TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF TERMS
Anti Hero Capital Pty Ltd, ACN 623864942 ("Anti Hero Capital", "we" or "us") operates an online education and live training platform allowing users ("User" or "You") to access training in relation to technology, blockchain, artificial intelligence, innovative trends and more ("Services") via the Platform, including through our website at www.antiherocapital.com, our social media accounts, any Anti Hero Capital mobile software application, or any other platform we may introduce in the future (“Platform”).
Use of the Platform or use of the Services confirms that You agree to be bound by the TOS.
NO WARRANTY OF SUCCESS
You acknowledge and agree that notwithstanding any other clause in this TOS, that due to the nature of the services provided, Anti Hero Capital cannot and does not provide any warranty, guarantee or representation that the use of the Platform or the Services will result in any commercial improvement or success in connection with your business or personal goals.
SCOPE OF SERVICES OFFERED
Anti Hero Capital provides online education and live training to Users.
Users create an account with Anti Hero Capital when they validly complete a registration form or link their social media account on the Anti Hero Capital Platform (“User Account”). A User Account is required to access Services, unless otherwise specified.
Anti Hero Capital does not have any ability and does not undertake any responsibility to review, approve or verify any User-provided information prior to publication on the Anti Hero Capital Platform.
Anti Hero Capital makes no representation or warranty that:
(a) any material on the Platform or incorporated in the Services will be relevant, accurate, reliable or complete (nor does Anti Hero Capital accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of Anti Hero Capital’ negligence or gross negligence); or
(b) that Your access to the Anti Hero Capital Platform or Services will be timely, secure or uninterrupted.
Your use of, or reliance upon, the material on the Anti Hero Capital Platform or Services is entirely at your own risk. Users agree to confirm and verify any material before acting on the material provided.
Anti Hero Capital does not provide legal or financial advice. Any information provided is of a general nature only and does not take into account your personal needs and circumstances. You should seek your own independent legal and financial advice.
Any third-party name, contact details, hyperlink or trade mark depicted on the Platform or Services is for information purposes only and is not intended, and nor shall it be, an endorsement or a recommendation by or on the part of Anti Hero Capital of any person, product or service.
Anti Hero Capital may, at its sole discretion, modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, Anti Hero Capital shall not be liable to You or to any third party for any such alteration, modification, suspension or discontinuance of our Services, or any part thereof.
USER ELIGIBILITY & REGISTRATION
To create an account and use the Services You must be able to form legally binding contracts under applicable law. If You do not qualify to use the Services, You must not use the Services.
You may register a User Account either directly or via supported social media credentials, provided such registration does not breach the terms and conditions of use of that social media platform.
You must provide accurate information when registering a User Account and ensure that you maintain the accuracy of the information You have provided.
You must not establish more than one User Account.
While You are registered with Anti Hero Capital, You must maintain control of Your User Account. You may not deal with Your User Account in any way (including by allowing others to use Your User Account or by transferring or selling the User Account or any of its content to another person).
At its absolute discretion, Anti Hero Capital may refuse to allow any person to register or create an account with Anti Hero Capital or cancel or suspend any existing User Account.
User Account names must not be:
(a) misleading or deceptive;
(b) offensive; or
(c) in violation of any law or third-party rights.
4.8 After you have registered a User Account, You will receive a random password. You are responsible for maintaining the secrecy and confidentiality of Your password and for all activities that transpire on or within Your User Account. It shall be Your responsibility to notify Anti Hero Capital immediately if You notice any unauthorized access or use of Your User Account or password or any other breach of security. Anti Hero Capital shall not be held liable for any loss or damage arising from any failure to comply with this term or any other condition of the TOS.
GENERAL USER OBLIGATIONS
As a User of the Platform or Services, You acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content (“Content”), whether it is publicly or privately posted and/or transmitted, is the sole responsibility of the individual from whom the Content originated.
