- “Customer” means the customer who pays a subscription fee to us in order to access the Product and who has authorised you to access the Product.
- “Product” means the Fee Calculator and its related services, products, websites (including subdomains), tools and applications;
- “Services” means the provision of the Product and any services described therein or any other services that we may provide to you from time to time;
- “us” means the Provider and ‘we’ or ‘our’ shall be interpreted accordingly; and
- “you” means the person or entity that accesses the Product and ‘your’ shall be interpreted accordingly.
3. System integrity & user conduct
You acknowledge and agree that you must not use the Product to:
- impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
- input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
- input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of the Provider or any third party or breaches any duty of confidence or contractual obligation owed to the Provider or any third party;
- input, upload, post, disclose or transmit any material that is unlawful or violates any law;
- send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) to any person or company;
- download and store electronically, reproduce, transmit, display, copy, distribute or use the Product or any materials contained in the Product;
- upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Product or another’s computer or property of another;
- sub-license, rent, lease, transfer or attempt to assign the rights in the Product or the Product to any other person and any dealing in contravention of this sub-clause shall be ineffective;
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Product;
- conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
- interfere with or disrupt the Product or servers or networks connected to the Product, or disobey any requirements, procedures, policies, or regulations of networks connected to the Product;
- attempt to gain unauthorised access to the Product or computer systems or networks connected to the Product through any means;
- commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
- collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses;
- contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
3.1 You acknowledge and agree that you must not:
- use the Product for any purpose other than the purpose for which it was designed and intended;
- commit or permit any act which may interfere with the use of the Product by any other user;
- tamper with, hinder the operation of or make unauthorised modifications to the Product or any part thereof;
- damage or modify the Product or the Product or any part thereof;
- directly or indirectly copy, reproduce, share, republish, frame, download, transmit, distribute, sell, reverse engineer, decompile, translate, alter, modify, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Product or any software, documentation or data related to the Services;
- create derivative works based on the Product; and
- make any alteration to the Product.
4. Intellectual Property Rights
- The Product is protected by intellectual property rights. You acknowledge that the Provider is the owner of these rights.
- Any data inputted into the Product by you is deemed to be the property of our Customer who pays fees to us in order for you to be permitted to access the Product.
- You warrant to us that at the time of entering the Product, you were not relying on any representation made by us in respect of the Product.
- Except as expressly provided to the contrary, and to the extent permitted by law, we make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Product (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Services included on the Product.
6. Disclaimer and limitation of liability
- In no event shall we or our officers, directors, employees, agents, contractors or other personnel be liable for any direct or indirect loss, damage, cost or expense of any kind suffered by you or any other person arising in connection with your use of, or reliance upon, or the availability of the content, the Product or our services. The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
- To the extent permitted by law, the Product is provided by the Provider on an “as is” basis without any express or implied warranty of any kind.
- Any content on the Product and any resulting report or analysis (as well as any linked or referred to materials or websites) is not and should not be construed as financial or other advice. The content is provided solely as a convenience to you and is to be taken as general information only.
- The World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Product may be intercepted, used or modified by third parties.
- In the event that you suffer any loss in connection with the use of the Product, your sole rights are against the Customer.
7. Links to other websites
- The Product may contain links to other third party websites. These links are provided solely as a convenience and not as a guarantee or recommendation by us for the services, information, opinion or any other content on such third party websites or as an indication of any affiliation, sponsorship or endorsement of such third party websites. If you decide to access a linked website, you do so at your own risk.
- In respect of any Personal Information (as defined in the Privacy Legislation) that is provided to us in connection with the Product, you must comply with:
- the Privacy Legislation, and Personal Information including sensitive or health information must be dealt with in accordance with the Privacy Legislation (as it applies to that party); and
- the applicable policies and guidelines of the Provider as made known from time to time.
- You warrant and represent that all Personal Information that you provide to the Provider complies with this clause at all times.
9. Breach and termination
- The Provider reserves the right to deny you access to, or use of, all or part of the Product including your data, without prior notice, for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Product.
- We may also terminate our agreement with you or case providing all or any part of the Product immediately without notice to you if:
- where we are required to by law, for example due to a change in law governing the Product;
- the Product relies on data or services provided by a third party partner and the relationship with such partner has expired, been terminated or altered in a manner which we consider to be adverse; or
- provision of the Product is no longer commercially reasonable to us.
- The Provider operates the Product in Australia. Information contained on the Product may not be appropriate or available for use in other locations. If you access the Product from other locations, you do so at your own initiative, and you are solely responsible for compliance with local laws.
Last Updated 13/11/2020.
© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2020).