1Registration

You may or may not need to be a registered member to place orders and/or access the products available on our website. If registration is required, this will be clearly stated on our website.

When you register and activate your account, or apply to place orders and/or access our products, you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, you are responsible for keeping your username and password secure, and for all use and activity carried out under your username (if applicable).

To create an account or apply to place orders and/or access our products, you must:

• be at least 18 years of age;
• have the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to use the website in accordance with these Terms.

2Collection notice

We collect personal information about you in order to provide you with our products, and for the purposes otherwise set out in our Privacy Policy.

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. We may also disclose your personal information to recipients located outside Australia where it is necessary to provide you with our products and as permitted by law.

Our Privacy Policy explains:

1. how we store and use your personal information, and how you may access and correct it;
2. how you can lodge a complaint regarding the handling of your personal information; and
3. how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us at [email protected].

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we make all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

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 this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operation of your computer systems.

We may, from time to time and without notice, change or add to the website (including these Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. 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.

4Purchases

4.1 Purchase terms

If you purchase our products, the purchase will be governed by separate terms provided to you at the time of purchase. If no particular purchase terms are provided by us and accepted by you at the time of purchase, you will be notified via our website, or an ancillary third-party purchase site, of the one-off payment required to download the software for any such product on our website. After you purchase software, the licence serial will be available through your account and will also be sent to you by automated email.

4.2 General statement

In Australia, our goods, services and products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, or other legal rights, under the Australian Consumer Law and other applicable laws. Any and all other warranties or conditions that are not guaranteed by the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) or the Competition and Consumer Regulations 2010 (Cth) are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

5Linked sites

Our website 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.

6Intellectual 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 this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (‘Content’).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, copying the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

7Use and restriction on reverse engineering

This website is for your use and relates to commercial matters. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Further, to the extent permitted by applicable law (or unless expressly agreed by us in writing), you will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of our Content (collectively, ‘Reverse Engineering’), or permit or induce the foregoing.

8Unacceptable activity

You must not do any act that we would deem to be inappropriate, that is unlawful, or that is prohibited by any laws applicable to our website, including but not limited to:

• any act that would breach the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
• using this website 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; or
• posting or transmitting to this website any unauthorised material including, but not limited to, material that, in our opinion, is likely to cause annoyance, is defamatory, racist, obscene, threatening, pornographic or otherwise objectionable, or is detrimental to or in violation of our systems, a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

9Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website 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 this website will be secure.

We reserve the right to restrict, suspend or terminate your access to this website, any Content or any feature of this website at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up to date.

11Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Western Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.