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For use of the GovConnex Platform.
This licence agreement is between GovConnex Pty Ltd (ABN 33 629 740 932) (‘us’, ‘we’ and ‘our’) and the individual or company that GovConnex has agreed to supply the online and/or digital services and materials (‘you’, ‘your’).
A. LICENCE AND RESTRICTIONS ON USE
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you.
You are granted during the term of this agreement, a non-exclusive, non-transferable, limited licence to access and use the Services and Materials available via the GovConnex Platform from time to time to you for the internal purposes of (i) research or study, (ii) providing professional services to clients, and (iii) providing academic services to students.
The platform may contain features that allow your Authorised Users to create Issues from research sessions. The Issues are designed to allow Authorised Users to track and store certain information. Authorised Users are solely responsible for the content of the Issues. We are not responsible for backing up, or for any damage to or loss of any content uploaded to the Issues by you. We make no guarantees as to the uptime or availability of the Issues feature. You agree to use the Issues feature in accordance with acceptable use limitations and guidelines as may be communicated to you from time to time.
B. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our platform.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our platform or a linked website. You must take your own precautions to ensure that whatever you select for your use from our platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the platform (including the Terms) or the information on the platform. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
C. LINKED SITES
Our platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
D. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our platform and in all of the material (including all text, graphics, logos, audio and software) made available on our platform (Content).
Your use of our platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our platform or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of our platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of our platform, the Content or any part of it is prohibited, except to the extent permitted by law.
You acknowledge that the GovConnex platform may contain transcripts, policy papers, draft legislation, government publications and media releases which may be subject of any licence agreement between us and a third party. You further acknowledge that these materials may be subject to the terms and conditions of the relevant Commonwealth Government or State or Territory Government that created and/or released the materials. If there is any inconsistency between the terms of this agreement and those of the Commonwealth Government or a State or Territory Government, then the latter will prevail.
You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the platform.
E. UNACCEPTABLE ACTIVITY
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our platform, including but not limited to:
using our platform to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to our platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our platform, we have the right to take down this information at our sole discretion and without notice.
F. WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our platform will be secure.
We reserve the right to restrict, suspend or terminate your access to our platform, any Content, or any feature of our platform at any time and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The user account issued by us to an Authorised User is personal and confidential to that Authorised User. If we suspect that any user account is being used by an unauthorised user or a different Authorised User to whom it was issued, that user account may be cancelled and you may be liable for additional charges, in accordance with our current price list or catalogue for the applicable Services, in respect of any such unauthorised use.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our platform and/or the information or materials contained on it, or as a result of the inaccessibility of our platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
H. JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
This agreement is for the minimum period specified in the Price Plan Period. This agreement will automatically renew on the date following the expiration of the Price Plan Period (“Renewal”) for additional terms equal in duration to the period specified in the Price Plan Period or where not specified for additional 12 month terms unless you provide us with a notice of termination in accordance with 9(b). The price payable on renewal will be the price payable in the immediately preceding Price Plan Period, plus an annual adjustment. A pre-determined annual adjustment may be specified in your written agreement with GovConnex or customer order form, or if not, will be notified to you at least 45 days prior to the Renewal date.
Either party may terminate this subscription upon notice to the other for breach. You may terminate this agreement (in whole or in part) by giving us at least 30 days’ written notice, to expire the day before the anniversary of the commencement date or last day of the period set forth in the Price Plan Period (whichever is the later) as specified in the Order Form (”Customer Notice Period”). We may terminate this agreement (in whole or in part) by giving at least 30 days written notice. Our only obligation in this event shall be the pro rata refund of any charges paid in advance. We may suspend or discontinue providing the Services to you without notice and pursue any other remedy legally available to us if you fail to comply with any of your obligations hereunder.
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