Terms & Conditions

1.General

(a)These terms and conditions (Terms) govern your use of www.hscsprint.com.au and all other software platforms and offerings provided, owned and operated and/or issued for sale (the Platform) and your purchase of tickets in order to attend our events as set out in clause 4 (Tickets) from Kincardin Pty Ltd (ACN 159 716 453) (us/we).

(b)By using the Platform and/or purchasing the Tickets you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the Platform or purchase the Tickets. The Terms constitute the entirety of the terms and conditions of use with respect to the Platform and the purchase of the Tickets unless otherwise expressly allowed for in writing by us.

(c)We reserve the right to vary any of the Terms, or any other policy or guideline regarding the Platform or the Tickets, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Platform. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the Platform and the Tickets periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the Platform and/or the purchase by you of the Tickets constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the Platform or purchase the Tickets.

2.You

By using the Platform and/or purchasing the Tickets, you, at all times:

(a)warrant that your use of the Platform and/or your purchase of the Tickets do not violate any applicable laws;

(b)confirm that you have elected to use the Platform and/or purchase the Tickets of your own free will;

(c)confirm that you are eligible to purchase the Tickets and have not previously been suspended or removed from the Platform. In order to be eligible, you must be enrolled to sit the higher school certificate (the HSC) within five (5) years of date that you purchased the Ticket;

(d)acknowledge that your use of the Platforms may result in data usage charges and/or call charges from your mobile or internet provider;

(e)acknowledge that your use of the Platform and/or purchase of the Tickets may provide access to, and interaction with, third parties and their content, messages, images, or other materials;

(f)nteractions with you, which arise from your purchase of the Tickets or otherwise associated with the Ticket;

(g)will always use the Platform, in a respectful, inoffensive and courteous manner;

(h)agree and acknowledge that the Tickets are not transferrable to any other person or entity, and you agree to indemnify us in this regard;

(i)agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the Platform, including the purchase of the Tickets and/or the registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”; and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;

(j)agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application;

(k)acknowledge that immediately after you have purchased the Ticket, we may issue you with request for information to the e-mail address that you provided to purchase the Ticket, so that we may to obtain information from you with respect the HSC and your studies;

(l)use the Platform, and/or purchase the Tickets at your own risk;

(m)warrant that you are purchasing the Tickets for your own use;

(n)cknowledge and agree that, in order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect us and our customers, or to ensure the integrity and operation of our business, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and that our right to disclose any such information shall govern over any terms of our Privacy Policy and

(o)agree and acknowledge that the Platform may include Product information details such as the time, place and date of the events for which you have purchased your Tickets. You agree and acknowledge that we may, in our absolute discretion, change the time, place and/or date to which your Ticket applies. We may use our reasonable endeavours to guarantee the time, place and date of the events;

(p)acknowledge that the Platform may issue you with content and/or links to other websites. You agree and acknowledge that we are not responsible for any other content provided by third parties.

3.Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose Personal Information (as defined in the Privacy Act 1988 (Cth)) from our users.

4.Tickets

You agree and acknowledge that:

(a)by purchasing a Ticket, you are given access to our HSC focused educational seminars, lectures and/or class events run and hosted by us, as described on the Platform from time to time (the Study Event);

(b)in purchasing the Tickets you have not relied upon any representations or statements that we have made;

(c)it is your responsibility to ensure that the Ticket is kept safe, is not defaced, and you release us from any liability in this regard; and

(d)you must not re-sell your Ticket for any value to any other person, and in the event that we reasonably suspect that you have re-sold your Ticket, we may cancel your access to the Study Event.