Anti Hero Capital accepts no liability for any aspect of the interaction between Users via the Platform or Services, and Anti Hero Capital has no obligation to any User to assist in any way in any dispute between Users.
Anti Hero Capital does not have any ability and does not undertake any responsibility to review, approve or verify any User-provided information prior to publication on the Anti Hero Capital Platform or Services.
You expressly agree that Anti Hero Capital has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users.
Anti Hero Capital may refuse to publish, modify or delete any Content or information provided by Users at its sole discretion.
You warrant and agree that at all times:
You will comply with this Agreement (including all Anti Hero Capital policies) and all applicable laws and regulations;
You will post only accurate information on the Platform and Services;
all Content (whether provided by Anti Hero Capital, a User or a third-party) on the Platform or Services may not be used on other sites or for other business purposes without Anti Hero Capital’ prior permission;
You will ensure that You are aware of any laws that apply to in relation to any way that You use the Platform or Services; and
You have all right, title, and interest to any content you transmit to or via the Platform or Services including but not limited to any consent, authorisation, release, clearance or licence from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for You to provide, post, upload, input or submit the posted content.
You must not use the Platform or Services for any illegal or unlawful purpose or in such a manner as to cause loss or damage, including reputational damage, to Anti Hero Capital. Your use of the Platform or Services must not, in any way whatsoever, be potentially or actually harmful to Anti Hero Capital or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Anti Hero Capital.
Without limiting any provision of this TOS, any information You supply to Anti Hero Capital or published on the Platform or Services must be up to date and kept up to date, and the information and Your behaviour must not:
be false, inaccurate or misleading or deceptive;
be fraudulent or involve illegal conduct;
(c) infringe any third-party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices or fair trading laws);
(e) be defamatory, libellous, objectionable, threatening or harassing;
(f) be obscene or contain any material that, in Anti Hero Capital' sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) advertise for goods and services or solicit funds;
(h) impersonate any individual or entity, including, but not limited to, any Anti Hero Capital officials, forum leaders, guides or hosts or falsely state or otherwise misrepresent any affiliation with an individual or entity;
(i) disrupt the normal flow of communication, or otherwise act in any manner that would negatively affect other Users' ability to participate in any real time interactions;
(j) collect or store any personal data relating to any other User without that User’s express consent;
(k) interfere with or disrupt any Anti Hero Capital Platform or Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; or
(l) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Anti Hero Capital Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
You acknowledge and agree that Anti Hero Capital may set up practices and limits regarding the use of our Services, including:
the maximum number of days that any email, message posting or any other uploaded content shall be retained by Anti Hero Capital;
the maximum number of email messages that may be sent and/or received by any User;
the maximum volume or size of any email message that may be sent from or may be received by a User Account on our Service;
the maximum disk space allowable that shall be allocated on Growth King’s servers on a User’s behalf,
the maximum number of times and duration that any User may access our Services in a given period of time.
You also agree that Anti Hero Capital has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services.
6.1 “Intellectual Property” means anything which is or can be the subject of intellectual property rights including any:
(a) work or sound recording as defined in the Copyright Act 1968 (Cth);
(b) trade mark as defined in the Designs Act 2003 (Cth), whether registrable or not;
(c) invention as defined in the Patents Act 1990 (Cth), whether patentable or not;
(d) trade secrets, know how or other information protected by law, and
in each case, whether registered or unregistered, and including all applications (and rights to apply) for, and renewals or extensions of such rights and all rights of action for infringement of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world and any improvements and/or modifications to such rights.
6.2 Anti Hero Capital is the owner or the licensee of all Intellectual Property rights in the Platform and in the material published thereon (“Anti Hero Capital Material”).
6.3 You acknowledge that all Intellectual Property rights in the Anti Hero Capital Material anywhere in the world belong to Anti Hero Capital or our licensors, that rights in the Anti Hero Capital Material are licensed, and not sold, to You, and that You have no rights in, or to, the Anti Hero Capital Material other than the right to use each of them in accordance with these terms.
