Terms and Conditions

By using this Website and the materials within, you agree to be bound by the terms and conditions set out in this document. If you do not accept these terms and conditions, you must refrain from using this Website and all related materials.

This Website is owned and operated by Scarecrow and Woodman Pty Ltd operating under the business name Shaping Minds Australia ABN 20 649 630 866 (referred to in these terms and conditions as ‘we’, ‘us’, or ‘our’).

“The website/ This website” refers to mathshero.com.au and any subdomains such as app.mathshero.com.au.

1. Your Obligations

You must not:

  • (a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
  • (b) use, or attempt to use, the Website for any commercial gain;
  • (c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • (d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  • (e) use the Website with the assistance of any automated scripting tool or software;
  • (f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
  • (g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    • (i) gaining unauthorised access to Website accounts or data;
    • (ii) scanning, probing or testing the Website for security vulnerabilities;
    • (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
    • (iv) instigate or participate in a denial-of-service attack against the Website.

2. Information on the Website

While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

  • (a) the Website may have errors or defects;
  • (b) the Website may not be accessible at times;
  • (c) messages sent through the Website may not be delivered promptly, or delivered at all;
  • (d) information you receive or supply through the Website may not be secure or confidential; or
  • (e) any information provided through the Website may not be accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

3. Disclaimer

3.1 General Information

All information provided on the Website is general information, including information that is provided by us:

  • (a) on the Website; or
  • (b) provided by our personnel via any other website, via email or over the phone.

We do not guarantee that any information provided via the Website will be suitable to you.

3.2 Professional Advice

(a) Nothing on the Website, or provided by our personnel, is intended to be professional advice of any kind and it should not be relied on as such.

(b) Nothing on the Website guarantees any particular outcome for you, and you rely on any information on the Website at your own risk.

4. Intellectual Property

  • (a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  • (b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

4.1 User Content License and Rights

4.1.1 Definitions

  • (a) “User Content” means any content, including but not limited to lessons, pathways, modifications, adaptations, or derivatives that you create, upload, or modify using the Platform.
  • (b) “Platform” refers to Maths Hero and related services provided by Shaping Minds.

4.1.2 User Rights

By using the Platform, you retain ownership of any User Content you create. You maintain the right to:

  • (a) Use your User Content for educational purposes
  • (b) Share your User Content within your school through the Platform
  • (c) Remove your User Content from the Platform at any time

4.1.3 License Grant to Shaping Minds

By creating, uploading, or modifying content on the Platform, you grant Shaping Minds a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and Shaping Minds’ business operations, including without limitation for promoting and redistributing part or all of the Platform in any media formats and through any media channels.

4.1.4 Representations and Warranties

You represent and warrant that:

  • (a) You own or have obtained all necessary rights and permissions to submit the User Content
  • (b) Your User Content does not infringe upon any third party’s intellectual property rights
  • (c) You have the authority to grant the licenses described herein

4.1.5 Survival

The licenses granted herein shall survive any termination of your use of the Platform.

5. Liability

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.

6. External Links

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. Updates

We may change these terms and conditions at any time by updating this webpage and your continued use of the Website following such update will represent an agreement by you to be bound by the terms and conditions as amended.

8. Privacy

These terms and conditions also include our Privacy Policy that can be accessed by clicking the link on this page.

9. Third-Party Services

Our Website may use Microsoft 365 for the web, which is a Microsoft service and is subject to Microsoft’s terms of use and privacy policy . By using our Website, you acknowledge that any information processed through Microsoft 365 for the web is also subject to Microsoft’s terms and conditions and privacy practices.

10. Jurisdiction

Your use of the website and these terms and conditions are governed by the laws of Western Australia, Australia.