Terms of Service

General

  • ScholarMagic is an online information service, hereafter referred to as "the Service" (including this Web site and all its applications), provided by ScholarMagic Pty Ltd, hereafter referred to as "the Provider".
  • These Terms of Service are a legally binding agreement between the Provider and any natural or legal person who uses the Service for any purpose, hereafter referred to as "the User".
  • These General Terms of Service can be subject to additions included within our statement on Privacy.
  • Individual Terms of Service and individual amendments to all Terms of Service are only binding if in written form. Furthermore, waiving this formal requirement can only be done in written form.

Disclaimer

  • The Service is provided "as is", without any representations and warranties, either express or implied. This includes (but is not limited to) implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not guarantee any results, effects or outcome from the use of the Service.
  • The Provider does not claim or warrant that the Service (including the data and information provided) are accurate, up-to-date, complete or reliable. The provider is not responsible or liable for any damage, disadvantage or disprofit, whether material or immaterial, that is caused by the usage or non-usage of the Service, unless such consequences are caused by the Provider intentionally or negligently.
  • The Provider reserves the right to change, reduce, interrupt or discontinue the Service or parts of it at any time without notice.
  • No one has a right to use the Service, and the Provider reserves the right to exclude certain Users.

Notice and take down

  • If a User believes that information provided by the Service infringes his/her or any third party's rights, the User shall notify the Provider before taking any legal action.
  • Upon such notification, the Provider will expeditiously review the objectionable information and, where necessary, will remove or disable access to this information (the "notice and take down" process).
  • The Provider will respond to any such notification within two business days, Australian Eastern Standard Time.
  • Users shall not take any legal action before (a) the Provider has dismissed the notification or (b) two business days have elapsed without a response from the Provider.
  • The Provider disclaims liability for expenses, including all court and lawyer fees, if legal action is taken earlier.

Misuse of the Service

  • Users must not misuse the Service. Misuse of the Service includes, without limitation:
    • offensive or insulting statements made to other Users;
    • automated and/or massive manual retrieval of data from the Service (i.e. "data harvesting" or “web scraping”);
    • advertising for commercial products or services of any kind;
    • unsolicited employment offers and/or business proposals;
    • any kinds of technical attack on servers of the Provider.
  • All abovementioned behaviours are strictly forbidden, except for when the User has obtained prior written permission from the Provider.

Usage of information

  • The Service, including all information provided by the Provider and by other Users, may only be accessed manually by a natural person, using ordinary Internet devices.
  • Users must not publish, share, sell, or make available information that is provided within the Service by the Provider, or by other Users to/with any third party.
  • Users must not store or process other User's personal data for any purpose than the natural purpose of such data being published within the Service by the respective User.

Copyright and other Intellectual Property Rights

The software operating the Service, the site design, graphics, articles, texts, and the database, are all protected by copyright and property of the Provider.

Trademarks and Service Marks

Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This does not mean that such marks were not registered trademarks or service marks or such marks were not protected by any applicable law. Such trademarks and service marks are property of their respective owners and must not be used by Users in any infringing manner.

Applicable Law

These Terms of Service, including its additions, are an agreement solely under the law of the Federal Commonwealth of Australia, insofar as it is directly applicable within Australia. The Provider and the User waive all other law, including the law at the place of residence or usage of the User (if other than Australia) and any international trade law.

Special Terms for Business Users

For Users that use the Service for business purposes, place of jurisdiction for all issues that arise from the usage of the Service, including this Terms of Service and all of its additions, is Sydney, Australia.

Salvatorius Clause

If any provision or provisions of this Terms of Service and its additions shall be held to be or become invalid, illegal, unenforceable or in conflict with the law of any applicable jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Last updated 11 November 2022