Terms & Conditions
Acceptance of the Terms of Service
Welcome to Save My HSC! We are excited to have you as a user. The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Service") apply to your use of www.savemyhsc.com.au, including any content, functionality and services offered on or through savemyhsc.com.au (the "Website").
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start to use the site or work with us. By using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the website, or contact us at email@example.com. Save My HSC is all about improving student learning, and we'll be happy to hear your comments and suggestions and work out a better version of this agreement.
Changes to the Terms of Service
Accessing the Website and Account Security
Save My HSC reserves the right to withdraw or amend, even dramatically, this Website, and any service or material we provide on the Website, in our sole discretion without notice. Also, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access certain sections of the Website you are provided with a secure user name, password or any other piece of information as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Save My HSC of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
In the future, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service.
"This is not an NDA" clause
You are allowed to publicly talk and write about Save My HSC and the Website, albeit aknowledging that the service and the Website are in beta and everything is subject to change. For this reason, we kindly ask you to restrain of publishing full reviews, public tests, screenshots or anything else that might unfaithfully represent Save My HSC. We trust your judgment and discretion in helping us develop and spread Save My HSC to more students!
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes related to your role as a prospective customer of Save My HSC.
If you use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, upload, download, use or re-use any material which does not comply with the Content Standards set below.
- To transmit, or procure the sending of, any mass advertising or direct solicitation material.
- To impersonate or attempt to impersonate the Company or a Company employee, another user, or another person or entity (including, without limitation, the use of e-mail addresses or screen names associated with or confusingly similar to any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.
User Contributions and Legal Disclaimer
The Website contain user generated content, and also may contain message boards,personal web pages or profiles, forums or other interactive features (collectively, "Interactive Services") that allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website.
All User Content must comply with the Content Standards set out below.
We claim no intellectual property rights over the User Content. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view, comment, edit and branch your Content, and you grant us the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contentand have the right to grant the Company and its affiliates the license granted above.You represent and warrant that all of your User Content do and will comply with these Terms of Service, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
Any feedback, comments, or suggestions you may provide regarding Save My HSC is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
In particular, User Content is not intended to be legal advice or form an attorney-client relationship between the users, or between the users and the Company. Use of the Website should never be understood to be replacing use of a qualified attorney, and Save My HSC's relationship to all documents and transactions completed using the Website is that of a trusted, disinterested technology platform.
Monitoring and Enforcement of User Content; Termination
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
- Disclose user identities when required to do so by applicable alw, including in response to a law enforcement request supported by a valid court order.
- Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Content and Interactive Services. User Content must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter oradvertising.
- Give the impression that they emanate from us or any other person or entity, if this is not the case.
If you believe that any User Content violate your copyright, please email us at firstname.lastname@example.org for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers, and we are in the process of setting up a DMCA compliant process for managing cases of infringment.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Disclaimer of Warranties, Limitations of Liability and Indemnification
You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is in beta test version only and is not error or bug free, you agree that you will use it carefully and avoid unisng it ways which might result in any loss of your or any third party’s property or information.
Your use of Save My HSC is at your sole risk. The service is provided on an “as is” and “as available” basis. In particular, you acknowledge that technical support is only provided in only available via email, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website; that the technical processing and transmission of the service, including User Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
You expressly understand and agree that Save My HSC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Save My HSC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Save My HSC is based in the state of New South Wales in Australia. We provide this Website for use only by persons located in the Australia. We make no claims that the Website or any of its content is accessible or appropriate outside of Australia. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New South Wales without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Australia or the courts of the State of New South Wales. You waive any and all objections to the exercise of jurisdiction over you other courts and to venue in such courts.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Save My HSC and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Payment Terms (the “Payment Terms”) set forth an agreement between you and Save My HSC with respect to the tutoring services, book downloads, courses and other paid services made available by Save My HSC on or through the Save My HSC Service. Save My HSC’s website is located at www.savemyhsc.com.au (the “Save My HSC Site”) or one of our respective partner sites. We refer to the Save My HSC Site and the products and services made available by Save My HSC. These Payment Terms supplement the Terms of Service governing your use of the Save My HSC Service (the “Terms of Service”), which are incorporated here by reference. Any capitalized terms used in these Payment Terms and not defined here will have the meanings set forth in the Terms of Service.
By using any of the Save My HSC Service, or by creating a user account, you signify your acceptance of these Payment Terms, as they may be amended by Save My HSC from time to time in its sole discretion. You may only use the Save My HSC Service and/or open an account if your acceptance of these Payment Terms is not prohibited by applicable law. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Payment Terms. If you do not agree to these Payment Terms, you will not be able to subscribe to the Save My HSC Service, purchase tuition or otherwise obtain other paid services made available by Save My HSC from time to time, and your only remedy is to stop using the Save My HSC Service. These Payment Terms are subject to change without prior written notice at any time, in Save My HSC’s sole discretion, and, once made available on the Save My HSC Site, such changes will apply to any existing subscription or paid services, or any new subscription, or other paid services. You should review these Payment Terms each time you subscribe for, order and/or purchase any subscription, tutoring service or other paid services offered by Save My HSC. You will be deemed to have accepted these Payment Terms, as amended, if you continue to use the Save My HSC Service after any amendments are posted on the Save My HSC Site.
To subscribe for, download or otherwise obtain paid services on or through the Save My HSC Service, you must provide certain Registration Information and obtain a Save My HSC account. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Save My HSC (or its principals, where Save My HSC is acting as a sales agent) sells its products only to those users who can legally make purchases with a credit card or other form of payment accepted by Save My HSC. If you are under 18 years of age, you may conduct transactions on or through the Save My HSC Service (such as the initiation of subscriptions or the purchase of tuition) only with the involvement of a parent or guardian. Save My HSC reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion. In the event that Save My HSC terminates your or any gift recipient’s account for good reason due to a negligent breach or other violation of the Terms of Service or these Payment Terms, products and services purchased pursuant to these Payment Terms or the Terms of Service may be forfeited without any right to receive a refund.
