Terms & Conditons

Effective date: July 23, 2023

Thank you for your interest in using the online services operated by Neoteric Academy Pty Ltd under the business name ‘Neoteric Academy’ (hereafter referred to as ‘NeoTeriC Academy’, ‘Neoteric Academy’ or in short ‘NA’. These Terms & Conditions (can be referred to as ‘T & Cs’) govern your use of online and/or mobile services, websites, and software provided on or in connection with www.neotericacademy.com.au (collectively, the “Service”), which are offered through (i) www.neotericacademy.com.au, (ii) mobile applications associated with www.neotericacademy.com.au, and (iii) any other www.neotericacademy.com.au website, app or online service which links to these Terms of Service.

By accessing or using the Service, or by marking or checking a box marked “I Agree” (where provided), you signify that you have read, understood and agree to be bound by these Terms of Service (the “Agreement”), and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. If you do not accept these Terms & Conditions, please do not register for an account with NeoTeriC Academy and you may contact us should you like to discuss before registering. NeoTeriC Academy reserves the right to modify this Agreement so long as it provides notice of these changes to you as described below. This Agreement applies to all visitors, users, and others who access or otherwise use the Service (“you” or “Users”). If you open a NeoTeriC Academy account on behalf of a School, company, organization, or other entity, then “you” includes you and that entity.

A note about Student Data: This Service may be purchased by providers of educational services, such as schools or teachers (collectively referred to as “Schools”) that use our services for educational purposes only. When NeoTeriC Academy contracts with a School to provide the Service, we may collect or have access to Student Data (defined below), which may be provided by the School or by the student. We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our Services to the School or on the school’s behalf.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. THE SERVICE

The Service is intended to help its users to learn and practice various subjects including but not limited to Mathematics, English, Science, General ability, Thinking skills, language and social studies. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided “as-is” and that NeoTeriC Academy assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.

NeoTeriC Academy grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software/Website. You agree not to modify the Software/Website in any manner or form, or to use modified versions of the Software/Website, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by NeoTeriC Academy for use in accessing the Service.

To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

2. ELIGIBILITY AND AUTHORITY

NeoTeriC Academy does not sell the Service to children, but only to adults who can purchase the Service with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian, or at the direction of your School. Your School may impose additional policies regarding the use of the Service, with which you must comply.

If you open a NeoTeriC Academy account to provide the Service to students in a School, you represent and warrant that you are an authorized representative of the School with the authority to bind the School to this Agreement and that you agree to this Agreement on the School’s behalf. If you contact NeoTeriC Academy to take any action with respect to an account, you represent and warrant that you have all necessary authority to request such action(s) from or on behalf of the account-holder (e.g., a School or Parent).

We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as NeoTeriC Academy and that they provide a copy of our Privacy Policy.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NeoTeriC Academy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NeoTeriC Academy has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).

4. GENERAL ACCOUNT INFORMATION

NeoTeriC Academy sells access to the Service to a subscriber in the form of one or more courses or a package of multiple courses through an admin account (called a parent or school account). The admin account is attached with students account. The subscribed course/s is/are made available into the admin account for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the “Account Terms”). The admin account holder then create students account with or without the help of NeoTeriC Academy as required. The Account Terms for a parent account are the default terms and conditions specified in the NeoTeriC Academy website.

The Account Terms for a school account is identified (in order of precedence) in the then-current quote or sales contract for the account the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the NeoTeriC Academy website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of NeoTeriC Academy.

NeoTeriC Academy provides a variety of “account types” which may apply depending on the subscriber and the way a NeoTeriC Academy account is created by the user or on request by NeoTeriC Academy on behalf of the user on the NeoTeriC Academy web system. Each account type has a default set of Account Terms which apply unless superseded as set forth above. NeoTeriC Academy reserves the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of its account type.

Account Types:

• Parent Account — A parent account is purchased by and for a Parent. Parent accounts are generally only available for purchase through the NeoTeriC Academy website or a third-party app store using a credit card. A parent account typically includes child profiles that can be used by a Parent’s child at the Parent’s direction. Parent account subscriptions are generally for a term of a specified period, depending on the subscriptions. The extent of a term starts at the time of purchasing the course and ends at the date or period specified on course information on the NA website unless noted otherwise at at the time of purchase. If multiple terms are available, the term can be selected at the time of purchase or later changed bycontacting admin@neotericacademy.com.au. Student’s and Parent’s access into the course shall be ceased without any prior notification at the end of the subscription period.
• School Account — A school account is purchased by a teacher and/or an admin on behalf of a school or an educational organisation. School accounts can be purchased and set up by contacting NeoTeriC Academy officials. The authorized teacher and/or school admin of a school can buy the school account on behalf of the school. The admin and/or the authorized teacher creates other teachers’ account and student’s account. The extent of school account terms shall be governed by the signed agreement with the school at the time of purchase otherwise keep continuing a yearly subscription at the price agreed as set forth in the signed agreement. However, NeoTeriC Academy has the full right to propose for new pricing once the period of the agreement expires.
• Student Account — A student account is created when a Parent account is purchased by the Parent or by an authorised teacher and/or admin at a school purchased on behalf of the school, A Student account typically includes a single user. A student account is valid typically for a term that is approved and/or assigned by the admin account that may be extended until the end of course for the admin account. The term is disclosed at the time of purchase. Action must be taken by the school or its authorized representative (e.g., teacher or admin/parent) to renew and continue using a student account past the end of the term.

