The terms and conditions which govern your use of the Hart RXR’s iPhone, Android, Windows and other applications and thehttps://hartrxr.comwebsite(collectively referred to as the Platform)any of HartRXR’s services made available on the Platforms are set out below.
The Platform is provided by Hart RXR Pty Limited (ACN 641 477 901)(we, us and our) to users of the Platform(User, you and your).
You may use and access the Platform and the services provided on the Platform as follows:
These terms and conditions govern use of the Platform by a User, School and Enterprise.
We provide the Platform to Users.
We provide augmented reality and science-based learning tools and solutions which aim to engage all the senses of a User in order to encourage curiosity, memory retention and relevant connections in respect of that User.
The Platform is provided as an educational and learning tool and therefore we do not warrant that a User will experience a benefit or result from use of the Platform.
We are not responsible for any communication, interaction or relationship between you, a School, Enterprise or any other User of the Platform, whether or not it occurs on the Platform or by another means.
We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
When you register to use the Platform you will select the period which you want us to provide you with the Platform (Initial Term).
At the end of the Initial Term this agreement will automatically renew for either monthly or annual successive periods (each a Renewal Period), unless you elect to terminate your use of the Platform. The Initial Term together with any subsequent Renewal Periods will constitute the Term.
You permit us to share any information you submit to the Platform with a School or Enterprise that provided you access to the Platform or with people in connection with the Platform. This is to enable you to and enjoy the full benefit of the Platform.
You promise us that any details you provide to us when creating a profile, or otherwise engaging through the Platform, are true, accurate and complete when you submit them.
Depending on your account type you will have access to different features on the Platform.
You are solely responsible for maintaining the security of your account and any use of the Platform that occurs in conjunction with your username and password.
You warrant that you will comply with any policies published by us on the Platform.
You must not:
If you have been provided access to the Platform by a School or Enterprise, then this section does not apply to you.
When you create a profile on the Platform you may be asked to provide your payment details to pay/receive payment for the Platform.
We may charge you a subscription fee, payable at intervals in advance, to use and access the Platform. This fee will be confirmed by us in writing before the Initial Term or Renewal Period commences.
We will engage a third-party payment facilitator to enable you to pay and for us to receive payment without us collecting your payment details.
Further information about our fees can be found here.
If you wish to cancel your subscription and use of the Platform you must do so by providing advanced written notice to your operating system vendor orto us. If you cancel your subscription part way through the Initial Term or a Renewal Period you still must pay the fees for the entire Initial Term or Renewal Period.
We reserve the right to revise the fees at any time by providing written notice to you. Any such revisions will come into effect no less than 30 days after thenotice is given
The revised fees will not apply to you until the start of a new Renewal Period. For the avoidance of doubt, your fees will remain the same during the Initial Term or during a Renewal Period which has commenced.
The Platformmay contain links to other websites. These are provided for convenience only.
We have no control over or responsibility for anything on those other websites.
Any link to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
We will, to the best of our ability, ensure the Platform is available for access at all times but are not responsible if you are not able to access the Platform as a result of: (i) us undertaking preventative or remedial maintenance, or (ii) as a result of any circumstances beyond our control(including poor internet connection, incompatibility of the device accessing the Platform, government or other restrictions imposed in certain countries or regions).
While we take all due care in providing the Platform, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the Australian Consumer Law.
We take all due care in ensuring that the Platform is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the Platform or any linked websites.
We exclude liability for any of the following incurred by you: loss of revenue, loss of earnings, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, Consequential Loss or special loss, damage or expense.
You acknowledge that some risks cannot be eliminated. You specifically assume the risk of injury or harm arising from use of the Platform.
We do not exclude or restrict our liability for any matter which it would be unlawful for us to exclude or attempt to exclude our liability.
We are not responsible for:
To the full extent permitted by the law, our liability for our breach of any guarantee, condition or warranty is limited to any fees which you have paid to use the Platform.
We accept no liability for any loss caused in whole, or in part, by your misuse of the Platform.
You indemnify us against claims, actions, proceedings, losses, damages, expenses and costs asserted in respect of or awarded against us in respect of your use of the Platform.
For the purposes of this clause Consequential Loss means loss of revenue, loss of earnings, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages.
Using the Platform will require you to provide us information about yourself and other information which is not personal information (Data).
You grant to us a perpetual, worldwide, non-exclusive, transferable license to enable us to use the Data to provide the Platform, improve the Platform functions, share the Data with third-parties and for our own records.
We may make the Data available to other companies, organizations or individuals to use on a de-identifiable basis. No compensation will be paid to you with respect to the Data that you submit on the Platform. You should only submit Data on the Platform that you are comfortable sharing with others in accordance with these terms and conditions.
You acknowledge that any intellectual property rights (including graphics, logos, design, 3dmodels, animations, sounds, videos, textual content or icons) relating to or appearing on the Platform remain the property of us and/or our licensors.
Your use of the Platform will terminate at the end of the Term.
You may terminate your use of the Platform at any time by closing your account.
We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms and conditions.
Monitoring use of the Platform
We reserve the right to monitor your use of the Platform, through cookies and other means, for the purpose of:
If you wish to make any comments about the Platform, we encourage you to provide us feedback by contacting us by email at firstname.lastname@example.org
We may change these terms at any time.You should also keep track of whether changes have been made to these terms and conditions by referring to the date of publication at the end of this page.
If you access the Platform following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to no longer access the Platform.
Any notice we send to you will be emailed to the email address that you provide to us when creating an account on the Platform.
If any provision in these terms and conditions is invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.