This agreement applies as between you, the User of this
Website and Homeward Bound Projects Ltd, the owner(s) of this Website.
Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25
of these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do
not agree to be bound by these Terms and Conditions, you should stop using the
Website immediately.
No part of this Website is intended to constitute a
contractual offer capable of acceptance. Your order constitutes a contractual
offer and Our acceptance of that offer is deemed to occur upon Our sending a
confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the
following meanings:
"Account": means collectively the personal
information, Payment Information and credentials used by Users to access Paid
Content and / or any communications System on the Website;
"Content": means any text, graphics, images,
audio, video, software, data compilations and any other form of information
capable of being stored in a computer that appears on or forms part of this
Website;
"Facilities": means collectively any online
facilities, tools, services or information that Homeward Bound Projects Ltd
makes available through the Website either now or in the future;
"Services": means the services available to you
through this Website, specifically use of the Homeward Bound Projects Ltd
proprietary e-learning platform;
"Payment Information": means any details required
for the purchase of Services from this Website. This includes, but is not
limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business
located at 64 Brougham St, Eltham,
Victoria 3095, Australia;
"System": means any online communications
infrastructure that Homeward Bound Projects Ltd makes available through
the Website either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party
that accesses the Website and is not employed by Homeward Bound Projects Ltd
Ltd and acting in the course of their employment;
"Website": means the website that you are
currently using (homewardbound.learnworlds.com) and any sub-domains of
this site (e.g. subdomain.yourschool.com) unless expressly excluded by their
own terms and conditions; and
"We/Us/Our": means Homeward Bound Projects Ltd,
a company incorporated in Australia with Company registration Number 22 603 881
616, located at 64 Brougham St, Eltham, Victoria 3095, Australia.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
4.1 Subject to the exceptions in Clause 5 of these Terms and
Conditions, all Content included on the Website, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of Homeward Bound Projects Ltd, our affiliates
or other relevant third parties. By continuing to use the Website you
acknowledge that such material is protected by applicable Australia and
International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use material from the Website
unless otherwise indicated on the Website or unless given Our express written
permission to do so.
5.1 Unless otherwise expressly indicated, all Intellectual
Property rights including, but not limited to, Copyright and Trademarks, in
product images and descriptions belong to the manufacturers or distributors of
such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless otherwise
indicated on the Website or unless given express written permission to do so by
the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control of Homeward Bound
Projects Ltd or that of Our affiliates.
We assume no responsibility for the
content of such websites and disclaim liability for any and all forms of loss
or damage arising out of the use of them.
The inclusion of a link to another
site on this Website does not imply any endorsement of the sites themselves or
of those in control of them.
Those wishing to place a link to this Website on other
sites may do so only to the home page of the site homewardbound.learnworlds.com
without Our prior permission. Deep linking (i.e. links to specific pages within
the site) requires Our express written permission.
To find out more please
contact Us by email at program@homewardboundprojects.com.au or call us
in the following number: (03) 7020 2119.
9.1 When using any System on the Website you should do so in
accordance with the following rules. Failure to comply with these rules may
result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is abusive,
threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or
incite violence;
9.1.4 It is advised that submissions are made using the English
language as We may be unable to respond to enquiries submitted in any other
languages;
9.1.5 The means by which you identify yourself must not violate
these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly
employees and representatives of Homeward Bound Projects Ltd or Our
affiliates; and
9.1.7 You must not use Our System for unauthorised
mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that Homeward Bound Projects Ltd
reserves the right to monitor any and all communications made to Us or using
Our System.
9.3 You acknowledge that Homeward Bound Projects Ltd
may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us
through Our System may be modified by Us in any way and you hereby waive your
moral right to be identified as the author of such information. Any
restrictions you may wish to place upon Our use of such information must be
communicated to Us in advance and We reserve the right to reject such terms and
associated information.
10.1 In order to procure Services on this Website and to use
certain other parts of the System, you are required to create an Account which
will contain certain personal details and Payment Information which may vary
based upon your use of the Website as We may not require payment information
until you wish to make a purchase. By continuing to use this Website you
represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where
permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and
warranty.
