Customer Terms and Conditions
LAST UPDATED: May 2023
1. GENERAL
- AcudocX Pty Ltd (“AcudocX” or “we” or “us” or “our”), a company incorporated in the state of Queensland, operates the websites https://immitranslatingservice.com.au, www.acudocx.com.au and https://app.acudocx.com.au/ (the “Websites”), the services offered on the Website from time to time (as set out below in clause 2.1), and owns (or licences) the software on the Websites (collectively, the “Service”).
- These terms of service, along with the Privacy Policy and Customer Session Rules and Guidelines at Schedule 1, form the agreement in respect of the Services with you (Agreement).
- This Agreement applies to all visitors, users, account holders, members, and others who access and use the Service in any manner (“User” or “you”).
- By accessing or using the Service, you agree to be bound by this Agreement.
- We reserve the right, at our complete discretion, to amend or modify this Agreement at any time. We will notify you of any changes either by replacing this Agreement on the Websites (showing the time that it was updated), or via email, or via any other means we deem reasonable. Any changes made will become effective immediately and either your explicit consent or your continued use of the Service constitutes your acceptance of the new terms. If you do not agree with any amendment or modification of this Agreement, then you can choose to terminate this Agreement at any time, by ceasing to use Services and cancelling your account with us.
- Please read the Agreement carefully in its entirety to ensure that you understand each provision.
- IMPORTANT NOTICE: THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND US ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING INTO THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, OR TO BE PART OF A CLASS ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.
- If you do not agree to all of the terms of the Agreement, you must not use or access any parts of the Service
2. ACCESS AND USE OF OUR SERVICE
2.1 Eligibility
- By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
2.2 Your Accounts
- In order to use or access the Service, you will need to establish an AcudocX account on our Website, either as a customer or a language service provider, depending on which of our Services you require. An AcudocX account gives you access to the features and functionality of the relevant Service that we may establish and maintain from time to time and at our sole discretion.
- We may maintain different types of accounts for different types of Users.
- If you open an account on the Websites on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
- To the extent that you connect to our Websites via a third-party service (for example through Facebook), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials and information for that service. You must only use third party service accounts owned by you, and not by any other person or entity.
- When creating your account, you must provide accurate and complete information.
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (for example, passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account.
- You may not allow any other person to access or use the Service with your unique username, password, or other security code. You must notify AcudocX immediately of any breach of security or unauthorized use of your account. AcudocX will not be liable for any losses caused by any unauthorized use of your account.
- We reserve the right to terminate accounts that are inactive for an extended period of time, as we reasonably determine, with or without notice.
- We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.
- If your account is terminated for any reason, you must obtain written authorization from AcudocX prior to establishing another account. If you attempt to establish another account without obtaining such authorization, AcudocX may permanently ban you from the Service.
- A person may not have more than one active User account at any time without the written consent of AcudocX in each instance.
- You are solely responsible for your interactions with other AcudocX Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AcudocX will not have any liability for your interactions with other Users, or for any User’s action or inaction.
2.4 General Obligations of Use
You must not engage in any of the following prohibited activities:- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, trojans or other malicious software through the Service;
- collecting or harvesting any personally identifiable information, including account names, email addresses, from the Service;
- accessing without authority, interfering with, damaging or disrupting
- any part of the Websites;
- any equipment or network on which Websites is stored;
- any software used in the provision of the Websites; or
- any equipment or network or software owned or used by any third party in connection with the Service.
- using the Service for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorised by the Service;
- bypassing the measures, we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- using the Service to support, incite or promote discrimination, hostility or violence;
- using any AcudocX trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data
- adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with AcudocX trademarks;
- copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of AcudocX;
- framing or hotlinking to the Service or any content other than your own without the prior written consent of AcudocX;
- making derivative works based on the Websites;
- removing or altering any copyright, trademark, logo or other proprietary notice or label appearing on the Websites, or materials provided on the Websites;
- using the Service for any unlawful, fraudulent or criminal purpose;
- using the Service to cause nuisance, annoyance or inconvenience, in any manner whatsoever,
- using the Service which in any respect:
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- may be obscene, indecent, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- may infringe or breach the copyright or any Intellectual Property Rights (as defined below) or privacy or other rights of us or any third party;
- is contrary to any specific rule or requirement that we stipulate on the Websites in relation to a particular part of the Websites or the Websites generally.
- You must not copy, modify, adapt, duplicate, encrypt, tamper, reverse engineer or extract any source code of any part of the Service, without our prior written consent.
- You must not display, distribute, license, lease, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload, for any commercial purpose, any portion of the Service.
- Your use of the Service is on a non-exclusive basis in respect of the operation and functionality of the system, and only for so long as AcudocX is willing to provide the Service.
