Cloudscene Website Terms
These terms set out the terms and conditions that apply to your use of the cloudscene.com platform (including its websites, any subdomains of those websites, mobile sites, apps and APIs (together, “our Platform”). If you browse or access any content or data on our Platform, you agree to be bound by these terms and all applicable laws. If you do not agree, you should not use our Platform.
Cloudscene may make changes to these terms at any time, without notice. By browsing or accessing content or data on our Platform at any time after any update, you agree to the updated version of these terms.
These terms are intended for the benefit of Cloudscene, its related entities, and their respective directors, officers, employees, agents and contractors (“Personnel”).
The entire content of our Platform, including information, data, content, visual interfaces, interactive features, graphics, design, computer code, software, reports and other usage-related data is owned by Cloudscene Pty Ltd (ACN 603 822 493) or its licensed source. The compilation of content on our Platform is owned exclusively by Cloudscene.
Cloudscene grants you a limited licence to access and use our Platform for personal, non-commercial transitory viewing, provided that you do not modify our Platform and you retain all copyright, trademark and proprietary notices. You must seek Cloudscene’s prior written consent if you wish to use our Platform beyond this limited licence.
RESTRICTIONS ON USE
Our Platform is for genuine bona fide users interested in exploring new business opportunities and collating data customized to the individual needs of the user’s business. By browsing or accessing content on our Platform, you warrant that you are such a user. You must not use our Platform or any information or content on our Platform to the competitive disadvantage of Cloudscene, its related entities and their Personnel.
Without limiting the above, in using our Platform, you must not (and must not allow a third party to):
- copy or disclose to any person our Platform or any content on our Platform (including by scraping, copying and pasting or taking screenshots), other than as expressly permitted by these terms;
- use any automated method or process (including data scraping, collection or accumulation tool, robot, spider or scripts) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analyzing, modifying or repackaging our Platform or any content or information on our Platform;
- use or index any content or data on our Platform for purposes of:
- constructing or populating a searchable database of cloud and connectivity services,
- building a database of cloud and connectivity service information; or
- competing with Cloudscene in any manner that we have not specifically authorized;
- use systematic, repetitive or any other methods which are designed to obtain or request a large number of quotes or other pricing and related information from our Platform;
- take any action that will or may place an unreasonable burden on our infrastructure or that interferes or attempts to interfere with the proper working of our Platform;
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
- reverse engineer, disassemble or otherwise attempt to construct or identify our Platform’s source code, formulas or processes;
- transmit any “spamming material” or any other form of bulk communication, whether commercial in nature or not;
- publish or disseminate any material which is unlawful, defamatory, indecent, offensive or inappropriate;
- impersonate any person or entity;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- use any content on our Platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available.
Cloudscene recognizes that genuine bona fide users may have a legitimate need to access customized data collated using our Platform (such as search results, quotes and URLs which are specific to the individual needs of the user’s business) at a later time.
Cloudscene therefore allows genuine bona fide users to manually copy and paste or screenshot customized data for the purpose of facilitating subsequent access to that data, provided that access is for the user’s internal business purposes. For example, a user may copy customized search results and store those results in a CRM for use by its internal account managers or may copy and paste URLs to a spreadsheet to facilitate access to this information by its sales people.
However, to avoid doubt, this does not allow you to:
- collate or copy large or complete subsets of data or lists;
- use any process or method to automate the extraction of data; or
- engage a third party to extract data on your behalf.
You may use our Platform to contact third party providers to obtain quotes and other information relevant to services provided by those parties (“Quotes”). Your use of Quotes and other information provided to you by third party providers is at your own risk.
Without limiting clause 2, you must not use our Platform to contact third party providers:
- promoting or selling your own services;
- using a false email address;
- using a personal email address;
- using another person’s email address or contact details without their express permission;
- requesting duplicate or an unreasonable number of quotes.
Cloudscene may, but is under no obligation to, monitor the content of your contact with third party providers. This may result in a delay in sending or receiving emails. Cloudscene may, but is not obliged to, edit the content of your emails or delete your emails (without being sent) at any time without notice and without liability to you.
Cloudscene does not warrant the suitability, completeness, accuracy or currency of any Quote or other information you receive from any third party using our Platform. Cloudscene disclaims all liability and responsibility for any loss, damage or expense (including special, indirect, consequential loss, loss of profit or revenue, loss of goodwill, loss of data or business interruption) (“Loss”) arising out of or relating to anything contained in or omitted from any Quote, or any other information provided by a third party.
Cloudscene does not warrant that emails sent or received using our Platform will be free from viruses and accepts no responsibility for harmful computer code that might be introduced to your systems by using our Platform to send or receive emails. Cloudscene does not warrant that the sending or receiving of emails will be uninterrupted, timely or secure.
The images, logos and names on this website which identify Cloudscene are our proprietary marks (“our Marks”). Our Marks must not be used:
- in connection with any product or service that is not a Cloudscene product or service;
- in any manner that is likely to cause confusion among customers; or
- in any manner that is derogatory to Cloudscene.
You may not frame or use framing techniques to enclose any of our Marks or other proprietary information (such as images, text or forms) or use meta tags or “hidden text” using any of our Marks, without Cloudscene’s prior written consent.
LINKING TO OUR PLATFORM
Cloudscene grants you a limited, revocable, non-exclusive right to create a link to any page on our Platform, provided that the link does not represent Cloudscene or any of our service providers, or any of their services, in a misleading, disparaging or otherwise offensive manner.
You may not use any of our marks (other than Cloudscene’s name) as part of the link, without Cloudscene’s prior written consent.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
THIRD PARTY SERVICES
Our Platform provides an information service to obtain quotes and compare products and services from third parties on the basis of particular criteria you select. Cloudscene does not examine, determine or warrant the competence, solvency or information of any service provider listed on our Platform. Your use of third party services is at your own risk.
