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Effective Date: 9 September 2022
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SERVICES. BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE SERVICES.
A. Your Agreement with RAMMP
- Your Agreement. These Terms govern your access to and use of the services made available by RAMMP, including our website diagnostic tools, customer support, onboarding and training services, benchmarking services and other services we may offer from time to time (Services) and your rights and responsibilities as a customer of the Services. By signing up to the Services, you acknowledge that you have read and understood these Terms and agree to be legally bound by them. Where you access the Services on behalf of your organisation: (a) you represent and warrant that you are authorised to agree to these Terms on behalf of your organisation and to legally bind your organisation to these Terms; and (b) your organisation must ensure that all officers, employees, agents and contractors of your organisation who access and/or use the Services also comply with these Terms.
- Additional terms. Our Services may be subject to one or more additional terms. Such additional terms and conditions will be notified to you and shall apply to your access to and use of the Services and shall be incorporated into and form part of these Terms (save that if there is any inconsistency between the additional terms and conditions and any other part of these Terms, the additional terms and conditions shall prevail to the extent of any inconsistency with the other parts of these Terms). The additional terms are also subject to change as described in clause 3 below.
- Updates to these Terms. We reserve the right to amend, update, modify or replace these Terms by notification to you from time to time. Any such change to these Terms will not apply retroactively, and any changes made to the Terms will take effect proactively, from the date of the notification. You acknowledge and agree that you are responsible for reviewing these Terms from time to time to ensure that you are familiar with, have read and have understood the current version of these Terms.
B. Your Agreement with RAMMP
- Registration. In order to be able to access and use the Services, you must register a user account (Account) by following the instructions set out on our website. Your Account will give you access to your account information, as well as your dashboard where you can access and use the Services (Dashboard). You must enter your login credentials to authenticate your Account and be able to access and use the Services.
- Account information. You are responsible for providing up to date and accurate information when you set up and register an Account and for updating such information to ensure that it remains up to date and accurate at all times. Failure to provide or maintain accurate and up to date information in relation to your Account may result in suspension or termination of your Account. Where required, you agree to RAMMP storing and keeping your account information for the purposes of providing you the Services, including maintaining your access to the Services and billing fees to your Account. You represent and warrant that all information you provide to RAMMP to register your Account is true and accurate.
- Using your Account. You may permit or authorise other users to use and access your Account (Authorised Users). Each Authorised User must also register their own Account and agree to these Terms. You are solely responsible for all conduct and activity which occurs through your Account. You should ensure that you keep your login credentials and password safe and secure and install appropriate antivirus and malware protection software for your devices through which you are accessing and using the Services. You agree to immediately notify RAMMP of any security breach of your Account. To the maximum extent permissible by applicable law, RAMMP excludes any liability for any loss arising out of unauthorised access to or use of your Account.
- No right of survivorship. Except to the extent required by law, your Account is non-transferable and any rights to your Account and your User Data (as defined below) in relation to your Account terminate upon your death.
- No transfer. You must not, and are not permitted to, lend, rent, assign, sell or otherwise transfer your Account to a third person except as permitted or approved by RAMMP, which we may refuse in our absolute discretion.
C. Requirements for the Services
- Age. By accessing and using the Services you warrant that you are at least 16 years of age or if you are under 16 years of age, you have obtained your parent or guardian’s permission to access and use our Services and they have read these Terms with you and agree to these Terms on your behalf.
- Capacity. In accessing and using the Services, you represent and warrant that your use of the Services does not and will not violate any applicable law or regulation in the jurisdiction from where you are accessing and using the Services.
- Devices. The Services may be limited to certain compatible devices or require certain minimum operating requirements, which may change from time to time. The Services may also require internet access, access to certain software (to which fees may apply) and updates from time to time. You are solely responsible for ensuring that you meet these requirements. RAMMP reserves the right to limit the number of Accounts which can be associated with a particular device and the number of devices which can be associated with a particular Account.
