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Terms & Conditions

Understand the terms of using our
services in our Terms & Conditions.
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A. ACCOUNT REGISTRATION

  1. To purchase and/or use our Products, you may be required to register an account with us through our website. By creating an account, you agree to comply with and to be bound by these Terms and Conditions.
  2. If you create an account on behalf of your employer or other entity, you represent and warrant that you hold authority to do so on behalf of your employer or that other entity.
  3. When you register an account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
  4. You may not assign or transfer your account to any other person or entity without our prior written permission. You agree we are not responsible for third-party access to your account that results from the theft or misappropriation of your login credentials

B. SUBSCRIPTION

    1. We may offer various subscription-based Products. You can find descriptions of our subscription-based Products, their features and applicable fees on our website. We reserve the right to modify or cancel the features, inclusions, type, content or services we provide as part of our subscription-based Products from time to time and for any reason.
    2. Each subscription is provided on a monthly recurring basis and continues until cancelled. You will be charged on a monthly recuring basis in advance, and you authorise us to charge your nominated payment method when registering an account with us.
    3. Your subscription is for your internal use only. You are not permitted to share your login details with another person or use your subscription for any commercial purpose, including to on-sell your subscription to any third party.
    4. You may cancel your subscription at any time by logging into your account and cancellation will take effect from the end of the billing period in which you cancel. We do not provide refunds for any unused subscription periods after you notify us of your intent to cancel.
    5. We can cancel or suspend your subscription at any time at our discretion but we will act reasonably. If we cancel your subscription, we may give you a prorated refund if you have pre-paid your subscription.

C. TRIAL PERIOD

    1. If you are entitled to a trial use of a Product, you do not need to pay any fees for using the relevant Product during the specified trial period. You agree these Terms and Conditions apply in relation to the use of a Product during the trial period.
    2. We may specify additional terms and conditions for the trial use of a Product, and you agree to be bound by such terms and conditions.
    3. The free trial version of our Products may have fewer or limited features and technical support may not be available during the trial period.
    4. At the end of the trial period or any earlier date as determined by us, your use and/or access to the relevant Product is terminated.

D. FEES AND PAYMENTS

    1. Payment of all applicable fees is required at the time of purchasing our Products and is full acceptance of these Terms and Conditions.
    2. Our fees are non-refundable and unless otherwise stated, include GST.
    3. We will deliver and/or grant access to the relevant Products to you upon full payment of all applicable fees. If you fail to make payment of our fees in relation to any subscription-based Products when due and payable, we may suspend or terminate your subscription without notice.
    4. We can change our pricing and fees at any time. If you have a subscription, we will notify you of any changes to our pricing and fees that affect your subscription. If you do not agree with a price change, you can cancel your subscription. If you do not cancel your subscription, the new pricing and fees will apply to your subscription, and you agree to pay the new pricing and fees as applicable.

E. CUSTOMER MATERIALS

    1. If you provide any data, information, content, metadata or other materials to us (“Your Materials”), you hereby grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, make derivative works of, and otherwise commercialise and exploit, Your Materials.
    2. You are responsible for ensuring the accuracy and completeness of Your Materials you provide to us, and we are not responsible for or liable to you for any loss or damage due to, without limitation, any inaccurate or incomplete information provided by you.
    3. You represent and warrant to us that:
      1. you have the right to grant the licences referred to above, in and to Your Materials;
      2. use of Your Materials by us will not infringe the rights of any third parties, including intellectual property rights;
      3. Your Materials are accurate, complete, reliable, current and up-to-date; and
      4. Your Materials are free of worms, viruses, trojan horses, malware and any other disabling code.

F. INTELLECTUAL PROPERTY

    1. All intellectual property rights in the Products are and remain our (including any third party data or service providers, as the case may be) exclusive property, including all rights, title and interests in and to all creations, inventions, modifications and intellectual property rights subsisting in our Products.
    2. You acknowledge and agree that:
      1. you acquire no right in or to our Products, except for a limited right to use it under these Terms and Conditions; and
      2. you must not, and must not permit any other person to, infringe upon, harm or contest the validity of our (including any third party data or service providers, as the case may be) ownership of the Products, or all creations, inventions, modifications and intellectual property rights subsisting in our Products.
      3. You also acknowledge and agree that our right to provide the Products and associated services may be subject to agreements with third party data or service providers.

