TERMS AND CONDITIONS UNDER WHICH ACCESS IS GRANTED TO
The Desktop (AUST) Unit Trust, Trading as Childcare Centre Desktop [System7]
Website Terms and Conditions of Use:
This page outlines the terms and conditions under which we provide access to the information on our website www.system7qip.com.au to you. Please read these terms and conditions carefully before accessing our site. You should understand that by using the site, you agree to be bound by the terms and conditions.
We recommend that you print a copy of these terms and conditions for future reference.
Each time you log in to System7, you will be bound by these terms and conditions.
1 Acceptance and Term of this Agreement
These terms and conditions (the “Agreement”) govern the use of the System7 (the “Program”). This Agreement is between:
1.1 The Subscriber (being the individual, company or firm that has subscribed to access the Program);
1.2 The Authorised Users, being the Subscriber’s employees or agents which it enables to use the Program in accordance with Clause 3 below;
1.3 The Visitor, being casual users accessing sample pages and links; and
1.4 The Desktop (AUST) Unit Trust, Trading as Childcare Centre Desktop [System7], ABN: 20 213 055 958, whose registered office is situated at Level 1, 9-13 Bibby St,Chiswick NSW 2046, Australia.
This Agreement will continue in force for as long as System7 provides access to the Program to the Member or Authorised User. System7 will notify the Subscriber or Authorised User of any significant changes to this Agreement. If the Subscriber or Authorised User accesses the Program after such notification, they will be deemed to have accepted the changes.
System7 has the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
Note that System7 is a Program intended for use by businesses and not consumers and that you may not use the Program if you are under 18 years of age. If you accept these terms and conditions on behalf of a corporate buyer, you represent that you are authorised to do so. If you are not so authorised, nor deemed in law to have such authority, you assume sole personal liability for the obligations set out in these terms and conditions of use.
If you are using System7 as a visitor, and accessing Sample information and links only, you are still bound by the same terms and conditions that apply to Subscribers and authorised users of the Website.
2 Program Availability
2.1 System7 will publish the Program on the Internet in HTML format. The Subscriber or Authorised User is responsible for obtaining, maintaining and operating, at its own expense, a terminal or personal computer system, telecommunications connection and such other equipment, software and facilities as are necessary to enable it to gain access to the Program in this format.
2.2 System7 intends the Program to be available to Subscriber and Authorised Users 24 hours a day. However, System7 cannot guarantee and cannot accept responsibility if the Program is not available to this extent.
2.3 System7 may suspend the Subscriber’s or Authorised User’s access to the Program temporarily and without notice if there is a failure of the computers or systems of System7 or one of its service providers, if System7 is required to conduct any maintenance or repair to the Program or associated systems, or if such suspension is necessary due to an occurrence beyond System7’s reasonable control.
2.4 System7 will not be liable for any loss or damage howsoever arising resulting from any technical problems beyond the control of System7 relating to or connected with the use of the Program by the Subscriber or Authorised User, including technical problems caused by third party service providers used by the Subscriber or Authorised User to gain access to the Program or to the Internet generally.
2.5 System7 will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
System7’s performance under this Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
3 Access Control
3.1 Each Subscriber or Authorised User will have access to all of the information and calculations which are available through the Program without limitation.
3.2 System7 will allocate to the Subscriber or Authorised User, usernames and passwords for the purpose of providing access to the Program.
3.3 Usernames and passwords allocated to the Subscriber or Authorised User may be changed by System7 at any time and, as relevant, any such changes will be promptly notified to the Subscriber or Authorised User.
3.4 The Subscriber or Authorised User agrees to keep confidential any password or username referred to in clause 3.2. The Subscriber or Authorised User will be liable for any loss or damage (including without limitation loss of profit) to System7 caused by a breach of the obligation of confidentiality.
4 Program Content
4.1 System7 does not accept any responsibility for the accuracy or content of documentation, information or calculations provided in the Program.
4.2 System7 will use reasonable efforts to ensure that all documentation, information and calculations included in the Program which has been produced by System7 are accurate and up to date.
4.3 System7 may from time to time publish on the Website materials provided by third parties. System7 does not monitor or edit such documents and does not accept responsibility for their contents.
4.4 The Program may contain hyperlinks to the websites of third parties. System7 does not accept responsibility for the content of any such websites in any way whatsoever. System7 does not accept any responsibility for any loss or damage the Subscriber or Authorised User or any other party may suffer arising out of its access to such websites, including but not limited to damage or loss arising from its use of or reliance upon information contained within such websites.
5.1 The Subscriber or Authorised User represents a single Licence (Subscription). Information and resources provided by System7 is restricted to the Subscriber or Authorised User and cannot be shared or distributed to other childcare services. Corporate rates apply to childcare organisations if a group rate is requested. A single license (Subscription) can be an individual educator or childcare service (Owner / Director or Authorised User).
5.2 The Subscriber or Authorised User may use the Program for business purposes only. The Subscriber or Authorised User must not reproduce, distribute, reverse engineer, copy, modify or reformat the Program or the resources comprised within it nor take any action to remove or hide the display of copyright and other professional notices contained on the Program except to the extent permitted by law.
5.3 The Program and the resources comprising it are the copyrighted work and property of Childcare Centre Desktop [System7]. The Subscriber or Authorised User will not use the Program in any way which may infringe the intellectual property rights (including but not limited to any right of copyright or any trade mark), any right of confidentiality, or any other proprietary interest, that System7 may have in the Program.
5.4 The Subscriber or Authorised User acknowledges that the copyright and any other intellectual property rights in the Program remain with System7 or our licensors, and may not be used by them for any purpose other than their lawful use and in accordance with this Contract.
6.1 System7 will make all reasonable attempts to exclude viruses from the Website and Program, but cannot guarantee that such attempts will be successful. The Subscriber should, therefore, take such steps in respect of any such risk as are appropriate to its business.
7.1 System7 will not disclose Subscriber or Authorised User information to anyone outside System7 unless such disclosure has been authorised by the Subscriber or Authorised User or is otherwise required by law, regulation or an order of the Court.
7.2 System7 monitors, and is able to produce usage statistic reports (the “Reports”) relating to, individual Subscriber’s or Authorised User’s access to the Program and the documentation included in the Program. The Reports are only available to System7. The Reports are used by System7 to evaluate and improve the Program, and the products and services we provide.
8.1 System7 will not be liable for any incidental, indirect or special loss or damages (including without limitation loss of profits, business, goodwill or data) howsoever arising out of or incurred by the Subscriber or Authorised User in connection with or relating to the Program regardless of whether the possibility of such damages was disclosed to, or could reasonably have been foreseen by it, and System7 shall not be liable for any loss or damages (including without limitation loss of profits, business, goodwill or data) howsoever arising or incurred by the Subscriber or Authorised User in connection with or relating to the use of the Program by the Subscriber or Authorised User in breach of this Agreement.
8.2 Nothing in this Agreement shall limit or exclude System7 liability for fraudulent misstatement, death or personal injury resulting from Childcare Centre Desktop’ negligence, or any other liability, the limitation or restriction of which is prohibited by law.
9.1 The contract between the Subscriber, Authorised User and System7 is binding on all parties and on our respective successors and assigns. Subscriber and Authorised Users may not transfer, assign, charge or otherwise dispose of the Contract, or any of their rights or obligations arising under it, without our prior written consent.
9.2 System7 may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9.3 Contracts for access to the Program will be governed by Australian law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of Australian courts.