- Third Party Integration. The Services may require use of third party integrations, such as Google Analytics, to extract certain information, metrics and data as part of your use of the Services (Third Party Integration). Where requested by RAMMP, you must permit RAMMP access to such Third Party Integration, to extract such information, metrics and data. Where you do not provide access to RAMMP, you may not be able to access or use the Services or otherwise obtain the full benefit of the Services. We do not warrant that any Third Party Integration is free from harmful or malicious code and you acknowledge and understand that such access and use is at your own entire risk. Third Party Integrations may be subject to a third party’s terms of service which you may need to accept in order to use the Third Party Integration. You acknowledge you are solely responsible for ensuring you comply with any such third party terms of service, including any applicable fees for using Third Party Integrations. To the maximum extent permitted by law, we are not liable to you and we assume no responsibility to you for any loss, damage or liability (of any kind) as a result of your use of a Third Party Integration.
D. The Services
- Services. The Services comprise a range of website diagnostic tools, accessible through your Dashboard and additional customisations which you may subscribe to. The details of the Services you have subscribed to are set out in your subscription plan (Subscription Plan).
- Diagnostic Reports. A Subscription Plan entitles you to generate diagnostic reports through your Dashboard in respect of each URL forming part of your Subscription Plan (Diagnostic Report), subject to fair use requirements, including those set out in clause 38. You must add each URL forming part of your Subscription Plan to your Dashboard in order for a Diagnostic Report to be able to be generated. You may obtain copies of past Diagnostic Reports through your Dashboard, including sharing Diagnostic Reports with third parties. .
- Customisations. You may be able to customise your Subscription Plan by selecting additional products and offerings as part of the Services (Customisations), which RAMMP makes available from time to time. You acknowledge and agree that RAMMP may add, change, vary or remove Customisations from time to time without liability to you. Unless RAMMP determines it must do so earlier in its sole discretion, any change, variation or removal of a Customisation from your Subscription Plan shall be effective in the immediately following month of your Subscription Plan or such later month as notified by RAMMP.
- Onboarding and Accreditation Training. Unless otherwise agreed by RAMMP, all onboarding and accreditation training shall be (a) conducted remotely during regular business hours on business days in Queensland, Australia; (b) limited in duration to two hours for onboarding and four hours for accreditation training; and (c) conducted as a single session. You acknowledge and agree that you are responsible for ensuring that you have a stable internet connection to attend the onboarding or accreditation training and that you have undertaken any preparatory steps which have been notified to you by RAMMP. Where you provide less than 24 hours notice of cancellation of a scheduled onboarding or accreditation training session, you acknowledge and agree that you may be charged a cancellation fee. Where an onboarding or accreditation training session is conducted in person, you may be charged reasonable travel and accommodation fees which RAMMP will confirm with you.
- Customer Support. All customer support is available during regular business hours on business days in Queensland, Australia only. While RAMMP will use reasonable endeavours to respond to your support request, RAMMP makes no representation or warranty as to minimum response times or that it will be able to resolve any request.
- Board Reports. Where your Customisation includes board reports, you will be entitled to generate a board report through your Dashboard in respect of each URL forming part of your Subscription Plan (Board Report). You may obtain copies of past Board Reports through your Dashboard, including sharing Board Reports with third parties. You acknowledge that a Board Report only provides a simple summary of your Diagnostic Reports and does not and is not intended to contain any further or additional information or insights. To the maximum extent permitted under applicable law, RAMMP provides no guarantee or warranty that a Board Report is suitable for any particular purpose or that it will contain all relevant information that may be required for a board meeting.
- Competitor Analysis. RAMMP may offer general benchmarking information and analysis based on various aggregated data and third parties that operate in similar industries or fields. Where your Customisation includes competitor analysis, you will be entitled to generate a competitor analysis report through your Dashboard in respect of each URL forming part of your Subscription Plan (Competitor Analysis). A Competitor Analysis may only be generated after a Diagnostic Report has been generated. RAMMP may limit the number of Competitor Analyses you may generate each month as part of your Subscription Plan from time to time. You may obtain copies of past Competitor Analyses through your Dashboard, including sharing Competitor Analyses with third parties. You acknowledge that a Competitor Analysis contains general information and insights only and is not intended to provide detailed analysis of competitors. To the maximum extent permitted under applicable law, Rammp provides no guarantee or warranty that a competitor analysis or the information contained in a Competitor Analysis is accurate, complete or will be suitable for any particular purpose.
- Updates. RAMMP may, in its sole discretion and from time to time, update the Services, including to resolve bugs, install patches, improve functionality, incorporate new features, provide new releases and make corrections. Any such updates will not limit or otherwise affect these Terms. While RAMMP will use reasonable endeavours to ensure that any updates to the Services will result in limited downtime, RAMMP does not represent or guarantee that any update will function properly or that the provision of updates will not lead to extended downtime of the Services.
