TERMS & CONDITIONS

CARS & STARS Online

Terms and Conditions of Use

Please carefully read these terms and conditions of use (the "TOU") for the Hawker Brownlow Digital ("HBD") 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 HBD. All authorised users within your organisation are expected to comply with these TOU.

Terms of Trade


HBD may make certain limited portions of the Services available for free. HBD requires payment of a fee for use of additional Services (or certain portions thereof) that are not available for free on a subscription basis (“Subscription”). HBD may also provide portions of the additional Services that are made available to those who purchase Subscriptions without payment for a trial period, but your ability to access those Services will be terminated at the end of such trial period. At any time during the trial and thereafter, you may purchase a Subscription.

  1.  General. When you purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorise us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

  2.  Subscriptions. If you purchase a Subscription, you will be charged the applicable Subscription fee plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each period thereafter (such period will depend on the Subscription), at the then-current Subscription Fee.

  3.  Modifying Subscriptions. Teacher and Student Subscription. Please be aware that the teacher and student subscription accounts are valid on a 3-, 6- and 12-month basis, depending on the Subscription from the date when the account is created or renewed. Once a virtual account has been upgraded to a trial or subscription account, you will not be able to downgrade to a virtual account. 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 on a 3-, 6- and 12-month basis, depending on the Subscription from the date when the account is created or renewed. Downgrading your Subscription plan may cause the loss of features, or capacity of your Account. HBD does not accept any liability for such loss.

  4.  Cancelling Subscription. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction. we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to sales@hb-digital.com.au. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges; however, you will not receive a refund for any unused Services.

    Please note: All prices are quoted in $AUD and include GST. ABN: 15 629 535 548

    If you have any questions regarding your subscriptions, 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 HBD 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 HBD. 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 HBD with data about your students. You represent and warrant that you have the right to provide HBD 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 HBD 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 HBD will only use Customer Data for the purpose outlined in (b) above in an aggregated, non-personally identifiable form.

HBD takes the protection of Customer Data, particularly personally identifiable data, very seriously. HBD 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 HBD immediately if any of your emails, passwords or access codes have been compromised.

HBD will use commercially reasonable efforts to make CARS & STARS Online available to you 24 hours a day, except for: (a) planned downtime, of which HBD will give you reasonable notice where possible, and which HBD 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 HBD'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, HBD 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, HBD MAKES NO WARRANTIES WITH RESPECT TO CARS & STARS ONLINE. HBD DOES NOT WARRANT THAT CARS & STARS ONLINE WILL MEET ALL YOUR REQUIREMENTS, WILL BE ACCURATE OR WILL BE ENTIRELY UNINTERRUPTED OR ERROR FREE. HBD EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HBD 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 HBD 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 HBD TO YOU EXCEED THE TOTAL AMOUNT OF LICENCE FEES PAID BY YOU TO HBD FOR ACCESS CARS & STARS ONLINE.

You shall indemnify, defend and hold harmless HBD 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 HBD: (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.