Terms & Conditions of use:
These Terms and Conditions apply to the use of this Website and to the use and purchase of Materials and other goods and services from us. In using this Website you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website or purchasing goods/services through it.
In these Terms and Conditions:
1.1 “Materials” means any materials (including articles, notes, books, exams, electronic books, videos, newsletters other content in any format) provided / made available through the Website;
1.3 User Content” means any user-generated or user-supplied content submitted to us or the Website (whether by you or others) and includes comments, feedback, study notes, user profile information, usernames, and other text, data, files, images, photographs and audiovisual material in any format;
1.4 “We”, “us” and “our” are references to Neap, Smart Study and Neap Education Pty Ltd ACN 634 499 791, the operator of the Website; and
1.5 “Website” means our website located at www.neap.com.au and unless the context requires otherwise includes any Materials and related goods and services.
Registration and access
2.2 In order to engage register and gain access you may choose a username. The name must not be inappropriate, misleading or fraudulent. You should also choose a password that is sufficiently complex and inventive so as to minimise the risk of unauthorised use and access.
2.3 You must not use another person’s account, password or log-in details for any reason, unless permitted by us in writing.
2.4 You are solely responsible for any activity occurring on your account. You must keep your account details secret and secure, including login and password details. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately.
2.5 You agree and acknowledge that in the event we suffer loss or damage as a result of a minor purporting to enter into a transaction with us, we reserve the right to take legal action and seek recompense from the parent or guardian of that minor.
Use of the Website
3.1 You must not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website or Materials.
3.2 You remain solely responsible and liable in respect of any User Content that you may post. We reserve the right (and empower moderators) to remove any User Content that you or any other user posts at any time without notice to you. However, you acknowledge that we do not routinely pre-screen, monitor, check or review User Content.
3.3 If we become aware of User Content that violates these Terms and Conditions, in addition to any other remedies available at law, we may disclose your identity and related information in the event that we receive a formal complaint, if legal action is threatened or commenced against us and/ or in respect of your User Content and activity.
3.4 If you believe that any User Content violates these Terms and Conditions you may notify us. We reserve the right to remove any objectionable User Content and will endeavour to remove material that we deem objectionable within a reasonable time after considering whether it violates these Terms and Conditions. Please bear in mind that removal is a manual process and may take some time to occur.
3.5 You must not do anything that would impose or may impose an unreasonable or disproportionately large load on the Website, nor do anything to circumvent or bypass any measures we may use to prevent or restrict access to the Website.
3.6 You must take your own precautions to ensure that the process which you employ for accessing this Website and any Materials do not expose your computer or other devices to the risk of viruses, malicious computer code or other forms of interference which may cause damage. We do not accept responsibility for any interference or damage to your own computer system or device which arises in connection with your use of this Website or any linked website.
3.7 You agree that you will comply with all laws that may apply to the use of this Website and the purchase and sale of Materials.
4.1 Copyright and all other intellectual property rights in the Website (including its text, graphics, animations, audio-visual materials, user interfaces, photographs, code, music and artwork) and the Website as a compilation are owned by us.
4.2 Copyright in other Materials is either owned by us and in all other cases licensed (whether explicitly or implicitly) to us.
4.3 When you submit User Content you grant us a royalty free, perpetual licence to use, display, reproduce, communicate to the public that User Content. However, we shall not be obliged to use, display, retain or keep using, displaying or retaining any User Content so supplied. You warrant that User Content that you provide will not infringe any third party’s copyright, other intellectual property or other rights.
4.4 We take intellectual property infringement and plagiarism seriously. You agree and acknowledge that we will be entitled to provide details of Users reasonably believed to be in breach of intellectual property rights or have plagiarised to law enforcement and educational authorities in order to protect the rights of third parties.
4.5 Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation throughout the world, and except as expressly authorised under such legislation by these Terms and Conditions, with our prior written permission or where you are the owner of copyright in the Materials in question, you may not in any form or by any means reproduce, copy, adapt, translate, store, distribute, re-distribute, purport to sub-license, on-sell, print, display in public, perform, communicate to the public or create derivative works from the Website, any Materials or any substantial part of either. The Website and Materials may not be distributed or mirrored to any other computer, server, website or other medium for publication or distribution. Materials are licensed for your own personal, non-commercial use only.
4.6 You may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission.
4.7 The brand “Neap” and “Smart Study” guides, including any logo version of that trade mark, is our trade mark and may not be used by you without our prior written consent.
4.8 VCE examination questions and assessor report extracts are reproduced by permission, © VCAA. VCE is a registered trademark of the VCAA. The VCAA does not endorse or make any warranties regarding this study resource. Current VCE Study Designs, past VCE exams, and related content can be accessed directly at www.vcaa.vic.edu.au.
