Prodata Solutions Hosted Application Services
CONDITIONS OF USE

These Conditions of Use apply to every access and use of any of the Hosted Application Services (“Services”) made available by or on behalf of Prodata Solutions Pty Ltd ACN 058 014 823 (“Prodata”)

Anyone who accesses or attempts to access the Services by entering a User ID and Password or other identification method that may be provided for gaining access to the Services is deemed to be a “User”. A User must indicate acceptance of these Conditions of Use before accessing the Services for the first time.

A User ID and Password will be issued by Prodata only with the explicit authority of an organisation that has a current Hosted Application Services Agreement in force. Only a person to whom a User ID and Password has been personally assigned by Prodata may attempt to access the Services.

A User may access and use the Services but only to the extent expressly authorised. Except to the extent expressly authorised, User must not use the Services in order to access, process or use any data.

A User is not permitted to sub-licence or assign their right to use the Services and acquires no rights to use or access source code associated with any software used to deliver the Services (the “Software”).

A User must not (a) reverse assemble, reverse compile or decode the Software or attempt to ascertain the source code by any means; (b) remove, change or bypass any copyright or protection statements; or (c) use the Services or Software for any unauthorised purpose.

A User may not and will not attempt to modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any part of the Services, interfere with the Services or knowingly permit any variation or virus to be introduced to the Services, use the Services for any purpose prohibited by any law or regulation, or authorise any other person to use the Services.

Users acknowledge that all intellectual property rights whatsoever, (including copyright, patents, trade marks, confidential information) with respect to any materials used to provide the Services are either owned by or licensed to Prodata.

Users agree that Prodata has the right to gather data and information entered by them during use of the Services and to use that data or information in an aggregated and anonymous form for the purposes of the operation and promotion of Prodata services including publishing it in such form. Prodata will comply with the National Privacy Principles in its retention and use of any personal information.

Users acknowledge that the Services are only to be used for the purpose intended and that to the extent permitted by law, Prodata gives Users no warranty whatsoever including warranty of title, performance, availability, fitness for purpose or merchantability of the Services.

Where any warranty is implied by law and cannot be excluded, Prodata’s liability is limited to re-supply of the Services to the User. In all other cases, Users agree that all express and implied warranties and representations are hereby excluded and that the User accepts full responsibility for its use of the Services. Users acknowledge and agree that Prodata has no liability whatsoever, including liability for negligence, loss of profits or savings, damage to or loss of data, interruption of Services or incidental or consequential loss arising out of or related to any use of the Services.

The Services are provided “as is”. Without limiting the foregoing, Prodata does not provide any warranties (a) in relation to the operation of the Services or uninterrupted or error-free access to the Services; (b) regarding the method adopted by Users in accessing the Services; (c) that any defects in the Services will be corrected; or (d) that the servers which store and transmit the Services are free from viruses or any other harmful components.

Users hereby releases Prodata from and indemnifies and hold harmless Prodata against any liability, action, claim, demand or cost whatsoever arising directly or indirectly from use of the Services by them including liability for negligence, loss of profits or savings, damage to or loss of data, interruption of Services or incidental or consequential loss.

Users warrant that they will not permit any other person to access and use the Services with the User ID and Password they have been assigned. Users will take steps to prevent disclosure of or access to their User ID and Password, including by frequently changing their Password using the online form provided.

If a User is aware of any use of the Services, or access to a User ID and Password enabling use of the Services by a person other than an authorised User, they will immediately notify Prodata of such use or access. Prodata reserves the right, in its absolute discretion, to prevent access to the Services with any User ID that has been compromised and to change any associated Password.

Prodata reserves the right, in its absolute discretion, to terminate or vary the terms of this Agreement by 5 days notice published on its web site addressed generally to all Users or by electronic notice given to any User at their registered electronic address.

Users may terminate this Agreement at any time by ceasing to use the Services and giving electronic notice to Prodata via email

If a User breaches this Agreement, Prodata may terminate this Agreement forthwith without notice to the User.

The provisions of clauses 2, 3, 4, 5 and 6 will survive any termination of this Agreement.

This Agreement constitutes the entire agreement between a User and Prodata and supersedes all prior Conditions of Use agreements, arrangements and understandings (if any). No Prodata employee or agent is authorised to make any statement that adds to or amends this Agreement, in particular the provisions as to warranties, liability or indemnity.

If any part of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement will continue in full force and effect.

The parties agree that the laws of South Australia apply to this Agreement and that they irrevocably and unconditionally submit to the non-exclusive jurisdiction of South Australia.

I have read and understood all the terms and conditions of these Conditions of Use and hereby agree to be bound by these Conditions of Use with respect to all access and use of any of the Services.