E. Using the Services
- Personal or internal business use. You acknowledge that the Services are designed and intended for internal business purposes or personal use only.
- Dashboard. Your Dashboard allows you to access and use the Services, including generating Diagnostic Reports, Board Reports and Competitor Analysis, as applicable in accordance with your Subscription Plan. Your Dashboard will contain your information for each URL forming part of your Subscription Plan and allow you to track changes to those URL(s). You may share the information in your Dashboard with third parties, including other users who also have an Account, by using the share function located on your Dashboard (Shared Information). You may also accept invitations from a third party to receive their Shared Information. Where access to Shared Information is provided to a another user through to that user’s Account it shall be provided as view only and permit that user to obtain copies of previously generated Diagnostic Reports, Board Reports and Competitor Analyses, as applicable, however, that user will not be permitted to generate any new Diagnostic Reports, Board Reports or Competitor Analyses. You acknowledge and agree that you are solely responsible for the sharing of any Shared Information, including verifying the details of the third party to whom you have provided access to Shared Information and subsequent use of Shared Information by a third party. To the maximum extent permitted by law, we are not liable to you and we assume no responsibility for any loss, damage or liability (of any kind) as a result of you sharing any Shared Information.
- Storage. Your Account may be subject to storage and/or bandwidth limitations. You must not exceed any applicable storage and/or bandwidth limitations which apply to your use of the Services. Exceeding such storage and/or bandwidth limitations may lead to suspension or termination of your account and access to the Services.
- Availability. RAMMP does not represent or guarantee that the Services, or any particular feature of the Services, will be available in all countries, in any particular location or in any particular language. RAMMP does not represent or guarantee that the Services, or any particular feature of the Services, will be available or is appropriate for use in any particular location.
- Changes to the Services. RAMMP reserves the right to change, modify or disable the Services or any features of the Services at any time without any liability to you. Subject to clause 15 in relation to changing, variation or removal of a Customisation, where such change, modification or disabling will result in a material adverse change to the Services, RAMMP will use reasonable endeavours to provide you with at least thirty (30) days notice unless RAMMP is unable to do so, or it would be unreasonable to do so, due to circumstances beyond its reasonable control including changes required to meet legal or regulatory requirements, to address security issues, to ensure technical integrity or availability of the Services or as result of any force majeure event.
- Feedback. RAMMP may from time to time provide the option for users to submit feedback in relation to the Services, including to provide suggestions or ideas, or to report bugs or issues with the Services. You irrevocably grant to us (and to our affiliates) a non-exclusive, fully paid up, worldwide and perpetual licence (including the right to grant sub-licences) to reproduce, use and to otherwise exploit any such feedback and you irrevocable waive any rights of attribution or any other acknowledgement in relation to such feedback.
- Beta releases. RAMMP may from time to time, offer, designate or otherwise provide the Services, or a feature of the Services, as a pre-release or beta version (Beta Release). Such Beta Release is provided solely for the purpose of evaluation on an “as is” basis and no guarantees or warranties whatsoever are provided in relation to the usability or efficacy of the Beta Release or that the Beta Release does not contain bugs or errors which may cause system or other failure or corruption or loss of data. Participation in evaluating any Beta Release is voluntary. You acknowledge and agree that your participation in evaluating any Beta Release is entirely at your sole risk and that you are responsible for any and all costs associated with your participation. RAMMP strongly advises that you backup all information and data on your device prior to evaluating any Beta Release.
- Trade compliance. The Services are subject to laws, restrictions and regulations in the United States and other jurisdictions as they relate to import, re-import, sanctions, anti-boycott, export and re-export control laws and regulations and which may prohibit us from or otherwise require us to cease providing the Services to you at any time without notice. By using the Services, you agree to comply with all such laws, restrictions and regulations and warrant that you are not prohibited from receiving or accessing the Services by the laws of any jurisdiction.
F. User Content and Data
- Content. In these Terms, “Content” means any and all data, material and information, including audio files, video files, image files and messages, other electronic files and metadata, that you upload, store, import into, create, generate through or otherwise share with, or through your use of, the Services. We reserve the right to restrict access to or remove any Content at any time, including but not limited to, where such Content violates any applicable law, breaches these Terms or is otherwise false, defamatory, abusive or objectionable.
