TERMS & CONDITONS

CARS & STARS Online

Terms and Conditions of Use

Please carefully read these terms and conditions of use (the "TOU") for the Hawker Brownlow Education ("HBE") proprietary CARS & STARS Online (CSO) software. By using your login to access the system, you agree, on behalf of your organisation, to abide by these TOU. All references to "You" or "you" in these TOU refer to your organisation, which has licensed access to CARS & STARS Online from HBE. All authorised users within your organisation are expected to comply with these TOU.

Terms of Trade


Teacher and Student subscription. Please be aware that the teacher and student subscription accounts are valid for a year from the date when the account is created. Once a virtual account has been upgraded to a trial or subscription account, you will not be able to downgrade to a virtual account. If you have any questions, please email us at hbe@carsandstars.com.au

Parent and Child subscription. Please be aware that the parent subscription account’s validity is based on the number of parent subscriptions you have purchased. The child accounts are valid for a year from the date when the account is created. If you have any questions, please email us at hbe@carsandstars.com.au

Copyright and Proprietary Rights


CARS & STARS Online and the content contained therein are the sole property of HBE and is protected by Australian and International Copyright laws. All copyright, trademark, and other proprietary rights in CARS & STARS Online and in the software, text, graphics, design elements, audio, music and all other materials contained in CARS & STARS Online are reserved by HBE. You may not use CARS & STARS Online in any manner that infringes the proprietary rights of any person or entity.

Data Collection, Ownership and Security


In connection with your use of CARS & STARS Online, you will be asked to provide HBE with data about your students. You represent and warrant that you have the right to provide HBE with all of the data you input into CARS & STARS Online. As you use CARS & STARS Online, data will be generated about your students' performance and progress. Both the information you input and the data generated by your usage will be referred to in these TOU as "Customer Data". You shall own all right, title and interest in and to the Customer Data. However, you hereby grant HBE a perpetual, worldwide, royalty-free licence to use the Customer Data: (a) to host and make access to CARS & STARS Online available to you; and (b) for internal research and analytic purposes, provided, however that HBE will only use Customer Data for the purpose outlined in (b) above in an aggregated, non-personally identifiable form.

HBE takes the protection of Customer Data, particularly personally identifiable data, very seriously. HBE will not reveal names, identifiers or individual assessment results to any third parties.

Access to CARS & STARS Online


Your authorised users will need valid emails and passwords, or access codes for students to access CARS & STARS Online. You are responsible for the integrity and security of your emails, passwords and access codes. Please advise HBE immediately if any of your emails, passwords or access codes have been compromised.

HBE will use commercially reasonable efforts to make CARS & STARS Online available to you 24 hours a day, except for: (a) planned downtime, of which HBE will give you reasonable notice where possible, and which HBE shall use reasonable efforts to schedule during the hours of 5:00pm AEST to 7:00am AEST; or (b) any unavailability caused by circumstances beyond HBE's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or Internet service provider failures or delays.

Limitations on Use


You shall not, nor permit any of your authorised users to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms underlying CARS & STARS Online; (b) modify, copy, translate or create derivative works based on CARS & STARS Online or any of the content contained therein; (c) rent, lease, distribute, sell, resell, assign or otherwise transfer rights to CARS & STARS Online; (d) use CARS & STARS Online for the benefit of a third party other than students or staff within your organisation; or (e) remove any proprietary notices from CARS & STARS Online.

You may not reproduce, upload, post, transmit, download or distribute any part of CARS & STARS Online content or information, or information accessed at other sites through links made from CARS & STARS Online, other than printing out or downloading portions of the text and images for use in connection with the work of your organisation. If you leave CARS & STARS Online via a link to a third-party site, HBE is in no way responsible for that third-party site, and your use of that third-party site will be governed by that site's terms of use, not these TOU.

You must use CARS & STARS Online in compliance with all applicable laws, rules and regulations, including, without limitation, laws and regulations that govern the export of technical data outside of Australia.

Limitation of Warranties and Liability; Indemnity


EXCEPT AS SET FORTH IN THESE TOU, HBE MAKES NO WARRANTIES WITH RESPECT TO CARS & STARS ONLINE. HBE DOES NOT WARRANT THAT CARS & STARS ONLINE WILL MEET ALL YOUR REQUIREMENTS, WILL BE ACCURATE OR WILL BE ENTIRELY UNINTERRUPTED OR ERROR FREE. HBE EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HBE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF CARS & STARS ONLINE, INCLUDING WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

IN NO EVENT SHALL HBE OR EMPLOYEES, AGENTS, AFFILIATED AUTHORS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL THE LIABILITY OF HBE TO YOU EXCEED THE TOTAL AMOUNT OF LICENCE FEES PAID BY YOU TO HBE FOR ACCESS CARS & STARS ONLINE.

You shall indemnify, defend and hold harmless HBE and its licensors against any claim brought against HBE and or its licensors by a third party that arises from your use of CARS & STARS Online, provided, that HBE: (a) promptly gives you written notice of the claim; (b) gives you sole control of the defence and settlement of the claim; and (c) provides you with reasonable assistance, at your expense, with respect to the defence of such claim.

Choice of Law and Jurisdiction


These TOU shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without reference to any conflict of law principles. You hereby submit to the exclusive jurisdiction of the federal and state courts located in the Commonwealth of Australia for any disputes or claims arising out of your use of CARS & STARS Online or these TOU.