Last Updated: 1/JULY/2020
Acceptance of terms
Any person who wishes to use our Services must agree to this agreement, as well as all policies and guidelines incorporated by reference in this agreement. This agreement is a legally binding agreement between you and licensor.
By downloading, installing or using our Services, you agree to be bound by all terms and conditions of this agreement and all policies and guidelines incorporated by reference. Please read this agreement carefully. If you do not wish to be bound by this agreement, do not indicate your acceptance, and do not use or download our Services.
The proprietary software associated with our Services, including any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Licensor grants to you a limited, personal, nonexclusive, revocable, nonassignable, nontransferable license to download, install, and use the Services on a single computer and to use the Services solely as permitted under this Agreement. All rights not expressly granted to you by the foregoing sentence are reserved by Licensor. Without limiting the generality of the foregoing, you may not copy, modify, distribute or reverse engineer, decompile or disassemble, or make any derivative works based on the Service. Any unauthorized use terminates the permission or license granted by Licensor in this paragraph.
You agree not to access (or attempt to access) the Service or any Internet service it interacts with by any means other than through the interface that is provided by Licensor, unless you have been specifically allowed to do so in a separate agreement with Licensor. You specifically agree not to access (or attempt to access) the Service or any Internet service it interacts with through any automated means (including use of scripts, spiders or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts Licensor’s provision of its Services.
Licensor may at any time, with or without notice, terminate the Agreement or block or disable your access or use of its Services if:
- Licensor believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement)
- Licensor is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful)
- Licensor is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service, or the provision of the Service to you by Licensor is, in Licensor’s opinion, no longer commercially viable
- Licensor believes that your use of the Service may infringe or violate the rights of a third party or subject Licensor to civil or criminal liability.
- All of the provisions of this Agreement which, by their nature, are intended to survive termination hereof (including, without limitation, all provisions relating to indemnification, disclaimer of warranties, indemnification, intellectual property rights, limitation of liability, applicable law, jurisdiction and venue, class actions and general matters), shall do so.
From time to time there may be software updates that are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. In the event that this occurs, your consent will be requested prior to downloading and installing any update to the Services.
Limitation of liability
You understand and agree that the Services are provided on an “as is” and “as available” basis. You expressly agree that use of the product is at your sole risk. To the fullest extent permissible under the applicable law, licensor and its affiliates disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title and implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, neither licensor nor any of its affiliates, nor any of their officers, directors, licensors, employees or representatives represent or warrant (i) that the product, including its content, will meet your requirements or be accurate, complete, reliable, or error-free; (ii) that the product will always be available or will be uninterrupted, accessible, timely, or secure; (iii) that any defects will be corrected, or that the product will be free from viruses, “worms,” “trojan horses” or other harmful properties; (iv) the accuracy, reliability, timeliness, or completeness of any review, recommendation, or other material published or accessible on or through the product; (v) any implied warranty arising from course of dealing or usage of trade; and (vi) that the product is non-infringing. Licensor and its affiliates hereby disclaim, and you hereby waive and release licensor and its affiliates from, any and all obligations, liabilities, rights, claims, or remedies in tort arising out of or in connection with this agreement or the product, whether or not arising from the negligence (active, passive or imputed) of licensor or any of its affiliates. you acknowledge and agree that any software or other content downloaded or otherwise obtained through or in connection with the use of the product (including any bundled third-party product or software as described in the paragraph above entitled “other websites to which the product links or refers; bundled product and other third-party software”) is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download, installation or use of such software and/or content. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.
In no event will Licensor, or any of its affiliates, or any of its or their respective officers, directors, employees, agents, representatives, partners, members, advertisers, information providers or licensors be liable for any direct, indirect, incidental, special, consequential, punitive or other damages (regardless of the form of action), or for any loss of profits, revenues, business opportunities, data or use of systems, arising out of (i) use of the product by any person, including but not limited to, any damage caused by any reliance on, or any delays, inaccuracies, defects, malfunctions, errors or omissions in, any information, content or software accessed via the Services, or (ii) any use or inability to use the product for whatever reason, including but not limited to communications failure or any other failure with transmission or delivery of any information accessed through the product. some jurisdictions do not allow these limitations or exclusions so they may not apply to you.
If any provisions of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Licensor’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Licensor’s right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
You agree to defend, indemnify, and hold harmless Licensor and its affiliates, and each of their officers, directors, employees, agents, representatives, members, partners, advertisers, information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorney’s fees, relating to or arising out of any breach of this Agreement or any use of the Services by you, or by any other person using the Services through you or using your computer.
Applicable Law, Jurisdiction and venue, Class actions
By using the Services, you agree that this Agreement will be governed by and construed in accordance with the laws of the state of Queensland, Australia, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to the Services or this Agreement shall be adjudicated in the courts of Queensland, Australia. You consent to exclusive jurisdiction and venue in such courts and irrevocably waive all claims and arguments relating to lack of personal jurisdiction or inconvenient forum. Notwithstanding this, you agree that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
To the extent permitted by applicable law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against licensor, its affiliates or its or their respective employees, officers, directors, members, managers, partners, advertisers, representatives and assigns. you agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that licensor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement and does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action.
Changes to this agreement
You agree that your continued use of the Services following the posting of any changes to this agreement and after the changes take effect will constitute your acceptance of such changes. If you do not agree to future changes to this agreement, stop using the Services after the effective date of such changes and uninstall the Services.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features or nature of the Services which Licensor provides may change from time to time without prior notice to you. We may also cease or discontinue providing the product or upgrades at any time.