PRODUCTS AND SERVICES.
In the course of using the Sellers products and services, the Buyer may be required to download content, software, and/or required to agree to additional terms and conditions. The Seller may at its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, the Buyers ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. The Buyer acknowledges and agrees that such system requirements, which may be changed from time to time, are the Buyers responsibility.
NAMED USER ACCOUNTS
A named user account means a unique user name and password, provided by the Seller to the Buyer, to access Account Services. A named user account is subject to fees and charges. A named user account is licensed for usage by the Buyer in accordance with the Agreement. A named user account may be used interchangeably by staff employed under the Buyers Australian Business Number (ABN). The details of a named user account may not be given to, or used by, a person not employed under the Buyers ABN.
RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF THE BUYER COMMUNICATIONS.
The Buyer may be required to provide information about the Buyer in order to register for and/or use certain Services. The Buyer agrees that any such information shall be accurate. The Buyer may also be asked to choose a user name and password. The Buyer is entirely responsible for maintaining the security of the user name and password and agree not to disclose such to any third party. The Buyer agrees that the Buyer is solely responsible for the content (“Content”) sent by the Buyer or displayed or uploaded by the Buyer in using the Services. The Buyer agrees that the Buyer will not use the Services to send unsolicited commercial e-mail outside the Buyers company or organisation in violation of applicable law. The Buyer further agrees not to use the Services to communicate any message or material that is harassing, libellous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. The Buyer further agrees not to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of the Seller or other users of the Services. Recognising the global nature of the internet, the Buyer also agrees to comply with applicable local rules or codes of conduct regarding online behaviour and acceptable content. The Seller reserves the right to investigate and take appropriate action against anyone who is suspected of violating this provision, including without limitation, reporting the Buyer to law enforcement authorities. Use of the Services is void where prohibited.
The Buyer agrees that the Seller may charge the Buyer credit card or other payment mechanism selected by the Buyer and approved by the Seller (“the Buyer Account”) all amounts due and owing for the products and services, including product fees, set up fees, subscription fees, or any other fee or charge associated with the Buyer Account. The Seller may change prices at any time, including changing from a free service to a paid service and charging for products or services that were previously offered free of charge; provided, however, that the Seller will provide the Buyer with prior notice and an opportunity to terminate the Buyer Account if the Seller changes the price of a product or service to which the Buyer are subscribed and will not charge the Buyer for a previously free product or service unless the Buyer have been notified of the applicable fees and agreed to pay such fees.
RESPONSIBILITY FOR CONTENT OF OTHERS.
It is possible that other users of the Services (“Users”) may violate one or more of the above prohibitions. The Seller assumes no responsibility or liability for such violation. If the Buyer become aware of any violation of this Agreement in connection with use of the Services by any person, please contact natr at firstname.lastname@example.org. The Seller may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, the Seller also reserves the right not to take any action. Under no circumstances will the Seller be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
LIMITATIONS ON USE.
The Services may be used for internal business or consumer purposes only. The Buyer will not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless the Buyer have been specifically permitted to do so under a separate agreement with the Seller. The Buyer will not offer or enable any third parties to use the Services purchased by the Buyer, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by the Buyer) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. The Buyer shall not engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or the Seller’s security systems.
The Buyer acknowledges that the Services, or portion thereof may be subject to the export control laws of Australia. The Buyer will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
THE BUYER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED “AS IS” AND THE SELLER, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SELLER, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT THE BUYERS SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT THE BUYERS OWN DISCRETION AND RISK. THE BUYER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE BUYER RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH THE BUYER. THE SELLER DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. THE SELLER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PRODUCTS. USE IS AT THE BUYERS OWN RISK.
The Buyer agrees to indemnify, defend and hold harmless the Seller its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from the Buyer’s use of the Services, the Buyer’s violation of this Agreement or the infringement or violation by the Buyer or any other user of the Buyer accounts, of any intellectual property or other right of any person or entity.