5.Study Event

You agree and acknowledge that:

(a)the Study Event gives you access to the various third party educational teachers and/or tutors that we employ with respect to the Study Event (the Teachers);

(b)you agree and acknowledge that we may give the Teachers the information you have provided as set out in clause 2(i), for the purposes of the Study Event;

(c)you agree and acknowledge that, without further notice to you, we may request that you participate in media promotions and/or advertising promotions, such as being filmed and/or providing testimonials, for us at your attendance of the Study Event, and in this regard, you agree and consent to our use of any information that you provide us and you agree to release us from any liability that may arise from such use;

(d)you have relied upon your own enquiries with respect to the Study Event, including but not limited to the modules and teachings made available at the Study Event, and/or the compatibility of the Study Event with your HSC studies and/or the relevant HSC syllabus, and you agree to release us from any liability in this regard;

(i)we make no guarantees that you will receive your desired HSC result by purchasing the Tickets and/or having access to the Teachers and/or attending the Study Event, and you agree to release us from any liability in this regard; and

(f)we will use our best endeavours to ensure that the Teachers have the relevant expertise to conduct the Study Event and/or provide you with assistance for your HSC studies, and you agree to release us from all liability in this regard.

6.Teachers

You agree and acknowledge that in the event that you engage, interact or deal with any Teachers in any way outside of the scope of a Study Event, you agree and acknowledge that you and/or the Teachers are doing so entirely independent of us, and you release us from all liability in this regard.

7.Conditions of Entry

You agree and acknowledge that:

(a)we reserve the right to refuse to grant you access to the Study Event;

(b)you must have proof of purchase of your Ticket in order to attend the Study Event;

(c)we reserve the right to change the physical location of the Study Event, in our absolute discretion, and in the event that the location of the Study Event is changed by us, we will issue you with a notice as set out in clause 26. We take no responsibility for, and cannot be held liable for any change in the location of the Study Event and/or your inability to attend the Study Event;

(d)it is your responsibility to attend the Study Event on time, and in the event that you are unreasonably late or cause disruption to other people who attend the Study Event, we will refuse you access to the Study Event;

(e)we do not accept any responsibility for any loss, injury and/or damage that may occur to you and/or your personal items, including but not limited to your laptop, mobiles, computers, software, bags, books and wallets. You agree to release us from all liability in this regard, and you agree to be held liable for yourself and your personal items; and

(f)you agree to indemnify us and release us from all liability that occurs from any loss, injury and/or damage caused or contributed to you, during your attendance of the Study Event;

(g)during your attendance of the Study Event, we reserve the right to request that you leave the Study Event, and in this case, your Ticket will be void.

8.Sale and Purchase

(a)Using the Platform in accordance with these Terms will allow you to purchase the Tickets.

(b)In order to purchase any Tickets, you agree to pay us the prices that we have allocated to those Tickets, by following the prompts of the Platform. All prices on the Platform are in the relevant jurisdiction’s currency and, unless otherwise stated, include GST. We reserve the right to vary the prices displayed of the Tickets at any time, in our absolute discretion, without notice to you. Any such changes to the prices of the Tickets will be visible and displayed on the Platform.

(c)When making the payments for the Tickets using the Platform, we use a third party provider, Eventbrite, or otherwise as noted, from time to time on the Platform, to ensure that your information is kept safe and secure. We may from time to time change the third party provider, in our absolute discretion, and without notice to you.

(d)The information on the Platform constitutes an invitation to treat, and your offer to purchase any Tickets will not be accepted by us until your payment for the Tickets has been successfully processed through Eventbrite, we have received your payment in cleared funds, and you have received a receipt from Eventbrite that includes the transaction number, and confirmation from us, which will confirm the Tickets that you have nominated to purchase (your Order).

9.Delivery

(a)You acknowledge that we deliver the Ticket to you, solely by using Eventbrite’s facilities, or otherwise in our absolute discretion. You release us from any liability arising out of our, or Eventbrite’s failure to deliver the Ticket to you.

(b)The Tickets will be delivered to the email address that you provided when processing your payment of the Ticket, and you agree that ownership of, and risk relating to, the Tickets passes from Eventbrite to you as soon as the Tickets are delivered to your email address. You must ensure that the email address that you have provided is correct. You release us from any liability arising out of any failure by Eventbrite and/or us to deliver the Ticket to your email address, as a result of your incorrect insertion of an email address.

(c)In the event that you do not receive your Order within twenty-four (24) hours of your payment, you must promptly notify us via email, help@hscsprint.com.au. You are obliged to include your mobile number, the value of the Ticket, the transaction number from your payment receipt, a confirmation email from us, the transaction date and the Order number in your email to us. Upon our receipt of your email with these details included, we will investigate the matter, and clause 10 may apply. Any failure by you to notify us of your missing Order within a reasonable time, releases us from all liability regarding your Order. Any failure by you to provide your correct details in the Order, releases us from all liability regarding your Order.

