You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. You hereby agree to supervise usage by, and be responsible for the actions of, any minor who uses your computer and/or Account to access the site. You should always supervise Your children's use of the Internet. In addition, You may not use this site if You reside in a country where it is prohibited by law, regulation, treaty or administrative act.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR,
ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE
READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING THE HEYMATH! PRIVACY NOTICE AND ANY ADDITIONAL
GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE "TERMS").
Ownership and Intellectual Property Rights
User Generated Content
Modifications to the site
Dealings with third parties and links
Your account, password and security
Cancellation and Refund
Disclaimer and limitation of liability
Ownership and Intellectual Property Rights
Sankhyaa Ltd shall retain all ownership in the Site and all content displayed on the Site. You acknowledge and agree that the Site and all information presented to you through the Site contain intellectual property rights owned by Sankhyaa Ltd, including but not limited to copyright, design rights and trade marks and You agree not to infringe the intellectual property rights owned by Sankhyaa Ltd or third parties as detailed in the Copyright Notice.
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Sankhyaa Ltd and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.K. and foreign copyright and trademark laws.
At all times, you acknowledge the absolute proprietary rights and ownership of all intellectual property rights of "HeyMath!" and its Content and shall grant HeyMath! a royalty-free perpetual license to all and any content that is provided to HeyMath! or uploaded by your Users into the HeyMath! Web Site for the benefit of all HeyMath! subscribers regardless of monetary consideration and shall not undertake to do any act, deed or thing in violation of the said rights.
User Generated Content
User Generated Content. HeyMath! may permit (a) the posting and/or publishing by You and other Users of content, including but not limited to videos, notes, questions using tools provided by HeyMath!, (collectively, "User Generated Content") You understand that whether or not such User Content is published, HeyMath! does not guarantee any confidentiality with respect to any submissions.
License Grant to HeyMath!. By posting, submitting or distributing User Generated Content on or through the Website, You hereby grant to HeyMath! a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise monetize your User Generated Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
User Generated Content Representations and Warranties. You are solely responsible for your User Generated Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize HeyMath! to use and distribute your User Generated Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by HeyMath! and these Terms; (2) your User Generated Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Generated Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Access to Your User Generated Content. HeyMath! may permit Users to share their User Generated Content with a select group of other Users, and make their User Generated Content public for all (even non-Website users) to view. You acknowledge and agree that, although HeyMath! may provide certain features intended to allow you to restrict some User Generated Content you create from others, HeyMath! does not guarantee that such User Generated Content will never be accessible by others. HEYMATH! HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER GENERATED CONTENT.
User Generated Content Disclaimer. You understand that when using the Website You will be exposed to User Generated Content from a variety of sources, and that HeyMath! is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Generated Content. HeyMath! does not endorse any User Generated Content or any opinion, recommendation or advice expressed therein, and HeyMath! expressly disclaims any and all liability in connection with User Generated Content.
Sankhyaa Ltd grants You a nonexclusive, revocable right to use the Site provided that You agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any material found on the Site, in whole or in part or otherwise attempt to discover any source code except as expressly authorized by Sankhyaa or relevant third parties. You expressly agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information;
Use the Site for any purpose, which is in violation of local, state, national or international law;
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party;
Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer;
Impersonate another person or allow any other person or entity to use Your account identification;
Post the same question or information repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed through the Site;
Post any personal information about You or other persons.
Modifications to the Site
Sankhyaa Ltd reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to You, and You agree that Sankhyaa Ltd shall not be liable to You or any third party for any modification or discontinuance of the Site.
Dealings with Third Parties and Links
(a) The Site may provide, or third parties may provide, links to other web sites or resources. As Sankhyaa Ltd has no control over such sites and resources, you acknowledge and agree that Sankhyaa Ltd is not responsible for the availability of such external sites or resources, 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.
(b) Any dealings by you with any third party on or through the Site shall be solely between you and that third party and Sankhyaa Ltd shall not be responsible for any loss or damage that may arise from any such dealings.
Your account, password and security
You are responsible for maintaining the confidentiality of any password and account number provided by Sankhyaa Ltd for accessing the Site, and are fully responsible for all activities that occur under Your password or account. You agree to immediately notify Sankhyaa Ltd of any unauthorized use of Your password or account or any other breach of security.
Sankhyaa Ltd shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You may not use anyone else's account or permit anyone else to use Your account at any time. Should Sankhyaa Ltd have reason to believe that there has been an impersonation or misuse of the service through Your account, such action shall be construed as a breach of this Agreement by You.
Cancellation and Refund
We suggest you to go through the Lesson Library and check out the free samples before you purchase from www.heymath.com. Once a product has been purchased by you we will not be able to entertain any cancellations or refunds, other than if you have purchased the same product twice in error and provided you have not accessed these products using the user id(s) and password(s) provided by us.
You agree to indemnify, defend and hold harmless, Sankhyaa Ltd, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Sankhyaa Ltd reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Sankhyaa Ltd in asserting any available defenses.
Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SANKHYAA LTD AND ITS AFFILIATES DO NOT WARRANT THAT THE SERVICES PROVIDED BY SANKHYAA LTD OR THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.
SANKHYAA LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SANKHYAA LTD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY SANKHYAA LTD OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SANKHYAA LTD'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO SANKHYAA LTD, IF ANY, IN THE THREE (3) MONTH PERIOD PRIOR TO ANY DISPUTE.
YOU AGREE NOT TO HOLD SANKHYAA LTD, SANKHYAA LTD'S AGENTS AND EMPLOYEES, OFFICERS, DIRECTORS, OR PARTICIPANTS IN SANKHYAA LTD'S AFFILIATE SERVICE LIABLE FOR ANY ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE AND RELEASE ALL SUCH PERSONS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
This Agreement and all questions of construction, validity and performance under this Agreement shall be governed by English law and subject to the non-exclusive jurisdiction of the English courts. Nothing in the Terms affects any liability for fraudulent misrepresentation. Any failure by Sankhyaa Ltd to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Sankhyaa Ltd and You with respect to the subject matter hereof, and You have not relied upon any promises or representations by Sankhyaa Ltd with respect to the subject matter except as set forth herein. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.