TERMS OF USE
Last updated on 13/05/2016.
Definitions
Wallaby Tracks Software (together with its affiliates and
subsidiaries, "we", "us", "our" and terms of
similar meaning) provides this Web site (this site and any software provided by
the Company for use with the site, the "Site") to you subject to these
terms of use (these "Terms"). In these terms we describe users
("Users") of the Site as both registered and unregistered users.
Please read these Terms carefully before using the Site. By
accessing, using or browsing the Site you agree to be legally bound by these
Terms and all terms, policies and guidelines incorporated by reference in these
Terms. If you do not agree with these Terms in their entirety, you may not use
the Site and may choose to exit the Website.
Changes to the Website
The Company reserves the right to change or modify any of the
terms and conditions contained in these Terms, or any policy or guideline of
the Site, at any time and in its sole discretion. Services Registration and Membership Website Content
At present we do not charge any fees or other charges for the
use of the Site. In these Terms the content on the Site, including all
information, data, logos, marks, designs, graphics, pictures, sound files,
other files, and their selection and arrangement, is called
"Content". Content provided by Users is called "User Content".
User Content is that User's property. The Company’s only right to that User
Content is the limited licenses to it granted in these Terms.
The services we provide through the Site are for your own use
only. You may not resell, lease or provide them in any other way to anyone else.
If you register for an account on the Site, you agree to (a)
provide accurate, current and complete information as may be prompted by any
registration forms on the Site ("Registration Data"); (b) maintain the
security of your password; (c) maintain and promptly update the Registration
Data, and any other information you provide to the Site, and to keep it
accurate, current and complete.
Other than the User Content, the Site, all Content and all
software available on the Site or used to create and operate the Site is the
property of the Company or its licensors, and is protected by Australian and
international copyright laws, and all rights to the Site, such Content and such
software are expressly reserved.
Your User Content is your responsibility. We have no
responsibility or liability for it, including any loss or damage it may cause
to other people. Although we have no obligation to do so, we have the absolute
discretion to remove, screen or edit without notice any User Content posted or
stored on the Site.
We do not claim any ownership interest in your User Content,
but we do need the right to use your User Content to the extent necessary to
operate the Site, and provide the services provided by the Site, now and in the
future.
Third-Party Websites
The Site may contain links to third-party Web sites
("Third-Party Sites") and third-party content ("Third-Party
Content") as a service to those interested in this information. You use
links to Third-Party Sites, and any Third-Party Content or service provided
there at your own risk.
The Site, the Content and the services provided by the Site
are provided to you on an "as is" basis without warranties from the
Company of any kind, either express or implied.
Indemnification
and Safety
While the Company attempts to make your access to and use of
the Site safe, the Company does not represent or warrant that the Site or any
Content are free of viruses or other harmful components.
You shall defend, indemnify and hold harmless Company and the
other Released Parties from any loss, damages, liabilities, costs, expenses,
claims and proceedings arising out of your use of the Site and from the use of
the Site by any person to whom you give access to your account, including any
claims made by any person that any of your User Content infringes the rights,
including the intellectual property rights, of any third party.
Jurisdiction
These terms of use are governed by the laws of the Australian
Capital Territory, Australia and you agree to submit to the exclusive
jurisdiction of the courts of the Australian Capital Territory. You and the
Company both benefit from establishing a predictable legal environment in
regard to the Site. Therefore, you and the Company explicitly agree that all
disputes, claims or other matters arising from or relating to your use of the Site
will be governed by the laws of the Province of Tasmania and the federal laws
of Australia applicable therein. The United Nations Convention on Contracts for
the International Sale of Goods does not apply to these Terms.