Quotes and Proposals: Any quotes or proposals provided by NeoTeriC Academy are valid only for the period  specified in the quote and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by NeoTeriC Academy at any time in its sole discretion. Quotes and proposals may include information that is proprietary and confidential to NeoTeriC Academy and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from NeoTeriC Academy you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from NeoTeriC Academy. To the extent that public records laws may apply to a quote or proposal provided by NeoTeriC Academy, you agree to immediately notify NeoTeriC Academy of any public records request that may result in disclosure of a NeoTeriC Academy quote or proposal and provide NeoTeriC Academy all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with NeoTeriC Academy.

Payments: Parent accounts have the option to make payment by credit card, debit card, third-party buy now pay later or other methods at NeoTeriC Academy’s discretion (you may contact NA for details). Payment must be received by NeoTeriC Academy no later than 5 working days after NeoTeriC Academy issues an invoice. If NeoTeriC Academy does not receive payment within 5 days, the invoice is past due and NeoTeriC Academy reserves the right to suspend access to the account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account.  NA will resume the service to the suspended account after receiving the amount. If account is not suspended and the amount is not paid, the account-holder will be liable to pay an additional 20% on top of the subscription price within 15 working days of the first notice and the account will keep suspended. If the subscription fee with the additional fee is not paid within the given time, the account shall be suspended permanently and the user may be rejected to register a new account in future with NA. School accounts shall pay to NeoTeriC Academy as set forth in the agreement on an advanced monthly, quarterly or yearly payment through direct debit, credit card, cheque and/or cash.

NeoTeriC Academy facilitates a ‘Buy now pay later’ through third-party payment systems. Parents and schools may pay the NeoTeriC Academy subscription fee using those third parties. However, NeoTeriC Academy is neither liable for any failure of payment through any third party nor responsible for any failed repayment to third parties by the borrower that relates to payment to NeoTeriC Academy.

Cancellation: No refund will make unless noted otherwise on the NA website and/or signed agreement during purchase for early cancellation of any NeoTeriC Academy service. Except as set forth below or otherwise agreed by NeoTeriC Academy in signed writing, accounts may not be cancelled until the end of the current term of the account.

NeoTeriC Academy permits early cancellations only in the following circumstances:

• In the event that the Service is permanently discontinued only by NeoTeriC Academy No refund shall be made if the user needs to cancel a subscription early due to any reason on his/her side that includes but not limited to unavailability of the internet, financial hardship, leaving country and change of mind unless noted otherwise.
• NeoTeriC Academy otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account holder is responsible for a payment calculated on a pro-rata basis with an admin fee of 15% and payable before the date of early cancellation.

End of Subscription: When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been cancelled), the account no longer permits access to the Service. However, NeoTeriC Academy may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. If an account-holder or any of its users wishes to save or retain any data related to account service and payment, it is the account-holder and its user’s sole obligation to download such data before the conclusion of the term. No content from any course must not be downloaded and/or captured in the form of full and/or part screenshot and/or text or any other transferrable format. Once the term of an account ends, NeoTeriC Academy may delete data relating to an account in accordance with this Agreement and the Privacy Policy. It is the account holder’s sole responsibility to request renewal of accounts that do not automatically renew to maintain continued access to the account and its associated data.

5. ACCOUNTS AND STUDENT DATA

This Section 5 applies to a School’s and Parent’s use of the Service.

When NeoTeriC Academy is used by a School or by a parent, NeoTeriC Academy may collect or have access to Student Data that is provided by the School or by a student. “Student Data” is personal information that is directly related to an identifiable student and may include “educational records”.

The School or the student or the parent, and not NeoTeriC Academy, owns and controls the Student Data. You authorize NeoTeriC Academy to access, collect, transmit, display and store Student Data to provide the Service and for comparing mass students performance with respect to individual students and for training and quality purposes as described in this Agreement and in our Privacy Policy.

Use of Student Data. By submitting, providing us access to, or causing us to receive Student Data, you agree that NeoTeriC Academy may use the Student Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, (iv) comparing mass students’ performance with respect to individual students, (v)training and quality purposes, (iv) as permitted by the Privacy Act with the School’s or the User’s consent.