- To use the Service, you will require Internet connectivity. We will not have any responsibility or liability for any data or other costs you may incur (for example mobile data costs and internet connection fees).
- You agree that your service request may be subcontracted, by which assigned or outsourced, to other certified third parties.
- You agree to comply with all applicable local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
- You must not assign or transfer your account, or your rights and obligations under this Agreement, to any other person.
2.5 Availability
- We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof, including features or functionality) with or without notice.
- Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Service for any reason. If we impose restrictions on you personally, you must not attempt to use the Service under any other name or user.
- You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- We do not warrant that the Service will be compatible with all hardware and software which you may use. We are not liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We are not liable for the actions of third parties.
2.5 Availability
- We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof, including features or functionality) with or without notice.
- Access to the Service may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Service for any reason. If we impose restrictions on you personally, you must not attempt to use the Service under any other name or user.
- You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- We do not warrant that the Service will be compatible with all hardware and software which you may use. We are not liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We are not liable for the actions of third parties.
2.6 Storage
We may, with or without prior notice, set or change the maximum period of time that documents, data or content will be retained by the Service and the maximum storage space that will be allotted on AcudocX’s servers or systems on your behalf. You understand and agree that AcudocX has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by the Service.
3. ORDERING AND PAYING
3.1 Ordering and Delivery
- You may place an order for particular Services through the Websites, by logging into your registered account.
- When placing an order for Services through our Website, you acknowledge and agree that:
- we allow you to select a delivery time for certain Services, and if we fail to deliver any part of your order within that selected time, then we may elect to provide you a credit and if we do this is your only remedy for our failure to deliver within the time-frame;
- otherwise, we will fulfill your order for Services as soon as is reasonably practicable, but time is not of the essence.
- The parties acknowledge and agree to the ordering and cancellation rules set out in the Customer Session Rules and Guidelines at Schedule 1).
3.2 Fees
- The Services are offered at the prices and fees set forth on the Websites (and customer portals accessible through the Website) or as otherwise notified by us to you, and as those prices and fees are amended by us from time to time. By requesting Services, you agree to pay the applicable prices and fees for those Services.
- The prices and fees are exclusive of any applicable taxes.
- You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions in connection with the Services.
- We reserve the right to change our prices and fees at any time.We may provide notice of the change on our Website (by simply updating the price) or in email to you. Your continued use of the Service after any price or fee change constitutes your acceptance of the change and agreement to pay the changed amount. If you do not agree with the price or fee change, you can elect to terminate your account and cease using our Service.
3.1 Ordering and Delivery
- You may place an order for particular Services through the Websites, by logging into your registered account.
- When placing an order for Services through our Website, you acknowledge and agree that:
- we allow you to select a delivery time for certain Services, and if we fail to deliver any part of your order within that selected time, then we may elect to provide you a credit and if we do this is your only remedy for our failure to deliver within the time-frame;
- otherwise, we will fulfill your order for Services as soon as is reasonably practicable, but time is not of the essence.
- The parties acknowledge and agree to the ordering and cancellation rules set out in the Customer Session Rules and Guidelines at Schedule 1).
3.3 Payment Terms and Payment Method
- You may pay your order by a valid credit card, or by any other method that we determine from time to time.
- We accept payment by Visa, Mastercard and American Express, but we may change the cards that we accept from time to time.
- We use PayPal, Inc. (“PayPal”) for payment processing.
- To the extent that we permit you to pay through PayPal, you acknowledge and agree that you are subject to the terms and conditions of use of PayPal. Please review these terms and conditions before using PayPal to pay for our Service.
- All information that you provide in connection with a purchase or transaction with the Service must be accurate, complete and current. We will not be responsible for any loss suffered by you as a result of incorrect or incomplete information provided by you.
- You agree to pay all charges incurred by users of your credit card, debit card, or other payment method we make available in connection with a purchase or transaction or other monetary transaction interaction with the Service.
3.4 Rejection and Cancellation by AcudocX
- In addition to any of our rights in Schedule 1, notwithstanding that an order for Services has been placed by you with us, we may in our absolute discretion reject an order (or any part thereof) where:
- i) you have breached any provision of this Agreement; or
- ii) (without limiting sub clause (i)) we have not received payment for Services previously provided to you; or
- iii) in the event of a “Force Majeure Event” (meaning any event beyond the reasonable control of us, in consequence of which we cannot reasonably be required to perform obligations under this Agreement including but not limited to, fire, outbreaks of war, pandemics, epidemics, acts of hostility, terrorist activity, national emergency, government action, or any act of God, where any of our employees, agents or contractor who are directly involved in providing the Services are sick or suffer some other emergency or unexpected event).To the extent that we reject an order (or part thereof) under clauses 3.4.1 i), 3.4.1 ii), or 3.4.1 iii), and you have paid for the order in advance, we will reimburse you the fees paid and received by us, for that part of the order that we have not completed by us. Otherwise, fees paid in advance will not be reimbursed.
