emes

Emes Terms of Use
Welcome to Emes. Emes is our Online Workforce Planning Software. Please read this document carefully. It governs Your commercial relationship with Us and regulates Your use of Our website platform (including any desktop and mobile versions of it) and the services that We make available through Our platform. This document is a legally binding contract between You and Us.
1. Acceptance and modification of these Terms of Use

1. You may only access, browse and use Our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform if You accept these Terms of Use. By accessing, browsing and/or using Our platform, You will be deemed to have confirmed that You have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and our Privacy Policy.
2. We may modify and/or replace these Terms of Use from time to time without notice (except where You are a Registered User of Our Platform – in which case We will notify You of the update using any email address that You enter into Your Platform Account).
3. We will always upload the latest version of these Terms of Use to this webpage.
4. If You do not wish to accept these Terms of Use, You must not and cannot use the Platform or any part of it.

2. Definitions and Interpretation

1. Definitions
In these Terms of Use
1. Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
2. Business Day means Monday – Friday excluding public holidays in QLD.
3. Business Hours means 8:30am – 5:00pm on Business Days.
4. GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
5. Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
6. Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
7. Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
8. Personal Information has the meaning given in the Privacy Act 1988 (Cth).
9. Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
10. Platform means the Personnel Manager website platform owned and/or provided by Us, the homepage URL of which is www.personnelmanager.com.au and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform.
11. Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.
12. Platform Services means as set out in the Platform Services Description.
13. Platform Services Description means any description of the Platform that we publish at www.personnelmanager.com.au.
14. Privacy Policy means Our Privacy Policy at emesau.com/privacy_policy/
15. Registered User means as set out in clause 5.1.
16. Registered User Data means as set out in clause 6.1.
17. Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.
18. We, Our and Us means Emes Pty Ltd of 14 Cox Rd, Windsor QLD 4030.
19. You means you, the person who accesses the Platform for any reason, whether or not You are a Registered User of the Platform.

2. Interpretation

In these Terms of Use

1. Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
2. A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
3. Currency refers to Australian dollars.
4. A reference to a statute or regulation includes amendments thereto.
5. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
6. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
7. A reference to time is to time in NSW.
8. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
9. The words "includes", "including" and similar expressions are not words of limitation.

3. Access and use of the Platform by unregistered users

1. Unregistered users of the Platform may not use the Platform Services.

4. Registration

1. We reserve the right to accept or reject any person's registration on the Platform in Our absolute discretion.
2. If You submit an application to register on the Platform, You:
1. will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;
2. will be deemed to have irrevocably warranted that You applied for registration on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;-
3. will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity.
3. You must ensure that You provide a valid email address at the time of registration.
4. If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your Platform Account with Your up-to-date details and information.
5. You must not provide Your Platform Account name or the password for Your Platform Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Platform Account (including unauthorised use).
6. You must immediately notify Us if You become aware of any unauthorised use of Your Platform Account.

5. Registered User plans and Service Charges

1. Only users who have registered on the Platform and/or who have a Platform Account ("Registered Users") may access the Platform Services. You may obtain a Platform Account by either registering on the Platform or by entering into an agreement with Us under which We agree to setup a Platform Account for You.
2. You agree and acknowledge that if You become a Registered User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.
3. Each Registered User must pay the fees and charges set out in the Platform Services Description (or as otherwise agreed between Us and the Registered User in writing) for the plan selected during signup for a Platform Account, in consideration for the Registered User's subscription to the Platform Services ("Service Charges") at the time and in the manner set out in the Platform Services Description, plus any GST that is applicable in respect of the supply of the Platform Services to the Registered User. Any applicable GST is payable at the same time as the Service Charges.
4. If the Platform Services Description specifies a minimum term for any subscription plan, then the subscription of a Registered User for the Platform Services is for that minimum term ("Minimum Term") and, unless otherwise specified in the Platform Services Description, cannot be cancelled or terminated by the Registered User prior to the expiry of the Minimum Term.
5. If You are a Registered User, upon expiry of the Minimum Term, your subscription to the Platform Services shall automatically renew for subsequent successive terms equal to the Minimum Term (each a "renewal term") on the same terms and conditions, unless either We or you provide at least 30 days written notice prior to the expiry of the Minimum Term or any renewal term to the other of termination of Your Platform Account, in which case where such notice is provided Your subscription to the Platform Services shall terminate at the end of the Minimum Term or the then current renewal term, as applicable.
6. A Registered User may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms of Use.
7. You must pay all costs associated with accessing the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if You are a Registered User, Service Charges.
8. Without limiting Our rights and any other provision of these Terms of Use, if a Registered User fails to pay the Service Charges in accordance with the requirements of these Terms of Use, We may suspend and/or terminate the Registered User's access to the Platform Services and its Registered User Data hosted in the Platform Services.

