HSC101 Terms of Service

Thanks for using HSC101! These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services”). Our Privacy Policy explains how we collect and use your information. By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy Policy.

 

General Conditions
We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You are granted a non-exclusive licence, expressly limited only to access and use of the site, strictly in accordance with the site’s available usage options, and to view, copy and print portions of the content as provided for in the site. Nothing in the site, the content or the terms is intended to grant you the right to sublicense the licence to anyone or any entity. The licence is granted solely in accordance with the Terms, and you agree and acknowledge the following: (a) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (b) you may not modify or otherwise make derivative uses of the Site or the Content, or any portion thereof; (c) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (d) you may not use any data mining, robots or similar data gathering or extraction methods with respect to the site; (e) you may not use the Site or the Content other than for its intended purpose; and (f) you may not reproduce, prepare derivative works from, distribute or display the Site or any Content (except for ymentge caching), except as provided herein. Except as expressly permitted above, any use of the portion of the Site or Content without the prior written permission of HSC101 is strictly prohibited and will terminate the licence granted in these Terms.

 

You represent and warrant that your use of the Site and the Content will be consistent with this licence and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify HSC101 against any liability to any person arising out of your use of Content not in accordance with these Terms.

 

To request permission for uses of Content not included in the foregoing licence, you may contact HSC101 by mail to:

Website Administration
HSC101 Pty Ltd
Level 1, 12-14 Ormonde Pde
Hurstville NSW 2220
Australia

 

Membership

HSC101 offers its services to its members via paid subscription. Membership is a privilege, not an entitlement, and HSC101 may change its services and suspend, terminate and restrict your membership at any time if we believe that this is reasonably justified within the terms of this Agreement or any of its Policies or Terms outlined in the Subscription Agreement. In the event that HSC101 changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new account.

Your membership is not transferable or shareable. Your HSC101 account (including feedback and associated member UserID) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account or UserID to us.

 

Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

User Comments

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Content submitted by users will be considered non-confidential and HSC101 is under no obligation to treat such content as proprietary information. Without limiting the foregoing, HSC101 reserves the right to use the content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing post. HSC101 is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once content has been submitted. HSC101 shall have no duty to attribute authorship of content to you and shall not be obligated to enforce any form of attribution by third parties.

 

Third Party Links

Certain content and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Third-party links are only provided as a convenience and does not imply HSC101’s endorsement, adoption or sponsorship of, or affiliation with, such Third Party Site or Third Party Content. We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Our Stuff

The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, HSC101 trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

 

Personal Information

Your submission of personal information to the site is governed by our Privacy Policy. Please refer to our privacy policy for information on how we collect, use and disclose personally identifiable information from its users.
You agree to (a) provide accurate, current and complete information about you as may be promoted by any registration forms on the Site (Registration Data); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to HSC101, and to keep it accurate, current and completely; and (d) accept all risks of unauthorised access to the Registration Data and any other information you provide to HSC101.

 

Copyright

Infringing our Copyright. Except as otherwise expressly indicated by HSC101 in writing, the site, and all information, messages data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material and other content contained in the site, including, without limitation, the HSC101 logo and all designs, text, graphics, pictures, information, data, software, video/sound files, other files and the selection and arrangement thereof (collectively, the Content) are the property of HSC101 Pty Ltd or its Related Entities (as defined in the Corporations Act (Cth) 2001) or licensors and are protected by Australian and International copyright laws. The site and all content is copyrighted – © 2015 HSC101 Pty Ltd All Rights Reserved.

Infringing others’ Copyright. If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying HSC101 that your copyrighted material has been infringed.
Please provide the following information in the following format:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complain, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
We respect the intellectual property of others and actively respond to notices of alleged copyright infringement if they comply with the law, and such notices should be submitted. Notices of claims of copyright infringement on this site can either be emailed or mailed to HSC101 Pty Ltd. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent
HSC101 Pty Ltd
Level 1, 12-14 Ormonde Pde
Hurstville NSW 2220
admin@hsc101.com.au

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.

 

Paid Account

Billing. We’ll automatically bill you from the date you decide to register for a paid account, on a pro-rata basis, and at the beginning of each billing quarter until cancellation. To cancel, you will need to contact us directly so that we can help you resolve this issue. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds. You may cancel your HSC101 Account at any time but you won’t be issued a refund unless it’s legally required.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

 

Termination

You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.

 

Limitation of Liability

Except as expressly provided to the contrary in writing by HSC101, the Site, the Materials contained therein and the services provided on or in connection therewith (Services) are provided on an “as is” basis without warranties of any kind, either express or implied. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate, complete, reliable, current or error-free.
We are not responsible for typographical errors or omissions relating to pricing, text or imagery. While HSC101 attempts to make your access to and use of the site and the services safe, HSC101 cannot and does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognised software to detect and disinfect viruses from any download or use of the Site.
Notwithstanding any provision of the Site terms, HSC101 reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) change, suspend or discontinue any aspect of the Site, Content or Services; and (b) impose limits on the Site, Content or Services.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You waive and covenant not to assert any claims or allegations of any nature whatsoever against HSC101, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the site. The Services, Content or Materials contained in or accessible through the site, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of site content, or allegations that HSC101 has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the site. You use the site at your own risk.
Without limitation of the foregoing, neither HSC101 nor any parties providing site content shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind including but not limited to loss of use, loss of profits, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the content or the materials contained in or accessible through the site, including without limitation any damages caused by or resulting from your reliance on any site content or other information obtained from HSC101 or accessible via the site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to HSC101’s records, programs or services.
In no event shall the aggregate liability of HSC101, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to HSC101 for access to or use of the site.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some of the above limitations may not apply to you.

 

Resolving Disputes

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against HSC101, you agree to try to resolve the dispute informally by contacting admin@hsc101.com.au. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or HSC101 may bring a formal proceeding.

Judicial forum for disputes. You and HSC101 agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Sydney NSW, Australia, subject to the mandatory arbitration provisions below. Both you and HSC101 consent to venue and personal jurisdiction in such courts.

 

Controlling Law

The site (excluding Third Party Sites) is controlled by HSC101 Pty Ltd and operated by HSC101 Pty Ltd from its offices in and around Sydney, Australia. While HSC101 has made no effort to publish the Site elsewhere, the Site is accessible in all states of Australia and in other countries. You and HSC101 both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and HSC101 explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you have against HSC101 Pty Ltd arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction.

 

Entire Agreement

These Terms constitute the entire agreement between you and HSC101 with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

 

Waiver, Severability & Assignment

HSC101’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. HSC101 may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

Modifications

Modifications regarding Terms and Conditions. We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Modifications regarding Services. Prices for our services are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuation of the Service.

Modifications regarding Content. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

 

Contact

Have questions or concerns about HSC101, our Services and Terms? Contact us at admin@hsc101.com.au.

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