- You can request to cancel an order in writing by contacting us at info@acudocx.com.au
4. Intellectual Property Rights and User Content
4.1 Our Content and Licence
In this Agreement:
- “Intellectual Property” means all copyright, designs and industrial designs, circuit layouts, trademarks service marks and commercial names and designations, trade secrets, know-how, confidential information, patents, invention and discoveries, literary artistic and scientific works, inventions in all fields of human endeavour, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields; and
- “Intellectual Property Rights” means all rights in the Intellectual Property, including current and future registered and unregistered rights conferred by statute, common law or equity, in any jurisdiction in the world.
All Intellectual Property Rights:- in the “AcudocX” names and logos;
- the Websites; and
- software in the Websites; (collectively “Our Content”) is owned by us or our related entities or licensed by us.
- Other than the licence granted in clause 1.e), you are not granted any other rights, title or interest in Our Content, or any Intellectual Property Rights in respect of the Service.
- You are hereby granted a limited, royalty-free, non-exclusive, non- transferable, revocable licence to use the Websites, and any software in the Websites, for your personal and non-commercial use, for the sole purpose of ordering and obtaining Services from us. We may terminate or suspend this licence at any time, for any reason, with or without notice.
4.2 User Content and Licence
- In all cases, you agree, represent and warrant that User Content and our (and contractor’s) use of the User Content will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
- You must not upload, use, share or submit any User Content that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children including by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, obscene violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
- contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- contains any information or content that you know is not correct and current.
- that violates third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.
- We reserve the right to reject and/or remove any User Content that AcudocX believes, in its sole discretion, violates this clause 4.2.
5. FEEDBACK
6. Privacy
6.1 General
- You acknowledge that by using the Service you will provide to us certain personally identifiable information, and you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set out in our Privacy Policy.
- You consent to us using the personal information provided by you to contact you regarding anything connected with the Service, and to contact you for promotional and marketing purposes including but not limited to services offered by AcudocX or its related partners, and marketing and promotional campaigns.
- To the extent that any of the User Content you provide us contains any personal information of any person, you agree and warrant that:
- you will comply with any applicable laws and regulations, in respect of the collection and disclosure to us of such personal information; and
- for persons under the age of 18 years, you have obtained the consent of the parent(s)/legal guardian(s) of the relevant person, for the collection and disclosure of such personal information to us, and our use of the personal information; and
- without prejudice to (ii), you have a lawful basis for the collection and disclosure of such personal information to us, and our use of the personal information.
6.2 Disclosure Rights
Notwithstanding anything in our Privacy Policy, you acknowledge and agree that AcudocX may preserve content that contains personal information and may also disclose such content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:- comply with legal process, applicable laws or government requests;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of AcudocX, its users and the public. You understand that the technical processing and transmission of the Service, including content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.2 Disclosure Rights
Notwithstanding anything in our Privacy Policy, you acknowledge and agree that AcudocX may preserve content that contains personal information and may also disclose such content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:- comply with legal process, applicable laws or government requests;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of AcudocX, its users and the public. You understand that the technical processing and transmission of the Service, including content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.3 Security
We do not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. To report any cyber security incident or if you have any concerns regarding cyber security and AcudocX, please write to us by email at info@acudocx.com.au7. REPEAT INFRINGER POLICY
8. INDEMNITY AND RELEASE
- your breach of this Agreement;
- any User Content;
- any activity in which you engage on or through the Service; and
- your violation of any law or the rights of a third party, including without limitation that the Delivered Materials breaches the Intellectual Property Rights of a third party.
6.2 Disclosure Rights
Notwithstanding anything in our Privacy Policy, you acknowledge and agree that AcudocX may preserve content that contains personal information and may also disclose such content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:- comply with legal process, applicable laws or government requests;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of AcudocX, its users and the public. You understand that the technical processing and transmission of the Service, including content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.2 Disclosure Rights
Notwithstanding anything in our Privacy Policy, you acknowledge and agree that AcudocX may preserve content that contains personal information and may also disclose such content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:- comply with legal process, applicable laws or government requests;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties; or
- protect the rights, property, or personal safety of AcudocX, its users and the public. You understand that the technical processing and transmission of the Service, including content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6.3 Security
We do not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. To report any cyber security incident or if you have any concerns regarding cyber security and AcudocX, please write to us by email at info@acudocx.com.au9. DISCLAIMER OF WARRANTIES
- YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND TO THE EXTENT PERMITTED BY LAW, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.
