Welcome to The Commercial Academy website (the “Site"). The Commercial Academy is a wholly owned subsidiary of Hexis Quadrant Pty Ltd, a company registered in Victoria, Australia. Hexis Quadrant Pty Ltd (“HQ”) provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of The Commercial Academy site services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. HQ reserves the right to change this Site and these terms and conditions at any time. Accessing, browsing, or otherwise using the Site indicates your agreement to all the terms and conditions in this Agreement, so please read this Agreement carefully before proceeding.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, HQ hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purposes of exploring and finding out more information about the products and services provided by HQ and shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted in writing by HQ in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by HQ in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by HQ in advance. HQ reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if HQ believes that customer conduct violates applicable law or is harmful to its interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Australian, United Kingdom or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
HQ may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and HQ has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify HQ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to HQ or its affiliates, or is being used by HQ under license. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to HQ or its affiliates. All software used on this Site (the "Software") is the property of HQ its affiliates or its Software suppliers.
Security and privacy
HQ takes your privacy seriously.
A cookie is a small file that is often downloaded onto your computer when you visit a website. HQ uses them on this Site because they allow HQ and/or to recognise and tailor the Site specifically for you and they also help HQ formulate and understand the impact of its advertising campaigns.
HQ web site is hosted on a secure server which makes use of SSL security. HQ uses the most up-to-date technology to ensure your experience on our site is a good one and that our site is secure. However, HQ are subject to the same vulnerabilities that all websites are and are often reliant upon 3rd party software and servers. HQ takes no responsibility for breaches of security due to 3rd party software or servers.
HQ currently processes all payments through trybooking, a secure third-party payment platform for an added layer of security.
Terms and Conditions of Sale
Please review HQ Terms and Conditions of Sale, which apply to all products and services purchased by you through this Site, to be fully aware of the agreement between HQ and you in this regard. Read our Terms and Conditions of Sale. Please note that, in the event of any inconsistency between the terms of this Agreement and the Terms and Conditions of Sale, the latter prevail to the extent of that inconsistency.
Termination & its effect
In addition to any other legal or equitable remedies that HQ may have, HQ may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and HQ shall, in addition to any other legal or equitable remedies which it may elect to pursue, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect your or HQ respective rights and obligations (including without limitation, payment obligations) arising before the date of termination.
This Site may be accessed from countries other than Australia. This Site may contain products or services, or references to products or services, that are not available outside of Australia. Any such references do not imply that such products or services will be made available outside Australia. If you access and use this Site outside either Australia, you are responsible for complying with your local laws and regulations.
Disclaimer and limitation of liability
Except as otherwise set forth on this Site (including without limitation the descriptions of specific products and services), this Site, the products and services offered for sale on it and the transactions conducted through it are provided by HQ on an "as is" basis. HQ makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the fullest extent permissible by applicable law, HQ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and system integration. This Site may include inaccuracies, mistakes, or typographical errors. HQ does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, HQ will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to indirect, incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, HQ total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to HQ during the month immediately preceding the act allegedly giving rise to HQ liability.
In the event a product or service is listed at an incorrect price or with incorrect information due to a typographical error, or error in pricing or information received from our suppliers, affiliates or partners, HQ shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. HQ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HQ shall immediately issue a credit to your credit card account in the amount of the charge.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that HQ is not responsible for the operation of, or content located on or through any such site.
This Site is created and controlled by HQ in Australia. As such, the laws of Victoria, Australia will govern this Agreement, without giving effect to any principles of conflicts of laws.
You and HQ submit to the exclusive jurisdiction of the Australian Courts for and in relation to any disputes arising in connection with this Agreement.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, the relevant provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Hexis Quadrant Pty Ltd (Australia)
PO Box, 354, Kew East, Victoria, Australia, 3102