- Rights to Content. You represent and warrant to us that you have all title, rights or licences to copy, reproduce, use and otherwise exploit all Content in connection with your use of the Services and that such copying, reproduction, use and exploitation of the Content will not infringe intellectual property rights or other proprietary rights of a third party.
- Input Data. In order to use the Services, including generating one or more Diagnostic Reports and other Reports, you will be required to input information, metrics and data through your Dashboard and/or permit RAMMP access to Third Party Integrations, such as Google Analytics, to extract certain information, metrics and data (Input Data). You acknowledge and agree that the types of Input Data and/or Third Party Integrations which is required by RAMMP may change as part of RAMMP’s continued improvement and modification of the Services. In order to continue to obtain the benefit of the Services, you acknowledge and agree that it is your responsibility to provide all requested Input Data, including further and different Input Data and/or access to Third Party Integrations, as may be requested by RAMMP from time to time. You acknowledge and agree that you are solely responsible for ensuring accurate, up to date and complete Input Data is provided to RAMMP as part of the Services. You acknowledge and agree that where a Third Party Integration has been deployed for a short period of time, that limited Input Data may be able to be extracted, or where you have provided insufficient or incomplete Input Data, that in the event you proceed with the Services and generating a Diagnostic Report or other Report, that you do so at your sole risk. You acknowledge and agree that where insufficient or incomplete Input Data is provided that Reports, including Diagnostic Reports may be unable to be generated. To the maximum extent permitted under applicable law, RAMMP provides no guarantee or warranty that the Input Data it has requested, whether through a Third Party Integration or from you directly, will enable you to use the Services, including generating a Diagnostic Report or other Reports, to achieve any particular purpose or outcome.
- User Data. You irrevocably grant to us (and to our affiliates) a non-exclusive, fully paid up, transferable, worldwide and perpetual licence (including the right to grant sub-licences) to reproduce, modify, publish, use and to otherwise exploit all data and material, including your Content and Input Data, relating to you or generated through your access to and use of the Services (User Data). This licence includes using your User Data for the purpose of providing the Services to you and to other users as well for other reasonable commercial purposes of RAMMP, including but not limited to, benchmarking and other analytics and to otherwise improve or further develop the Services. We will take reasonable measures to protect your User Data from any misuse, interference and loss, as well as from unauthorised access, modification or disclosure. You represent and warrant to us that you are authorised to provide the User Data to us and that our use of the User Data will not infringe the intellectual property rights or other proprietary rights of any third party.
- Ownership. You retain all rights in and to your User Data (subject to any grant of rights under these Terms) and ownership of your User Data.
- Backup. The Services may provide functionality for you to periodically backup your User Data. You are responsible for ensuring you have correctly applied and activated any backup settings available through the Services. RAMMP reserves the right to delete any backups associated with an Account where there has been an extended period of inactivity of that account or where your access to the Services has been terminated under these Terms. TO THE MAXIMUM EXTENT PERMMITTED UNDER APPLICABLE LAW, RAMMP PROVIDES NO GUARANTEE OR WARRANTY THAT ANY USER DATA YOU STORE, BACKUP OR ACCESS THROUGH THE SERVICES WILL BE, AND REMAIN, AVAILABLE AT ALL TIMES, OR WILL NOT BE SUBJECT TO DIRECT, INDIRECT OR INADVERTENT, LOSS, DELETION, DAMAGE, CORRUPTION OR OTHERWISE REMOVED SUBJECT TO THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAMMP EXCLUDES ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY SUCH LOSS, DELETION, DAMAGE, CORRUPTION OR REMOVAL OF YOUR USER DATA. You are responsible for ensuring that you maintain and store an appropriate alternative backup of all of your User Data.
- Sharing. Where you share your User Data or provide access to Shared Information to a third party, you represent and warrant to us that you have all title, rights or licences to share the Shared Information and User Data in this manner and that such sharing will not infringe the intellectual property rights or other proprietary rights of any third party. You acknowledge that:
35.1 you are solely responsible for any Shared Information and User Data which you share or make public through the Services;
35.2 other users of the Services may use, copy, modify or share your Shared Information and User Data as shared by you through the Services; and
35.3 you are solely responsible for correctly identifying who you share your Shared Information and User Data with through the Services, for monitoring that you have shared your Shared Information and User Data with the correct persons and for ceasing any sharing of your Shared Information and User Data with any person.