- YOU USE THE ACUDOCX SERVICE AT YOUR OWN RISK.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACUDOCX MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- ACUDOCX MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY DOCUMENTS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- Nothing in this Agreement is intended to exclude, restrict or modify any statutory guarantees or statutory warranties which apply and cannot be excluded, restricted or modified.
10. LIMITATION OF LIABILITY
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACUDOCX’S LIABILITY FOR A BREACH OF ANY GUARANTEE OR WARRANTY IMPOSED UNDER THIS AGREEMENT OR AT LAW, OR ANY DISSATISFACTION YOU HAVE WITH THE SERVICE OR A BREACH BY US OF THIS AGREEMENT, IS LIMITED AT ACUDOCX’S ELECTION TO:
- SUPPLYING OF THE SERVICES AGAIN; OR
- THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACUDOCX AND ITS RELATED COMPANIES , OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS (INCLUDING WITHOUT LIMITATION FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (WITHOUT REGARD TO WHETHER AI-MEDIA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES)), DAMAGES, COSTS (INCLUDING LEGAL COSTS) OR EXPENSES OF ANY KIND, SUFFERED OR INCURRED BY YOU OR ANY OTHER PERSON, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, , ARISING FROM OR IN CONNECTION WITH:
- ANY ACT OR OMISSION OF A THIRD PARTY;
- THE USE OR THE INABILITY TO USE THE SERVICE;
- DELAYS TO, INTERRUPTIONS OF OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
- ERRORS OR OMISSIONS IN ANY INFORMATION OR INSTRUCTIONS PROVIDED TO US BY YOU IN CONNECTION WITH THE SERVICE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR MALICIOUS SOFTWARE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY
- ANY ACTIONS TAKEN BY US AT YOUR DIRECTION;
- ANY ERRORS OR OMISSIONS IN ANY TRANSCRIPTS OR CAPTIONS WE PROVIDE YOU, OR ANY OF THEINFORMATION WE PROVIDE ON THE WEBSITES;
- HACKING, TAMPERING OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN
- ANY BREACH OF THESE TERMS BY YOU;
- ANY OTHER MATTER RELATING TO THE SERVICE.
- TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ACUDOCX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ACUDOCX IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THE EXCLUSIONS OF WARRANTIES AND LIMITATIONS AND EXCLUSIONS OF LIABILITY UNDER THIS AGREEMENT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- Notwithstanding any other provision in this Agreement, AcudocX will not be liable to you or any other person for any loss, damage, cost, expense or claim, to the extent that the Delivered Materials infringe the Intellectual Property Rights of a third party.
11. TERMINATION
- You are entitled to terminate this Agreement at any time, by ceasing to use the Service and cancelling your account with us. Without prejudice to any of our other rights, you must immediately pay to us any outstanding amounts owed to us under this Agreement.
- We can terminate this Agreement at any time, or disable (temporarily or permanently) your use of the Websites and Services at any time, with immediate effect and with or without notice to you, if you:
- breach this Agreement in our reasonable opinion; or
- commit (or we reasonably suspect that you have committed) any fraudulent, abusive or illegal activity, and we may refer such conduct to appropriate law enforcement authorities.
- AcudocX may in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
- If you or AcudocX terminates this Agreement, then AcudocX may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
- If either you terminate this Agreement under this clause 11 or we effect our rights under clause 11, we will not be liable for any cost, loss, expense, damages or claims suffered or incurred by you or any third-party arising from or in connection with the termination except that where we affect our rights under clause 11.3 and you have placed an order for Services that you have paid in advance but for which we have not completed in part or in full, then we will provide you a reimbursement of fees based on the part of the order we have not completed.
- Termination of this Agreement does not affect any accrued rights or remedies of either party.
- The rights and obligations of clauses 4,6,7, 9,10,11,12,13 and 14 survive termination or expiry of this Agreement.
12. GENERAL
12.1 Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred, novated or assigned by you without our consent. AcudocX may assign, transfer or novate this Agreement, and any rights and licenses granted hereunder, without your consent. Any attempted transfer or assignment in violation hereof will be null and void.
12.2 Notification Procedures
- AcudocX may provide notifications to you via email notice, written or hard copy notice, or through posting of such notice on our Website, as determined by AcudocX in our sole discretion.
- You may give notifications to us under this Agreement, in writing and in English, by email to info@acudocx.com.au
- AcudocX is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
12.3 Entire Agreement/Severability
This Agreement and any amendments constitute the entire agreement between you and AcudocX concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.12.4 No Waiver
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and AcudocX’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.13. QUESTIONS AND SUGGESTIONS
Please contact us at info@acudocx.com.au to ask us anything about this Agreement or Service.