Terms & Conditions
These terms and conditions apply to the use of this website and the services that Tistime™ offers to its clients. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you must refrain from using the website and becoming a user/client of this website.
Terminology
In these terms and conditions, the terms “we”, “us” and “our” are a reference to Tistime™ and its related entities.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Minimum Software Requirements
This website has been optimised for viewing and use with Windows Internet Explorer version 7.0 (and above) and Firefox version 2.0 and above. The website should be usable and viewable on Windows Internet Explorer version 6.0 and Firefox version 1.0 and on Safari, however slight changes may occur. On any lower versions, or if you are using other browser software, you may encounter problems with the functionality of the website.
Privacy
We place a high importance on keeping your information secure and confidential and we undertake to comply with the terms of our privacy policy which is set out in this website.
Intellectual Property
This website contains registered or pending trademarks. Unless otherwise stated, these trademarks belong to us and you are not authorised to use these trademarks other than as authorised by law or allowed by these terms and conditions.
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website without our written permission.
We acknowledge that we shall not acquire exclusive intellectual property rights in respect of any material or information that you provide to us through this website.
Registration
In order to be able to access the services that we offer you must register to become a client. To register you must complete your registration details and insert all compulsory fields in the manner set out on this website. Registration is non-transferable.
Unless otherwise stated, all prices quoted are inclusive of GST and are in Australian dollars. The amount we charge will depend upon the number of items which you register, the number of alert contacts that you nominate, the contact methods that you nominate. Other factors, for example financial institution fees, may impact the price we charge for our services.
All services are on a fixed term subscription basis (subject to renewal on payment of renewal fees).
Refund Policy
If you change your mind and notify us in writing within 7 days of payment that you wish to cancel an item, we will remove the item and return the full amount paid by you (less any financial institution fees) within 30 days of your notification to us.
Clients’ Obligations
By registering and becoming a client you agree to comply with the following terms and conditions:
- you are responsible for protecting the confidentiality of your password.
- you shall not impersonate any other person.
- you shall provide current, accurate and up-to-date information about yourself as required under these terms and conditions.
- you shall be solely responsible for ensuring that all information that you provide to us is and remains current, accurate and up-to-date.
- in acquiring our services and providing any information to us you shall not infringe the rights of any third party.
- you shall not upload or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
- you shall pay the fees applicable for the provision of our services to you on the terms agreed when you become a client or on the terms agreed when renewal of your subscription period becomes due.
Security of Information
All your information is stored on our systems unless otherwise specified. Safeguards including physical, technical (firewalls, SSL encryptions etc) and procedural methods are used to protect your information. However, no data transmission over the internet can be guaranteed as totally secure and we do not warrant and cannot ensure the security of any information which you transmit to us or receive from us. Accordingly, any information which is transmitted between us is transmitted at your sole risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security and confidentiality of such information.
Alert Messages
Part of our services to you may include our sending alert messages to your nominated alert contact warning of the approach or occurrence of certain key dates during the subscription period. These alert messages are generated and sent to the alert contacts you nominate and may take the form of letters, sms, email and facsimile messages amongst others. While we will use our best endeavours to ensure that these alert messages are generated and sent, we do not warrant that they will be received on time, or at all, by the alert contacts that you nominated. This is because we may need to rely on third parties (such as telecommunications companies) for the transmission of these alert messages.
You are solely responsible for inputting accurate details and information and for maintaining such accuracy at all times during your subscription period. We do not check any details or information, and we are not responsible for monitoring receipt of alerts. You will not receive any notification of failed alerts.
Note: You may enter dates beyond the subscription period, but alerts will not be sent unless you extend the subscription period to cover the relevant alert date.
Linked Websites
This website may contain links to other websites (“linked websites”). Those links are provided for your convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites, and the linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we expressly state otherwise.
Disclaimer
The services that we provide to you pursuant to these terms and conditions are mainly generated from computer software and databases. While we have made every effort to ensure that such software and databases are stable, secure and reliable, we do not warrant that they are infallible. Consequently you should not rely solely on our services to achieve any particular result.
We do not warrant that the information you submit to us will be protected against loss, misuse or alteration by third parties. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website, or arising out of our failure to deliver the services offered by us.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to a refund of the relevant fees paid by you for these services for the 12 months preceding the breach of the relevant condition or warranty by us.
The disclaimers set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Specific Warnings
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the services, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service.
Indemnity
You agree to indemnify and hold us, our officers, employees and agents, harmless from any claim, loss, liability, or demand, (including reasonable legal fees), arising out of or relating to:
(a) your use of this website in violation of these terms and conditions; and
(b) any other breach of these terms and conditions by you.
Termination
Our services will be for a fixed period in respect of each item which you register and will expire at the end of the period unless renewed. We may (but need not) send you advance warning(s) that our services in respect of that event is coming to an end and notify you when that time occurs. If you do not renew the services for an item then you will receive no further alerts and the information we hold about that item may be removed from our system.
We may terminate our services to you and your registration as a client at any time without notice if we reasonably believe that you have breached any one or more of these terms and conditions.
Our disclaimers will nevertheless survive termination.
Governing Law
These terms and conditions are governed by the laws in force in the State of Western Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia.
General
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
BY VISITING THIS WEBSITE OR REGISTERING AS A CLIENT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE ABOVE TERMS AND CONDITIONS OF USE.
