In these terms, we also refer to Excel HSC Copilot Pty Ltd ABN 67 673 502 933 as “our”, “we”, or “us”. 

And you are you! Your children (or any other subscriber) will be referred to as a “Subscriber”! 

What are these terms about? 

These terms apply when you subscribe to access Excel HSC Copilot through our website, being www.excelhsccopilot.com.au and any other websites we operate with the same domain name and a different extension (Website).

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and each Subscriber uses, Excel HSC Copilot, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English. 

When we say “Excel HSC Copilot Content” in these terms, we mean the various educational content such as study guides, quizzes, past paper questions and access to our video content, e-learning modules, and associated materials. 

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you subscribe to access Excel HSC Copilot, or otherwise engage with Excel HSC Copilot or allow a Subscriber to engage with Excel HSC Copilot, please carefully read these terms. If you don’t agree to these terms, please don’t access Excel HSC Copilot or allow a Subscriber to consume any of the content available via Excel HSC Copilot. By clicking “accept” when you create an account, or otherwise proceed to engage with Excel HSC Copilot, you agree to be bound by these terms.

1. SUBSCRIBING FOR EXCEL HSC COPILOT ACCESS 

• (a) To gain access to Excel HSC Copilot, you will need to create an account (Account), choose a subscription, and pay the Subscription Fees (as defined in clause 4)
• (b) By creating an Account and paying the Fees to access Excel HSC Copilot (Subscription) you represent and warrant that: 
  • (i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and 
  • (ii) you are authorised to use the debit or credit card you provide for your Subscription.
• (c) Your Account will be valid for the time period stipulated as applying to Excel HSC Copilot or for the period of your subscription (Subscription Period).
• (d) Subscribing to access Excel HSC Copilot constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with access to Excel HSC Copilot in exchange for your payment of the Fees specified upon checkout.
• (e) These terms are not agreed between you and us until we have approved your payment of the Fees and you receive an email from us confirming that your Subscription has been accepted.
• (f) If a Subscriber is under 18, you acknowledge and agree to these terms on the Subscriber’s behalf. By acknowledging and agreeing to these terms on behalf of a Subscriber, you warrant that you are the Subscriber’s parent or legal guardian and have authority to enter into these terms and any other documents on behalf of the Subscriber.

2. EXCEL HSC COPILOT CONTENT

• (a) Once we have received payment of the Fees you will be granted access to Excel HSC Copilot Content which can be accessed via your Account.
• (b) Excel HSC Copilot Content is provided in a pre-recorded format and in an online interactive e-learning format, to be viewed online through your Account and not reproduced or republished in any way without our express written consent.
• (c) You are responsible for managing your Account and ensuring that you and each eligible Subscriber only access and engage with Excel HSC Copilot in an appropriate manner. Access to Excel HSC Copilot is for the nominated Subscriber selected upon Account creation. Subscribers are not permitted to share their Account with any other person. If you require access for additional Subscribers, further Fees will apply.
• (d) By subscribing to access Excel HSC Copilot, you acknowledge and agree that:
  
  • (i) you only interact with other Subscribers in a polite and appropriate manner; 
  • (ii) any content you upload (Posted Material) is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material and does not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered); 
  • (iii) we may update the specific material within Excel HSC Copilot available as part of your Subscription at any time (including by adding new content or removing existing content) at our discretion; and 
  • (iv) the Excel HSC Copilot content which you have access to at the commencement of the Subscription Period may become unavailable at any time without prior written notice to you.
    

3. YOUR ACCOUNT AND LICENCE

• (a) Your Account will be valid for the Subscription Period from the date of your Subscription for the core materials of Excel HSC Copilot.
• (b) You are granted a limited licence for you and the nominated Subscriber to use Excel HSC Copilot for personal, non-commercial purposes during the Subscription Period. 
• (c) You must not give access to your Account to any person other than yourself and the Subscriber who is nominated on Account creation. 
• (d) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing materials from Excel HSC Copilot to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in Excel HSC Copilot, or if you do not comply with these terms. In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees. 

