Terms and Conditions

1 INTRODUCTION

1.1 These Terms and Conditions (“Terms”) govern your use of the Website owned by Simple Technology Pty Ltd ABN 45 131 199 776 (in these terms and conditions for convenience called “Simple”), located at www.simplehq.co (“the Website”). Your access to and use of the information, materials and services provided on this website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this website (“Terms”). Your use of this site will mean you accept these Terms.

1.2 For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact Simple at privacy@simplehq.co

1.3 By using the Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Website.

1.4 You represent and warrant to us that you have the legal capacity to enter these Terms and are over 18 years of age.

 

2 USE OF THE WEBSITE

2.1 Simple grants to you a non-exclusive, worldwide, revocable, non-transferable licence to use the Website in accordance with these Terms.

2.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal or internal use.

2.3 For your convenience, this website may contain links to other websites (“third party sites”). We have no control over third party sites and cannot be responsible for the content or accuracy of the information or other materials on third party sites. Unless expressly stated on this website, the provision of a link to a third party site should not be taken as any form of endorsement or approval of that site or any of the products, information or services on that site. We also make no warranty and accept no liability in relation to material on third party sites.

2.4 You acknowledge and agree that:

2.4.1 Simple retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its sole discretion; and

2.4.2 Simple may terminate your use of the Website at any time, at its sole discretion;

2.4.3 the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and

2.4.4 these Terms cannot be altered by:

2.4.4.1 any user; or

2.4.4.2 any third party.

2.5 These Terms govern your use of the Website – should you seek to procure any services from Simple, such procurement will be on separate terms and conditions as agreed at the time.

 

3 INTELLECTUAL PROPERTY RIGHTS

3.1 Simple is the owner of the trade marks contained on the Website, including the name “Simple” and the Simple logo. These trade marks may not be used without Simple’s prior written consent.

3.2 All materials contained on the Website are protected by copyright, including all names, logos, data, information, graphics, and underlying software, either displayed or available from the website. These are only available for your personal use in the course of using the website.

3.3 Except only to the extent that may be permitted by relevant copyright legislation, you must not use, copy, modify, download, transmit, store, publish, broadcast or distribute the material on the website or create other material using material on this website, unless expressly provided for in these Terms or with Simple’s express written permission.

 

4 LIMITATION OF LIABILITY/DISCLAIMERS

4.1 The information and facilities provided by this Website is provided for your convenience. Simple makes no warranties regarding the Website, including but not limited to the following:

4.1.1 the reliability, accuracy or completeness of any information contained on the Website;

4.1.2 that your access and use of the Website will be uninterrupted or error free;

4.1.3 the reliability, quality or fitness for a particular purpose of any products referred to on the Website (subject to any consumer guarantees prescribed by the Australian Consumer law);

4.1.4 that the pages of the Website, or the server that makes them available are free of any viruses or other harmful elements that may interfere with or damage the operation of your computer system; or

4.1.5 as to the strength or effectiveness of any encryption or other security measures adopted in relation to the transmission of information from this website.

4.2 To the full extent provided by law, Simple (for itself and all of its officers, employees, agents and contractors) disclaims all liability to you or anyone else claiming through you in relation to your use of the Website, including but not limited to the following:

4.2.1 any loss or damage howsoever arising (whether contractually, in tort including negligence, or otherwise) which may be incurred either directly or indirectly in connection with your use of this website;

4.2.2 any damages of whatever nature, including special, indirect or consequential (whether arising contractually, in tort or by statute), including loss of revenue or damage to data or information incurred in connection with the use of this website;

4.2.3 any interference or damage to your computer system in connection either with the use of this website or a third party site; or

4.2.4 unauthorised access to information which you provide by transmission from this website.

 

5 PRIVACY

5.1 We consider your privacy to be a very important matter. Simple’s use of your information (including personal information) is governed by its Privacy Policy, which can be accessed [here]. For an overview of how Simple uses information, you can also refer to our Privacy Disclosure Statement, which can be accessed [here].

5.2 You acknowledge and accept that any third party carriage service used in the provision of this Website carries an inherent risk of data breach, and that Simple cannot be held liable or responsible for any breach of data security in relation to such carriage services, or any loss or damage caused by such a breach.

5.3 You agree that Simple may use your contact details to facilitate the ongoing provision of communications to you regarding offers and news related to the services Simple provides.

6 TERMINATION AND CHANGES TO THE TERMS

6.1 Simple reserves the right to amend, modify, add to, delete or make any corrections to the Website at any time without notice.

6.2 These Terms terminate automatically if, for any reason, Simple ceases to operate the Website.

7 GENERAL

7.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.

7.2 You indemnify Simple for any loss or damage suffered by Simple as a result of any breach of these Terms by you, or any action taken or omission made in relation to your use of the Website.

7.3 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

7.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms.

7.5 These Terms is governed by the laws of Queensland, Australia and each party submits to the exclusive jurisdiction of the courts of Queensland, Australia.

Last Modified: October 2017

 

 

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