Terms and Conditions

Definitions

Key terms

In these Terms:

• Mathbanks, we, us, or our means the operator of the Platform: Mathbanks.com (Melbourne, Australia).
• You or user means any person who accesses or uses the Platform.
• Content means all questions, worked solutions, mark scheme-style solutions, explanations, text, graphics, videos, downloadable materials, and other material made available on the Platform.
• Subscription means any paid plan that provides access to premium features or Content.

Eligibility and accounts

Age requirements

You must be at least 15 years old to create an account. If you are under 18, you confirm you have permission from a parent or legal guardian to use the Platform.

Account security

You are responsible for maintaining the confidentiality of your login details and for all activity on your account.

Account information

You must provide accurate, current information when creating an account and keep it updated.

Refusal, suspension, and termination

We may refuse registration, suspend, or terminate accounts as permitted under these Terms.

Educational purpose and no affiliation

Educational use

The Platform is provided for general educational and study purposes.

No affiliation

Mathbanks is not affiliated with, endorsed by, or approved by the Victorian Curriculum and Assessment Authority (VCAA) or any government education body.

No guaranteed outcomes

We do not guarantee any particular academic outcome, score, rank, or exam result.

Intellectual property ownership

Ownership

All rights, title, and interest in the Platform and the Content are owned by us or our licensors and are protected by copyright and other intellectual property laws.

Original content

The questions and solutions on Mathbanks are authored from scratch. Any similarity or overlap with other materials (including VCAA-style questions, textbooks, tutoring resources, or other question banks) is unintended and purely coincidental.

No transfer

Nothing in these Terms transfers ownership of any intellectual property rights to you.

Licence to use the Platform

Personal study licence

We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform and Content for your personal, non-commercial study purposes only, while you comply with these Terms.

Restrictions

This licence does not allow you to:

• reproduce, copy, download, record, scrape, store, cache, or archive Content except as expressly permitted by these Terms
• modify, adapt, translate, reverse engineer, create derivative works from, or otherwise alter any Content
• distribute, publish, sell, license, rent, lease, share, broadcast, or disseminate any Content to any other person
• use any Content for commercial purposes, including tutoring businesses, school resources, paid lesson materials, monetised social media, or competing products
• use the Platform or Content to train, fine-tune, benchmark, evaluate, or improve any machine learning or artificial intelligence (AI) system, or to reproduce or generate substantially similar questions or solutions
• remove, obscure, or alter any copyright, watermark, attribution, or proprietary notices

Schools, tutors, and organisations

Schools, tutors, and organisations may not use the Platform or Content for teaching delivery, assessment creation, distribution to students, or internal resource banks unless you have our prior written permission under a separate written agreement. For enquiries, contact hellomathbanks@gmail.com.

Liquidated damages

Unauthorised multi-user or organisational use

Each licence is granted on a per-individual, non-transferable basis. If you breach the licence restrictions (including by enabling or permitting access by multiple people under a single account or within a school, tutoring, or organisational setting), you agree to pay liquidated damages equal to AUD $100 multiplied by the number of unauthorised end users who accessed the Platform or Content, plus our reasonable investigation and enforcement costs to the extent permitted by law.

The parties agree this amount is a genuine pre-estimate of loss and is not intended to operate as a penalty.

If the number of unauthorised end users cannot be determined precisely, you agree we may use a reasonable estimate based on available evidence (for example, enrolment numbers, group size, access logs, or screenshots).

Prohibited AI use and text and data mining

Prohibited AI use

You must not, and must not permit any third party to, use the Platform or any Content (in whole or in part) for any AI-related purpose, including to:

• create, build, compile, collect, label, or generate any dataset or corpus
• scrape, copy, download, store, cache, archive, index, embed, vectorise, or otherwise ingest Content into any database (including any vector database)
• train, fine-tune, benchmark, evaluate, or improve any machine learning or AI model
• develop, operate, or supply any retrieval-augmented generation (RAG) pipeline, question-answering system, tutoring bot, or similar product that uses or is derived from Content
• prompt any AI system to recreate, paraphrase into substantially similar form, or generate derivative questions or solutions based on Content, where the output is then stored, reused, distributed, commercialised, or used to build a competing resource

This restriction applies regardless of whether the AI system is developed by you, your organisation, a third party, or an external provider, and regardless of whether the Content is ingested manually, automatically, or via screenshots, retyping, recording, copying, or recording the screen.

No text and data mining

To the maximum extent permitted by law, you must not perform (or attempt to perform) any text and data mining, automated analysis, crawling, indexing, or bulk extraction of Content, including for research, commercial analytics, or AI purposes, without our prior written permission.

