Terms of Use
iCommand Limited
ACN 150 827 900
Terms of Use
- (Agreement and Acknowledgement) Welcome to Our Platform. These Terms of Use form a legally binding agreement between You and Us. You acknowledge and agree that these Terms of Use apply to Your access to and use of, this Platform and the Service. In accessing or using this Platform and the Service, You acknowledge that You have read and understood, and agree to be bound by, these Terms of Use. If You do not accept these Terms of Use, then You must not access or use this Platform or the Service.
- (Privacy Policy) Our Privacy Policy is set out on Our website at www.101pro.com and shall apply to You and Your use of the Platform and the Service.
- (Amendments to Terms of Use) We reserve the right to amend these Terms of Use at any time. Any amendments shall be effective immediately upon notification on the Platform. Your continued use of the Platform following such notification will represent an agreement by You to be bound by the Terms of Use as amended.
- (Access and use) The Platform and the Service are intended for personal use only and may not be sold, redistributed, or used for any commercial purpose.
To access some parts of the Platform and to use the Service, You must become a Registered User. You may have limited access to browse and use certain features of the Platform without becoming a Registered User.
You may only use the Platform and the Service if you are capable of forming a binding contract with Us in compliance with all applicable laws, rules, and regulations. You may not use the Platform or the Service if you have previously been removed from the Platform or the Service by Us. You acknowledge and agree that you are over 13 years of age. Use of the Platform or the Service is prohibited by anyone under 13 years of age.
- (Account) To become a Registered User, You must provide Us with Your personal information (including, without limitation, Your name and e-mail address). The collection and use of Your personal information is set out in Our Privacy Policy. To use the Platform or the Service, You will be required to log in using Your email address and a password nominated by You. By providing Us with Your email address You consent to Our use of Your email address to provide any notices as deemed necessary by Us from time to time.
You are entirely responsible to maintain the confidentiality of Your password and You are responsible for Your use (or of any person using Your email address and password) of the Platform and the Service. We will not be liable for any losses caused by any unauthorized use of Your account.
You may change Your password at any time by following the instructions on the Platform.
- (Service) By accessing and using the Platform or the Service, You assume all risks associated with such access and use. To the fullest extent permitted by law, We do not represent or warrant that the Platform or the Service generally available through the Platform will be uninterrupted or error-free or defect-free or that errors or defects in the Platform or the Service will be corrected. We do not represent or warrant to You that any electronic files available through the Platform or the Service will be free of Harmful Code nor that Your use of the Platform or the Service will achieve any particular result.
We reserve the right, at any time, to disable, close, or render inaccessible the Platform and/or the Service for so long as We desire for any reason whatsoever, and without the need to provide any reasons. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such actions.
- (Security) You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorized access to, or alteration of, Your transmissions of data or of information contained on Your computer system or on the Platform. To the maximum extent permitted by law, We do not accept liability for any Loss which You may suffer or incur as a result of such activity. You agree to immediately notify Us of any unauthorized use of Your username and password or any other breach of security.
You must take Your own precautions to ensure that the processes taken by You to access the Platform and the Service do not expose You to the risks of Harmful Code.
- (Change to Platform or Service) We reserve the right to make any changes to the Platform or the Service as considered by Us necessary or desirable, at any time, without notice. We will use all reasonable endeavors to give prior notice of such changes on the Platform or the Service but You acknowledge that prior notice may not be able to be given in respect of all changes (including, without limitation, any urgent necessary changes to remedy errors or defects on the Platform or the Service, or for security reasons).
- (Lawful use) You must use the Platform and the Service for lawful purposes only and ensure that Your access to, or use of, the Platform and the Service is not illegal or prohibited by law. It is Your responsibility to obtain independent legal advice in relation to compliance with all Applicable Laws in using the Platform and the Service.
You agree at all times to deal with any information or material provided by Us or accessed through the Platform in a manner that complies with all Applicable Laws of Australia and of any other relevant jurisdiction.
