Terms of Use

This agreement applies between you, the User of this Website, and HEX, 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 HEX 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 HEX 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 4 Brunswick Place, Fitzroy Victoria 3065, Australia;

"System": means any online communications infrastructure that HEX 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 The Hacker Exchange Pty Ltd

"Website": means the website that you are currently using (www.startwithhex.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 THE HACKER EXCHANGE PTY LTD ABN 12 610 487 995 (HEX) a company incorporated in Australia, located at 333 Drummond St, Carlton, Victoria 3053, Australia.

2. Age Restrictions

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.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms of Use, 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 HEX, our affiliates, or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.

4.2 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 with Our express written permission to do so.

5. Third Party Intellectual Property

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.

6. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of HEX 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.

7. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the homepage of the site www.startwithhex.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 help@startwithhex.com.

8. Financial Support by 3rd Parties

If you have been financially supported by a sponsorship body (eg by a university, a foundation, or any other organisation), HEX does not have responsibility or influence on the terms and conditions of those sponsorship body.

9. Use of Communications Facilities

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 HEX 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 HEX reserves the right to monitor any and all communications made to Us or using Our System.

9.3 You acknowledge that HEX 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. Accounts

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. Termination and Cancellation of Accounts

11.1 Either HEX 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. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

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.

12. Services, Pricing and Availability

12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from HEX 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 13.8 for incorrect Services.

12.2 Where appropriate, you may be required to select the required Plan of Services.

12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of 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 an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between HEX and you.

13.2 Order confirmations 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 ordered 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.

13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.

13.6 HEX 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 HEX provides technical support via our online support forum and/or email. HEX makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from HEX. If you need to speak to us about your Order, then please contact customer care by email at help@startwithhex.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

14.1
If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between HEX and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: help@startwithhex.com . Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.

14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

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 is entirely at the discretion of HEX.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (www.startwithhex.com/other/terms-of-use) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

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.

16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

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.

18. Changes to the Facilities and these Terms and Conditions

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. Availability of the Website

19.1 The Website is provided “as is” and on an “as available” basis. HEX 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. Limitation of Liability

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 HEX'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.

21. No Waiver

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.

22. Previous Terms and Conditions

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.

23. Third Party Rights

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 HEX.

24. Communications

24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to hello@startwithhex.com. Such notice will be deemed received 3 days after posting if sent by first class post, 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 produ

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and HEX shall be governed by and construed in accordance with the State of Victoria, Australia and you agree to submit to the exclusive jurisdiction of same.

HEX Ed PRO T&Cs

Thank you for your interest in HEX Ed PRO (“Program”). You are applying to join or have joined the HEX community - the next generation of global entrepreneurs and future leaders. Now for the pedantic but important stuff.

General

You are joining the “Program” with the intention to develop yourself professionally and personally. You commit to participate in the full agenda (with the exception of illness or prior arrangement), and commit to the professional behaviour standards expected of early-stage startup founders and student leaders. The information and views presented in the Program are not necessarily those of HEX, and you should exercise your own judgement in relying on and applying this information.

HEX reserves the right in its sole discretion to accept or decline to accept any applicant or guest into a HEX program after conducting an evaluation.

HEX reserves the right in its sole discretion to remove anyone from an HEX Program, the HEX learning platform, HEX community platform, any part thereof (including virtual spaces, in-person events, and accommodations) at any time, and for any reason, including, but not limited to, lack of payment or other violation of these Terms and Conditions or if we deem it necessary for the comfort, convenience, or safety of others. If we remove you from the HEX learning platform, a HEX Program in progress, the HEX community platform or an event, activity, workspace, or accommodations, you will not be entitled to any refund, payment, compensation or credit for unused or missed services or costs that result from the termination of participation.

Important program information will be sent to the email address provided on the application. Photographs, video, and/or statements that are gathered while on the program may be used in promoting HEX, for example on our website, social media and in PR. These photos and videos are available for you to download, email, or print for personal use. If you’d rather we didn’t use your images in marketing or PR, please advise HEX in writing prior to departure.It is essential that you notify HEX if you have any form of physical, learning, mental health or other disability or impairment that may require support services.

Online Environment

The price includes accommodation (3 star or equivalent) for 14 nights in a safe and central location. This price also including a few drinks and food - proximately covering 3-4 meals for the trip (not everyday).

HEX International price will also include tech tours at the world's leading organisations such as Google, Tesla, Uber, Zendesk, Atlassian, Grab, NASA and many more (depending on location). It also includes networking events with Singapore ecosystem!

The price for HEX International excludes flights.

Code of Conduct

You are expected to abide by and act in accordance with HEX’s Code of Conduct. By agreeing to these Terms and Conditions, or by using the HEX learning platform and HEX community platform, you are also agreeing to the Code of Conduct, which is outlined below. Failure to comply with these rules may result in your account and/or participation in our Program, HEX community platform, HEX learning platform being suspended or terminated or closed.