10.2 It is recommended that you do not share your Account
details, particularly your username and password. We accept no liability for
any losses or damages incurred as a result of your Account details being shared
by you. If you use a shared computer, it is recommended that you do not save
your Account details in your internet browser.
10.3 If you have reason to believe that your Account details
have been obtained by another person without consent, you should contact Us
immediately to suspend your Account and cancel any unauthorised orders or
payments that may be pending. Please be aware that orders or payments can only
be cancelled up until provision of Services has commenced. In the event that an
unauthorised provision commences prior to your notifying Us of the unauthorised
nature of the order or payment then you shall be charged for the period from
the commencement of the provision of services until the date you notified us
and may be charged for a billing cycle of one month.
10.4 When choosing your username you are required to adhere to
the terms set out above in Clause 9. Any failure to do so could result in the
suspension and/or deletion of your Account.
11.1 Either Homeward Bound Projects Ltd or you may
terminate your Account. If We terminate your Account, you will be notified by
email and an explanation for the termination will be provided. We may terminate your Account if you fail to
meet your obligations in accordance to the Program Terms & Conditions and
the Code of Conduct (https://homewardboundprojects.com.au/code-of-conduct/)
11.2 If We terminate your Account, any current or pending
orders or payments on your Account will be cancelled and provision of Services
will not commence.
Whilst
every effort has been made to ensure that all general descriptions of Services
available from Homeward Bound Projects Ltd correspond to the actual
Services that will be provided to you, We are not responsible for any
variations from these descriptions as the exact nature of the Services may vary
depending on your individual requirements and circumstances. This does not exclude
Our liability for mistakes due to negligence on Our part and refers only to
variations of the correct Services, not different Services altogether. Please
refer to sub-Clause 13.7 for incorrect Services.
13.1 No part of this Website constitutes a
contractual offer capable of acceptance. Your order constitutes a contractual
offer that We may, at Our sole discretion, accept. Our acceptance is indicated
by Us sending to you the contract with our terns and conditions for the program.
Only once the contract has been signed and returned to us will there be a
binding contract between Homeward Bound Projects Ltd and you.
13.2 Confirmation of your participation under
sub-Clause 13.1 will be sent to you before the Services begin and shall contain
the following information:
13.2.1 Confirmation of the Services ordered
including full details of the main characteristics of those Services;
13.2.2 Fully itemised pricing for the Services
including, where appropriate, taxes, delivery and other additional charges;
13.2.3 Relevant times and dates for the provision of
the Services;
13.2.4 User credentials and relevant information for
accessing those services.
13.5 Homeward Bound Projects Ltd shall use
all Our reasonable endeavours to provide the Services with reasonable skill and
care, commensurate with best trade practice.
13.7 In the event that Services are provided that
are not in conformity with your order and thus incorrect, you should contact Us
immediately to inform Us of the mistake. We will ensure that any necessary
corrections are made within five (5) working days.
Additional
terms and conditions may apply to the provision of certain Services. You will
be asked to read and confirm your acceptance of any such terms and conditions
when completing your Order.
13.8 Homeward Bound Projects Ltd provides
technical support via our online support forum and/or phone. Homeward Bound
Projects Ltd makes every effort possible to respond in a timely manner but
we do not guarantee a particular response time.
We want you to be completely satisfied with the program
delivered by Homeward Bound Projects Ltd. If you need to speak to us about the
program, then please contact the Program team at +61 3 7020 2119, or by email
at program@homewardboundprojects.com.au. Except as set out in your Offer or the
Program Terms and Conditions, monies paid in respect of the Program are
non-refundable. If you wish to withdraw from the Program, please notify
Homeward Bound as soon as possible. A withdrawal from the Program will
not take effect until Homeward Bound has received and accepted written notice
from you.
14.2.1 If the Services are fully performed within the 14 calendar
day cooling off period, you will lose your right to cancel after the Services
are complete.