4. PAYMENT

• (a) We offer a no cost trial which will allow you to access selected Excel HSC Copilot Content for a period of 7 days (Trial) as long as you comply with the Trial guidelines as set out on our Website. At any time during the Trial, you may set up a Subscription in accordance with clause 4(b). If you do not set up a Subscription, your access to Excel HSC Copilot will terminate at the end of the Trial. 
• (b) We offer different subscription periods, including quarterly, half yearly and yearly subscription plans (Subscription Period). The associated fees for the Subscription Periods (Subscription Fees) and additional Subscription details are set out on the Website. You must pay the Fees in full at the beginning of each Subscription Period.
• (c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you. 
• (d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payment of the Fees are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
• (e) (Online payment partner) We may use third-party payment providers (Payment Providers) such as to Apple Pay, Google Pay, Paypal and Stripe collect payment of the Fees for your Subscription. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your Fees.
• (f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Subscription, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of subscribing at the correct Fees or cancelling your Subscription. If you choose to cancel your Subscription and the Fees have already been debited, the full amount will be credited back to your original method of payment.

5. DISCLAIMER

• (a) While the Excel HSC Copilot Content has been prepared by experienced education publishers with every effort to help each Subscriber with learning the relevant content, the information provided in Excel HSC Copilot is general in nature and is not reviewed, endorsed or accredited by any specific education provider, school, institution, or other regulatory authority.
• (b) Excel HSC Copilot Content does not consider each Subscriber’s personal circumstances or the specific goals of each Subscriber and it is your responsibility to confirm that the content of the Excel HSC Copilot is suitable for each Subscriber. 
• (c) You acknowledge and agree that use of Excel HSC Copilot will not contribute toward any recognised qualification or program administered by any third party (such as a secondary education provider).
• (d) We make no representation or guarantee that Excel HSC Copilot will be useful or relevant to each Subscriber or that by applying any ideas, recommendations, methods or techniques in Excel HSC Copilot you will achieve any particular outcomes. 
• (e) You acknowledge and agree that any parts of past HSC examination papers incorporated into Excel HSC Copilot Content are not a reflection of what will be included in any future HSC examinations. 

6. COLLECTION NOTICE AND PRIVACY

• (a) We may collect personal information about you and each Subscriber in the course of providing you with our Excel HSC Copilot, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy, accessible here: Privacy Policy
• (b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 
• (c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy. 

7. INTELLECTUAL PROPERTY

• 7.1 OUR IP
  
  • Intellectual Property Rights in Excel HSC Copilot and our Services and any other related information or materials (Materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the Materials can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent. You or any Subscriber will not under these terms acquire Intellectual Property Rights in any of Our IP. 
• 7.2 DEFINITIONS
  • For the purposes of this clause 7:
    • (a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
    • (b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement. 

8. RATINGS AND REVIEWS

• (a) We may allow you to rate your experience (Rating) and/or provide feedback to us regarding your experience with Excel HSC Copilot (Review), on the Website.
• (b) You agree:
  • (i) to ensure that any Rating is a true and fair reflection of your opinion regarding a Product; 
  • (ii) to provide true, fair and accurate information in your Review; and 
  • (iii) that you will not submit a Review that may be deemed rude, offensive, unlawful and otherwise inappropriate.
• (c) You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review on the Website and any of our social media platforms. 
• (d) We reserve the right to remove or delete any Rating or Review, in our sole discretion, that such Rating or Review is inappropriate.

9. CHANGES TO YOUR SUBSCRIPTION

• 9.1 CANCELLATION
  • (a) Once we confirm your Subscription, your Subscription is binding and cannot be changed by you.
• 9.2 REFUND POLICY
  • (a) Due to the nature of the materials, we do not offer change of mind refunds and any refunds we issue will be solely at our discretion.
  • (b) Nothing in this clause 9 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

10. PUBLISHING GENERAL INFORMATION ONLINE OR ON SOCIAL MEDIA

• Subject to your agreement of non-disparagement of us and the Excel HSC Copilot, you may publish general information about what you have learned from Excel HSC Copilot, online or on social media (or both), provided such information is general in nature and does not cover any of the actual content or information covered in the material in the Excel HSC Copilot. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us.