5.1 In operating the Website and otherwise providing Materials to the extent permissible at law we disclaim any warranty that Materials or descriptions of Materials will be accurate, complete, reliable, current, useful or error-free. To the extent permissible at law this website and all materials are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under the Australian Consumer Law or other applicable law (if applicable) and we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.
5.2 Unless specifically specified, we do not exercise any editorial control over the content of Materials. Opinions, advice, representations and other information or content expressed or made available by third parties, including providers of content for Materials and other users, are those of their respective authors and not of Neap Education Pty Ltd, its staff, or its related companies. To the extent permissible we disclaim all liability for any defamation or other conduct of Users in their use of the Website.
5.3 We do not make any representations or warranties that your access to the website and materials will be uninterrupted, timely, secure or error free.
5.4 You accept that information or advice found or made available through this Website is general information and is not in the nature of advice and is not guaranteed to be error-free. You should make your own enquiries before relying on anything in this Website.
5.5 This Website and Materials are not intended to replace regular class attendance or each individual’s own study note taking and production and exam preparation. They are intended to be used in conjunction with your own study note and directions from your teachers. They are designed to further the study of subjects through interaction with fellow students and use of additional materials and are not a substitute for full participation in other established educational programs. You are responsible for maintaining classroom attendance and good study habits and following the necessary syllabus. We do not represent or warrant that using the Website will lead to any particular study outcome or academic result and disclaim any warranty that the Website can be relied upon.
5.6 Where legislation (including the Australian Consumer Law) implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law. Without limiting the foregoing, to the extent permissible at law we exclude liability and responsibility in respect of:
(a) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers;
(b) bugs, viruses, trojan horses or other harmful code which may be transmitted to or through our Website by a third party; or
(b) any interruption or cessation of transmission from our Website.
5.7 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity including educational opportunity) of any nature arising through or as a result of your use of the Website or any Materials or goods/ services purchased through it.
Purchasing and Payment
6.1 All prices for goods and services that are for sale are listed on the Website are listed in AUD. Prices include GST where applicable. Prices are current at time of display but are subject to change on prior notice.
6.2 Additional terms and conditions may apply to purchases of Materials for sale or other goods or services and to specific portions or features of the Website, including special promotions or other similar features, all of which terms are made a part of these Terms and Conditions by reference. You agree to comply with such other terms and conditions. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific goods/ services offered on or through the Website, those latter terms shall prevail.
6.3 Once you have placed an order to purchase Materials that are for sale, and provided that order has been accepted, you will receive an order confirmation via email. Please check this confirmation.
6.4 Payment must be effected in the manner described on the Website (credit card, debit card and any other method indicated such as Stripe/PayPal) and must be received in full prior to dispatch of or provision of access (as the case may be) to Materials that are supplied by sale.
6.5 You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching or providing access to Materials supplied by sale.
6.6 You acknowledge that despite our reasonable precautions, Materials for sale may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Links and advertisements
7.1 This Website may contain links to other websites, including but not limited to those of third party supplier and providers (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
7.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated or implied to the contrary.
7.3 Responsibility for the content of any advertisements appearing on this Website rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.
8.1 You agree to fully indemnify and hold us (and our staff, directors and officers) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach of these Terms and Conditions.
Breach of Terms and Conditions / Termination / Suspension of Access
9.1 Your account may be terminated by us on written notice to you if you are in breach of these Terms and Conditions and we have provided you with 7 days’ written notice to remedy that breach and you have not remedied the breach, or immediately if the breach is incapable of remedy.
9.2 Without limiting any other remedy available to us at law or clause 9.1, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the perceived breach, including, but not limited to suspending your access to the Website and/or Materials, preventing computers using your IP Address from accessing the Website and/or Materials, and contacting your internet service provider to request that your access to the Website be blocked.
9.3 Without limiting the foregoing, you acknowledge that we may terminate the operation (generally) of, and hence your access to, this Website (whether temporarily or permanently) at any time by us without notice. Except as required by law, we will not be liable to you for doing so.
9.4 hose of the Terms and Conditions that are capable of surviving termination will survive any such termination.
Waiver, Severance and Assignment
10.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.
10.2 If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions.
10.3 In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms and Conditions.
11.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
11.2 The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions or part of them.
Amendments to Terms and Conditions
12.1 No terms and conditions sought to be imposed by you shall bind us unless we agree to same in writing.
12.2 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon publication on this Website and will apply to all transactions occurring and agreements entered into following such publication. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.
Date of last update: 4 October 2019