These terms and conditions set out the terms and conditions between you, the customer, and HtAG Analytics (“us”, “we”), governing the use of our website and our downloadable digital reports and subscriptions including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose.
For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
Refunds and Chargebacks
Once a product has been purchased by you, no right of refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Warranties and Liability
We make every effort to ensure that our products are accurate, authoritaive and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions.
Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Any information on our website, its’ links or attachments should not be considered legal or financial advice. While HtAG Analytics uses commercially reasonable efforts to ensure the data is current, HtAG Analytics does not warrant the accuracy, currency or completeness of the data and to the full extent permitted by law excludes all loss or damage howsoever arising (including through negligence) in connection with the HtAG Analytics data.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver.
You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof.
These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Australian law and both us and you irrevocably submit to the exclusive jurisdiction of the Australian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
For subscription-based services, unless otherwise provided, we will automatically bill your payment method on file on the first day of each billing cycle. It is your responsibility to ensure that your payment method remains valid during the subscription period, otherwise, service will be cancelled. Subscription fees are non-refundable due to the digital nature of our services.
Non-Transferable Subscription Access
You understand that as a subscriber to HtAG Analytics, you will be provided an exclusive login and password meant for your personal use only. These login credentials should be kept confidential and secure at your end and should not be shared with any third party, including employees, colleagues, associates, family or friends, under any circumstances. Your account and the right to access the subscription-based content are non-transferable and are intended for the sole use of the original subscriber.
Sharing your account credentials is a violation of this agreement and will amount to unauthorised access to our platform, and may lead to immediate termination of your subscription without notice, and without any refund of the amounts paid for the subscription. We reserve the right to monitor usage of your account in order to detect any unauthorised access.
You are deemed to be responsible for all activities that occur under your account due to any reason whatsoever and HtAG Analytics shall not be liable for any loss or damage arising from your failure to comply with this provision.
In the instance of a suspected breach of this term, or any other unauthorised use of your account, you agree to immediately notify HtAG Analytics and update your login credentials. We reserve the right to take any action as deemed necessary or appropriate in such instances, including but not limited to, suspending the account until further enquiry or directly terminating the account.
In the event that an account is terminated due to violation of these terms and conditions, no refund will be provided for the remaining period of the subscription, and such terminated account would not be considered for any future services.
Along with the security of your login details, maintaining the security of your devices on which the subscription is accessed is also your responsibility. Any unauthorised access from your device would also be considered as a serious breach of these terms and conditions.
Subscription Renewals and Cancellations
You, as the customer, are responsible for managing your subscription renewals and cancellations through the account dashboard provided. We do not accept cancellations or amendments to your subscription through email or phone calls, unless such requests are attributable to lost access or inability to access your account.
You must manually cancel your subscription through the available tools on your account dashboard. You acknowledge and accept that it is solely your responsibility to ensure that your subscription is effectively cancelled.
In instances of account access issues, contact our customer service for assistance. However, note that HtAG Analytics cannot and will not take any responsibility for any loss or damage resulting from your failure to properly renew or cancel your subscription.
Refunds for Forgotten Cancellations
In case of instances where you forget to cancel your subscription and are consequently charged for the next billing cycle, the decision to issue a refund resides solely at HtAG Analytics’ discretion. You acknowledge and accept that refunds are not guaranteed in these circumstances.
We strongly recommend our customers to keep track of their subscription status and billing cycles to avoid unexpected charges. Any request for a refund under such circumstances will be evaluated on a case-by-case basis, considering the particular circumstances and factors at hand.
Updates to Digital Products
We update the digital products on our website on a regular basis. We are under no obligation to provide these updates to purchasers of any version other than the most current version of the digital product. However, at our discretion, we may provide these updates for free or for a fee.
Third Party Services
You may be provided with access to third party platforms through our software. Your use of these platforms will be governed by their individual terms of service. We will not be liable for any damages or costs arising out of or in any way connected with your use of these third-party services.
Use of Automated Systems or Software
Users are strictly prohibited from utilizing any kind of automated system or software, whether operated manually or automated, to copy, extract, collect, mine, scrape, or harvest data or information from HtAG Analytics (“the Platform”).
The prohibition extends to all circumstances, regardless of the nature, purpose, or volume of data being extracted, and includes all data visible on the platform or underlying in the source code of the webpage.
Without the express prior written consent from HtAG Analytics, no user may:
- Implement or engage in any method, technology, or practice aimed at accessing, acquiring, copying, or monitoring data from the Platform.
- Bypass or attempt to bypass any measures used by us to prevent or restrict access to the Platform or any subsection thereof.
- Interfere, disrupt, or attempt to gain unauthorized access to, any other user’s use or enjoyment of the Platform.
Violations of this policy will be considered a serious breach of our Terms and Conditions and will result in immediate account termination.
We have the right to terminate your access to our software for any reason, without notice. Termination may result from your failure to comply with these terms and conditions, insolvency, liquidation, administration, winding up, or cessation of business.
You agree to indemnify, defend and hold harmless HtAG Analytics, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
As a user, you agree to use the information obtained from our software as a reference and for your personal use only. Any attempts to resell, distribute, copy or reproduce the insights, reports or any information fetched by our software could lead to the termination of services without any prior notice.
Duration of the Agreement
Your agreement to abide by these terms and conditions will commence automatically upon your first use of our website or software and will continue until the earlier of the following: either until we notify you of the termination of these terms and conditions, or you stop using our website or software. Certain provisions of this agreement will continue to apply even after termination.
Use of the digital products requires a compatible device, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the digital products involves hardware, software, and internet access, your ability to use such products may be affected by the performance of these factors. High-speed internet access is strongly recommended.
Changes to the Terms and Conditions
We have the discretion to update this terms and conditions at any time. We encourage users to periodically check this page for any changes to stay informed. You acknowledge and agree that it is your responsibility to review these terms and conditions periodically and become aware of modifications.
Please do not hesitate to contact us regarding any matter relating to these Terms and Conditions or Sale Policy via our contact form.