TERMS AND CONDITIONS
ABN 99 613 450 454
(Kuter Solutions Pty Ltd ACN 613 450 454)
- This document sets out the terms under which Kuter Solutions Pty Ltd ACN 613 450 454, trading as ITgeniq ABN 99 613 450 454 (ITgeniq) provides access to its Service to you. This forms a legally binding contract between ITgeniq (or ‘we’) and you.
- In order to use or access the service, you must first agree to this agreement. If you agree on behalf of an employer or other entity, you represent that you can bind the employer or entity.
- We provide the Service, and you have a non-exclusive, non-assignable, limited right to access and use the Service.
- We will implement reasonable and appropriate industry-standard measures designed to help you secure its content used in the Service against accidental or unauthorised loss or access. We will notify you of any unauthorised third-party access of your content that we become aware of.
3. Your responsibilities
- You provide your own hardware, software and connectivity to access the Service.
- You are responsible for use of the Service by any person who accesses the Service under your service account.
- You or anyone who accesses on your behalf will not: (a) change or otherwise create derivative works of any software accessed through the Service; (b) reverse engineer or decompile the Service or do anything to derive the source code of any such software; (c) copy or change a Service; or (d) share or use the Service to provide rental, hosting or timesharing service to any other person.
- Some aspects of the Service require fees to be payable for your access to that Service. If any authority imposes a tax (including withholding tax) or fee for the import or export, transfer, access or use of a Service, then you are responsible to pay any such amount .
- We and our contractors retain all intellectual property rights in and to the Service, any service and any documentation provided under this agreement.
6. Limitation of liability and disclaimers
- The Service is provided ‘as is’ and without warranties of any kind. You bear the risk of accessing and using it. We do not make any other express or implied warranties or representations, including non-infringement of third-party rights, merchantability, satisfactory quality or fitness for purpose.
- We are not liable for any of the following, under any claim (including any indemnity) or theory of liability, even if you knew it was possible or reasonably foreseeable: (a) lost profit, revenue, business, value, market share, use, production, contracts, goodwill, actual or anticipated savings, lost or unauthorised access to content or data (including personal data); or (b) any special, indirect, incidental, punitive or consequential damage in any way.
- Our liability for all claims under this agreement are limited to any direct damages that you incur up to AUD .
- A party will (a) not disclose to any person, in any form or way, any information or documentation (including this agreement) that it receives under this agreement; and (b) keep it secure and protected to a reasonable level of care against loss, damage or unauthorised access. A party may only use or reproduce (or disclose as below) the information or documentation received to fulfil and manage its rights and obligations under this agreement.
- A party may disclose, use and reproduce such information or documentation to its employee or subcontractor, but only if that person accepts confidentiality obligations substantially the same as this agreement and the party is liable for that person’s breach.
- We may make commercially reasonable changes to terms applicable to the Service, modify the computer environment or change or withdraw a feature of the Service, by providing you reasonable notice. You accept changes by continuing to use the Service after receiving the change notice.
9. Term and termination
- This agreement starts on the date you accept, and remains in effect during the specified trial , unless terminated earlier as set out below.
- We may terminate this agreement at any time and without notice if: (a) you violate any term of this agreement; (b) you cease your business, cannot pay your debts when due, or is subject to insolvency or bankruptcy proceedings; or (c) we are required to do so by law.
- At the end of this agreement for any reason, we will terminate your access to the Service. You will return or destroy any materials received.
10. Governing law and dispute resolution
- The laws of Victoria, Australia govern all matters under this agreement.
11. Other provisions
- You may not assign any right or transfer any obligation under this agreement unless you have obtained our prior written consent.
- The parties intend that no person, other than the parties, has any cause or right of action under this agreement.
- This agreement constitutes the entire agreement of the parties relating to the subject matter of this agreement.
- Any terms that by their nature extend beyond this agreement remain in effect until fulfilled.
- The following expressions have the following meanings:
Service: your access to a specified proprietary software and technology platform that we make available on the internet through a portal, for a limited time, to enable you to evaluate its functionality and technology.
We: ITGeniq: Kuter Solutions Pty Ltd ACN 613 450 454 trading as ITgeniq ABN 99 613 450 454
You: the person who accepts this agreement, on own behalf or employer’s behalf.