- Access to Account and User Data. Without limiting RAMMP’s rights under these Terms or under any applicable laws, RAMMP may take any such steps it deems reasonable or necessary to enforce and/or verify your compliance with these Terms. You acknowledge and agree that RAMMP may, without liability to you, access, use, disclose, preserve, remove, modify or otherwise deal with your account information or your Content or other User Data, where RAMMP considers that it is reasonably appropriate or necessary to do so or otherwise to comply with RAMMP’s legal obligations or other applicable laws.
G. User Conduct
- Lawful use. You must only access and use the Services, the Resources and the Reports for lawful purposes and in accordance with all applicable laws, including any local laws and regulations which apply in your jurisdiction, relating to access to or use of the Services, the Resources and the Reports. You must ensure that your access to or use of the Services, the Resources and the Reports is not illegal or prohibited by law.
- Your obligations. In accessing and/or using the Services and accessing and/or downloading the Resources and the Reports, you must not:
38.1 use the Services, the Resources or the Reports for any purpose other than as expressly permitted by these Terms;
38.2 use the Services, the Resources or the Reports in a manner that is illegal or fraudulent or facilitates any illegal or fraudulent activity;
38.3 use the Services, the Resources or the Reports in a manner that may interfere with, disrupt or create undue or unreasonable burden on the Services or on the servers and networks that host the Services, the Resources, the Reports or the Content of other users;
38.4 impersonate or misrepresent yourself as another person;
38.5 access or use the Services, the Resources or the Reports with the assistance of any automated scripting tool or software other than as provided or expressly permitted by us;
38.6 act in a manner that may diminish or adversely impact our reputation;
38.7 send impermissible communications not expressly permitted under these Terms such as bulk messaging, auto-messaging or the like;
38.8 post or otherwise transmit material that infringes any third party’s intellectual property rights or other proprietary rights;
38.9 post or otherwise transmit materials that contains any malicious software or other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
38.10 attempt to penetrate, breach the security or circumvent any access or use restrictions of the Services, or to otherwise interfere with or disrupt the normal functions and performance of the Services; or
38.11 attempt to do any of the foregoing, or procure, permit or assist any other person to do, or attempt to do, any of the foregoing.
- Monitoring, revocation or suspension of use privileges. We reserve the right to, but we are under no obligation to, monitor your use of the Services, the Resources and the Reports and suspend or terminate your access to or use of some or all of the Services, the Resources and/or the Reports if you engage in activities that we are reasonably of the opinion do not comply with your obligations in clause 38 of these Terms. To the maximum extent permitted by law, we are not liable or responsible to you for any loss or damage which you incur or claim as a result of our exercise of rights under this clause.
H. Subscription Terms
- Subscription Plan. Your Subscription Plan comprises the Services, including the specific Customisations, if any which you have selected from time to time, that relate to the URL(s) nominated by you and which form part of your Subscription Plan, Each URL is a single web address which you must add to your Account. Unless otherwise agreed by RAMMP, you are not permitted to change or remove any URL forming part of your Subscription Plan. Your Subscription Plan begins as soon as your initial payment has been processed. Your Subscription Plan will automatically renew each month without notice until you cancel your Subscription Plan. You may amend your Customisations, either by adding or removing Customisations, from time to time. Any added Customisations will apply immediately and form part of your Subscription Plan, subject to payment of additional fees. Any removed Customisations shall take effect from the next month of your Subscription Plan. In the event you are permitted to change or remove a URL (Removed URL), unless permitted by RAMMP, you will not retain access to any User Data, historical information or Reports for a Removed URL and you acknowledge you are solely responsible for obtaining copies of all User Data, Reports and other historical information relating to a Removed URL prior to its change or removal.
- Fees. Your access to and use of the Services is subject to your payment of all applicable fees as set by RAMMP from time to time. Unless otherwise stated by RAMMP, all fees are payable in advance. RAMMP may change the fees applicable for your Subscription Plan from time to time, any such change will be notified to you and apply to the following month of your Subscription Plan.