Use of De-Identified or Anonymized Student Data. You agree that both before and after the term of the Agreement, NeoTeriC Academy may collect, analyze, use, and retain data derived from Student Data as well as data about users’ access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that NeoTeriC Academy may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify anindividual.

Use of Personal Information for Marketing. You agree that NeoTeriC Academy may provide customized content, advertising, and commercial messaging to school, teacher or district administrative users and other non-student users from time to time, provided that such advertisements shall not be based on Student Data. For emphasis, and without limitation, NeoTeriC Academy shall never use Student Data to engage in targeted advertising.

Disclosure of Student Data and Third-Party Service Providers. You acknowledge and agree that NeoTeriC Academy may provide access to Student Data to our employees and service providers which have a legitimate need to access such information to provide their services to us. We and our employees, affiliates, service providers, or agents involved in the handling, transmittal, and processing of Student Data will be required to maintain the confidentiality of such data. NeoTeriC Academy shall not share Student Data with third parties other than as described in this Agreement and in the NeoTeriC Academy Privacy Policy, or with consent of the School or parent and/or as permitted in the Privacy Act

Student Data Access and Deletion Requests. You may request that we delete Student Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that NeoTeriC Academy shall not be required to delete Student Data that has been moved to a personal family account on the Service or as otherwise prohibited by law. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a School/Parent account will be instructed to contact the School/Parent to discuss data deletion or modification. NeoTeriC Academy is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify anindividual.

Data Security and Breach Notification. We have implemented administrative, physical and technical safeguards designed to secure the personal information in NeoTeriC Academy’s possession and control from unauthorized access, disclosure and use. If an unauthorized party gains access to or has been disclosed Student Data (a “Security Event”), that we have collected or received through the Service under this Agreement, we will try our best to notify the School/Parent as reasonably quickly as possible. If, due to a Security Event which is caused by the acts or omissions of NeoTeriC Academy or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School/Parents shall be responsible for the timing, content, and method of any such legally required notice and compliance with such laws and NeoTeriC Academy shall indemnify the School for reasonable costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of NeoTeriC Academy or its agents, NeoTeriC Academy shall reasonably cooperate with School’s/Parent’s investigation of the Security Event, as School requests, at School’s reasonable expense, but NeoTeriC Academy shall not indemnify a School for costs associated with the Security Event. NeoTeriC Academy shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to users that are not associated with a School/Parent account.

6. REGISTRATION AND THE ACCOUNT

Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, ‘Public Materials’). Other products, services, information and materials provided by www.neotericacademy.com.au require registration in order to be accessed and/or used by you (collectively, ‘Member Materials’). This User Agreement applies equally to the use and access of Public Materials and Member Materials.

When you register at this Website, you will be asked to create a login name and password (collectively, your ‘Account’)

7. ACCOUNT PASSWORD AND SECURITY

You will have a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NeoTeriC Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. NeoTeriC Academy cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.

NeoTeriC Academy accounts shall not be shared to anyone else except the authorised account holder (parent, teacher or admin) and the authorised student as agreed during the purchase and/or as in the contract agreement unless written and/or emailedprior authorization is given by NeoTeriC Academy.

8. USER CONTENT

The account holder and the student takes the responsibility of any content that is created, transmitted or displayed while using the Service. The user must not upload any content that is inappropriate for the intended users and subscribers of NA which includes but is not limited to only inappropriate words, sexually explicit or inappropriate image, video or wordings, any image, video or wordings that promote gender inequality, racism, discrimination based religion, appearance, skin color, ethnicity, physical condition and/or anything else that someone can consider a matter of discrimination. NeoTeriC Academy has the full right to eliminate the content in part or entirely as deemed appropriate. And NA will try to take action as reasonably quickly as possible but the user shall be responsible and legally liable for uploading such content and legal actions might be taken against the user by NeoTeriC Academy and/or an external government and/or non-government agency, official, a parent of a child or anyone considers that content is inappropriate and/or harmful for the intended user, subscriber and visitor of NeoTeriC Academy website.

The user shall have the legal right to the User Content you submit to the Service. The user shall not upload or post any User Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. The user shall post only User Content that s/he has permission to post by the owner or by applicable law.

The Service or NeoTeriC Academy may now or in the future allow Users to submit, post, display, provide, or otherwise make content available such as text, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content“).

.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to NeoTeriC Academy, the user expressly grants, and represents and warrants that s/he hasall rights necessary to grant, to NeoTeriC Academy a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and NeoTeriC Academy’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

8. MONEY BACK GUARANTEE

Money-back guarantee is provided to the course and/or service where ‘Money Back Guarantee’ is tagged at the time of purchase and applicable for the specific time limit advertised at the time of the purchase by the account holder. If the account holder is not satisfied with the content and send the reason to NeoTeriC Academy in writing, NeoTeriC Academy will refund the subscription amount less an admin fee which is 15% of the course fee

Please contact our team at admin@neotericacademy.com.au if you have any queries.

9. OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF NEOTERIC ACADEMY MATERIALS

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, animations, access codes together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, any copyrightable and/or patentable elements and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents (collectively the ‘ Materials’) are the property of NeoTeriC Academy, its partners, affiliates, third-party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by Australian and other foreign copyright, trademark and patent laws except the content that is extracted from any literature that includes but not limited to story, poetry, feature write-up, online and/or hard newspaper, Wikipedia and/or online knowledge sharing sites. Those excepted items are used only for educational purposes for the students to grow their knowledge on or off the topic through reading and/or practicing. NeoTeriC Academy is not selling the excepted items but the questions or associated items generated by NeoTeriC Academy related to the extracted items and the extracted items are included for the student’s understanding of the questions or the associated items. Without limiting the generality of any other provisions of this User Agreement, the use of any Materials from NeoTeriC Academy is prohibited on any other website, software, hard and/or softcopy as a standalone topic and/or a binder book or networked computer environment, private and/or public internet group irrespective of commercial and/or non-commercial purposes.

This User Agreement grants you a limited license to access and use this Website, the Public Materials, and if applicable the Member Materials, for only the authorised student’s educational use.. The user agrees that no portion of this Website and its contents can used, reproduced, duplicated, copied, distributed or otherwise exploited by for the user and/or anyone else using the user’s and students’s account on any purpose, and nothing contained herein shall be construed as conferring any other right. The user shall  not use the materials in a manner that suggests an association with any of our products. The user must not make any modifications to any Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any page and/or content of the NeoTeriC Acadmy, except where permitted by NA in writing or email; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Materials; (iv) publish any collection or compilation of any product listings, descriptions or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of , NeoTeriC Academy or its licensors; or (viii) use any meta tags or any other ‘hidden text’ utilizing the trademarks, logos, trade names or content of , NeoTeriC Academy or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software and data accompanying the software (the ‘Software’) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. NeoTeriC Academy keeps full and complete title to the Software and all intellectual property rights therein. You must not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to legal prosecution under applicable laws.

NeoTeriC Academy has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website.

10. INDEMNITY

To the extent permitted by applicable law, you agree to indemnify and hold NeoTeriC Academy, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Service, including without limitation, User Content, (ii) your use or misuse of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, (v) your violation of any applicable law or the rights of another person or entity, (vi) your wilful misconduct, or (vii) any other party’s access and use of the Service with your username, password, or other appropriate security code. NeoTeriC Academy reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate on our defence of these claims.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. MODIFICATION OR TERMINATION OF SERVICE

NeoTeriC Academy reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice for maintenance, development and other purpose to provide a better service. You agree that NeoTeriC Academy shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Service.

You agree that NeoTeriC Academy, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if NeoTeriC Academy believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that NeoTeriC Academy may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that NeoTeriC Academy shall not be liable to you or any third party for any termination of your access to the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other Internet websites or resources. Because NeoTeriC Academy has no control over such sites and resources, you acknowledge and agree that NeoTeriC Academy is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NeoTeriC Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. NeoTeriC Academy provides external information and resources with the honest intention to help NA users and visitors. It is the user’s or visitor’s responsibility to validate the information collected from NeoTeriC Academy if required with the source of the information and/or resource.

14. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Neoteric Academy expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. Neoteric Academy makes no warranty or condition that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from neoteric academy or through or from the service shall create any warranty or condition not expressly stated in the agreement.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOTERIC ACADEMY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEOTERIC ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

In no event shall NEOTERIC ACADEMY or its subsidiaries, parent companies, affiliates, licensors, contractors, employees, officers, directors, agents or third-party partners’ total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or your use of the NEOTERIC ACADEMY Service (whether in contract, tort, warranty or otherwise, exceed the amount paid by you, if any, for accessing the NEOTERIC ACADEMY Service during the twelve (12) months preceding your claim or one hundred dollars ($100), whichever is less.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. TRADEMARK INFORMATION

NEOTERIC ACADEMY and the NEOTERIC ACADEMY logo are registered trademarks of NEOTERIC ACADEMY PTY LTD. You agree not to use any NEOTERIC ACADEMY trademarks without the express advanced written permission of NEOTERIC ACADEMY.

18. ADDITIONAL TERMS FOR MOBILE APPLICATIONS

Mobile Applications, Generally. We may make available software to access the Service via a mobile device (“Mobile Applications”). To use a Mobile Application, you must have a mobile device that is compatible with at least one of the Mobile Applications. NeoTeric Academy does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. NeoTeric Academy hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one NeoTeric Academy User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (iv) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that NeoTeriC Academy may from time-to-time issue updates and upgrades, including but not limited to upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device.