- (Misuse and interference) You must not:
(a) gain, or attempt to gain, unauthorized access to any part of the Platform or the Service;
(b) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Platform or the integrity or performance of the Service;
(c) take any action that imposes, or may impose at Our sole discretion, an unreasonable or disproportionately large burden on Our infrastructure;
(d) upload, or attempt to upload, any invalid data, viruses, worms, or other software agents through the Platform or the Service;
(e) collect or harvest any personally identifiable information, including account names from the Platform or the Service;
(f) bypass, or attempt to bypass, the measures We may use to prevent or restrict access to the Platform or the Service, including without limitation, features that prevent or restrict the use or copying of any content or enforce a limitation on the use of the Platform or the Service or the content therein;
(g) disable any protection software associated with the Platform or the Service;
(h) send or store any Harmful Code;
(i) use any feature of the Platform or the Service or any other means to send unsolicited commercial correspondence to Platform Users, whether individually or as a group;
(j) solicit any business from any other Platform User or buy or sell (or attempt to buy or sell) products and/or services through the Platform or the Service.
To the maximum extent permitted by law, We accept no liability for any Loss suffered or incurred by You arising from or in connection with any Platform User's misuse of any User Content Posted by You on the Platform.
- (Prohibited User Content) You must not Post any User Content that:
(a) may infringe the rights of any other person, including without limitation, Intellectual Property Rights;
(b) contains third-party copyrighted material or that is subject to third-party proprietary rights without the permission of the owner of that material;
(c) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You or any other person or animal;
(d) may defame another person; (e) may disclose, or seek to expose or exploit, a person's confidential information;
(f) is not accurate, complete, or current or may otherwise mislead or deceive other persons;
(g) may contravene Your privacy obligations or any other person's privacy obligations;
(h) is illegal or may constitute or encourage any contravention of any Applicable Laws by any person;
(i) is threatening, offensive, or abusive or is intended or likely to threaten, offend or abuse another Platform User;
(j) is harmful, abusive, racially or ethnically offensive, invasive of personal privacy, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; or
(k) is otherwise, in Our view, inappropriate.
- (Ownership of User Content) We do not claim ownership of any User Content or any other information submitted to Us on, from, or through the Platform or the Service. However, You acknowledge and agree that, by Posting any content to the Platform or by using the Service, You unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted, or expressly unconditionally and irrevocably authorized You to grant) to Us, a worldwide, royalty-free, perpetual and non-exclusive license to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content or information anywhere, for any purpose and in any form, without any compensation to You (or to the owner of such rights if the owner is not You) subject to Our Privacy Policy to the extent that any such information is personal information.
You acknowledge and agree that You are solely responsible for any User Content Posted by You, the consequences of posting the User Content, and that We act only as a passive facilitator for the distribution and publication of Your User Content online.
You also hereby grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted, or expressly unconditionally and irrevocably authorized You to grant) each User of the Service a non-exclusive license to access your User Content through the Platform or the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such User Content as permitted through the functionality of the Service and under this Agreement subject to Our Privacy Policy to the extent that any such information is personal information.
You represent, warrant, and undertake to Us that:
(a) all User Content Posted by You does not contravene any Applicable Laws;
(b) all User Content Posted by You does not infringe the Intellectual Property Rights of any person;
(c) all User Content Posted by You will be free of Harmful Code; and
(d) all User Content Posted by You will otherwise comply with these Terms of Use.
All information submitted by You on the Platform that is personal information shall be subject to Our Privacy Policy.
- (Review and modification of User Content) We reserve the right to review User Content prior to publication on the Platform or any time thereafter and to edit or remove any User Content for any reason whatsoever and without the need to provide any reasons, including without limitation where in Our opinion the User Content does not comply with these Terms of Use.
We do not undertake to monitor, moderate or otherwise review User Content and in the event that We do monitor, moderate or otherwise review User Content, We give no warranty or undertaking that such actions will be complete or will be performed with due care and skill or on a regular or ongoing basis.
- (Information on the Platform) Whilst We make all reasonable efforts to ensure the accuracy of the Materials, We do not warrant or represent the accuracy, completeness, or suitability for Your intended use of any information or materials on the Platform, including without limitation User Content and the Materials. You are responsible for Your use of any User Content, information, or Materials obtained from the Platform or the Service. You should make Your own inquiries to check if the User Content, information, or Materials on the Platform or the Service are accurate, complete, and suitable for Your intended use.
