Terms and Conditions
Welcome to the ALTR website (“the Website”). The Website and all of its Content, including but not limited to, all text and images are owned and copyrighted by PLD Organisation (“We” or “PLD”) and its licensors.
Through the Website, you have access to a variety of resources and content, including (a) software, applications and software-as-a-service offerings; (b) web pages, data, messages, text, images, photos, graphics, audio and video, documents such as press releases, white papers, and product information and data sheets; and (c) web forms, chat areas , bulletin boards, e-mail functions, and other functions and services in connection with which you can upload, download, share, email, post, transmit or otherwise access or make available information (all of the foregoing collectively referred to as “Content”).
By accessing the Website, you agree that these Terms and Conditions (‘Terms’).
Please read these Terms carefully before using this Website. These Terms are a legal agreement between you (“You” or “Your”) and PLD. Using this Website indicates that you accept these terms regardless of whether or not you purchase any software from us. If you do not accept these Terms, do not use this Website.
We may change these Terms at any time without notice. Any amendment will be effective immediately. Your continued use of the Website after any amendment constitutes an agreement by you to comply with, and be bound by, the amended Terms. Accordingly, you should access and read the Terms from time to time for changes.
1. Privacy
1.1. These Terms incorporate and should be read together with our Privacy Policy.
2. Your Use of the Website
2.1. As a condition of your use of the Website, you warrant to us that you will not use this Website for any purpose that prohibited by these Terms. In particular, you agree not to:
2.1.1. use this Website to defame, abuse, harass, stalk, threaten or otherwise offend any person;
2.1.2. publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
2.1.3. use any automated scripting tools or software;
2.1.4. engage in or promote any third-party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Website;
2.1.5. impersonate any other person or entity;
2.1.6. upload, post, email, transmit or otherwise make available using the Website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
2.1.7. breach any laws or regulations which are applicable to your use of this Website in your jurisdiction.
3. Website Access
3.1. While PLD attempts to ensure that this Website is normally available 24 hours a day, PLD shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond the control of PLD.
4. Linked Websites
4.1. This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Website that is not our own.
4.2. Unless specifically stated, the inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Website, or for any information, product or service referred to on the Linked Website.
4.3. Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms. We are not responsible for the privacy practices of any third-party social media or other service providers that you can access through this Website.
5. Visitor Material and Conduct
5.1. Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. PLD shall have no obligations with respect to such material. PLD and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2. You are prohibited from posting or transmitting to or from this Website any material:
5.2.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
5.2.2. for which you have not obtained all necessary licenses and/or approvals; or
5.2.3. which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
5.2.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6. General Disclaimer
6.1. To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website (Linked Websites).
6.2. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
7. Specific Warnings and Disclaimers
7.1. The information contained on this Website is provided by us in good faith and on an ‘as is’ basis. The information is believed to be accurate and current as at the date the information was placed on this Website. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website, or that your use of this Website will be uninterrupted or error free. You should not act on the basis of anything contained on this Website without first obtaining professional advice specific to your circumstances. You must make your own assessment of the information contained on this Website and, if you choose to rely on it, it is wholly at your own risk.
7.2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
7.3. We may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated and we will not be liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.
7.4. To the extent permitted by applicable law, all implied conditions, representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.
8. Liability
8.1. To the maximum extent available under applicable law, PLD, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the PLD affiliated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or otherwise) in connection with this Website or any Content in any way, or in connection with the use, inability to use or the results of use of this Website or any Content, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on use of your access to, use of, or browsing this Website or any websites linked to this Website, or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.2. Some jurisdictions so not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities. To the extent that they are held legally invalid, disclaimers, exclusions and limitations set forth in these Terms, including those set forth in Sections 6, 7, and 8, do not apply and all other terms shall remain in full force and effect.
9. Copyright
9.1. Unless otherwise acknowledged, all material on this Website, including (but not limited to) text, graphics, information architecture and coding, is our property. All copyright is reserved.
9.2. You are provided with access to this Website and may download, store in cache, display, print or make a single copy of the information or material stored on this Website (in its unaltered form) and for your personal and non-commercial use only. Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:
9.2.1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
9.2.2. commercialise any information, products or services obtained from any part of this Website, without our written permission.
9.3. If you wish to make any other use of the material on this Website, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.
9.4. All trade names, trademarks, service marks and other product and service names and logos (‘Marks’) displayed on this Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on this Website with permission of the relevant owner.
9.5. Nothing contained on this Website should be construed as granting any licence or right of use of any Mark which is displayed on this Website without the express written permission of the relevant owner.
9.6. If you use any of our Marks to refer to our activities, products or services, you must include a statement attributing that Mark to us. You must not use any of our Marks:
9.6.1. in or as the whole or part of your own Marks;
9.6.2.in connection with activities, products or services which are not ours;
9.6.3.in a manner which may be confusing, misleading or deceptive; or
9.6.4.in a manner that disparages us or our information, products or services (including this Website).
10. Termination
10.1. We may terminate or suspend your use immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
10.2. Upon termination, your right to use the Website will immediately cease. If you wish to terminate your use, you may simply discontinue using the Website.
10.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.4. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
10.5. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that we have for you in our records.
11. Indemnification
11.1. As a condition of your use of the Website, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Website or your breach of these Terms and any applicable law or the rights of another person or party.
11.2. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
12. Force Majeure
12.1. PLD will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
13. Notice
13.1. Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
14. Waiver
14.1. Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by PLD of any of the Terms will be effective unless PLD expressly states that it is a waiver and PLD communicates it to you in writing.
15. Assignment
15.1. You cannot assign any rights and obligations under the Terms whether in whole or in part without PLD’s prior written consent.
15.2. PLD may assign its rights and obligations under the Terms without obtaining your consent, provided that your rights are not detrimentally affected by the assignment.
16. Severability
16.1. If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
17.1. These Terms and any document expressly referred to in them represent the entire agreement between PLD and you, and supersede any prior agreement, understanding or arrangement between PLD and you, whether oral or in writing.
18. Applicable Laws
18.1. These Terms are governed by the laws in force in Western Australia, Australia and you submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or this Website.
19. Contact Us
PLD Organisation
ABN: 72 125 911 711
Telephone: +61 (08) 9227 0846
Email: mail@altr.com.au