Cloudscene disclaims all liability and responsibility for any Loss arising from any services provided by a third party.
THIRD PARTY WEBSITES
Our Platform includes links to websites operated by third parties. Those third party websites are not under Cloudscene’s control and Cloudscene is not responsible for, and does not recommend, those websites. You access and use third party websites at your own risk.
Cloudscene makes no representation about the accuracy of any information contained on any third party websites and is not responsible for any Loss arising from any person using, accessing or attempting to access those websites.
CONTENT PROVIDED BY YOU
Any information or content that Cloudscene permits you to host, share, publish, post, store or upload to our Platform (including all data, text, video, still images, audio, 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”). Your Content must not:
- breach any applicable laws, regulations, standards or codes;
- infringe any third party’s intellectual property rights;
- contain material that is misleading or deceptive or materially incorrect;
- contain material that is unlawful, threatening, defamatory, obscene, indecent or otherwise offensive;
- contain material that is inappropriate having regard to the purpose of our Platform; or
- contain any virus, worm, trojan or other code which is contaminating or destructive to our Platform or any of its users.
You grant Cloudscene (or warrant that the owner of such information has expressly granted to Cloudscene) a non-exclusive, irrevocable, perpetual, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and publicly perform your Content throughout the world in any media. You also grant each user of our Platform a non-exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Content as permitted by Cloudscene and these terms.
You grant Cloudscene and its sub-licensees the right to use your name or the name that you submit in connection with your Content, if they choose.
Cloudscene may, but is not obliged to, monitor, edit or remove your Content at any time without notice and without liability to you.
The products and services listed on our Platform are not representative of all the products and services available in the market.
Our Platform contains information obtained by Cloudscene from public sources that are believed to be reliable, as well as information provided by third parties. Cloudscene aims to ensure that the information on our Platform is accurate and up-to-date, but does not audit the information it sources, nor does it monitor or make enquiries about information provided by third parties. Cloudscene recommends that you confirm the information obtained from our Platform with the relevant provider or supplier. If you see an error, please email email@example.com.
You access and use content and information on our Platform at your own risk. Cloudscene does not warrant the suitability, completeness, accuracy or currency of any content or information on our Platform (including content or information generated on our Platform by or on behalf of Cloudscene, and any third party content on our Platform) and Cloudscene disclaims all liability and responsibility for any Loss which may be suffered by any person as a result of relying on anything contained in or omitted from our Platform.
Cloudscene will take reasonable steps to provide a safe and reliable service. However, Cloudscene does not warrant that our Platform will be free from viruses and accepts no responsibility for harmful computer code that might be introduced to your system by using our Platform. Cloudscene does not warrant that access to our Platform will be uninterrupted, timely or secure, or that it will always operate as intended.
The content and information contained in our Platform is not intended to be advice. Our Platform provides you with information, advertisements and links to other websites and service providers. It may also contain general recommendations about products and services. However, it contains no personal recommendations, suggestions or advice about the suitability of a product or service for your needs, and does not take into account your individual needs. You may not rely on the content or information on our Platform and should always seek independent advice before making any business decision.
Your access to our Platform may be terminated at any time, without notice, for any reason. Without limiting the previous sentence, your access will be terminated without notice if Cloudscene (in its sole discretion) suspects that your use of our Platform or any content in our Platform breaches these terms or is unlawful or inappropriate.
You must not, in any way, access our Platform after termination of your access. The disclaimers, limitation of liability and indemnity provisions in these terms will survive termination, together with any licences or other rights you have granted to Cloudscene.
Cloudscene’s liability for statutory or implied conditions or warranties, which cannot be excluded, is limited to the maximum extent allowable under applicable law.
To the extent permitted by law, Cloudscene is not liable (whether in contract, negligence or any other tort, under any statute or otherwise) for any Loss arising out of or relating to our Platform, any content on our Platform, the use of or access to our Platform, or the use of or access to third party websites, Quotes, information or services. Notwithstanding anything to the contrary in these terms, the aggregate liability of Cloudscene and its related entities for any Loss is limited to AUD$100.
To the extent permitted by law, in no circumstances will Cloudscene be liable for any special, indirect or consequential loss, loss of profit or revenue, loss of goodwill, loss of data or business interruption.
You indemnify Cloudscene, its related entities and their Personnel (“Indemnified Parties”) against all Loss incurred by the Indemnified Parties arising directly or indirectly out of or in connection with your use of and access to our Platform, your breach of these terms or any other legal obligation or law, your acts or omissions or your use of information or services provided to you by a third party.
In these terms, indemnities and limitations and exclusions of liability in favor of Cloudscene are to be construed as indemnities, limitations and exclusions in favor of each of Cloudscene’s related entities.
CHANGES TO OUR PLATFORM
Cloudscene may, at any time and at its sole discretion, change, remove, discontinue or disable access to content on our Platform or remove or disable links or references to websites operated by third parties. Cloudscene may discontinue operating our Platform at any time without notice and without liability to you.
All rights not expressly granted in these terms are reserved by Cloudscene.
If a provision of these terms is void, voidable, unenforceable or the invalid part severed, the remainder of these terms will not be affected.
No failure, delay or indulgence by Cloudscene in exercising any power or right conferred by these terms will operate as a waiver of that power or right.
Cloudscene may assign, novate or transfer any of its rights or obligations under these terms without your consent. You may not assign, novate or transfer any of your rights or obligations under these terms without Cloudscene’s prior written consent.
These terms are governed by the laws of the jurisdiction from which you access this website.