Terms and Conditions

1. About the Website

Welcome to SuperPath (the "Website"). The Website allows you to access and use SuperPath (the "Services").

The Website is operated by 8am Holdings Pty Ltd, (ABN 96 653 396 055). Access to and use of the Website, or any of its associated products or services, is provided by 8am Holdings Pty Ltd. Please read these terms and conditions (the "Terms") carefully. By using, browsing, and/or reading the Website, you signify 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 the Services immediately.

8am Holdings Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 8am Holdings Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take effect 30 days after the date of their publication. During this period, customers will be notified and given the opportunity to review the changes before they become binding. We recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept these Terms when you create an account with SuperPath. By registering for an account, accessing or using any part of the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not create an account or use the Services.

3. About the Service

SuperPath is an online learning management platform.

Free, trial, and paid accounts are currently offered. You acknowledge and agree that the accounts and features may change from time to time and may be governed by separate terms. Where account-specific terms apply, you will be informed and must accept those terms before you are granted access. These Terms apply unless otherwise amended by such terms.

Some accounts may be governed by a separate Software Licensing Agreement with 8am Holdings Pty Ltd, which may amend the terms of use.

4. Acceptable Use of the Service

SuperPath and related services must only be used lawfully. 8am Holdings Pty Ltd reserves the right to suspend, cancel, or deny access to users who:

Engage in any activity that disrupts, compromises, or interferes with the operation or security of SuperPath, including but not limited to: reverse-engineering, hacking, introducing viruses or malware, or overloading systems.
Use the services for any illegal purpose or in violation of any applicable laws, regulations, or third-party rights. This includes, but is not limited to, copyright infringement, defamation, or unauthorized access to data.
Harass, threaten, intimidate, or discriminate against any other user or 8am Holdings Pty Ltd staff.
Misrepresent their identity or affiliation, engage in fraudulent activities, or provide false or misleading information.
Violate SuperPath's content policy, including [provide a brief summary or reference the specific policy, e.g., "posting prohibited content as detailed in our Content Policy"].
Attempt to circumvent any access controls or security measures on the Website.
Use any automated system, including robots, spiders, or scrapers, to access the Website without express permission.

5. Security and Data Privacy

8am Holdings Pty Ltd takes privacy seriously. Information provided through your use of the Services is subject to our Privacy Policy, available on the Website.

6. Data Use

We collect, store, and process your data to provide the Services, facilitate operations, and improve our offerings. This includes data related to your account, usage of the platform, and communications. For detailed information on our data practices, including the types of data we collect, how we use it, and your rights, please refer to our Privacy Policy, available on the Website.

7. Subscription to Use the Service

To access the Services, you must purchase a subscription ("Subscription") and pay the applicable fee ("Subscription Fee"). Customers may pay monthly via credit card or annually via invoice. Payment by invoice must be agreed upon during the sales process. Annual invoices must be paid within 14 days unless otherwise agreed in writing.

You may be required to provide personal details (e.g. name, email, credit card). You warrant the information provided is accurate and up to date.

You may not use the Services or accept the Terms if:

You are not of legal age to form a binding contract; or
You are barred from receiving Services under the laws of your jurisdiction.

8. Changes to the Service

We reserve the right to make changes to any part of the Services at any time. We strive to implement updates that are backward-compatible and non-breaking in nature. However, in the event that a change is likely to cause a breaking impact to functionality or usage, customers will be provided with 14 days' advance notice via email or platform notification. SuperPath will make reasonable efforts to assist customers with remediation and transition support, where feasible.

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

9. Payments

Subscription Fees are payable using credit card or invoice. Payment by invoice requires prior agreement during the sales process. Subscription Fees are subject to change. 8am Holdings Pty Ltd will provide you with at least 30 days' advance notice of any changes to the Subscription Fees, which will take effect at the end of your current Subscription period.

Payments may be processed by third-party providers, and while we exercise care in selecting these providers, 8am Holdings Pty Ltd is not responsible for any errors or issues arising from their processing. You are responsible for ensuring timely payment and agree to pay any charges or costs incurred by 8am Holdings Pty Ltd resulting from failed payment attempts.

10. Refund Policy

Refunds may be provided, at the discretion of 8am Holdings Pty Ltd, under the following circumstances:

If 8am Holdings Pty Ltd is unable to continue providing the Services.
If you cancel your Subscription within 30 days of the initial purchase date, provided you have not significantly utilized the Services.
If there has been a material failure of the Services that 8am Holdings Pty Ltd is unable to rectify within a reasonable time.

Refunds, when applicable, will be proportional to the unused portion of the Subscription. 8am Holdings Pty Ltd reserves the right to deny a refund request if it determines, in its reasonable discretion, that the request does not fall within these circumstances.