- Payment method. We may require that you link a credit card or other payment method to your Account. We use a third party payment service provide and do not otherwise directly collect or store your payment information. You authorise us to charge your payment method for the fees applicable for your Subscription Plan as and when they fall due until such time as you cancel your Subscription Plan. You are responsible for timely payment of any and all fees for your Subscription Plan and as otherwise incurred by you from your access and use of the Services. RAMMP reserves the right to suspend or terminate your Subscription Plan, including access to your Account, the Services and deletion of your User Data, in the event RAMMP is unable to successfully charge your credit card or other payment method.
I. Intellectual Property and Resources
- Intellectual Property. We, and our licensors, retain full right, title and interest (including all intellectual property rights and other proprietary rights) in and to the Services, other information and resources made available through the Services (Resources) and in any reports or other documents generated or provided through the Services, including Diagnostics Reports, Board Reports and Competitor Analysis (Reports). Nothing in these Terms should be construed as conferring on you any right to the Service, the Resources or the Reports except as expressly granted by these Terms or otherwise to the extent you retain certain rights, such as User Data contained in Reports. “RAMMP”, “ADORE PROCESS” and all product names appearing on the Services and our website are the trade marks of RAMMP or, where indicated, its licensors. If you use any of our trade marks in reference to us, the Services, the Resources or the Reports, you must include a statement attributing that trade mark to us. You must not use any of our trade marks or trade marks of our licensors:
43.1 in, or as the whole or part of, your own trade marks;
43.2 in connection with any business, products or services which are not ours;
43.3 in a manner which may be confusing, misleading or deceptive to any person; or
43.4 in a manner that disparages us, the Services, the Resources or the Reports.
- Resources. You acknowledge and agree that:
44.1 the Resources are subject to change at any time without notice to you;
44.2 we do not represent or guarantee that any specific Resources will be available or continue to be available and we reserve the right to change or remove any existing Resources at any time;
44.3 the Resources may include materials the rights in which are owned by third party licensors and which are made available by us through the Services under licence by the third party to us;
44.4 you are solely responsible for use of any Resources and you should make your own enquiries to check if the Resources are accurate, complete and suitable for your intended use;
44.5 we are not liable to you for any loss, damage or liability (of any kind) for any errors or omissions in the Resources;
44.6 we are not liable for any loss, damage or liability (of any kind) arising out of or in connection with your access to or use of the Resources, including your reliance on the Resources; and
44.7 we expressly reserve all rights (including intellectual property rights) owned or licensed by us in the Resources, subject only to the limited licence to access and to use the Resources in accordance with clause 45 of these Terms.
- Grant of rights. Subject to your compliance with these Terms, we grant to you the right to access and use the Services, and to download certain Resources that are made available by us for download, solely for your own internal business purposes or personal use, for the term of your Subscription Plan. Except as expressly permitted under these Terms (or as reasonably contemplated by the normal use of the Services or the Resources) or expressly as authorised under applicable law, you must not misuse the Services or the Resources including, without limitation, doing any of the following:
45.1 license, sub-license, sell, re-sell, distribute or otherwise commercially exploit the whole or any part of the Services and the Resources;
45.2 modify, copy, reproduce, republish, transmit or distribute or make derivative works based on the whole or any part of the Services or the Resources;
45.3 reverse engineer, reverse compile or otherwise access the Services or the Resources in order to build a competitive product or service; or
45.4 attempt to do any of the foregoing, or procure, permit or assist any other person to do, or to attempt to do, any of the foregoing.
- Reports. Subject to your compliance with these Terms, we grant you a non-exclusive licence to use the Reports solely for your own internal business purposes or personal use.
- No other use. YOU MUST ONLY USE THE SERVICES, INCLUDING THE RESOURCES AND REPORTS, IN ACCORDANCE WITH THESE TERMS. ANY USE OF THE SERVICES OR ANY FEATURES OF THE SERVICES, THE RESOURCES OR THE REPORTS, EXCEPT USE AS PERMITTED OR AUTHORISED UNDER THESE TERMS, IS STRICTLY PROHIBITED. SUCH OTHER USE MAY INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES. RAMMP RESERVES ANY AND ALL RIGHTS WHICH HAVE NOT BE EXPRESSLY GRANTED UNDER THESE TERMS.