The Platform may contain User Content, information, or Materials that include the views or recommendations of others that are not Our views. We do not endorse the views Posted by any Platform Users or Registered Users. All User Content expresses the views of the relevant author and does not necessarily reflect Our views or indicate Our support of, or commitment to, any matter, including a particular course of action. Moreover, all User Content does not constitute advice by Us or a recommendation by Us as to a particular matter or course of action.
The Platform may contain links and pointers to, or content from, internet sites maintained by third parties. These links to, or content from, third-party sites are provided for Your convenience. Such links or content are not under Our control and We are not responsible for the contents (including the accuracy, completeness, or suitability for Your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product, or service, and access is done at Your own risk.
- (Our database) By registering with the Platform, You acknowledge and agree that We may add You to Our database. From time to time We may contact You about offers and new products. You can easily opt out of any further marketing communications by unsubscribing via a link that will be provided on all such correspondence that We send to You or by putting a request in writing to Us.
- (Disclaimer) To the maximum extent permitted by law, We do not accept any liability for, and You hereby release Us from any claim in relation to, any Loss (including loss of profits or indirect, consequential, incidental, special exemplary, or punitive loss or damage), howsoever caused (including through Our negligence), suffered or incurred by You arising from or in connection with:
(a) Your access to, or use of, the Platform, the Service, any User Content, or any linked site;
(b) any change in the content of the Platform or the Service;
(c) any decision or action was taken by You in reliance on any information or materials on the Platform or the Service; or
(d) the availability of the Platform or the Service or any error or defect in the Platform or the Service.
The above disclaimer does not attempt or purport to exclude liability under any statute if, and to the extent, that such liability cannot be lawfully excluded (including, without limitation, any guarantee under the Australian Consumer Law (a non-excludable provision).
- (Implied terms) Subject to the non-excludable provisions of the Australian Consumer Law, and to the fullest extent permitted by law, any guarantee, condition, or warranty (including, without limitation, any implied guarantee, condition, or warranty of merchantability, satisfactory quality, or fitness for a particular purpose) which would otherwise be implied in this Agreement is hereby excluded.
We understand that in some jurisdictions, guarantees, conditions or warranties may apply that cannot be legally excluded. Where the Australian Consumer Law or any other legislation implies into these terms any guarantee, condition, or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such guarantee, condition or warranty, to the maximum extent permitted by law, Our liability for any breach of such guarantee, condition or warranty shall be limited, at Our option, to the supplying of the services again or the cost of having the services supplied again.
You acknowledge and agree that reliance by Us on this limitation of liability is fair and reasonable in all circumstances.
- (Force Majeure) We accept no liability for any delay or failure to perform Our obligations under these terms if such a delay or failure is due to circumstances beyond Our reasonable control.
- (Indemnity) You agree to indemnify and keep indemnified, Us and Our officers, employees, and agents (those indemnified) against all Loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with:
(a) any User Content Posted by You;
(b) any decision or action was taken by You in reliance on any User Content, information, or Materials on the Platform, the Service, and/or any linked site;
(c) any breach of these Terms of Use by You;
(d) any wilful misconduct by You;
(e) any negligent act or omission by You.
- (Copyright) All copyright in the Materials (including, without limitation, text, graphics, logos, and icons) is owned by Us or third-party licensors and/or their successors and assigns. Material procured from a third party may be the subject of copyright owned by that third party. Except as expressly authorized by, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these terms, You may not, in any form or by any means:
(a) copy, adapt, reproduce, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public, or create derivative works of the whole or any part of the Materials; or
(b) commercialize the whole or any part of the Materials without Our express written permission or, in the case of third-party material, from the owner of the copyright in that material.
