COVENTURED PTY LTD
(ACN 619 157 729)
TERMS AND CONDITIONS
In these terms and conditions (Terms):
These Terms are the entire agreement between the Company and you with respect to the use of the Site, Related Sites and the Services.
All prior representations and understandings, whether written or oral, are excluded.
You must comply with all policies and procedures as published by the Company on the Site from time to time.
Acceptance of these Terms can only be full. Any purported alteration of the Terms by you is not binding on the Company.
Account Information and Acceptance
You warrant that all information provided by you to us in relation to your account is true and correct.
You are responsible for protecting your login details.
Anyone who shares their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Site and Services.
You must notify us immediately if there is any unauthorised usage of your account.
There is no charge for you to create an account on our Site; however, some Site functionality may require a subscription. In the event you wish to use those aspects of our Site, you will need to purchase a subscription. Any purchase you make is governed by our payment terms.
After you have created an account on the Site and paid for a subscription (if applicable), your account will become active. Once your account is active, you will then have full use and enjoyment of the Site and the Services.
By creating an account, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
Pricing for Coventured Corporate Clients
We make available our Services available pursuant to a subscription model. The current subscription pricing is available to you on request.
If you wish to subscribe you will be required to pay the fee for the Services selected by you when setting up your account.
Subscription is annual and renews automatically on or before the end of the paid subscription year. Your initial annual subscription commences on the date you agree to these Terms by signing a copy of these Terms or agreeing to the click-wrap version of these Terms. Renewal subscriptions commence after the expiry of any prior 12-month subscription period.
Pricing is subject to change by us. We will notify you of any pricing change prior to the pricing change coming into effect.
Any Subscriber who does not agree to a price increase may discontinue its subscription at any time by providing written notice to us.
Pricing for Start-ups and Scale-ups
There is no charge for start-ups or scale-ups to create a profile, access the Site or use the Services.
Purchases must be paid via credit card, debit card or by purchase order. Purchase orders must be emailed to email@example.com for processing. Once the purchase order is received we will email you an invoice with payment details.
If you choose to pay by credit card or debit card, please note the payment transactions are not processed by us, nor do we collect, hold or receive your payment information. Our payment processor is Growthwise Pty Ltd. As we do not handle the processing of your credit or debit card purchase, you must notify any payment discrepancies to Growthwise Pty Ltd.
Use of the Services
You must not:
Subscriber and User Provided Content
The Site and Related Sites may contain information or material posted by you (Provided Content).
For all Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.
Anyone who submits Provided Content to the Site and/or Related Sites:
All right, title, and interest in and to the intellectual property subsisting in the Site and Services remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms.
All specialty software, applications, and services, and products offered or may be offered by us are maintained by us based on your agreement with us.
You may not claim ownership of any products or services created and owned by us and hosted within the Site or Services; such are the sole property of us including all intellectual property associated with such products or services.
You authorise us to use, store, reproduce and manipulate your data stored within the Site in the provision of Services to you.
Third-Party Services and Content
We may display content, advertisements and promotions from third parties through our Site (Third Party Content). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third Party Content.
From time to time, we may ask you to complete a survey relating to your use of the Services. Any survey sent to you is voluntary and is not required to be completed by you in order to continue using the Services. However, we do encourage you to complete each survey as it helps us to be more informed about the provision of Services to you.
If you complete a survey then we reserve the right to display any information provided to us from your survey. We may display this information (in whole or in part), on our Site, social media accounts or promotional materials. Any information published by us may be used for the purposes of marketing, promotion or improvement of our Services.
We reserve the right to adjust, refuse or remove information contained in your survey at our sole discretion.
You grant to us a perpetual and irrevocable licence to use, host and publish the information provided to us in your survey. The information in your survey must not contain content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.
We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site will run and perform optimally.
However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
You may not be able to use the Site due to traffic conditions on the internet, problems occurring at our upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site in a timely manner.
The Company is only responsible for providing the Site and Services in accordance with these Terms.
Information provided on the Site is for general purposes only and not as specific advice to any particular person. Any advice contained on the Site or provided by representatives of us is general advice and does not take into account your particular objectives, financial situation or needs. Before acting on any information obtained from your use of our Site or Services, you should seek assistance from your legal and financial advisers as to whether it is appropriate to your particular needs, objectives and financial circumstances. The Company and its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from any information discussed with or provided to any person or any loss or damage suffered by any person directly or indirectly through relying on any discussions, whether through the Site, the Services or otherwise.
The Site is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and Services.
Limitation of Liability
To the fullest extent permitted by law, the Company excludes all terms, conditions, warranties, and guarantees which might be implied into these Terms.
Our liability to you in respect of any claim made by you arising out of the provision of Services is limited, at our option, to the provision of the Services again or paying to provide the Services again.
Neither party will be liable for breach-of-contract damages that could not have been reasonably foreseeable on entry into these Terms.
The Company reserves the right, at its sole discretion, to modify or replace any part of these Terms.
It is your responsibility to check the Site for changes. If you access the Site after a notified change to these Terms, you are deemed to have consented to the Terms in their modified form.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site or Services (or any features or parts thereof) at any time and without liability.
We may offer new features, functionality or services through the Site. Such new features and functionality, if offered, are offered subject to these Terms.
If, in our sole opinion, you have breached these Terms, we may suspend or restrict your account with immediate effect. Suspension or restriction may occur without notice to you. If suspension or restriction occurs, you will be unable to access and use the Site and Services.
Each party may terminate this agreement without cause at any time by giving the other party 14 days’ written notice.
Each party may terminate this agreement immediately on written notice to the other party if:
If termination occurs, you will be unable to access and use the Site and Services.
If we terminate this agreement in accordance with the termination provisions above, you will receive a refund for the remaining paid subscription period, if any, after the date of termination. Notwithstanding the aforementioned, you will not receive any refund if we terminate because you have breached this agreement.
If you terminate this agreement in accordance with the termination provisions above, no refund will be provided to you for the remaining paid subscription period after the date of termination.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Applicable Law and Jurisdiction
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the Commercial Arbitration Act 2010 (NSW). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
Last updated: June 2017