Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://app.houseplay.com.au website (the “Service”) operated by Houseplay (“us”, “we”, or “our”).
Access to and use of the Service is permitted only to organisations that have entered into an agreement with us (an “Organisation”). By creating an account or otherwise enabling access to the Service, the Organisation represents and warrants that it has the authority to enter into these Terms and to permit its personnel, students, and other authorised individuals (“Authorised Users”) to use the Service on its behalf.
The Organisation is responsible for:
We do not enter into a contract directly with Authorised Users (including students). Authorised Users are provided access solely under the Organisation’s account and its authority.
By accessing or using the Service on behalf of an Organisation, you confirm that the Organisation agrees to be bound by these Terms. If the Organisation does not agree to these Terms, neither it nor its Authorised Users may access or use the Service.
By accessing or using the Service, the Organisation agrees to be bound by these Terms. If the Organisation disagrees with any part of the Terms, the Organisation may not access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You (the Organisation) will be billed in advance on a once-off basis for one year (“Billing Cycle”) of access to the Service.
At the end of each Billing Cycle, your Subscription will automatically terminate. Thirty days prior to the conclusion of the current Billing Cycle an invoice will be issued for continued access to the Service for a following Billing Cycle.
Access to the Service will only be provided when payment of the current Billing Cycle has been received. Payment can be be performed by credit card or by bank transfer.
Houseplay may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
Unless the Organisation has paid for a Subscription, on the last day of the Free Trial period the Organisation’s access to subscription-only features will be terminated.
At any time and without notice, Houseplay reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Houseplay, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Except when required by law, paid Subscription fees are non-refundable.
When creating an account, the Organisation may provide organisational, pseudonymous, or de-identified information. We do not require personal or identifying details unless required for billing, payment processing, or legal compliance.
The Organisation is responsible for safeguarding the password(s) used to access the Service and for any activities or actions under its credentials, whether carried out by employees, contractors, or Authorised Users.
The Organisation agrees not to disclose its password(s) to any unauthorised third party.
The Organisation must notify us immediately upon becoming aware of any breach of security or unauthorised use.
The Service and its original content, features and functionality are and will remain the exclusive property of Houseplay and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Houseplay. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to the Organisation.
You(the Organisation) retain ownership of all content and data you create, upload, or store in the Service. We do not claim any ownership rights to your content. We will not copy, alter, distribute, perform, or display your content to other users, third parties, or affiliated organizations without your explicit consent, except as required to provide the Service to you.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Houseplay.
Houseplay has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Houseplay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend the Organisation’s account if the Organisation materially breaches these Terms or engages in conduct that, in our reasonable opinion, may cause harm to Houseplay, other users, or third parties.
Except in circumstances where immediate termination is required by law, necessary to protect the integrity or security of the Service, or to prevent harm, we will provide the Organisation with at least 14 days’ written notice to remedy the breach or otherwise address the issue before termination or suspension takes effect.
Upon termination, the Organisation’s right to use the Service will immediately cease. If the Organisation wishes to terminate its account, the Organisation may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of the Organisation’s access to and use of the Service, the Organisation agrees to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to the Organisation’s access to and use of the Service or the Organisation’s breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of the Organisation’s registration, and applies to claims arising both before and after the registration ends.
The Organisation agrees that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Houseplay its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We may revise and update these Terms at any time. We will provide at least 15 days’ notice of any changes. Your continued use of the Service after the effective date of any changes will constitute your acceptance of those changes.
If you have any questions about these Terms, please contact us.
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