10.Cancellation, Returns And Refunds

(a)We reserve the right to cancel your Order at any time prior to ownership of the Tickets passing to you, in which event, we will provide with a credit note in the amount of those Tickets within a reasonable time.

(b)Notwithstanding the remainder of these Terms, you may not return Tickets if:

(i)you change your mind; or

(ii)the Tickets are not suitable for return.

(c)We may only consider granting a refund to you in the event that you have provided us with extensive details and evidence with respect to why you require a refund, which you may send to help@hscsprint.com.au;

(d)In the event that we are entitled to a cancel a Ticket, due to some fault or mistake in relation to the Ticket as listed on the Platform:

(i)we will contact you within one (1) day of the mistake or fault. We can contact you via the email address that you have provided when you purchased the Ticket; and

(ii)we will provide you with a credit note to the value of the Ticket.

11.Tickets Acknowledgment

You agree and acknowledge that:

(a)the Tickets have not been sold to you by way of sample;

(b)it is your responsibility to ensure that you attend the Study Event after purchasing the Tickets; and

(c)you have not made any representations to us regarding the purpose for which you intend to use the Tickets.

12.Your Content

Your use of the Platform and/or any other digital platforms associated with the Platform or us, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, the Social Media and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:

(a)grant us and our Related Entities (as defined in the Corporations Act 2001 (Cth)) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;

(b)acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;

(c)acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;

(d)grant us and our Related Entities (as defined above) and sublicensees the right to use the name that you submit in connection with Your Content, if we so elect in our absolute discretion;

(e)represent and warrant that:

(i)you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the Website;

(ii)Your Content is accurate and not misleading; and

(iii)your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity,

(f)grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;

(g)you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;

(h)you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights;

(i)agree that we may use Your Content, in whole or in part, for our own commercial purposes;

(j)acknowledge that certain third parties may access encrypted and anonymous information associated with you, as a consequence of your use of the Platform, for the purposes of advertising and/or usage analytics, including but not limited to your mobile browsing data, mobile application data, non-precise location information and other non-precise information; and

(k)acknowledge that the third party may allow you to opt out of providing the information referred to in 11(j), subject to the third party’s own terms and conditions, and you release us from any liability regarding the third party’s use and access to the information referred to in 11(j).

13.Restrictions

When accessing or using the Platform, you must not, at any time:

(a)use the Platform for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;

(b)use the Platform in any way that could damage our reputation or the goodwill or other rights associated with the Platform or Our Content (as defined below);

(c)use or attempt to use another user’s account in any circumstances;

(d)harass, abuse, intimidate, bully, or otherwise offend any other user of the Platform;

(e)violate any legislative, common law or equitable rights of any third parties;

(f)end any of Your Content which:

(i)contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;

(ii)impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;

(iii)encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;

(iv)is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(v)contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;

(vi)contains viruses, corrupted data or other harmful, disruptive or destructive files; or

(vii)in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our Related Entities or its users to any harm or liability of any type.

14.Us

You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:

(a)modify, discontinue, temporarily or permanently, your access to the Platform in whole or in part;

(b)assign our interests outlined in these Terms;

(c)run advertisements and promotions on the Platform, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and/or

(d)freeze or terminate your access to the Platform without prior notice to you.

15.Our Content

(a)Except as otherwise expressly indicated by us in writing, the Platform and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Platform, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The Platform and all of Our Content is copyrighted - (c) 2017 Kincardin Pty Ltd All Rights Reserved.

(b)We own all intellectual property rights in relation to the Platform and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, Tickets, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

16.Limited Licence

We hereby grant you a non-exclusive, limited, non-sublicenseable licence to access the Platform and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:

(a)use Our Content other than for its intended purpose;

(b)distribute or display Our Content without our prior permission;

(c)modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;

(d)use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;

(e)use Our Content for any commercial use; or

(f)copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Website, including all page headers, custom graphics, button icons and scripts.