6. Responsibility for and ownership of Registered User Data

1. If You are a Registered User, We agree that as between You and Us, We own all data that You upload into the Platform Services ("Registered User Data").
2. You agree and acknowledge that We may not own or operate the infrastructure upon which the Platform Services and/or the Registered User Data is hosted.
3. If You are a Registered User, You warrant, agree and represent that:
1. You will only upload, input and transfer Registered User Data into and/or via the Platform Services or disclose Registered User Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose; and
2. Your Registered User Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.
4. If You are a Registered User, You license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Registered User Data on the Platform as required by Us to provide the Platform Services.
5. Each Registered User is solely responsible for the accuracy, legality and quality of all its Registered User Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Registered User Data in connection with the provision of the Platform Services.
6. If You are a Registered User, You acknowledge that Your access to Your Registered User Data that is hosted by the Platform Services is subject to Your compliance with these Terms of Use, including payment of any applicable Service Charges.
7. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Registered User Data.
8. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Registered User Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Registered User Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.

7. Availability of Platform Services

1. Subject to clauses 7.2, 7.3 and 7.4, while You are a Registered User of the Platform, We agree to use Our best endeavours to procure hosting of the Platform Services and the Registered User Data and to ensure that the Platform Services are available.
2. The availability of the Platform Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Platform Services Description, and any planned and unplanned maintenance of the Platform and/or Our hosting providers.
3. You agree and acknowledge that the accessibility and use of the Platform, the Platform Services and the Registered User Data hosted by the Platform Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Platform Services and/or Registered User Data operate, interface with or connect to, and that We are not responsible for any non-performance of the Platform associated with any of those matters.
4. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Platform Services or Registered User Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Platform, Platform Services or any Registered User Data.

8. Usage Restrictions

1. You may not make any use of the Platform except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Platform or any content You obtain via the Platform (other than Your Registered User Data). In addition, You must not, nor may You permit any person to:
1. copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Your Registered User Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
2. do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
3. use the Platform in any way that infringes Our rights or the rights of any third party;
4. use the Platform to create any product or service that competes with the Platform; or
5. take any steps to circumvent any technological protection measure or security measures in the Platform.
2. You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.
3. You must not use the Platform or any part of the Platform in breach of these Terms of Use.

9. Acceptable Use Policy

1. You agree that:
1. using the Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
2. using the Platform in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
3. using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited by these Terms of Use;
4. introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
5. revealing Your account password to others or allowing use of Your Platform Account by others is strictly prohibited by these Terms of Use;
6. using another person's name, username or password or otherwise attempting to gain access to the Platform Account of any other person is strictly prohibited by these Terms of Use;
7. using the Platform to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
8. using the Platform to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
9. using the Platform to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
10. using the Platform to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
11. using the Platform to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
12. using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Platform is strictly prohibited by these Terms of Use;
13. sending unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;
14. using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
15. use of the Platform in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use.

10. Intellectual Property Rights

1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
2. As between You and Us, We own all Intellectual Property Rights in the Platform.
3. You have no rights in the Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.
4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
5. You must not take any step to invalidate or prejudice Our (or Our licensors) Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Your Registered User Data or with respect to the rights granted to You by these Terms of Use to use the Platform.

11. Responsibility for other users

1. We do not accept responsibility for the conduct of any users of Our Platform.
2. If You believe that another user of Our Platform has breached these Terms of Use please contact Us.
3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
4. Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any content uploaded by or on behalf of any user into the Platform.
5. We check content entered into or uploaded into the Platform from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 9) We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy set out in clause 9 above, please contact Us.

12. Responsibility for third party claims

1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
1. Your use of the Platform;
2. Your underpayment of any person;
3. Your breach of any applicable award, law or regulation;
4. Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

13. Third Party Tools

1. Our Platform can be used in connection with third party software, applications, products and platforms (Third Party Tools) some of which may be used to input Your Registered User Data into the Platform, process Your Registered User Data and for other purposes.
2. If You elect to use or interface any Third Party Tools with Your Registered User Data and/or Your Platform Account, You indemnify Us from and against any loss and/or damage that We may incur as a result of Your use thereof and/or interfacing therewith.
3. If You use any Third Party Tools or interface any Third Party Tools with Your Registered User Data and/or Your Platform Account:
1. You agree and acknowledge that: (i) the suppliers (a.k.a providers) of the applicable Third Party Tools, and not Us, are the suppliers and publishers of the Third Party Tools; (ii) We are not responsible for the accuracy, quality or correctness of any Third Party Tools and/or their providers; and (iii) Your use of Third Party Tools is pursuant to a contract between You and the applicable Third Party Tool provider(s), and not pursuant to a contract between You and Us;
2. Your use of Third Party Tools is at Your sole risk, and not Our risk;
3. We do not make any representations or warranties with respect to any Third Party Tools (whether as to their performance, availability, compatibility with the Platform and/or otherwise) and/or with respect to any providers of Third Party Tools;
4. We are not responsible for the practices, and/or terms and/or policies of Third Party Tool providers;
5. You agree that We have no obligation to provide any technical support or other assistance in connection with any Third Party Tools and that if We do provide any such technical support or other assistance, You will pay Us for all time that We incur in connection therewith at a rate agreed prior to commencement of the technical support or other assistance, to be paid by You into our nominated bank account within 30 days of invoice by Us from time to time;
6. You shall be deemed to have irrevocably released Us from any claims that You may otherwise have had against Us with respect to any non-performance of the Platform, and with respect to any loss, damage or corruption of Your Registered User Data, caused by Third Party Tools and/or the interfacing between any Third Party Tools and Your Registered User Data and/or the Platform.
4. You agree that providers of Third Party Tools are not Our partners, co-joint venturers, representatives or agents and any link to any Third Party Tool from the Platform and/or interfacing and/or integration of the Platform with a Third Party Tool does not imply that We are affiliated with or sponsor, endorse or approve the Third Party Tool and/or its provider.

