Cloudscene General Terms
Welcome to the Cloudscene website. These General Terms set out the terms and conditions that apply to your access and use of this website and any Cloudscene services made available to you on this website. By visiting or using this website, you agree to be bound by these General Terms, which constitute an agreement between you and Cloudscene Pty Ltd (ACN 603 822 493) of Level 17, 333 Ann Street, Brisbane, Australia (“we”, “us” or “our”). If you do not agree, you should not use this website.
We may make changes to these General Terms at any time by posting the updated terms on this website. The updated General Terms will take effect immediately on posting. By visiting or using this website at any time after any update, you agree to the updated version of the General Terms.
- The entire content of this website, including information, data, content, visual interfaces, interactive features, graphics, design, computer code, software, reports and other usage-related data in connection with this website (the Material) is owned by us or our content providers. The compilation of Material on this website is owned exclusively by us.
We grant you a limited, non-exclusive licence to use this website only as permitted by these General Terms. Under this licence you must not:
- reproduce, modify, copy, distribute, transmit, communicate, display or publish this website or any Material without our express prior consent or the consent of the relevant copyright owner;
- use the website or any Material for any commercial purpose or for any public display, without our express prior consent;
- attempt to decompile or reverse engineer this website, or any Material;
- transfer this website or any Material to any person or “mirror” this website or any Material on any other server;
- whether through the use of additional software or by any other means, data mine or conduct automated searches on this site or the data contained in it; or
- take any action that imposes an unreasonable burden on our infrastructure or interferes with this website, our systems or data or those of any third party via this website.
- You acknowledge that any breach by you of this clause may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this clause, we may seek injunctive relief against you.
The images, logos and names on this website which identify Cloudscene are our proprietary marks (Marks). The Marks must not be used:
- in connection with any product or service that is not one of our services;
- in any manner that is likely to cause confusion among customers; or
- in any manner that is derogatory.
- You may not frame or use framing techniques to enclose any Mark or other proprietary information (such as images, text or forms) or use meta tags or “hidden text” using any Mark, without our prior written consent.
- We grant you a limited, revocable, non-exclusive right to create a link to this website, provided that the link does not represent us or any of our content providers, or any of their services, in a misleading, disparaging or otherwise offensive manner. You may not use any Mark (other than our name) as part of the link, without our express prior consent.
- The images, logos and names on this website which identify Cloudscene are our proprietary marks (Marks). The Marks must not be used:
- The information on this website may contain delays, errors and omissions. We aim to provide accurate and up to date information on this website. Our editors obtain and compile business addresses, names, phone numbers, mappable locations and other business information from public sources that are believed to be reliable. However, we do not audit this information before including it on this website, nor is it endorsed or certified by any person.
We do not warrant or represent:
- the suitability, completeness, accuracy or currency of any information on this website;or
- that any services provided by us or by third parties referred to on our website, will be uninterrupted, error free, secure, free of viruses or other harmful components, timely or suitable for your purposes.
- The material and information contained in this website is not intended to be advice and your use of this website is at your own risk. You may not rely on this website and should always seek independent advice before making any business decision. We assume no responsibility for any errors or omissions or for the results obtained from the use of such material. If you have any feedback in relation to any of the Material or this website please email us at email@example.com
- Any information or content you post or submit to us (including all advertisements, photos and creative designs, feedback, suggestions, comments, forum posts, public messages, reviews and ratings) must be your own works or works which you are using with the owner’s consent (Your Content).
- You grant us (or warrant that the owner of such information has expressly granted to us) a worldwide, non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, edit, translate, create derivative works from, distribute, disseminate, communicate, perform and display your name and Your Content alone or as part of other works in any form, media or technology whether now known or developed in the future.
You warrant that Your Content:
- does not breach any applicable laws, regulations, standards or codes;
- does not infringe any third party’s rights;
- is not misleading or deceptive or likely to mislead or deceive;
- does not contain material that is unlawful, threatening, defamatory, obscene, indecent or otherwise offensive; and
- does not contain any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of this website or any of our users.
- Content or information that you post or submit to us to be posted on this website is subject to review, modification and deletion without notice by our website administrator.
- We may block your access to this website and/or suspend or terminate your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that breaches these General Terms or is unlawful or otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Third party services and websites
- We do not examine, determine or warrant the competence, solvency or information of any service provider or facility listed in this website. We rely on the service providers and facilities listed in our directories to provide accurate information and we assume no responsibility for verifying the information provided.
- This website may contain links to websites operated by third parties. These websites are not under our control and we are not responsible for, and do not endorse, any websites or services operated by third parties. You access and use third party websites at your own risk.
- You must register and obtain a service account in order to submit information to this website. You must not disclose your password to any third party and are responsible for keeping it confidential. If you believe that there has been unauthorised use of your account your must notify us immediately or change your password. You are responsible for all use of your service account.
