| 1 |
General |
| 1.1 |
Your access to, and use of, this website (www.decipher.biz) is subject to the Terms of Use, and by using this website, you agree to be bound by the Terms of Use. Key terms are defined in clause 8. |
| 1.2 |
We may add to or vary the Terms of Use without notice, and any subsequent use by you of this website will constitute acceptance of those additions or variations. |
| 2 |
Decipher Service |
| 2.1 |
Subject to clauses 2.2, 2.3, 2.4, 2.5, 6.3 and 6.4, we permit you to:
| (a) |
use the Decipher Service; |
| (b) |
access Data provided by the Decipher Service; and |
| (c) |
use any Decipher Product. |
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| |
Download Limit |
| 2.2 |
If you are subject to a Download Limit, your use of the Decipher Service and access to Data provided by the Decipher Service must not exceed the Download Limit. |
| |
Staff access limit |
| 2.3 |
Unless you are subject to a Staff Access Limit, the access to and use of the Decipher Service and Data permitted under clause 2.1 is not limited to any number of your officers and employees. |
| 2.4 |
If you are subject to a Staff Access Limit, the number of your officers and employees that may use and access the Decipher Service and Data permitted under clause 2.1 is limited to the Staff Access Limit. |
| |
Limitations on use |
| 2.5 |
You must not:
| (a) |
use the Data or any Decipher Product for any purpose other than the Permitted Purpose; |
| (b) |
disclose the Data or the content of any Decipher Product to any person other than your professional advisers for the purpose referred to in clause 2.5(a); |
| (c) |
modify, reproduce or display the Data or the content of any Decipher Product other than for the purpose referred to in clause 2.5(a). |
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| |
Change in the Decipher Service |
| 2.6 |
We may, at any time and without notice to you cease, in whole or in part, providing:
| (a) |
all or any part of the Decipher Service, or modify all or any part of the Decipher Service; |
| (b) |
any Decipher Product; |
| (c) |
any Data, |
in which case we will have no liability to you in connection with that cessation or modification.
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| 3 |
Fees |
| 3.1 |
You agree to pay such fees as are notified to you from time to time for the products and services referred to in clause 2.1 and any other products or services that we provide to you. |
| 3.2 |
We reserve the right to change our prices without notice if there is a change in the GST rate. In that event, any prices which are stated as being inclusive of GST will be changed to reflect the change in the GST rate. |
| 4 |
Warranties, acknowledgements and disclaimers |
| 4.1 |
You warrant and represent that you will not engage in conduct that is prohibited under clause 2.5. |
| 4.2 |
The Decipher Service, Decipher Products and the Data contain information obtained from Providers and this website may link to or list websites containing information provided by persons other than Decipher. All information contained on this website, including information obtained from Providers, is provided in good faith. We have not verified, and are not responsible for, the content from any external internet sites listed or linked to from this website and content obtained from Providers. These Terms of Use and other content on this website do not override any disclaimers and metadata (‘fitness for use’ advice) supplied by Providers. We do not endorse any commercial product or service mentioned or advised on any of the sites listed or linked to from this website. |
| 4.3 |
We do not make any representation or warranty in relation to the accuracy or correctness of the Data or any Decipher Product, or the suitability of the Data or any Decipher Product for any purpose. |
| 4.4 |
The Decipher Service and any Decipher Product is not intended as investment advice or financial product advice, and you should obtain professional advice before making a decision in relation to any investment or financial product. |
| 4.5 |
All content within this website, Data and any Decipher Product is provided for general information only, and should not be treated as a substitute for the advice of your own business adviser or any other professional adviser. Always consult your own professional adviser if you are in any way concerned about your business. |
| 5 |
Liability |
| 5.1 |
We are not liable for any loss, damage or expense incurred by you or a third party:
| (a) |
in connection with your use of, or reliance on, this website, the Decipher Service, any Decipher Product and the Data; |
| (b) |
as a result of damage to your system in connection with the use of, or a link to, this website; |
| (c) |
in connection with your access to or use of a website provided by a person other than Decipher linked to or listed on this website. |
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| 5.2 |
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under statute or otherwise. |
| 6 |
Intellectual property |
| 6.1 |
The ownership of Intellectual Property Rights in the Decipher Service and Decipher Products at all times remains vested in us. |
| 6.2 |
The ownership of Intellectual Property Rights in the Data at all times remains vested in the Provider of the Data. |
| 6.3 |
The copyright in this website is owned by Decipher. You may only use, distribute, transmit or reproduce (including by caching):
| (a) |
the whole or any part of this website, including the structure and appearance of this website; or |
| (b) |
any or all of the information contained on this website, |
for your personal use and for the Permitted Purpose as permitted by clause 2.5. Subject to clause 2.5, this website and the information contained on it may not otherwise be reproduced and must not be distributed or transmitted to any other person or incorporated in any way into another document or material.
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| 6.4 |
Without limiting clause 6.3, you must not decompile, reverse engineer or disassemble this website. |
| 7 |
Termination |
| 7.1 |
Without limiting clause 2.6, if, in Decipher’s reasonable opinion, you breach any of the Terms of Use, we may suspend, terminate or limit your access to the website, Data, and Decipher Service or Decipher Product. |
| 8 |
Definitions |
| |
In these terms and conditions, the following meanings apply unless the contrary intention appears: |
| Data means the data and information provided by Providers to Decipher and accessible to you from the Decipher Service. |
| Decipher, us or we means Decipher Technologies Pty Ltd (ABN 89 096 375 218). |
| Decipher Product means any report, business plan, proposal or other information produced by the Decipher Service for you. |
| Decipher Service means the Internet based support services provided by Decipher as modified or expanded over time. |
| Download means the downloading of Data and Decipher Products from the Decipher Service. |
| Download Limit means the maximum quantity of Downloads permitted to be performed by you as set in terms and conditions applying to your purchase or use of any Data, Decipher Product or Decipher Service. |
| GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). |
| Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967. |
| Permitted Purpose means the lawful use of Data or a Decipher Product in the ordinary course of your business excluding commercial exploitation of the Data or a Decipher Product, and includes the purpose of preparing submissions in relation to tourism industry awards or accreditations. |
| Provider means a person who provides Data to Decipher that is used and distributed in connection with the Decipher Service. |
| Staff Access Limit means the maximum number of your officers and employees that are permitted to use and access the Decipher Service and Data as set in terms and conditions applying to your purchase or use of any Data, Decipher Product or Decipher Service. |
| Terms of Use means these terms and conditions, the Decipher privacy policy [http://www.decipher.biz/default.aspx?page_id=65] and any other notices, disclaimers, conditions or statements contained on this website including, without limitation, the terms and conditions applying to the purchase of specific products and services on or through this website. |