14. Customer System Access Rights

1. You agree that We may access Your Platform Account, Your Registered User Data and any computer systems that You use in connection with Your Platform Account, as deemed necessary by Us to manage and provide the Platform, including as required to support, monitor usage, and perform maintenance and upgrades of the Platform.

15. Hyperlinks

1. We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.

16. Liability

1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.
2. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.
3. Without limiting the foregoing provisions of this clause 16, You agree and acknowledge that:
1. you are responsible for checking and updating any invoices and quotes that are generated by the Platform;
2. it is your sole responsibility to keep up to date with and check all relevant award rates, pay requirements and other applicable award terms and conditions and any applicable laws and regulations which may require rates of pay that are different to the rates of pay specified by the Platform, and to ensure that you pay any personnel without contravening any applicable awards, laws or regulations.
4. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
5. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances described in clause 12.1 or 16.3.
6. Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a "consumer" of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
7. If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) are supplied to You in Your capacity as a "consumer" of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services at Our option, to one or more of the following:
1. if the breach relates to goods:
2. the replacement of the goods or the supply of equivalent goods;
3. the repair of such goods;
4. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
5. the payment of the cost of having the goods repaired; and
6. if the breach relates to services:
7. the supplying of the services again; or
8. the payment of the cost of having the services supplied again.
8. Any warranty against defects provided by Us to You in Your capacity as a "consumer" under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
9. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.
10. To the extent that Our liability is not otherwise excluded by these Terms of Use, except with respect to any Non-Excludable Guarantees, Our liability to You is limited to the aggregate sum of the Service Charges paid by You to Us.

17. Beta versions of the Platform

1. From time to time We may release an updated version of the Platform that is a beta release of the Platform (“Beta Platform”). You hereby expressly agree and acknowledge that each Beta Platform is released for testing only and is likely to have numerous defects, bugs and errors. You acknowledge that no version of the Platform is likely to be error-free. You agree not to hold Us responsible for any consequences of any defects, bugs and errors in any Beta Platform, including any defects, bugs or errors that result in loss or corruption of data, or any miscalculations or inaccurate reports of any kind.
2. To the extent permitted by law, We will not be liable for any damage arising from the use or non-use of any Beta Platform.

18. Termination

1. If you are not a Registered User, We may terminate these Terms of Use and Your access to the Platform or any part of it at any time without notice.
2. If You are a Registered User, We may terminate these Terms of Use and Your access to the Platform by notice to You if:
1. You breach any material term of these Terms of Use; or
2. where reasonably necessary to protect Our legitimate commercial interests.
3. Where there is no Minimum Term, either You or We may terminate these Terms of Use and Your access to the Platform by notice to the other, at any time on 30 days prior written notice.
4. We may take down the Platform or any part of it or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
5. Termination of these Terms of Use and access to the Platform does not affect any accrued rights of either party.

19. Notices

1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details for your Platform Account.
2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at www.personnelmanager.com.au.
3. Any notice issued by hand shall be deemed delivered upon delivery.
4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally. Email is not a valid method of serving notices under these Terms of Use.
5. We may send You email or other electronic messages concerning Your Platform Account and the Platform from time to time.

20. General

1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.
2. Amendment: These Terms of Use may be amended by Us at any time. If you are a Registered User, We will notify You of the amendments by providing notice in writing (Amendment Notice) and if You do not agree to the amendments You can cancel Your subscription to the Platform Services if the amendment is detrimental to You by providing written notice to us within 7 days of your receipt of the Amendment Notice. If You provide us with that notice, We will refund to You any part of any Service Charges paid by You for access to the Platform Services that You have paid to Us in advance in respect of a period of time that has not expired as at the date of cancellation.
3. Assignment You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.
4. Severability If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.
5. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
6. Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
7. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.