Consequences of prohibited AI use

A breach of the AI and text and data mining restrictions is a serious breach. If we reasonably believe you have breached (or attempted to breach) these restrictions, we may, without notice:

• immediately suspend or terminate your account and revoke your licence to use the Platform
• require you to permanently delete and destroy (and certify deletion in writing) any copies of Content, embeddings, indexes, vector databases, datasets, prompt libraries, or other artefacts derived from Content that are in your possession or control
• issue takedown notices to any third parties hosting or distributing any Content or derivatives
• seek injunctive relief (court orders) to prevent further use, ingestion, or distribution
• recover our reasonable investigation and enforcement costs (including legal fees) to the extent permitted by law
• seek liquidated damages (if and to the extent enforceable) for unauthorised ingestion and reuse of Content, in addition to any other remedies available at law or in equity. Any liquidated damages will be a genuine pre-estimate of loss and not a penalty

Prohibited conduct

Platform misuse

You must not, and must not attempt to:

• share your account credentials or allow others to access your account
• circumvent, disable, or interfere with security-related features
• use bots, scrapers, scripts, automation, robots, spiders, or bulk downloading tools
• overload, disrupt, or impair the Platform (including denial-of-service activity)
• probe, scan, or test the vulnerability of the Platform
• access areas or data you are not authorised to access
• frame, mirror, or otherwise present any part of the Platform within another website or service without our prior written permission
• reverse engineer, decompile, or disassemble the Platform software or security measures, except to the extent permitted by law
• use the Platform for unlawful purposes or in a way that violates any school, institutional, or exam rules

Communications and behaviour

You must not use the Platform to send unsolicited messages, spam, or phishing attempts, impersonate any person or entity, or attempt to solicit passwords, payment details, or personal information from others.

Feedback and submissions

Feedback

If you provide feedback, suggestions, or ideas, you agree we may use them without restriction or compensation, and you grant us a perpetual, irrevocable, worldwide, royalty-free licence to do so.

User submissions (if any)

If the Platform allows you to submit materials (for example, support messages, attachments, or other submissions), you confirm you have the right to submit them and that they do not infringe any third-party rights. We may remove or refuse submissions at our discretion.

Subscriptions, billing, and renewals (if applicable)

Plans and pricing

Subscription features, pricing, and inclusions are described on the Platform and may change in accordance with these Terms.

Payment authorisation

By purchasing a Subscription, you authorise us (and our payment processor) to charge your chosen payment method.

Renewals and cancellation

Subscriptions renew automatically at the end of each billing period unless cancelled before renewal.

Failed payments

If a payment fails, we may suspend or downgrade access until payment is successful.

Refunds

Except where required by law, we do not provide refunds for change of mind.

Consumer law rights (Australia)

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (ACL) or other applicable law that cannot be excluded.

Where permitted, and subject to non-excludable rights under the ACL, our liability is limited (at our option) to resupplying the services or paying the cost of having the services supplied again.

Disclaimers

"As is" basis

The Platform and Content are provided on an "as is" and "as available" basis.

No warranties about accuracy or availability

While we aim for accuracy and quality, we do not warrant that:

• Content is error-free, complete, or always up to date
• the Platform will be uninterrupted, secure, or available at any time
• any particular topic coverage, difficulty balance, or syllabus alignment will meet your requirements

No professional advice

Content is general information for study purposes and does not constitute professional advice. You are responsible for how you use the Platform, including verifying information independently when needed.

Downloads, malware, and external links

If the Platform provides downloads or links to third-party websites, you use them at your own risk. We do not guarantee that any files, downloads, or external sites will be free of viruses, malware, or other harmful code.

Limitation of liability

To the maximum extent permitted by law (and subject to the consumer law rights section), we are not liable for any indirect, consequential, special, or punitive loss, or any loss of profits, revenue, data, goodwill, or opportunity arising out of or in connection with your use of the Platform.

To the maximum extent permitted by law (and subject to the consumer law rights section), our total aggregate liability to you for any claim relating to the Platform is limited to the greater of:

• the total fees you paid to us in the 3 months immediately before the event giving rise to the claim, or
• AUD $100

unless a non-excludable legal right requires otherwise.

Indemnity

To the maximum extent permitted by law, you agree to indemnify and hold us harmless from any claim, loss, liability, and expense (including legal fees) arising from your breach of these Terms, your misuse of the Platform, or your violation of any law or third-party rights.

Access, changes, and availability

Changes to the Platform

We may update or modify the Platform at any time, including removing, replacing, or adding Content and features.

Changes to these Terms

We may update these Terms from time to time. If changes are material, we will take reasonable steps to notify you (for example, via the Platform or email). Continued use after changes take effect means you accept the updated Terms.

Access restrictions

We may prevent or restrict your access to the Platform for technical, security, operational, or other reasons, including to protect the Platform, users, or our rights.

Suspension and termination

We may suspend or terminate your access immediately if we reasonably believe you have breached these Terms, infringed our intellectual property rights, or engaged in prohibited conduct (including scraping, copying, or distribution).

Upon termination, your licence to use the Platform ends immediately and you must cease all use of the Content.

Third-party services

The Platform may use third-party services (including payment processors and analytics) or contain links to third-party websites. We are not responsible for third-party services, content, or privacy practices, and your use of them may be governed by their separate terms.

Privacy

Our collection and handling of personal information is governed by our Privacy Policy (available on the Platform).

Notices and contact

Legal notices and enquiries can be sent to: hellomathbanks@gmail.com

Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that may hear appeals from those courts.

General

Severability

If any provision of these Terms is invalid or unenforceable, it will be severed and the remainder will continue in effect.

No waiver

Our failure to enforce any right is not a waiver of that right.

Entire agreement

These Terms (and any policies referenced) form the entire agreement between you and us regarding the Platform.

Reservation of rights

Any rights not expressly granted to you in these Terms are reserved by us.