- (Trademarks) Trademarks used on the Platform or the Service are Our trademarks (registered or unregistered) or trademarks of third parties. If You use any trademarks owned by Us, in reference to Us, the Platform, or the Service, You must include a statement attributing that trademark to Us. You must not use any of Our trademarks or trademarks of third parties featured on the Platform or the Service:
(a) in, or as the whole or part of, Your own trademarks;
(b) in connection with any business, products, or services which are not Ours;
(c) in a manner that may be confusing, misleading, or deceptive to any person; or
(d) in a manner that disparages Us, the third-party owners of the trademarks or the Platform.
- (Linking to the Platform) You may only insert a link to the Platform or the Service if:
(a) the link is presented in a way that fairly represents Our business and the Platform or the Service and does not disparage Us;
(b) the context in which You insert the link does not give visitors the impression that the relevant site, or business, is sponsored or endorsed by Us, or otherwise affiliated with Us;
(c) the source of the material on the relevant site is clear, including without limitation by ensuring that the context of the link does not suggest that We have created any of the content on that site; and
(d) the link opens in a new window, and not in the navigation of the relevant site.
- (Termination) We may suspend Your access to the Platform, or terminate this Agreement and Your access to the Platform or the Service for any reason, including without limitation if We reasonably consider that You are in breach of any provision of these Terms of Use. We may, at Our discretion, terminate this Agreement and Your access to all or part of the Platform or the Service without the need to provide reasons.
Termination of this Agreement will not end those provisions that are capable of surviving the ending of this Agreement (including, without limitation, clauses 12, 13, 14, 16, 17, 19, 20, 21, 22, 23, and 24.
- (General provisions) Any waiver or relaxation, in whole or part, of any rights available to Us under these Terms of Use is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).
If any provision of these Terms of Use, is held to be invalid, unenforceable, or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms of Use, in which case, the remainder of these Terms of Use shall nevertheless continue in full force.
Nothing in these Terms of Use shall be deemed to give rise to a relationship of agency or partnership or otherwise impose a duty of care upon Us in respect of Your use of the Platform or the Service.
This Agreement, and the rights and licenses granted in accordance with this Agreement, may not be transferred, novated, or assigned by You without Our prior written consent (which may be withheld in Our absolute discretion). We may transfer, novate or assign this Agreement, and/or the rights and licenses granted in accordance with this Agreement, without Your consent.
The laws governing these Terms of Use will be the laws in the State of South Australia, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
- (Definitions) In these Terms of Use, unless the context otherwise requires:
Agreement means the Agreement between You and Us comprising these Terms of Use;
Applicable Laws mean any and all statutes, regulations, by-laws, ordinances, or subordinate legislation in force from time to time that pertains to Your use of, and access to, the Platform and the Service and the Posting of any User Content on the Platform and include, without limitation, those relating to equal opportunity, anti-discrimination, trade practices, fair trading, Intellectual Property, privacy, and confidentiality;
Harmful Code means any computer virus, trojan, worm, or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorized access to or corruption of data;
Intellectual Property Rights means any registered or unregistered rights in any copyrights, patents, inventions, discoveries, trademarks, designs, or confidential information or any rights of a similar nature under the laws of Australia or anywhere else in the world;
Loss means loss or damage of any kind (including liability to a third party).
Materials mean any content made available by Us via the Platform or the Service (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts);
Platform means the website at www.101pro.com and the iCommand application operated by Us;
Platform User means any person who has access to, or uses, the Platform;
Post, Posting, and Posted means to upload, publish or otherwise make available information and/or other materials on the Platform;
Privacy Policy means the privacy policy set out on Our website at www.101pro.com or otherwise as notified by Us to You, which may be amended by Us from time to time;
Registered User means a Platform User registered with the Service;
Service means the provision by Us of any services via the Platform, including without limitation any discussion forums, technical or product support services, or other applications and other benefits for the use of persons made available through the Platform;
Terms of Use means this document and any amending or replacement document undertaken in accordance with this document;
User Content means any text, information, and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials, or information of any nature) submitted to Us, or Posted on the Platform, by a Platform User;
We, Us, Our means iCommand Ltd (ACN 150 827 900) and all related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)) of iCommand Ltd; and
You, Yourself, Your means any person, business, company, or organization who is a Platform User.
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