Your use of ChallisUpdate's product, software and services (referred to collectively "Services" in this document and excluding any Services provided to you by ChallisUpdate under any separate agreement) is subject to the Terms of a legal agreement between you and ChallisUpdate. "ChallisUpdate" means Challis Group Services Pty Ltd A.C.N. 005 840 737 whose principle place of business is at 8 Wimmera Avenue, Hamlyn Heights, Victoria in the Country of Australia
Unless otherwise agreed in writing with ChallisUpdate then your agreement with ChallisUpdate will always include at a minimum, the Terms and Conditions set out in this document.
The Terms and Conditions form a legally binding agreement between you and ChallisUpdate in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively this agreement is referred to below as "Terms".
In order to use the Services you must first agree to the Terms. You may not use the services if you do not accept the Terms.
You can accept the Terms by:
Clicking to accept or agree to the Terms, where this option is made available to you by ChallisUpdate in the user interface for any Services; or
By actually using the Services
In this case, you understand and agree that ChallisUpdate will treat your use of the Services as acceptance for the Terms from that point onwards.
You may not use the Services and may not accept the Terms if:
You are not of legal age to form a binding contract with ChallisUpdate, or;
You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Before you continue you should print off or save a local copy of the Terms for your records.
Where ChallisUpdate has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Challis Update.
If there is any contradiction between what the English language version of the Terms says and what a translation says then the English language version shall take precedence.
ChallisUpdate is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ChallisUpdate provides may change from time to time without prior notice to you.
As part of the continuing innovation you acknowledge and agree that Challis Update may stop providing the Services to you or to users generally at ChallisUpdate sole discretion without prior notice. You may stop using the Services at any time. You do not need to specifically inform ChallisUpdate when you stop using the Services.
You acknowledge and agree that if ChallisUpdate disables access to your account you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
In order to access certain Services you may be required to provide information about yourself as part of the registration process for the Services or as part of your continued use of the Services. You agree that any registration information you give to ChallisUpdate will always be accurate and up to date.
You agree to use the Services only for the purposes that are permitted by:
The Terms, and;
Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding export of data or Software to and from Australia or other relevant countries)
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Challis Update, unless you have been specifically allowed to do so in a separate agreement with ChallisUpdate. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services)
Unless you have been specifically permitted to do so in a separate agreement with ChallisUpdate you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are responsible for (and that ChallisUpdate has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ChallisUpdate may suffer) of any such breach.
You agree and understand that you are responsible for maintaining the confidentiality of your passwords associated with any account you use to access the Services.
Accordingly you agree that you will be solely responsible to Challis Update for all activities that occur under your account.
If you become aware of any unauthorised use of your password or of your account you agree to notify ChallisUpdate immediately at www.challisupdate.com
You understand that all information (such as data files, written text, computer software and or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as "Content".
You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by ChallisUpdate or others who provide that Content to Challis Update (or by other personal companies on their behalf). You may not modify rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ChallisUpdate.
You acknowledge and agree that ChallisUpdate (or ChallisUpdate's licensors) own all legal right, title and interest in and to the Services including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and where ever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by ChallisUpdate and that you shall not disclose such information without ChallisUpdates prior written consent.
ChallisUpdate acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any content that you submit, post transmit or display on or through the Services including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and where ever in the world those rights may exist). Unless you have agreed otherwise in writing with Challis Update you agree that you are responsible for protecting and enforcing those rights and that Challis Update has no obligation to do so on your behalf.
ChallisUpdate gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by ChallisUpdate as part of the Services as provided to you by ChallisUpdate (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ChallisUpdate in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Software or any part thereof unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ChallisUpdate, in writing.
Unless ChallisUpdate has given you specific written permission to do so, you may not assign (or grant a sub license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Terms will continue to apply until terminated by you or ChallisUpdate as set out below
If you want to terminate your legal agreement with ChallisUpdate you may do so by:
Notify ChallisUpdate at any time and;
Closing your account for all of the Services which you use where ChallisUpdate has made this option available to you. Your notice should be sent, in writing, to Challis Updates address which is set out at the beginning of these Terms
ChallisUpdate may at any time, terminate its legal agreement with you if:
You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
ChallisUpdate is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
ChallisUpdate is transitioning to no longer provide the Services to users in the country in which you are resident or from which you use the Services; or
The provision of the Services to you by ChallisUpdate is, in ChallisUpdate's opinion, no longer commercially viable.
Nothing in this paragraph shall affect ChallisUpdate's rights regarding provision of Services under paragraph 4 of the Terms.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ChallisUpdate have benefited from, been subject to (or which have accrued over time whilst at the Terms have been enforced) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions contained in paragraph 14.5 shall continue to apply to such rights, obligations and liabilities indefinitely.
Nothing in these Terms including paragraphs 12 and 13 shall exclude or limit Challis Update's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied Terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that your use of the Services is at your sole risk and at the Services are provided "as is" and "as available".
In particular, ChallisUpdate, its subsidiaries and affiliates and its licensors do not represent or warrant to you that:
Your use of the Services will meet your requirements,
Your use of the Services will be uninterrupted, timely, secure or free from error,
Any information obtained by you as a result of your use of the Services will be accurate or reliable, and
Defects in the operation or functionality of any Software provided to you as part of the Services will be corrected
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from ChallisUpdate or through or from the Services shall create any warranty not expressly stated in the Terms.
ChallisUpdate further expressly disclaims all warranties and conditions of any kind, whether express or implied including, but not limited to the implied warranties and conditions or merchant ability, fitness for a particular purpose and non infringement.
Subject to overall provision in paragraph 11.1 herein you expressly understand and agree that ChallisUpdate, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, costs of procurement of substitute goods or services or other intangible loss;
Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
Any changes which ChallisUpdate may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
Your failure to provide ChallisUpdate with accurate account information;
Your failure to keep your password or account details secure and confidential.
The limitation on ChallisUpdate's liability to you in paragraph 12.1 shall apply whether or not ChallisUpdate has been advised of or should have been aware of the possibility of any such losses arising.
ChallisUpdate may make changes to the Terms from time to time. When these changes are made, ChallisUpdate will make a new copy of the Terms available to you at www.challisupdate.com and any new Terms will be made available to you from within or through the affected Services.
You understand and agree that if you use the Services after the date on which the Terms have changed ChallisUpdate will treat your use as acceptance of the updated Terms.
The Terms constitute the whole legal agreement between you and ChallisUpdate and govern your use of the Services (but excluding any Services which ChallisUpdate may provide to you under a separate written agreement), and completely replace any prior agreements between you and ChallisUpdate in relation to the Services.
You agree that ChallisUpdate may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if ChallisUpdate does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Challis Update has the benefit of under any applicable law), this will not be taken to be a formal waiver of ChallisUpdate's rights and those rights or remedies will still be available to ChallisUpdate.
If in any Court of Law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms and your relationship with ChallisUpdate under the Terms, shall be governed by the laws of the State of Victoria in the Country of Australia without regard to its conflict of laws provisions. You and ChallisUpdate agree to submit to the exclusive jurisdiction of the Courts located within the State of Victoria to resolve any legal matter arising from the Terms. Notwithstanding this you agree that Challis Update shall still be allowed to apply for injunctive remedies (or any equivalent type of urgent relief) in any jurisdiction.