(g)To request permission for uses of Content not included in the foregoing licence, you must contact us by email to:

Website and/or the Website Administrator

HSC Sprint

help@hscsprint.com.au

17.Copyright Complaint Policy

(a)Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address help@hscsprint.com.au.

(b)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.

18.Repeat Infringer Policy

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

19.Termination

You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.

20.Warranty Disclaimer

(a)Except as expressly provided to the contrary in writing by us, or the Platform, the materials contained therein, the Tickets and the Study Event are provided on an "as is" basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Study Event, information, content and materials on the Platform. We do not represent or warrant that materials in the Platform are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Platform and/or the Tickets and/or the Study Event, or any portion thereof.

(b)We are not responsible for typographical errors or omissions relating to the Tickets, availability, pricing, text or imagery. In the event that any information displayed on the Platform that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing or other information, you agree that we may terminate any agreement arising from any acceptance of an offer made in this regard, despite the fact that you have received a confirmation email. In this event, our refund policy listed in clause 10 applies.

(c)We are not responsible for any information given by the Teachers to you at the Study Event or otherwise. Whilst we will use our best endeavours to employ Teachers who have the requisite knowledge and experience and expertise for the relevant Study Event, we do not guarantee that the Teachers will assist you in reaching your desired HSC result upon attending the Study Event. We have ensured that the Teachers have undertaken the relevant Working with Children Checks. You agree that we are not responsible for the actions of the Teachers, and you release us from any such liability.

(d)While we attempt to make your access to and use of the Platform safe, we cannot and do not represent or warrant that the Platform or its server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industry-recognised Platform to detect and disinfect viruses from any download or use of the Platform.

(e)We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by any third parties including but not limited to Eventbrite and the Teachers. We are not responsible for any entity that claims to be authorised on our behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.

21.Education Information Disclaimer

All of Our Content and the Tickets that we sell, including but not limited to the information given to you during a Study Event, is provided in summary form. Before relying upon this information or purchasing any Ticket, you must first consider whether the Study Event is suitable for you. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation in these Terms.

22.Limitation Of Liability

(a)We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Platform, the Tickets and the Study Event, except for the Statutory Rights.

(b)You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Tickets, your use of the Platform, your attendance of the Study Event, Our Content or the materials contained in or accessible through the Platform, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Platform and/or the Platform content, or allegations that we have 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 Platform. You use the Platform at your own risk and purchase the Tickets at your own risk.

(c)Without limitation of the foregoing, neither us nor our Related Entities 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 or 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 purchase of Tickets, the attendance of the Study Event, the use of the Platform, the content or the materials contained in or accessible through the Platform, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the Platform, 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 our records or programs.

(d)In no event shall the aggregate liability of us, 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 Platform exceed any amount that you pay to us, if any, for the purchase of the applicable Ticket.

(e)We take no responsibility and assume no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements, representations or content provided by our users in any public forum, personal home page or other interactive area.

(f)We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or compute device, that may result from your use of our Platform.

(g)We take no responsibility and assume no liability for any of the changes that Eventbrite may make to the Tickets.

23.Indemnity

You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.

24.Applicable Law And Venue

The Platform (excluding third party Platforms) is hosted in Sydney, Australia. While we have made no effort to publish the Platform elsewhere, the Platform is accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Platform 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 may have against us arising from or relating the Website 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 Platform from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.

25.Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

26.Notices

You agree that we have the right to send you certain information in connection with the Platform and/or the Tickets. We may send you this and any other information in sms to the mobile number you provided when purchasing the Tickets, or we may send you an e-mail to the address you provided when purchasing your Tickets, or we may send you notification alerts that arise on your smartphone or tablet device (Push Notifications) to your mobile. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Platform. Notices provided to you via sms, e-mail and/or Push Notifications will be deemed given and received on the transmission date of the sms, e-mail and the Push Notification. As long as you access and use the Platform, you agree that you will have, or have access to, the necessary Platform and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Platform.

27.Waiver

ou agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.

28.Questions And Comments

If you have any questions regarding these Terms, the purchase of the Tickets or your use of the Platform, please submit them to us, using the email address, help@hscsprint.com.au.