Service Terms ( as at 19th February 2019 )
Set out here are the terms of service ("Terms") for providing your use and access to the software ("Software") provided on the internet by the Australian company, Programmer Pty Ltd ("Programmer"). Using this Software is contingent on you agreeing to be bound by these Terms, which are detailed at this website address here Whenever you use or access this Software on behalf of an organisation, you are also agreeing to these Terms for that organisation and the words "you" ( and "your" ) is a reference to that organisation.
These Terms may be sometimes later changed by Programmer and if that happens, the Terms will be updated here on this website. Changes to the Software and new additions to the Software are also subject to the Terms. We will notify you by email via the email address provided by you in your account in the Software ( or other means ) of any significant changes to the Terms. You are able to terminate the use of our Software in the advent you do not agree to the changes to the Terms. However, by your continued use of the Software after the changes to the Terms become effective, you agree to be bound by the newer Terms.
Our Policy on Privacy
You must be at least 18 years of age to use this Software and agree that you, or your organisation, have the legal right and legal ability to agree to be bound by these Terms. Upon registering to use the Software, you agree to provide accurate registration information when prompted by the Software and to keep such information up-to-date in the Software. Also, you authorise Programmer to check the validity of this information that is needed for the Software?s use.
The license to use the Software is subject to these Terms and is granted to you as a non-exclusive and non-assignable limited licence ( when ordered and paid ) solely for your own internal use for the term of such use or before, if your use is terminated earlier. Use of the documentation for our Software is solely limited to your use of the Software. Any rights not expressly given in these Terms are reserved by Programmer Pty Ltd. That is, all rights, titles and interests in and to the intellectual property rights in our Software and related documentation and any corrections, derivatives, enhancements, modifications, updates and upgrades to our Software and related documentation, including all intellectual property and other proprietary rights contained within, belong solely and exclusively to Programmer Lty Ltd and its licensors. Our Software and services may include certain third party products, components and support services. For any such software or services that you use here, you agree to comply with the terms and conditions of such third party products and services.
Level of Service
Programmer makes commercially reasonable efforts to keep our Software and service operational 24 hours a day and seven days a week, except for planned downtime for maintenance and upgrades. Also, commercially reasonable efforts will be made to provide at least two day advance notice of any planned disruption to the Software and its provision. That said, despite our efforts to maintain continued supply and use of the Software, such supply may at times be interrupted and Programmer Pty Ltd is not responsible for these interruptions or any damages as a result of these interruptions. Programmer Pty Ltd reserves the right for any reason, to change or discontinue at any time, any or all of the Software?s services without any liability to you.
Depending on the Software Plan you have chosen, you will be charged the corresponding fee for that plan. Payments of this fee are made in advance of the term for that plan. In the event that you change your plan to one that has a higher or lower fee, the new higher or lower fee will apply from the start of the next term. Any and all payments made are non refundable, except for the amount of payments made that are in excess of 30 days of use. In other words, refunds are not provided for less than 30 days of use or non use. These fees include the Goods and Services Tax if you are resident in Australia, otherwise no taxes or duties are included in the fee in which you would be responsible for. This means that you agree to pay any taxes or duties you are responsible for in using the Software. Any changes to the fee structure or plan will be notified to your email address or updated on this website.
Programmer Pty Ltd does not own any of your data, information or images ( "Your Data" ) that you post or upload to our Software service. For between you and Programmer Pty Ltd, you retain title to and ownership of all right, title and interest in Your Data. By using our Software, you grant Programmer a limited license to access, process, transmit and use Your Data for the sole purpose of providing our Software service to you and for complying with these Terms. In other words, Your Data will not be disclosed to any external parties, except for generalised, aggravated or non personal data and as such will be ensured to not identify you or any other identity. Following any expiration or termination of these Terms or your account, Programmer will retain a copy of Your Data for 30 days and thereafter have no obligation to maintain or provide access to Your Data and will, unless legally prohibited, delete all Your Data in such account. The exporting of Your Data at the end of using the Software service is understood by you to be your sole responsibility. However, any assistance required by you from Programmer to export Your Data may entail a seperate fee from you.