6.4 You grant to Anti Hero Capital an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any Intellectual Property, material and information You submit, publish or transmit on or through the Platform or Services for the purpose of including that material and information on the Platform or Services and as otherwise may be required to provide the Platform or Services, for the general promotion and use of Anti Hero Capital and as permitted by this TOS.
6.5 You irrevocably, voluntarily and unconditionally consent to all or any acts or omissions by Anti Hero Capital, or persons authorised by Anti Hero Capital, concerning any and all of the moral rights made or to be made by You in relation to content You upload or otherwise place on the Sites which would otherwise infringe Your moral rights.
6.6 Where You submit, publish or transmit any Intellectual Property on or through the Platform, you acknowledge and agree that:
(a) the Intellectual Property does not contain any type of confidential or third party proprietary information;
(b) Anti Hero Capital shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any such Intellectual Property;
(c) Anti Hero Capital shall be entitled to make use of and/or disclose any such Intellectual Property in any such manner as they may see fit; and
(e) Anti Hero Capital is under no obligation to either compensate or provide any form of reimbursement in any manner or nature to You in exchange for the use of the Intellectual Property.
GRANT OF LICENCE TO ANTI HERO CAPITAL MATERIAL & SOFTWARE
7.1 You may view, use for purposes in connection with the Services, download for caching purposes only, and print pages from the Platform, provided that:
(a) You must not republish material from the Platform (including republication on another website), or reproduce or store material from the Platform in any public or private electronic retrieval system, without Anti Hero Capital’ express written consent;
(b) You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Platform or material on the Platform for a commercial purpose, without Anti Hero Capital’ express written consent;
(c) You must not edit or otherwise modify any material on the Platform, without Anti Hero Capital’ express written consent
7.2 Anti Hero Capital grants You personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our software on a single computer, as long as You do not and do not authorise a third party to:
(a) duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code,
(b) sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the software
(c) alter or change the software in any manner, nature or form,
(d) use any modified versions of the software, including and without limitation, for the purpose of obtaining unauthorized access to our Services
(e) access or attempt to access our Services through any means other than through the interface which is provided by Anti Hero Capital for use in accessing our Services.
THIRD PARTY ADVERTISING & LINKS
8.1 Anti Hero Capital may from time to time include on the Platform and Services, promotions for and links to, services offered by third parties ("Third-Party Services"). These Third-Party Services are not provided by Anti Hero Capital.
8.2 Third-Party Services are offered to You pursuant to terms and conditions offered by the Third-Party. Third-Party Services may be promoted on the Anti Hero Capital Platform as a convenience to our Users who may find the Third-Party Services of interest or of use.
8.3 If You engage with any Third-Party Service provider Your agreement will be directly between You and that Third-Party Service provider.
8.4 Anti Hero Capital makes no representation or warranty as to the Third-Party Services.
8.5 You agree that Anti Hero Capital shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such promotions or links in connection with Third Party Services on our Platform or Services.
You agree to indemnify, defend and hold harmless Anti Hero Capital and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of this TOS, including but without limitation, breaches of Your obligations under this TOS, or any activity related to Your User Account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Platform or Services using Your User Account.
10. LIMITATION OF LIABILITY
10.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Term"), to the extent permitted by law Anti Hero Capital specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any use of the Platform, Services or any transaction between Users.
10.2 Except for liability in relation to a breach of any Non-excludable Term, to the extent permitted by law, Anti Hero Capital specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any third-party who may be included from time to time on the Anti Hero Capital Platform.
10.3 Except for liability in relation to a breach of any Non-excludable Term, Anti Hero Capital's liability to any User of this service is limited to the total amount of fees paid by that User to Anti Hero Capital during the twelve month period prior to any incident causing liability of Anti Hero Capital.
