about fxphd: terms of agreement

about fxphd: terms of agreement

 

Company Headquarters

fxphd Pty., Ltd  – ABN 50 072 176 660

fxphd Pty., Ltd
67 Christie Street
St Leonards  NSW  2065 Australia
+61 2 9925 4344

 

Terms of Agreement

By participating in fxphd online training subscription based learning for post production,  visual effects and motion graphics,  you accept the following Terms and Conditions.

fxphd Pty. Ltd. reserves the right to update and change its Terms and Conditions from time to time without notice.  Any alternations to Products or Services shall be subject to the Terms and Conditions.  Continued use of a Product or Service after any such changes shall constitute your consent to such changes.

 

Governing Law And Jurisdiction

These conditions and all other specific and additional terms which govern your use or membership of and access to this website will be governed by and construed in accordance with the laws of the state of Victoria, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any court hearing appeals from those courts.

 

Copyright

All content is copyright (© fxphd Pty. Ltd.) unless otherwise stated. All rights related to intellectual property ownership and rights remain with fxphd Pty. Ltd. This includes, but is not limited to, all text, graphics, audio, videos and all other course related materials.

Material cannot be copied, reproduced or distributed in any form without prior written consent.

All material provided and presented during training is for the sole use of the company and/or individual.

 

Conditions

We reserve the right to modify, cancel and limit any training, service or promotion.

We reserve the right to refuse participants for any reason.

fxphd Pty. Ltd. may revise, update and add to the content of its training programs at any time and at its sole discretion.

 

Warranties

No warranties or guarantees are made in any of the material.

By using any material provided you accept all liability for your actions

The products and services of fxphd Pty. Ltd.  are sold “as is” in all circumstances, the maximum liability of fxphd Pty. Ltd. its directors, employees, agents and affiliates, to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether contract, tort or otherwise, shall be limited to the charges paid in respect to product or service, provided the client notifies fxphd Pty Ltd. of any such claim within 7 days.

 

Web-Based Online Training Terms

To access the web-based training services,  you accept that a subscription payment is required. Payment is charged in advance as a recurring payment every month or year (depending upon the product purchased).

All prices quoted on the site are in United States Dollars.

 

VPN Usage Terms

Access to VPN versions of software is only to be used for personal, educational use. Using the software for commercial purposes, other non-commercial purposes, or in any way generating income will result in your access to fxphd being immediately revoked without refund. We treat all violations of this rule very seriously.

VPN access to software licenses is provided on an “as-is” basis – we try to provide as much support as possible, but do not guarantee your ability to run the software. Inability to utilize the VPN or license server does not violate this agreement provided fxphd makes a good faith effort to ensure access.

 

Forum Rules

Although the administrators and moderators of fxphd lounge will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and the owners of fxphd will be held responsible for the content of any message.

By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.

The owners of fxphd reserve the right to remove, edit, move or close any thread for any reason.

 

Cancellation

Subscriptions may be cancelled at any time on your account page (link here) and you will continue to receive full access until your next renewal date, at which point your membership will be closed and you will not be charged again. No refunds are provided.

 

Privacy Policy

fxphd Pty. Ltd. will keep any information (including account details) confidential. It agrees to make reasonable efforts to keep any such information that it has about members secure and to ensure that any of its employees or agents who have access to information about members do not make any unauthorised use, modification, reproduction or disclosure of that information.

fxphd Pty. Ltd. will only disclose information that it has about members:

  • to the extend required by law;
  • for the purposes of this agreement (including disclosure of information in connection with any query or claim).
  • Information provided by members is considered confidential and will not be divulged to any third party, nor will it be sold.

 

Warranties and Representations

Except for the the express representation and warranties stated in this Agreement, fxphd Pty. Ltd. makes no warranties whatsoever.  fxphd Pty. Ltd.  explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the product or services.
Indemnification and Liability

The products and services of fxphd Pty. Ltd  are sold “as is” in all circumstances, the maximum liability of fxphd Pt. Ltd. its directors, employees, agents and affiliates, to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether contract, tort or otherwise, shall be limited to the charges paid in respect to product or service, provided the client notifies fxphd Pty. Ltd. of any such claim within 30 days.

In no event shall fxphd Pty. Ltd.  be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the products or materials or services provided by fxphd Pt. Ltd ,even if fxphd Pty. Ltd. has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

 

Terms and Terminations

This Agreement shall commence upon the payment of subscription fees and shall remain effective until the Services are completed and delivered.

This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party: (a); breaches any of its material responsibilities (b); publishes unacceptable or unlawful material or remarks, including offensive, abusive of discriminatory comments.