(a) We, Kalysys Trading Pty Ltd ACN 65 632 727 961 (“we”, “us”, or “our”), provide software as a service to help our clients manage their business data by assisting clients with cloud-based data storage, CRM, order management, project management and compliance management as well as consulting implementation services (collectively, “Service”).
(c) These Terms may be amended by us at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.
2. Access to Site
(a) To access our Service, you may sign up for a member account (“Account”). By signing up for an Account, you accept the Terms as a condition of joining as a member (“Member”).
(b) To use our Service, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, and password (“Registration Information”).
(c) If your Registration Information changes, you must promptly update your Account to reflect those changes.
(d) By signing up for an Account, you agree that:
(i) you are responsible for maintaining the confidentiality of your Registration Information at all times;
(ii) your access to and use of the Site is non-transferable;
(iii) we may deny anyone access to an Account, our Service or the Site at any time and for any reason without notice; and
(iv) we are not obliged to confirm the identity of the Site users, including Members.
3. Use of Site
By accessing the site, you shall:
(a) use the Site for lawful purposes only;
(b) not commit any act, engage in any practice or omit to commit any act that:
(i) is harmful to our systems, reputation or goodwill; or
(i) interferes with the integrity of the Site, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) not create accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not restrict, or attempt to restrict, another user from using the Site; or
(e) not encourage or facilitate violations of the Terms.
4. Intellectual Property
(a) In these Terms, “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade-marks, design rights, trade secrets, circuit layouts, source codes,domain names, know-how and other rights of a similar nature worldwide, whether registered or unregistered, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property) in the Site or to the material (including all text information and content, graphics, logos and software) made available to you on the Site (collectively, “Site Content”). Your use and access of the Site do not grant or transfer any rights, title or interest to you in relation to the Site Content.
(c) You may view the Site using a web browser or mobile device, and electronically copy and print in hard copy the Site Content solely for your personal and non-commercial use.
(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.
5. Licenses and User Content
(a) We grant you a limited, worldwide, non-exclusive, royalty-free, and revocable licence (“Licence”) to electronically access and use the Site and our Service in accordance with these Terms.
(b) You are solely responsible for any material, content or data that you:
(i) post, publish or otherwise transmit through the Site, if available; or
(ii) obtain through accessing or using the Site (collectively, “User Content”).
(c) Your User Content must:
(i) not infringe any law, third party intellectual property rights or any other contractual or proprietary rights of a third party;
(ii) not contain abusive, homophobic, defamatory, libelous, hateful, discriminatory, obscene, inflammatory or racist language; and
(iii) not harass, bully or intimidate any person.
(d) You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, remove, copy, store and exploit your User Content for our business or commercial purposes.
(e) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to notify us of any inappropriate or illegal content. We reserve the right to remove any User Content for any reason without prior notice.
6. Third-Party Links
The Site may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.
8. Exclusions and Limitation of Liability
(a) To the maximum extent permitted by law, we exclude all representations and warranties relating to the subject matter of these Terms, our Site and the use of our Service. This exclusion includes, but is not limited to:
(i) the completeness, truth, suitability, quality or accuracy of the information or Service descriptions published on our Site (including third-party material and advertisements);
(ii) whether any result or objective can be achieved or attained by accessing the Site;
(iii) any other user’s conduct;
(iv) that the information on the Site is current; or
(v) any Service or the Site will remain available.
8.2 Limitation of liability
(a) Everything on the Site is provided to users “as is” and “as available”. None of our affiliates, directors, officers, employees, agents, contributors and licensors makes any representation or warranty about our Service referred to on the Site. This includes, without limitation, loss or damage which you may suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, virus or any other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) costs incurred as a result of you using the Site and our Service; or
(iii) any defamatory, threatening, offensive or unlawful conduct by third parties, or publication of any materials relating to or constituting such conduct.
(b) Pursuant to section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”), this clause 8.2 applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited at our option to:
(i) re-supply of services; or
(ii) the payment of the direct cost of re-supply of services.
(a) You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, any User Content, your breach of the Terms or any rights of third parties, except to the extent that we directly caused or contributed to the loss, damage, liability, claim or expense.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
(a) We reserve the right to:
(i) cease operating the Site, without notice and for any reason; or
(ii) to terminate our relationship with you without notice and with immediate effect, if you, in any way, breach the Terms;
(b) If one of the events described in clause 10(a) occurs, then:) you will not have any access to the Site or ser Content; and
(ii) we will not be liable for any losses arising as a result of terminating your access to the Site.
11. No Waiver
(a) No waiver of rights in these Terms, any of our policies, or agreement between us and a Site user shall constitute a subsequent waiver of this or any other right under these Terms.
(b) Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent that it will not affect the enforceability or validity of the remaining provisions.
13. Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.
14. Feedback and Contact
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service (“Feedback”).
You may submit Feedback by contacting us on 1300 94 94 68 or by email at firstname.lastname@example.org.
Terms last updated 12/11/2018.