TERMS OF USE

HIVE Website Terms and Conditions of Use

  • About the Website
    • Welcome to www.hive.edu.au (the ‘Website’). The Website provides distance learning training and courses (‘the Services’).
    • The Website is operated by HIVE – Hampton Institute of Vocational Education. Access to and use of the Website, or any of its associated Products or Services, is provided by HIVE – Hampton Institute of Vocational Education. Please read these terms and conditions (the ‘Terms’) carefully. BY using, browsing and/or reading the Website. This signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    • HIVE – Hampton Institute of Vocational Education reserves the right to review and change any of the Terms by updating this page at its sole discretion. When HIVE – Hampton Institute of Vocational Education updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  • Acceptance of the Terms
    • You accept the Terms by remaining on the Website. You may accept the Terms by clicking to accept or a free to the Terms where this option is made available to you by HIVE – Hampton Institute of Vocational Education in the user interface.
  • Your obligations as a User
    • As a User, you agree to comply with the following:
      • You will use the Services only for purposes that are permitted by:
        • The terms; and
        • Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      • You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      • Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify HIVE – Hampton Institute of Vocational Education of any unauthorised use of your password or email address or any breach of security of which you have become aware;
      • Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of HIVE – Hampton Institute of Vocational Education providing the Services;
      • You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of HIVE – Hampton Institute of Vocational Education;
      • You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      • You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by HIVE – Hampton Institute of Vocational Education for any illegal or unauthorised use of the Website; and
      • You acknowledge and agree that any automated use of the Website or its Services is prohibited.
  • Copyright and Intellectual Property
    • The Website, the Services and all of the related products of HIVE – Hampton Institute of Vocational Education are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by HIVE – Hampton Institute of Vocational Education or its contributors.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by HIVE – Hampton Institute of Vocational Education, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
      • Use the Website pursuant to the Terms;
      • Copy and store the Website and the material contained in the Website in your device’s cache memory; and
      • Print pages from the Website for your own personal and non-commercial use.

HIVE – Hampton Institute of Vocational Education does not grant you any other rights whatsoever in rtelation to the Website or the Services. All other rights are expressely reserved by HIVE – Hampton Instititute of Vocational Education.

    • HIVE – Hampton Institute of Vocational Education retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      • Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
      • A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
      • A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    • You may not, without the prior written permission of HIVE – Hampton Institute of Vocational Education and the permission of any other relevant rights owners; broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  • General Disclaimer
    • General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or impose by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

      • Subject to this clause, and to the extent permitted by law:
        • All terms, guarantees, warranties, representations or conditions which are not expressly state in the Terms are excluded; and
        • HIVE – Hampton Institute of Vocational Education will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
      • Using the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of HIVE – Hampton Institute of Vocational Education make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of HIVE - Hampton Institute of Vocational Education) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
        • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
        • The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
        • Costs incurred as a result of you using the Website, the Services or any of the products of HIVE – Hampton Institute of Vocational Education; and
        • The Services of operation in respect to links which are provided for your convenience.
  • Indemnity
    • You agree to indemnify HIVE – Hampton – Institute of Vocational Education, its affiliates, employees, agents, contributors, third party content providers and licensors from and against.
      • All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      • Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
      • Any breach of the Terms.
  • Venue and Jurisdiction

The Services offered by HIVE – Hampton Institute of Vocational Education is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

  • Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  • Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the

  • Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force

Questions Regarding this Statement

If You have any questions or wish to complain about how we have handled your personal information, please provide us with full details of Your complaint and any supporting documentation to:

  • by e-mail at [email protected], or
  • by letter to the Chief Executive Officer, HIVE, 103 Montague Street, South Melbourne, Victoria 3205, Australia.

On receipt of your correspondence will endeavour to:

  • Provide an initial response to your query or complaint within 10 business days, and
  • Investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you by HIVE.