- Your agents, employees and representatives must be at least 18 years old to access our services on this website. We may assume that any request we receive from your agents, employees or representatives is authorized by you.
- We may vary the services or service tiers we offer at any time, including by adding or removing functionality or features. It is your responsibility to ensure you understand the functionality and features of our services before you place your order.
When you use our services, you must:
- comply with all applicable laws, regulations and codes of conduct;
- comply with our policies relevant to that service;
- comply with our reasonable directions concerning your use of our services; and
- use our services for business purposes only and not for re-supply or resale.
- This website has a service availability target of 99.5%. If a particular service is unavailable (other than due to your acts or omissions, a third party’s acts or omissions or us suspending the service under clause 8) for 12 consecutive hours after you have notified us of that fact, we will extend the service period of the affected service by a period equal to to the period of unavailability. This will be your only remedy in the event of any service failure or interruption.
- We may investigate any misuse of our services, including in conjunction with law enforcement agencies.
Access, suspension and termination
- We may block your access to this website and/our our services if we believe your access is not for a legitimate business purpose, is inconsistent with the way this website or our services are intended to be used or adversely affects us.
- We may block your access to this website and/or terminate your service account without notice if we, in our sole discretion, determine that you have engaged in conduct that breaches these General Terms or is unlawful or otherwise inappropriate.
We may suspend a service:
- if we, in our sole discretion, determine that have engaged in conduct that breaches these General Terms or is unlawful or otherwise inappropriate;
- if we believe we need to do so to comply with any law or an order of any government body; or
- where there are technical problems with the Service or where we are maintaining or repairing a service.
- If we suspend a service, we will extend the expiry date of your service period to account for the suspension, unless the suspension is due to your failure to comply with these General Terms. This will be your only remedy in the event of a service suspension.
To the extent permitted by law, we exclude all statutory or implied conditions or warranties, including any implied warranties or conditions of merchantability or fitness for a particular purpose. Our liability for non-excludable conditions and warranties in respect of services is limited (where it can be limited) to:
- supplying the relevant services again; or
- paying you the cost of having the relevant services supplied again.
Neither we nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers are liable (whether in contract, negligence or any other tort, under any statute or otherwise) for:
- any damages of any kind that are indirect or consequential;
- any loss or corruption of any data, interruption to business, loss of revenue, loss of sale, loss of profits, loss of business or any other economic loss or any loss of goodwill; or
- any failure caused by an event which is beyond our reasonable control.
Neither we nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers are liable (whether in contract, negligence or any other tort, under any statute or otherwise) for any loss, damage or expense (Loss) that you or any person suffers or incurs arising out of or referable to:
- your access to, inability to access or use of this website or the Material; or
- your access to, inability to access or use of any website that is not operated by us; or
- any services that are not provided by us.
- Without limiting clause 11(c) and to the extent permitted by law, our total liability for any Loss you incur arising out of or referable to these General Terms shall not exceed the greater of the amount of fees paid by you for the particular service provided or AUD 50.
- You indemnify us and agree to hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all Loss arising directly or indirectly from your use of this website, any activity related to your service account or your breach of these General Terms.
- To the extent permitted by law, we exclude all statutory or implied conditions or warranties, including any implied warranties or conditions of merchantability or fitness for a particular purpose. Our liability for non-excludable conditions and warranties in respect of services is limited (where it can be limited) to:
Changes to this website
- We may, at any time and at our sole discretion, change, remove, discontinue or disable access to Material which forms part of this website or remove or disable links or references to websites operated by Third Party Providers. We may discontinue operating this website at any time without notice to you.
- Notifications and notices issued under the Copyright Regulations 1969 (Cth) safe harbour scheme should be sent to our designated representative via email at firstname.lastname@example.org or post at Level 17, 333 Ann Street, Brisbane, Australia
- The indemnities and limitations of liability in these General Terms are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Our relationship with you under these General Terms is one of independent contractors and not of partnership, joint venture or principal and agent.
- We will send any legal notices or communications regarding your service account to your nominated email address. Any formal notices or communications should be sent to our postal address set out in clause 12(a). A notice sent to you by email will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
- All rights not expressly granted in these General Terms are reserved by us.
- If a provision of these General Terms is void, voidable, unenforceable or the invalid part severed, the remainder of this Agreement will not be affected.
- No failure, delay or indulgence by a party in exercising any power or right conferred by these General Terms will operate as a waiver of that power or right.
- We may assign, novate or transfer any of our rights or obligations under these General Terms without your consent. You may not assign, novate or transfer any of your rights or obligations under these General Terms without our prior written consent.
- These General Terms are governed by the laws of Queensland, Australia.