Payment; Renewal By subscribing to the Save My HSC Service (and one of the corresponding Save My HSC subscription tiers), you authorize Save My HSC to charge the applicable recurring subscription fees to your designated billing payment method. In some cases, when you subscribe to a free trial of the Save My HSC Service (and one of the corresponding Save My HSC subscription tiers). When you initially subscribe to the Save My HSC Service, you will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription tier. When you initially subscribe to a free trial of the Save My HSC Service, you will be not charged for the initial term of the free trial. Unless you notify Save My HSC of your decision to terminate your subscription or, in some cases, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee. You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the “Charge Date”) (e.g., on a particular date each month for a monthly subscription). If, however, the activation date of your subscription (or, in some cases, your free trial) is on the 29th, 30th or 31st day of a month, and your Charge Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Charge Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Charge Date applies to the subscription period immediately following the Charge Date (e.g., a charge for a monthly subscription applies to the month immediately following the Charge Date). Your account may be deactivated without notice to you if payment is past due, regardless of the amount, including, without limitation, if you fail to pay your mobile carrier account. If Save My HSC deactivates your account, you may lose all of your collection data, history and other account usage information. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Save My HSC Site.
Cancellation Free Trial In most cases, if you subscribe to a free trial of the Save My HSC Service, your trial will automatically expire if you do not attend your sessions. If you have not provided Save My HSC with billing information previously, you will need to do so upon completion of your trial.
To cancel an ongoing subscription, please follow the process set forth in your account settings on the Save My HSC Site. Once you have cancelled your subscription, Save My HSC will stop billing your applicable payment method until and unless you re-subscribe. All of the fees paid and charges made prior to termination are nonrefundable, and accordingly, if you pay for the Save My HSC Service pursuant to a monthly subscription, all subscription amounts previously paid (including the subscription amount for the month in which the cancellation occurs), shall be nonrefundable. Termination of your subscription shall not relieve you of any obligations to pay accrued charges. You agree that Save My HSC, in its sole discretion, with or without prior notice, may freeze or terminate your use of the subscription service for any reason, including, without limitation, if Save My HSC believes that you have violated these Payment Terms or the Terms of Service. Save My HSC may also in its sole discretion, and at any time, modify or discontinue providing the subscription service, or any part thereof, with or without notice. Additionally, you agree that Save My HSC shall not be liable to you or any third-party for any interference with, or termination of, your access to the subscription service.
Subscription Service Rates; Right to Change Subscription Service Rates
Subscription fees for each respective subscription tier are as set forth on the Save My HSC Site or on or through a given Service Application. In some territories, Save My HSC will be required to charge, and you agree to pay, applicable sales, use and other taxes in connection with your subscription to the Save My HSC Service. All subscription fees (and applicable taxes, if any) are subject to change on a prospective basis on prior notice from Save My HSC sent to your designated email address or otherwise described on the Save My HSC Site. If you do not accept the new fees (and applicable taxes, if any), you should terminate your subscription immediately.
Download and Other Service Payment Terms
Document Downloads : Document Downloads are accomplished through Save My HSC’s desktop Service Application. You are only entitled to one copy of any purchased book or document downloads. Save My HSC encourages you to only download the PDF file to the computer where you wish to keep the file. Save My HSC will not be able to send another copy to you if you download a file and are not able to locate or access the file. Additionally, once you have successfully completed any book or document downloads, Save My HSC encourages you to promptly make a back-up copy. In all cases, you bear all risk of loss for any products that you have downloaded, including any loss due to a computer or hard drive crash. Sales of books and documents are owned by Save My HSC and not to be reproduced unlawfully.
Payment: You agree to pay for all document and any other items or services that you may purchase through the Save My HSC Service. Save My HSC may, in its discretion, post charges to your designated payment method individually or may aggregate your charges with other purchases you make on or through the Save My HSC Service. You will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information by contacting email@example.com. If your payment method provider updates your billing information for you by providing revised billing information to Save My HSC for your existing account, Save My HSC will use that information to continue to bill your existing account.
Rates; Right to Change Rates : All book or document downloads and other item/service fees are as set forth on the Save My HSC Site or on or through a given Service Application. In some territories, Save My HSC will be required to charge, and you agree to pay, applicable sales, use and other taxes in connection with your purchase. All book or document downloads and other item/service fees (and applicable taxes, if any) are subject to change on a prospective basis on prior notice from Save My HSC sent to your designated email address or otherwise described on the Save My HSC Site. If you do not accept the new fees (and applicable taxes, if any), you should not continue with your book or document downloads or other item/service purchase.
Refunds; Errors : All transactions for book or document downloads or other items or services purchased through the Save My HSC Service are final and Save My HSC does not accept any returns unless otherwise stated. If you are using the Save My HSC Service in Germany or other countries within the European Union your statutory right of withdrawal remain unaffected. Technical problems might delay or prevent delivery of purchased products to you. Your sole remedy with respect to any that are not successfully delivered, as will be determined exclusively by Save My HSC’s servers, will be either replacement of the file or refund of the price paid for such content, in all cases, at Save My HSC's discretion. In addition, Save My HSC may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit with a value at least equal to the amount charged to your designated payment method. Save My HSC reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Unless you notify Save My HSC of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release Save My HSC from all liabilities and claims of loss resulting from any such error or discrepancy.
For assistance with billing questions or other order inquiries, please refer to Save My HSC’s help pages.
We welcome any comment, question and communication at firstname.lastname@example.org or at our mailing address 132 Willarong Road, Caringbah, NSW, Australia