriber to a refund of any payments made to MarsLadder prior to the date of such termination.

Indemnity

You agree to indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of the General Conditions, or reliance by you on any information obtained through the Site or your Access to the Site.

Trade Marks

Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trademark in which we claim proprietary rights. We also assert all our trademark rights under the common law or otherwise. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
· In or as the whole or part of your own trade marks;
· In connection with activities, products or services which are not ours;
· In a manner which may be confusing, misleading or deceptive;
· In a manner that disparages us or our information, products or services (including this Site).

Governing Law

The laws in force in Victoria, Australia, govern these General Conditions. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these General Conditions is taking place or originating.