Terms and Conditions of Use of Website
In this document: We, Our and Us means in any particular instance, SixPivot Pty Ltd ABN 59 606 416 693; the Website means and all password protected areas that are accessible by registered customers via the Website. You and Your means the natural person or entity using, browsing or otherwise accessing any content or data on the Website, including any other websites related to CloudCTRL which are owned and/or operated by Us and/or our related entities, subdomains of the Website, or related top-level domains including www.CloudCTRL.com.au, mobile sites, apps, APIs and widgets (together, Our Websites).
We reserve the right to change any of the Terms or other conditions for using Our Websites at any time by publishing new terms or conditions on the Website. Your use of Our Websites constitutes Your acceptance of those terms and conditions as amended or replaced from time to time. Should You object to any of Our terms and conditions of use or other notices on Our Websites Your sole option is to immediately cease Your use of Our Websites.
Intellectual property and ownership of content
Unless indicated otherwise, all content and materials (in any format) on Our Websites and all intellectual property in Our Websites is owned or licensed by Us. Subject to these Terms, You agree that You will not infringe Our intellectual property as contained in Our Websites and will not modify, copy, republish, frame, distribute or communicate any part of Our Websites or any information contained in it without our express prior written consent or otherwise use Our Websites in a way which will infringe Our intellectual property or other rights.
We grant You permission to download Our copyright material only for private and non-commercial purposes. You may only reproduce or use Our copyright material for any other purpose with Our prior written consent, which may be given subject to such conditions as We, in Our absolute discretion, may impose.
All rights not expressly granted are expressly reserved.
Restrictions on use of Websites
In accessing or using Our Websites you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index Our Websites or any content on Our Websites without Our express prior written consent;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of Our Websites;
(c) undertake any action that will impose a burden or make excessive traffic demands on Our infrastructure that we deem, in Our sole discretion, to be unreasonable or disproportionate site usage;
(d) use or index any content or data on Our Websites for purposes of competing with Us in any manner that we have not specifically authorised;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use Our Websites or any content from Our Websites in any manner which is, in Our sole discretion, not reasonable and / or not for the purpose it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term or Condition of Use or other condition imposed by Us or any applicable law;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our Websites or any content on Our Websites, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of Our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
Third Party Content
Our Websites may contain content provided to Us by links to sites owned by other parties (Third Party Content). We do not have a practice of monitoring or making inquiries about Third Party Content. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. You access and rely on Third Party Content completely at Your own risk.
Except as otherwise required by law, Our Websites are provided "as is" and without any warranty or condition, express or implied.
We do not warrant that the information contained in or accessible through Our Websites is reliable, accurate, suitable for Your purposes or without errors, omissions or viruses. We do not guarantee continuous, uninterrupted or secure access to Our Websites. You acknowledge that access and Use of Our Websites (including the software operating in connection with Our Websites) may be interfered with by numerous factors outside of Our control. We do not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through Our Websites.
Other than as expressly set out in these Terms and to the maximum extent permitted by law, We make no representations or warranties in respect of the information and materials available on Our Websites (including, but not limited to, any content or information generated on Our Websites by or on behalf of Us, and any Third Party Content on Our Websites) or the means of accessing that information and material (including the software operating in connection with Our Websites). We make no warranty or representation and accept no responsibility for any websites operated or controlled by entities other than Us which are or may become linked or framed to or from Our Websites.
Limitation of Liability
You agree that, to the maximum extent permitted by law, We and Our related entities, directors, officers and agents are not liable to You or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with: (a) the use of Our Websites; (b) Your reliance on anything contained in or omitted from Our Websites; (c) being unable to access Our Websites for whatever reason and however arising, including (without limitation) negligence; and/or (d) the failure of Our Websites for whatever reason and however arising including (without limitation) negligence.
You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to Your breach or non-observance of any of these Terms; and/or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
Choice of law
These Terms, and any agreement of which they form part, are governed by the laws of Queensland, Australia.