Information that is confidential ("Confidential Information") is defined here as propriety or non public information and/or materials ( or even knowledge ) which is indicated as confidential or at least reasonable understood to be confidential in the circumstances. We are committed to protecting the confidentiality of your Confidential Information as explained below. Accessing or disclosing the use of Confidential Information and other limits regarding such information is solely and exclusively governed by these Terms. The only exception is in the event of later written agreements between Programmer Pty Ltd and you. The obligations arising from these Terms in regard to Confidential Information shall stay in effect for the Term and for one year thereafter. During this Term, Programmer Pty Ltd may disclose to you their Confidential Information and visa versa. For example, the information you enter to register the Software is Confidential Information and details of the Software, documentation and pricing plans is also Confidential Information. Each party, Programmer Pty Ltd and you, agree to protect each others Confidential Information from access or disclosure to other parties, that are not authorised. Such protection extends to at least the same level of control as the disclosing parties protection of its own Confidential Information. The access or use of the other parties Confidential Information is only permitted for performing the Terms and only to employees of either party who need to know this Confidential Information to enable the Terms and who are also obligated by the same Terms. Confidential Information received from each party, Programmer Ptd Ltd or you, terminates as Confidential Information if either such information was already known to the other party in a lawful way that was without an obligation for it to be confidential, or such information was commonly available to the public before the disclosing party become aware of it. Additionally, each party, Programmer Pty Ltd or you, may provide the other parties Confidential Information to other parties if compelled by law or court of law or government authority and notify the other party promptly of such an event if legally permissible by law.
It is your sole responsibility to ensure that your access to the Software complies with these Terms, and your log in account information, passwords and security settings for the use of the Software remain confidential, and the legitimate and reasonable use by you of the Software. Programmer Pty Ltd is not responsible for any loss or change to Your Data, except for our breach of these Terms. Also, you agree to promptly notify Programmer Pty Ltd of any noticed access or password disclosure to your account that you have not authorised. Programmer Pty Ltd retains the right to terminate your use of the Software without notice in the event of suspicious activity of your account that appears not authorised and agree to help investigate any such use. Also, you agree to comply with all relevant laws and regulations in connection with your use of the Software, including data protection, privacy, transmission of data and export control laws and regulations.
You and your authorised personal agree to: (a) not remove or modify any trademarks, trade names, service marks, service names, images, logos or brands, or copyright or other proprietary notices on our Software and Services or its documentation, or add any other markings or notices to it, and (b) not use our Software or Services or permit our Software or Services to be used to perform any related services for any third party, or otherwise license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our Software or Services in any way, and (c) not post, upload or permit our Software or Services to be used to post or upload any Customer Data that infringes the intellectual property rights or other proprietary rights of any third party, is unlawful or contains objectionable material or contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots, and (d) not use our Software or Services or permit our Software or Services to be used to store, host or send unsolicited email, spam or SMS messages, and (e) not use or permit the use of any software, hardware, application or process that interferes with our Software or Services, interferes with or disrupts servers, systems or networks connected to our Software and Services, or violates the regulations, policies or procedures of such servers, systems or networks, accesses or attempts to access another customer?s accounts, servers, systems or networks without authorisation, or harasses or interferes with another customer?s use and enjoyment of our Software and Services, and (f) not tamper with or breach the security of our Software or Services, and (g) not modify, port, adapt, translate or create any derivative work based upon, our Software or Services or its documentation, and (h) not reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of our Software or Services.
Programmer Pty Ltd provides the Software and Services on an "As Is" and "As Available" basis and disclaim any and all warranties. In particular, Programmer Pty Ltd does not warrant that our Software or Services ( or part thereof ) are free of errors, nor without interruptions, secure or free of computer viruses. Also, Programmer Pty Ltd gives no warranty that the Software and Services will meet your performance and quality requirements, nor will corrections for any defects necessarily be corrected within any stipulated time period. The use of our Software and Services means that sensitive and Confidential Information is sent over the internet through third party services that Programmer Pty Ltd does not control. Programmer Pty Ltd makes no warranty in regard to the security of these third party services. All risk and responsibility for any corruption or loss of your data sent over these third party services is with you, despite any security measures that are provided by Programmer Pty Ltd.
Limitations of Liability
With the exception of misappropriating intellectual property, neither party, that is, Programmer Pty Ltd or you, shall be liable to the other party for any type of incidental or consequential damages from the use of our Software or Services. For example, there is no liability for any loss of business, loss of goodwill, loss or corruption of data or the interruption of service. In any event, the limit of liability of Programmer Pty Ltd to you or any third party is no more than the fees paid by you in the previous six months of the events giving rise to the claim. Conversely, these limits of liability for you shall not reduce your payment obligations to Programmer Pty Ltd for using the Software or Services. Claims against Programmer Pty Ltd are limited to be made no more than one year after the events giving rise to the claim. These limits of liability form an essential term of the contract between you and Programmer Pty Ltd and shall survive and apply after the end of any subscription term.