11. Copyright and Intellectual Property

The Website, Services, and related products are protected by copyright under Australian and international laws. Unless otherwise stated, all rights are owned or licensed by 8am Holdings Pty Ltd.

You are granted a limited, non-exclusive, revocable licence to:

Use the Website in accordance with the Terms;
Copy and store content for personal use;
Print content for personal, non-commercial use.

SuperPath includes paid content owned or licensed by 8am Holdings Pty Ltd or its third-party licensors. Customers are granted a limited licence to use such content within the platform. All rights in such content remain with 8am Holdings Pty Ltd or its licensors.

Customer-uploaded content remains the customer's intellectual property. Customers grant 8am Holdings Pty Ltd a licence to host and display such content for the purpose of providing the Services.

You may not reproduce or redistribute any part of the Services or Website without prior written permission, except for content in the public domain or otherwise made available for reuse.

12. Disclaimer of Warranties

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

Subject to the above and to the extent permitted by law:

The Services are provided on an "as is" and "as available" basis without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
8am Holdings Pty Ltd does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
You acknowledge that use of the Services is at your own risk and that 8am Holdings Pty Ltd makes no guarantees regarding the reliability, accuracy, or completeness of the Services or any content available through the Website.

13. Limitation of Liability

To the maximum extent permitted by law, 8am Holdings Pty Ltd's total cumulative liability for all claims arising out of or related to these Terms or the Services, regardless of the form of action, is limited to the total amount paid by you for the Services in the 12 months preceding the event giving rise to the claim.

Under no circumstances will 8am Holdings Pty Ltd be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, loss of profits, revenue, goodwill, data, or business opportunities, whether in contract, tort or otherwise, even if such damages are foreseeable or we have been advised of the possibility of such damages.

14. Cancellation Policy

You may cancel your Subscription at any time by providing 30 days' written notice to 8am Holdings Pty Ltd. Cancellation will take effect at the end of the notice period. No refunds will be provided for any unused portion of the Subscription unless otherwise specified in the Refund Policy.

15. Termination

Termination by You: You may terminate your Subscription by:

Not renewing your Subscription at the end of its term; or
Providing 30 days' written notice to 8am Holdings Pty Ltd. Such termination will be effective 30 days from the date of receipt of your written notice.

Effects of Your Termination: Upon termination by you, your access to the Services will cease. 8am Holdings Pty Ltd may delete any data or content associated with your account, but will provide you with a 14-day window from the termination date to request a copy of your uploaded content or data. Following this 14-day period, 8am Holdings Pty Ltd may permanently delete all such data unless legally required to retain it.

Termination by 8am Holdings Pty Ltd: 8am Holdings Pty Ltd may suspend or terminate your access to the Services and this agreement, with immediate effect, if:

You materially breach any provision of these Terms;
We are required to do so to comply with any law, regulation, or court order;
Continuing to provide the Services becomes commercially unviable, in our reasonable determination; or
Your conduct is harmful to or could reasonably be expected to harm our business, reputation, other users, or the Services.

Effects of Termination by 8am Holdings Pty Ltd: In the event of termination by 8am Holdings Pty Ltd for your material breach, you will not be entitled to any refund of Subscription Fees.

16. Indemnity

You agree to indemnify, defend, and hold harmless 8am Holdings Pty Ltd, its officers, directors, employees, agents, contractors, affiliates, licensors, and suppliers (the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, expenses, and costs (including reasonable legal fees) arising out of or relating to:

17. Your content or data that you upload, post, transmit, or otherwise make available through the Services;

18. Your use of the Website or the Services;

19. Your breach of these Terms or any violation of applicable law or regulation;

20. Your infringement or misappropriation of any intellectual property rights or other rights of any third party; or

21. Your negligent, unlawful, or intentional misconduct.

Your obligations under this indemnity clause will survive the termination or expiration of these Terms and your use of the Services.

22. Dispute Resolution

Negotiation: The parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. Either party may initiate the negotiation process by providing written notice to the other party, outlining the details of the dispute.
Mediation: If the dispute is not resolved through negotiation within 30 days of the initial notice, the parties shall proceed to mediation in Sydney, Australia. The mediation will be conducted in accordance with the rules of the Australian Disputes Centre (or a similar recognized mediation organization), unless otherwise agreed. The costs of mediation shall be shared equally between the parties.
Further Action: If mediation does not resolve the dispute within [e.g., 60 days] of commencement, either party may pursue further legal action through the courts of New South Wales, Australia.
Rationale: Adds detail about the negotiation process and what happens after mediation.

23. Venue and Jurisdiction

The Terms are governed by the laws of New South Wales, Australia. Any disputes must be resolved in the courts of New South Wales.