Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 

Updated: 3 October 2018

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.studyhacks.com.au’s relationship with you in relation to your use of this website.


By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.studyhacks.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.studyhacks.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.studyhacks.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.studyhacks.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.


DELIVERY OF GOODS

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

www.studyhacks.com.au processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. Due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.  If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of www.studyhacks.com.au.

LINKS TO OTHER WEBSITES

www.studyhacks.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.studyhacks.com.au and the owners of those websites. www.studyhacks.com.au takes no responsibility for any of the content found on the linked websites.

www.studyhacks.com.au’s website may contain information or advertisements provided by third parties for which www.studyhacks.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.studyhacks.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.studyhacks.com.au gives no warranty that the digital documents or goods will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.studyhacks.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.studyhacks.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.studyhacks.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

www.studyhacks.com.au may be required, in certain circumstances, to disclose information in good faith and where www.studyhacks.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them either for free or a fee to users, whether they be business users or domestic users, then you are a competitor of www.studyhacks.com.au.  www.studyhacks.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.studyhacks.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.studyhacks.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download on this website.

www.studyhacks.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to
a local hard disk extracts for your personal use only.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or
other form of electronic retrieval system.

 

For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

 

INTELLECTUAL PROPERTY

 

The products, whether modified or not and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

 

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.studyhacks.com.au concerning your use and access to www.studyhacks.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except wh
ere it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any
term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

 

 

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and www.studyhacks.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.

Downloadable Digital Products Terms and Conditions of Sale

 

INTRODUCTION

 

These terms and conditions set out the terms and conditions between you, the customer, and Study Hacks (“us”, “we”), governing the use of our website and our downloadable digital files including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.

 

LICENCE AND USE

 

Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

 

INTELLECTUAL PROPERTY

 

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

 

REFUNDS AND CHARGEBACKS

 

www.studyhacks.com.au processes refunds in accordance with the Australian Consumer Protection legislation.

 

Should you wish to receive a refund for your order, please notify us within 7 days of purchase with a valid reason for the refund. Due to the electronic nature of our products, any refunds shall be at our sole and absolute discretion.  If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the products purchased. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of www.studyhacks.com.au.

 

You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

 

WARRANTIES AND LIABILITY

 

We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

 

GENERAL

 

These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.

 

CONTACTING US

 

Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital Products Terms and Conditions of Sale Policy via our Contact Us page.

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