Terms and Conditions
Access to Inspark.education (“Website”) and any courseware offered via the Website are subject to these terms and conditions (“Terms”).
Background & Introduction
The Inspark Science Network (“Inspark”) is a digitally-powered community of educators, creating and sharing next-generation courseware and technology, dedicated to postsecondary success of disadvantaged students in entry-level science. This Website and any courseware offered via this Website including various related products and services, collectively form the “Service”.
These Terms cover your use of the Services. Smart Sparrow Pty Ltd (“Smart Sparrow”) is the provider of the Services and referred to herein as “us”, “we” or “our”.
It is important you read these Terms carefully. By accessing or using the Services, clicking the “I Accept” button (or logical equivalent) contained in an online order or registration form or otherwise displayed as part of the ordering or registration process, you acknowledge that you understand these Terms and agree to be bound by them, including all policies and guidelines incorporated by reference.
Description of Service
We make various products and services available through the Service, including courseware which may change from time to time. We reserve the sole right to either modify or discontinue the Service, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure or the addition of new Service offerings. Any new features that augment or enhance the then-current version of the Service shall also be subject to these Terms.
We reserve the right to change these Terms from time to time. You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You acknowledge and agree that it is your responsibility to review the Website and these Terms periodically and to be aware of any such changes. Your continued use of the Service after such changes will constitute your acknowledgment and agreement to abide by the modified Terms.
Your Use of the Services
By accessing the services you agree:
- to use the Services in a fair and reasonable manner, which includes not using the Services for any unlawful or fraudulent purpose or in a way that adversely affects the Services (or the servers and networks which are connected to the Services) or the use of or access to the Services by other registered users; *not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers);
- not upload any copyrighted materials not owned by you, unless you have permission of the owner of the copyrighted materials to do so; and
- to contribute comments or participate in discussion within the Services in a manner that is respectful to others and productively contributes to academic debate and does not bully, harass or defame any other person.
Without limitation, you acknowledge that you have seen a demonstration of and/ or are aware of the general form, content, accessibility and functionality of the Services and have satisfied yourself that they are suitable for your purposes.
You must pay any applicable charges (if any) and abide by any additional terms and conditions (such as length of subscription term and/or limits on your right to access certain features, functionalities, or capabilities) as set out in the offline or online order form for your purchase (each an “Order”) and/or the relevant area of the Service. You are solely responsible for providing, at your own expense, all equipment necessary to use the Service, including, without limitation, a computer, modem and your own internet access (including payment of Internet Service Provider fees associated with such access).
All rights not expressly granted herein are reserved. Any unauthorised use of the Service may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Payments & Refunds
You must pay the applicable charges (including any applicable taxes) for access to the Services via one of our approved payment method including (i) access cards available from campus bookstores, and (ii) credit card payment via the Website. You agree to provide us with accurate and complete billing information as required, and to provide us with any changes in such information promptly after the change.
If you believe that a billing discrepancy has occurred, you must notify us within 30 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.
Following acceptance of these Terms or access to the Services, there will be no refunds or credits for partial access or use of the Services. In order to treat everyone equally, no exceptions will be made to this refund policy.
Technology Platform & Related Services
The Services may take you to, or incorporate, other services, software, products and web sites provided by Smart Sparrow (“SPR Services”). The use of SPR Services is subject to separate terms and conditions which can be found at smartsparrow.com/terms-conditions.
The Services may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources which are provided by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that we are not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Limitation of Liability
We warrant that we will provide the Service with reasonable care and skill. You expressly understand and agree that your use of the Services is at your sole risk and that the services are provided on an “as is” and “as available” basis.
Smart Sparrow, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you arising from errors, delays, non-delivery or interruptions in the Services, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
The aggregate liability of Smart Sparrow or associated entities to you or any third party for loss, damage or costs under these Terms for each calendar year will not exceed the amount you have paid for the Services. Under no circumstances will either of us be liable to the other for any indirect, punitive, incidental, special or consequential damages arising from the Terms, including, but not limited to, loss of profit, goodwill, business opportunity or anticipated saving.
General Legal Terms
These Terms constitute the whole legal agreement between you and us and govern your use of the Services (excluding any services that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which we are the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms, and your relationship with Smart Sparrow under the Terms, shall be governed by the laws of New South Wales, Australia, without regard to its conflict of laws provisions. You and Smart Sparrow agree to submit to the exclusive jurisdiction of the courts located within New South Wales, Australia, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Smart Sparrow shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.