Third Party Software and Services
The Software we use may contain or use or refer to software or services from other third parties that Programmer Pty Ltd does not own or control. These third party software or services or content are not endorsed by Programmer Pty Ltd. Your access to these third party software or services or websites are done at your own risk and agree that Programmer Pty Ltd is not responsible for your use of them.
Marketing Information Programmer Pty Ltd does not use your name or logo to identify you as a customer on our website or in other sales or marketing materials, without your prior consent.
Termination of Service
The term ("Term") of your use of our Software and Service commences when you sign up on our website and continues until your account is terminated under these Terms. Your account may be terminated any time by you for any reason, simply by emailing your request with your account name to email@example.com ( including the word "programmer" in the title ) and stopping the use of our Software or Services. Alternatively, the use of our Software or Services may be terminated by us at any time but not before notifying you in writing or email, unless such a termination is because there is a suspected or actual breach of these Terms by you. At the end of the Term: any unpaid fees become due and payable, and the use of our Software and Services stops, and your rights to use our Software and Services under these Terms ends. Programmer Pty Ltd or its associates shall not be liable to you for any termination. Nevertheless, despite the above, the Terms headed ?Fees?, ?Your Data?, ?Confidentiality?, ?Warranty Details?, ?Limitations of Liability?, ?Termination of Service?, ?Miscellaneous Terms? and ?Contact Information? will survive any end or termination of these Terms.
The parties: Programmer Pty Ltd is an independent contractor. Nothing in these Terms shall be deemed to constitute a joint venture or partnership between the parties, nor constitute any party as the agent of the other party for any purpose, or entitle any party to commit or bind the other party in any manner. The entire agreement: These Terms constitute the entire agreement between you and Programmer Pty Ltd regarding its subject matter, and supersedes all prior or contemporaneous, written or oral understandings, communications or agreements (including any prior versions of the Terms ) between you and Programmer Pty Ltd regarding the subject matter. These Terms may be altered, supplement or amended by us as set forth above in the Section entitled ?Terms?, and may not be altered, supplemented or amended by you unless agreed in a separate written ( non email ) agreement signed by an authorised repressive of Programmer Pty Ltd. Severability: If any provision of these Terms is held to be unenforceable, the unenforceable provision shall be replaced by an enforceable provision that comes closest to the parties? intentions underlying the unenforceable provision, and the remaining provisions of these Terms shall remain in full force and effect. The unenforceability of any provision in any jurisdiction shall not affect the enforceability of such provision in any other jurisdiction. Assignment: Programmer Pty Ltd may assign or transfer these Terms, in whole or in part, to any Programmer Pty Ltd affiliated company or in connection with any acquisition, consolidation, merger, reorganization, transfer of all or substantially all of its assets or other business combination, or by operation of law without your consent and without providing notice. Also, Programmer Pty Ltd may subcontract its obligations here, provided that Programmer Pty Ltd shall at all times remain fully responsible for the performance of any subcontractor. You may not assign or transfer any part of these Terms, or delegate your duties or responsibilities under these Terms, by business combination, operation of law or otherwise without our prior written consent. Subject to this above, these Terms will bind and benefit the parties and their respective successors and permitted assigns. Third Party Beneficiaries: Except as expressly provided in these Terms, nothing in these Terms, express or implied, is intended to confer upon any other party ( other than their respective successors and permitted assigns ) any rights or obligations, to enforce these Terms. Jurisdiction: These Terms shall be governed by the laws of Tasmania, Australia. These Terms shall not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The respective courts of Tasmania, Australia shall have exclusive jurisdiction for any dispute between the parties, and the parties consent to venue and personal jurisdiction there. Force Majeure: Programmer Pty Ltd shall not be liable for failures caused by any circumstances beyond Programmer Pty Ltd control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer hardware, telecommunications, internet service provider or hosting facilities, power shortages or denial of service attacks.
We may communicate with you via email at the email address associated with your account, or through our Services ( for example, through pop-up dialog boxes ), or on our website regarding your account, system updates or other matters related to our Software and Services for your account. You may opt out of receiving emails from us by terminating the Services. If you have any questions about these Terms, or if you want to contact Programmer Pty Ltd for any reason, please write to:
Programmer Pty Ltd, 36 Tasman Highway, St Helens, Tasmania 7216 Australia.