10.4 Anti Hero Capital's liability to You for a breach of any Non-excludable Term (other than a Non-excludable Term that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
10.5 Your right to bring an action against Anti Hero Capital in relation to any alleged contravention by Anti Hero Capital of section 18 of the Australian Consumer Law (or equivalent State or Territory legislation) is modified such that You can only make such a claim if You have issued notice of the claim and legal proceedings within 60 days after the right to bring such an action arose. You are barred from bringing any such action and waive any rights to bring any such action after that time.
11. NO WARRANTY
Except for liability in relation to any Non-excludable Term, the Platform and Services are provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) 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;
(b) the accuracy, suitability or currency of any information on the Platform, the Services, or any related products (including third-party material and advertisements on the Platform and Services);
(c) costs incurred as a result of you using the Platform or the Services; and
(d) the services or operation in respect to hyperlinks which are provided for Your convenience.
12.1 You may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com.
12.2 You agree that Anti Hero Capital may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit Your User Account, any email associated with Your User Account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
by way of requests from law enforcement or any other governmental agencies;
the discontinuance, alteration and/or material modification to our Services, or any part thereof;
unexpected technical or security issues and/or problems;
any extended periods of inactivity;
the nonpayment of any money that may be owed by you to us or our related entities.
12.3 You agree that any and all terminations, suspensions, discontinuances, and or limitations of access shall be made at Anti Hero Capital’ sole discretion and that we shall not be liable to You or any third party with regards to the termination of Your User Account, or access to our Platform or Services.
Anti Hero Capital may provide You with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Platform or Services, or other reasonable means currently known or any which may be developed. Your continued use of the Platform or Services after provision of a notice is Your acceptance of the change set out therein.
14. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
14.1 Anti Hero Capital respects the intellectual property of others, and we ask that all of our Users to the same. With regards to appropriate circumstances and at its sole discretion, Anti Hero Capital may disable and/or terminate the User Accounts of any User who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
the electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you believe has been infringed upon;
a description of the location of the site which you allege has been infringing upon your work;
your, and the alleged infringer’s physical address, telephone number, and email address;
a statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
A statutory declaration, attesting to the truth of the information provided and stating that that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
14.1 The Anti Hero Capital can be contacted as follows:
Anti Hero Capital
17/31 Queens St, Melbourne, Vic 3000, Australia
15.3 You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Platform or Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
compliance with any legal process;
enforcement of the TOS;
responding to any claim that therein contained content is in violation of the rights of any third party;
responding to requests for customer service; or
protecting the rights, property or the personal safety of Anti Hero Capital, its visitors, users and members, including the general public.
16.1 Anti Hero Capital may vary this TOS from time to time. Anti Hero Capital will notify you of variations by sending a notice in accordance with clause 13.
16.2 Except as otherwise notified to You, all amended terms will automatically be effective 14 days after they are initially notified to You. Each time You use the Platform or Services in any manner after the expiry of that 14-day period or such other notice period notified to You, You acknowledge any changes to the TOS and confirm Your agreement to be bound by the TOS as it may have been varied.
16.3 If You do not agree with any changes to this TOS, You must terminate Your Anti Hero Capital account and stop using the Platform and Services. Except as specifically described in or authorised by this TOS, the terms of this TOS cannot be amended except in writing signed by You and Anti Hero Capital.
16.4 This TOS is governed by the laws of the State of Victoria, Australia. You and Anti Hero Capital submit to the exclusive jurisdiction of the courts of that State.
16.5 The provisions of this TOS are severable, and if any provision of this TOS is held to be invalid or unenforceable, such provision may be removed or modified and the remaining provisions will be enforceable.
16.6 This TOS may be assigned or novated by Anti Hero Capital to a Third-Party without Your consent. In the event of an assignment or novation You will remain bound by this TOS.
16.7 This TOS sets out the entire understanding and agreement between You and Anti Hero Capital with respect to its subject matter.