14.2.2 If you cancel the Services after provision has begun but
is not yet complete you will still be required to pay for the Services supplied
up until the point at which you inform Us that you wish to cancel. The amount
due shall be calculated in proportion to the full price of the Services and the
actual Services already provided. Any sums that have already been paid for the
Services shall be refunded subject to deductions calculated in accordance with
the foregoing. Refunds, where applicable, will be issued within 5 working days
and in any event no later than 14 calendar days after you inform Us that you
wish to cancel.
14.3 Cancellation of Services after the 14 calendar day cooling
off period has elapsed shall be subject to the specific terms governing those
Services and may be subject to a minimum contract duration.
Use of the Website is also governed by Our Privacy Policy (homewardbound.learnworlds.com/privacy)
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
16.1 All personal information that We may collect (including,
but not limited to, your name and address) will be collected, used and held in
accordance with the provisions of the Data Protection Act 1998 and your rights
under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us.
You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to
purchase Services on credit), and with your consent, We may pass your personal
information on to credit reference agencies. These agencies are also bound by
the Data Protection Act 1998 and should use and hold your personal information
accordingly.
16.4 We will not pass on your personal information to any other
third parties without first obtaining your express permission.
17.1 We make no warranty or representation that the Website
will meet your requirements, that it will be of satisfactory quality, that it
will be fit for a particular purpose, that it will not infringe the rights of
third parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no guarantee
of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice
and the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a
contractual offer capable of acceptance.
17.4 Whilst We use reasonable endeavours to ensure that the
Website is secure and free of errors, viruses and other malware, you are
strongly advised to take responsibility for your own internet security, that of
your personal details and your computers.We make no warranty or representation that the Website
will meet your requirements, that it will be of satisfactory quality, that it
will be fit for a particular purpose, that it will not infringe the rights of
third parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no guarantee
of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice
and the Content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a
contractual offer capable of acceptance.
17.4 Whilst We use reasonable endeavours to ensure that the
Website is secure and free of errors, viruses and other malware, you are
strongly advised to take responsibility for your own internet security, that of
your personal details and your computers.
We reserve the right to change the Website, its Content or
these Terms and Conditions at any time. You will be bound by any changes to the
Terms and Conditions from the first time you use the Website following the
changes. If We are required to make any changes to these Terms and Conditions
by law, these changes will apply automatically to any orders currently pending
in addition to any orders placed by you in the future.
19.1 The Website is provided “as is” and on an “as available”
basis. Homeward Bound Projects Ltd uses industry best practices to
provide a high uptime, including a fault-tolerant architecture hosted in cloud
servers. We give no warranty that the Website or Facilities will be free of
defects and / or faults and we do not provide any kind of refund for outages.
We provide no warranties (express or implied) of fitness for a particular
purpose, accuracy of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or
non-availability of the Website resulting from external causes including, but
not limited to, ISP equipment failure, host equipment failure, communications
network failure, power failure, natural events, acts of war or legal
restrictions and censorship.
20.1 To the maximum extent permitted by law, We accept no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising
from the use of the Website or any information contained therein. You should be
aware that you use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts
.
20.3 Nothing in these Terms and Conditions excludes or
restricts Homeward Bound Projects Ltd's liability for any direct or
indirect loss or damage arising out of the incorrect provision of Services or
out of reliance on incorrect information included on the Website.
20.4 In the event that any of these terms are found to be
unlawful, invalid or otherwise unenforceable, that term is to be deemed severed
from these Terms and Conditions and shall not affect the validity and
enforceability of the remaining Terms and Conditions. This term shall apply
only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The agreement created by these Terms and
Conditions is between you and Homeward Bound Projects Ltd.
24.1 All notices / communications shall be given to Us by email
to program@homewardboundprojects.com.au. Such notice will be deemed
received the day of sending if the email is received in full on a business day
and on the next business day if the email is sent on a weekend or public
holiday.
24.2 We may from time to time, if you opt to receive it, send
you information about Our products and/or services. If you do not wish to
receive such information, please click on the ‘Unsubscribe’ link in any email
which you receive from Us.
These Terms and Conditions and the relationship between you
and Homeward Bound Projects Ltd shall be governed by and construed in
accordance with the Law of England and Wales and Homeward Bound Projects Ltd
and you agree to submit to the exclusive jurisdiction of Australia.