- Termination and cancellation by you. You may cease using the Services and cancel your Subscription Plan at any time through your Account or by contacting us. Cancellation of your Subscription Plan shall be effective at the end of the then current month of your Subscription Plan. You are solely responsible for retrieving your User Data and obtaining any copies of Reports prior to ceasing your use of the Services and cancellation of your Subscription Plan. Termination does not relieve you of your obligation to pay any outstanding fees which have accrued prior to termination.
- Suspension and termination by us. We reserve the right to suspend your Subscription Plan or terminate your access to and use of the Services in our sole discretion. Where we suspend your Subscription Plan or terminate your access to and use of the Services without cause, we will use reasonable endeavours to provide you with at least thirty (30) days notice with instructions to retrieve your User Data and Reports. We may otherwise immediately suspend or terminate your Subscription Plan and these Terms and/or your access to and use of the Services, and without liability to you for any loss of your User Data and Reports, where:
49.1 you breach a provision of these Terms (or act in a manner that demonstrates you are unable to, or do not intend to, comply with these Terms);
49.2 you access or use the Services in a fraudulent or unlawful manner;
49.3 you access or use the Services for fraudulent or illegal activities;
49.4 you harass, abuse or threaten to harass or abuse us or other users of the Services;
49.5 we are required to do so by law;
49.6 there are unexpected technical or security problems or issues with the Services;
49.7 we elect to discontinue the Services, in whole or in part;
49.8 you fail to pay any fees owed in relation to your use of the Services; or
49.9 your Account has been inactive for an extended period of time.
- Survival. Certain provisions of these Terms will survive the termination of these Terms and shall apply indefinitely, these include clauses 7 (No right of survivorship); 30 (Rights to Content); 32 (User Data); 33 (Ownership); 42 (Payment method); 43 (Intellectual Property); 50 (Effect of termination); 51 (Survival); 52 (Links to third party sites); 55 Disclaimer; 56 (Limitation of Liability); 57 (Indemnity); 59 (Notices); 60 (Assignment); 61 (Waiver); 62 (Severance); 63 (Entire agreement); 64 (Jurisdiction).
K. Third party sites and services
- Links to third party sites. The Services, the Resources and/or the Reports may contain links or produce search results that reference links to third party websites (Linked Sites). We have no control over these Linked Sites or their content and we do not assume responsibility or liability for any content, opinions or materials available on any Linked Site. A reference to a Linked Site should not be construed as RAMMP’s endorsement of the Linked Site or the operator or owner of the Linked Site or their products or services. We do not warrant that a Linked Site is free from harmful or malicious code. By accessing or using the Linked Sites, you agree and understand that such access and use is at your own entire risk. To the maximum extent permitted by law, we are not liable to you and we assume no responsibility to you for any loss, damage or liability (of any kind) as a result of your visit to or reliance on the content of a Linked Site.
- Third-party services and software. The Services may include access to third party services and software. You are responsible for ensuring that you comply with any and all terms which apply to such third party services and software. Access and use to any third party services and software are provided for convenience only and you agree and understand that such access and use is at your own entire risk. To the maximum extent permitted by law, we are not liable to you and we assume no responsibility to you for any loss, damage or liability (of any kind) as a result of your access to and/or use of any third party services and software.
L. Disclaimer of warranties, limitation of liability and indemnity
- Performance. The Services may be affected by reasons outside our control, including incompatible devices, poor internet connection or other external factors affecting performance of the Services. While RAMMP undertakes reasonable endeavours to ensure the Services function properly and with limited downtime, RAMMP does not provide any warranties or guarantees in relation to the availability or reliability of the Services.
- Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DO NOT REPRESENT OR WARRANT TO YOU THAT THE SERVICES, THE RESOURCES OR THE REPORTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THEY ARE SUITABLE FOR YOUR INTENDED PURPOSE, OR THAT YOU WILL OBTAIN ANY SPECIFIC RESULTS OR ACHIEVE ANY SPECIFIC OUTCOMES FROM YOUR ACCESS TO OR USE OF THE SERVICES, THE RESOURCES OR THE REPORTS. WE PROVIDE THE SERVICES, THE RESOURCES AND THE REPORTS TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE SERVICES, THE RESOURCES OR THE REPORTS, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK, HAVING MADE YOUR OWN ENQUIRIES AS TO WHETHER THE SERVICES, THE RESOURCES OR THE REPORTS ARE ACCURATE, COMPLETE AND SUITABLE FOR YOUR INTENDED USE. ANY INFORMATION, RECOMMENDATIONS OR ADVICE PROVIDED THROUGH THE SERVICES, THE RESOURCES OR THE REPORTS ARE SUGGESTIONS ONLY AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER AND WHAT ACTIONS (IF ANY) YOU SHOULD TAKE AS A RESULT OF YOUR ACCESS TO AND USE OF THE SERVICES, THE RESOURCES OR THE REPORTS. NEITHER WE NOR ANY OF OUR AFFILIATES ARE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY (OF ANY KIND) FOR ANY ERRORS OR OMISSIONS IN, OR YOUR ACCESS TO, USE OF, RELIANCE ON OR OTHERWISE ANY ACTION YOU TAKE AS A RESULT OF THE SERVICES, THE RESOURCES OR THE REPORTS. ALTHOUGH WE USE OUR REASONABLE ENDEAVOURS TO ENSURE THAT THE SERVICES, THE RESOURCES OR THE REPORTS ARE FREE FROM VIRUSES AND OTHER HARMFUL CODE, WE DO NOT REPRESENT OR WARRANT TO YOU THAT ANY MATERIAL THAT YOU ACCESS AND/OR DOWNLOAD FROM THE SERVICES WILL BE FREE FROM VIRUSES AND FROM OTHER HARMFUL CODE. YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, THAT NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED AS BEING TOTALLY SECURE AND THAT YOUR DATA TRANSMITTED USING THE SERVICES IS AT YOUR OWN RISK.
- Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES ARE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF AND RELIANCE ON THE SERVICES, THE RESOURCES OR THE REPORTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU UNDER ANY GUARANTEE, CONDITION OR WARRANTY (INCLUDING, WITHOUT LIMITATION, ANY GUARANTEE, CONDITION OR WARRANTY OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR PURPOSE OR FITNESS FOR DISCLOSED RESULT), OR ANY OTHER RIGHT OR REMEDY, UNDER ANY LEGISLATION OR IMPLIED INTO THESE TERMS BY ANY LEGISLATION (STATUTORY GUARANTEES), IS HEREBY EXCLUDED. WHERE WE ARE LIABLE UNDER ANY STATUTORY GUARANTEES, AND ANY LEGISLATION AVOIDS OR PROHIBITS PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING THE APPLICATION OF, OR EXERCISE OF, OR LIABILITY UNDER, SUCH STATUTORY GUARANTEES, OUR LIABILITY FOR ANY BREACH OF SUCH STATUTORY GUARANTEES SHALL BE LIMITED, AT OUR OPTION, TO EITHER: 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 THE CIRCUMSTANCES.
- Indemnity. You agree to indemnify and keep indemnified RAMMP and its affiliates, and their respective directors, officers, employees, agents, contractors and licensors, from and against any claim or demand, including reasonable legal costs, made by a third party, relating to or arising from:
57.1 your use of the Services, the Resources or the Reports;
57.2 any Content including Reports, you upload, store, import into, create, generate through or otherwise share using the Services;
57.3 your breach of any provision of these Terms;
57.4 any action taken by RAMMP relating to the enforcement of these Terms or as a result of your breach of these Terms; or
57.5 your infringement of the intellectual property rights or other proprietary rights of third parties.
- Notices. RAMMP may provide you with notices or notifications from time to time in relation to the Services or these Terms. Such notices or notifications may be provided by email to your then current email address registered to your Account or by posting the notice through the Services and/or our website.
- Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign our rights and obligations under these Terms without notice to you.
- Waiver. If we waive, in whole or part, any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- Severance. Any provision in these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
- Entire agreement. These Terms contain the entire agreement between you and RAMMP in relation to its subject matter and supersedes any other prior agreements between you and RAMMP in relation to the Services.
- Jurisdiction. These Terms are governed by the law applying in the State of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of the State of Queensland and the division of the Federal Court of Australia in that jurisdiction, and the courts of appeal from them. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- Contact us. If you have any questions regarding these Terms, the Services or your dealings with us, please contact us using the following details:
Address: PO Box 5388, West End, Queensland 4101 Australia
- Copyright and Legal Notice. Copyright © 2023 RAMMP Pty Ltd. All rights reserved.