G. RESTRICTIONS

    1. When accessing our website and/or using our Products, you acknowledge and agree that you must not, nor must permit any person to:
      1. reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the Products, or any part of the Products, in any form or by any means, except for your personal use in accordance with these Terms and Conditions;
      2. modify or make any alterations, additions or amendments to any part of the Products;
      3. reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Products or reproduce all or any portion of the said components; and
      4. remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

H. DISCLAIMER

    1. To the maximum extent permitted by law, our Products are provided “as is” and “as available”. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability of our Products, or that our Products will be uninterrupted or error-free.
    2. You agree the entire risk arising out your use of our Products remains solely with you.
    3. To the maximum extent permitted by law, we make no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content, and in particular do not represent, warrant or guarantee that:
      1. the use of this website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
      2. this website will meet your requirements or expectations;
      3. any document created through this website will be enforceable in any respect or will have any particular legal or commercial effect;
      4. anything on this website, or on any third-party website referred or linked to in this website, is reliable, accurate, complete or up-to-date;
      5. the quality of any products, services, information or other material purchased or obtained through this website will meet your requirements or expectations;
      6. errors or defects will be corrected; or
      7. this website or the servers that make it available are free of viruses or other harmful components.

I. LIMITATION OF LIABILITY

    1. Nothing in these Terms and Conditions purports to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian Consumer Law.
    2. To the maximum extent permitted by law in respect of our Products, our liability is limited to:
      1. in the case of our products, at our option, replacing the applicable products or refunding the fees paid for such products; and
      2. in the case of our services, at our option, re-supplying the applicable services or refunding the fees paid for such services.

J. EXCLUSION OF LIABILITY

    1. To the maximum extent permitted by law, we exclude all liability to you (including any user or visitor of this website) for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, any use of this website, or any use of, or reliance upon, any Products obtained through this website, by you.
    2. By using this website, you waive the right to bring, and covenant not to bring, any claim, complaint, demand, proceeding, suit, litigation, action, cause of action or other legal recourse (whether in contract, tort, under statute or otherwise) that you have, or would otherwise have had, against us and you acknowledge and agree that this waiver and release may be pleaded as a bar and complete defence to any such claims.
    3. You agree to release us from any claim, demand or cause of action that you may have against us arising directly or indirectly out of, or in connection with, your use of this website or any use of, or reliance upon, any Products obtained through this website by you.

K. INDEMNITY

    1. You agree to indemnify us from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses (including, without limitation lawyers’ fees and court costs) which arise out of or relate to your use of our website, including any of our Products, including but is not limited to:
      1. your breach of these Terms and Conditions; and
      2. any misuse of our website, including any of our Products, by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you.

L. PRIVACY

    1. We will comply with the Australian Privacy Principles in all dealings with you.
    2. We may need to collect personal information about you, including your full name and address, drivers licence details, credit card details, and credit or business history. You consent to us using your personal information to the extent necessary under these Terms and Conditions.
    3. You have the right to access the personal information we hold about you.

M. CONFIDENTIALITY

    1. We will keep any confidential information we receive from you under these Terms and Conditions confidential and will not disclose such confidential information without your prior written consent.
    2. You must keep any confidential information you receive from us under these Terms and Conditions confidential and will not disclose such confidential information without our prior written consent.
    3. The confidentiality obligations above do not apply to disclosures to the extent that they are:
      1. required by law (including disclosure to any stock exchange);
      2. made to its legal advisers, accountants or auditors; or
      3. required to enable the disclosing party to make or defend any claim under these Terms and Conditions.
    4. The reference to confidential information above is a reference to any information made available to you and us (as the case may be) at any time under these Terms and Conditions which may concern the business and operations of the disclosing party, but does not include information which:
      1. is or becomes public knowledge other than by a breach of these Terms and Conditions; or
      2. is independently known to, or developed by, the receiving party as evidenced by the receiving party’s written records.

N. ASSIGNMENT

    1. Your rights and obligations under these Terms and Conditions, cannot be transferred or assigned by you to a third party.

O. NO WAIVER

    1. Any failure by us to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by us.

P. AMENDMENTS

    1. We reserve the right to change, modify, add or remove portions of our website (including its content) and these Terms and Conditions at any time.
    2. Please check our website and these Terms and Conditions regularly to ensure you are aware of any changes. We may highlight any significant or substantive changes to you where possible.
    3. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and our rights and obligations to each other.

Q. SEVERABILITY

    1. If a provision in these Terms and Conditions becomes invalid, illegal or unenforceable in any respect under any law then that provision shall be automatically severed from these Terms and Conditions and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

R. ENTIRE AGREEMENT

    1. These Terms and Conditions constitute the entire agreement between the parties and supersedes all previous communications or agreements, whether oral or written, in relation to the subject matter of these Terms and Conditions.

S. GOVERNING LAW

    1. These Terms and Conditions are construed in accordance with and governed by the laws of the State of Western Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.

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