- You must not use obscene or vulgar language
- You must not submit or post content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, homophobic, sexist, or racist. 
- You must not submit or post content that is intended to promote or incite violence. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws. 
- You must not impersonate other people, particularly employees, and representatives of HEX and/or our affiliates and partners. 
- You must not use our Program, the HEX learning platform, or the HEX community platform for unauthorised mass-communication such as “spam” or “junk” messages, calls, or emails.

Discretionary Removal Clause

While adherence to the program's code of conduct is paramount, we recognize that certain behaviours or attitudes may not explicitly violate these rules but still contribute to an uncomfortable or unproductive environment for other participants. Therefore, we reserve the right, at our sole discretion, to remove any participant from the program who, in our judgement, exhibits behaviour that could be deemed as significantly disruptive or potentially harmful to the cohort's dynamics or the overall learning environment, even if such behaviour does not constitute a direct breach of the code of conduct. This includes, but is not limited to, actions that give rise to concerns or 'red flag vibes' about an individual’s compatibility with the program's values and objectives.

Academic Credit

While some universities do offer academic credit for the Programs, HEX cannot guarantee that you will receive academic credit at your home institution. HEX will assist you as much as is reasonable to gain or transfer credit, but credit is solely at the discretion of your home institution, and it is ultimately your responsibility to seek credit. HEX makes no representation, gives no opinion, accepts no responsibility and will not be accountable or liable for how the Program may or may not fit into your personal academic program at their home institution.

Fee and Payments

To join the Program, you must pay the entire amount in full no later than 15 calendar days before the Program commences.  Program inclusions are a package fee and cannot be broken into segments.

If you require additional funding to satisfy the payment amount, such as OS-HELP (Australian students) or Financial Aid (US students) it is your responsibility to factor in the required timings to meet HEX payment deadlines, and to seek alternate arrangements if required. If you require a payment plan, this must be communicated to HEX as early as possible. Payment plans will be created by HEX at its sole discretion. 

HEX reserves the right to vary program fees up to the date that you are accepted into the program, in the event of significant changes in exchange rates or price rises made by partners or other suppliers.

Withdrawals and Refund Policy

If you do need to cancel for any reason, you must notify HEX in writing as soon as possible. The cancellation will be effective upon receipt and acknowledgement of the written notification by HEX. Here is our timeline of withdrawals and payments.

Within 7 calendar days of payment, but before the Program has commenced: 100% of Program costs refunded
After 7 calendar days of payment: No refund

HEX always aims to work fairly and within the best interests of participants and partners. Therefore, any serious illness or incident that causes you to withdraw must be documented by a registered Doctor and formal written notification sent to HEX for assessment. In this case, any decision about refunds by HEX is at our discretion and is final. While we hope never to do this, we do reserve the right to cancel your participation if relevant deadlines are not met and we reserve the right to retain the Program amount as an administrative fee.

HEX reserves the right in its sole discretion to remove anyone from an HEX Program, the HEX learning platform, HEX community platform, any part thereof (including virtual spaces, in-person events, and accommodations) at any time, and for any reason, including, but not limited to, lack of payment or other violation of these Terms and Conditions or if we deem it necessary for the comfort, convenience, or safety of others. If we remove you from the HEX learning platform, a HEX Program in progress, or the HEX community platform, you will not be entitled to any refund, payment, compensation or credit for unused or missed services or costs that result from the termination of participation. If we remove you before a Program commences, HEX reserves the right to decide the amount of refund, payment, compensations, or credit you are eligible for.

Program Changes and Program Cancellations

HEX program agendas are subject to change, based on the health and availability of mentors, business contacts and startup founders, but the core content of the Program will not fundamentally change. HEX reserves the right to cancel the Program if there are insufficient registrants or if HEX determines it is in the best interest of your safety and quality of programming to cancel the program. HEX is not responsible for other costs you may incur by preparing for the Program. Should the Program be cancelled by HEX for any reason, you will be offered the option of places in other HEX Programs of a similar price or a full refund on all fees paid.

Release of Liability

HEX, its partners, mentors, and employees give notice that they act solely on behalf of and for the benefit of the participants, on the express agreement that HEX shall not be liable, financially or otherwise, for non-performance or unsatisfactory service; for the injury to persons including death, for loss of or damage to property, for accident or delay, and/or for expenses arising from strikes, weather, quarantine, sickness, government regulation, civil unrest or war, or from any act or omission of HEX partners or employees, and/or airline, mail services, rail, bus company, vehicle rental entity, hotel, restaurant, or other supplier of service. By agreeing to these terms and conditions, you assume all of these risks and agree to indemnify HEX, its employees, partners, mentors, and employees harmless for any and all liability that may arise in connection with participation in a HEX program.

Variation to Terms and Conditions

HEX reserves the right to vary these terms and conditions at any time. 

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