11. DATA SECURITY

• While we will use our best efforts to ensure that your information, data or other electronic materials or progress reports (Data) that is being backed-up will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

12. THIRD PARTY SERVICES AND CONTENT

• 12.1 THIRD PARTY GOOD AND SERVICES
  • (a) Excel HSC Copilot may be powered by goods or services provided third parties (including third party platforms) and therefore subject to the terms and conditions of those third parties. Provided that Excel HSC Copilot has notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that you or Excel HSC Copilot acquires as part of providing the goods or services and Excel HSC Copilot will not be liable for any loss or damage suffered by you in connection with such Third Party Terms. 
  • (b) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, clause 19 will apply.
• 12.2 THIRD PARTY CONTENT
  • Excel HSC Copilot Content may contain text, images, data and other content provided by a third party and displayed in the information provided via the Excel HSC Copilot (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
• 12.3 LINKS TO OTHER WEBSITES
  • (c) Excel HSC Copilot may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
  • (d) Excel HSC Copilot may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

13. SECURITY

• We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of Excel HSC Copilot. You should take your own precautions to ensure that the process that you employ for accessing Excel HSC Copilot does not expose you to risk of viruses, malicious computer code or other forms of interference. 

14. REPORTING MISUSE

• If you become aware of misuse of Excel HSC Copilot by any person, any errors in the material in Excel HSC Copilot or any difficulty in accessing or using the Excel HSC Copilot, please contact us immediately using the contact details or form provided on our Website.

15. SERVICE LIMITATIONS

• Excel HSC Copilot is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
  • (a) Excel HSC Copilot will be free from errors or defects;
  • (b) Excel HSC Copilot will be accessible at all times;
  • (c) information you receive or supply through Excel HSC Copilot will be secure or confidential; or
  • (d) any information provided through Excel HSC Copilot is accurate or true.

16. NOTICES

• (a) A notice or other communication to a party under these terms must be:
  • (i) in writing and in English; and
  • (ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.
• (b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:
  • (i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or 
  • (ii) when replied to by the other party, whichever is earlier.

17. LIABILITY

• 17.1 LIABILITY
  • (a) To the maximum extent permitted by law and subject to clause 17.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to Excel HSC Copilot in the 3 months preceding the date of the event giving rise to the relevant liability.
  • (b) Clause 17.1(a) does not apply to your liability in respect of loss or damage sustained by Excel HSC Copilot arising from the your:
    • (i) breach of third party intellectual property rights; or
    • (ii) negligent, wilful, fraudulent or criminal act or omission.
• 17.2 CONSEQUENTIAL LOSS
  • To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Excel HSC Copilot, except:
    • (c) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
    • (d) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

18. DISPUTE RESOLUTION

• (a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
• (b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
• (c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

19. TERMINATION

• 19.1 AUTOMATIC TERMINATION
  • Your Account will terminate automatically at the end of the Subscription Period (whether you have accessed Excel HSC Copilot or not). 
• 19.2 TERMINATION FOR BREACH
  • Either party may immediately terminate these terms by written notice to the other party if: 
    • • (a) the other party is in default or breach of these terms; 
      • (b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms; 
      • (c) the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or 
      • (d) the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party. 
• 19.3 EFFECT OF TERMINATION
  • Upon termination of these terms:
    • (e) your Account will be terminated, and you will no longer have access to the Excel HSC Copilot;
    • (f) any Fees paid are non-refundable; and 
    • (g) you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in clause 7.2(a)) which is in your care, custody or control.
• 19.4 SURVIVAL
  • Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

20. GENERAL

• 20.1 GOVERNING LAW AND JURISDICTION
  • These terms is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
• 20.2 WAIVER
  • No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
• 20.3 SEVERANCE
  • Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
• 20.4 JOINT AND SEVERAL LIABILITY
  • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally. 
• 20.5 ASSIGNMENT
  
  • You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email. 
• 20.6 COSTS
  • Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms. 
• 20.7 ENTIRE AGREEMENT
  • These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms. 
• 20.8 INTERPRETATION
  
  • (a) (singular and plural) words in the singular includes the plural (and vice versa);
  • (b) (gender) words indicating a gender includes the corresponding words of any other gender; 
  • (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; 
  • (d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; 
  • (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; 
  • (f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it; 
  • (g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time; 
  • (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation; 
  • (i) (includes) the word “includes” and similar words in any form is not a word of limitation; and 
  • (j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.