End User Licence Agreement (EULA)
LAB Platform –End User Licence Agreement (EULA)
This document sets out the terms & conditions (Terms) that apply to your use of our services, including but not limited to the Onboarding Framework, Application Manager and any other products we make available to you from time to time (LAB Platform). When we say we, us, our, etc., we mean LAB Group Services Pty Ltd ACN 168 489 414. When we say you, your, etc. we mean the individual user of the LAB Platform.
Access to the LAB Platform: Your access to the LAB Platform is provided by your employer or another supporting third party (your organisation), who is our customer. As long as your organisation continues to have a current agreement with us for provision of the LAB Platform to you, we will allow you to access the latest stable version of the LAB Platform or a part of it via the internet and to provide any other services that your organisation has purchased from us, which we or your organisation will advise you of.
Term: This agreement commences on the date that you accept these Terms and continues until cancelled or until our agreement with your organisation expires or is terminated.
Access and Use: You will only access the LAB Platform through a web browser and you acknowledge you are responsible for the provision of internet access, web browsing software and ensuring your computer systems meet minimum requirements in order to use the LAB Platform. You also promise to generally co-operate with us in connection with the LAB Platform and follow all reasonable instructions from us. You will use your best endeavours to prevent viruses or other harmful or malicious code being present in the data that you give us or affecting the LAB Platform. You will ensure all information you provide is accurate when provided and remains up to date. You warrant to us that you have all required consents and authorities to use the LAB Platform in the way you do, including as required from your organisation. You must not breach these Terms, break the law or breach any other person’s rights in connection with your use of the LAB Platform. If you do so we may suspend or cancel your account without notice or provision of reason, in our sole discretion, and we are under no obligation to reinstate anything suspended or deleted or allow you to create a new account. This is to ensure we can protect the whole community of users.
Restrictions: You must not: infringe any laws, regulations, rules or codes of conduct that you are subject to nor infringe any third party rights or any of our policies which we tell you about; use our LAB Platform if you are not able to form legally binding contracts, or are suspended from using our LAB Platform; interfere with other users’ accounts; transfer your account and login information to another party without our consent; distribute viruses or any other technologies that may harm the LAB Platform, or the interests or property of us or our users, or; copy, modify or distribute rights or content from our LAB Platform or our copyrights and trademarks.
Confidentiality: Both you and we must keep all confidential information secure and confidential at all times. We will not disclose your confidential information to anyone unless you (or your organisation on your behalf) have authorised us to do so, the other party already has lawful knowledge of the information (before we disclose it) or as we are required by law. The only people that will routinely see your information are your organisation and people working for or service providers engaged by us who have access to your information to enable the LAB Platform to work and to help you if you have troubles – you authorise this.
Product changes & limitations: We may, from time to time, change, add or delete functions, features, service levels, performance or other characteristics of the LAB Platform and correct errors or upgrade the LAB Platform. We are not liable to you for any such change we make. We do not guarantee that any change, addition, deletion, correction, patch or new version will be compatible with any other application, software or interface that connects to or interfaces with the LAB Platform. We will provide reasonable assistance but reserve the right to refuse to provide help in our sole discretion should we feel you are being unreasonable in your requests. You acknowledge that the internet and your telecoms network is out of our control.
Intellectual property: We do not make any claims to any intellectual property in or connected with the data or information you provide us in connection with these Terms and your use of the LAB Platform. You consent to our storage, use and modification of your intellectual property for the purposes of: providing the LAB Platform to you, conducting research or analytics, undertaking sales and marketing activities or developing consumer insights. We promise not to do anything else with your intellectual property and will, where practicable, anonymise and/or aggregate any of your data or information that we use for purposes other than providing the LAB Platform to you. We own (or hold relevant licences to) all other intellectual property connected with the LAB Platform and our supply of it to you including all intellectual property developed by us in the course of your use of the LAB Platform.
Cancellation: Without limiting other remedies, we may limit, suspend or terminate our services and prohibit your access to the LAB Platform and take technical and legal steps to stop you using the LAB Platform if we think that you have breached any part of these Terms, are creating problems or possible legal liabilities for us, infringing the intellectual property rights of third parties, acting inconsistently with the letter or spirit of our policies or if your organisation directs us to. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue our services. If we do any of these things, we are not liable to you in any way. You may not cancel your account and terminate these Terms – any requests for cancellation of your account must be made by your organisation and will take effect when we accept the cancellation in accordance with our agreement with your organisation.
Disclaimers: We make no promise or warranty to you that the LAB Platform will be error or defect free nor free from bugs, nor that it is impenetrable to malicious third party attacks. We do not warrant or guarantee that any particular result or outcome can or will be achieved through use of the LAB Platform.
Liability: To the extent permitted by law, we are not liable to you for any consequential, indirect, special, punitive, remote or incidental damages or for any loss of profit, loss of data, loss of goodwill, loss of business, loss of opportunity, increased financing costs, or any failure to realise anticipated savings or any type of commercial or economic loss. To the extent permitted by law, our liability to you in connection with these Terms will not exceed an amount equal to the fee paid under our agreement with your organisation directly for your use of the LAB Platform. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. You indemnify us and will hold us harmless against any loss or claim we suffer due to your use of the LAB Platform or breach of these Terms.
General: If any provision of these Terms is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign, subcontract or otherwise deal our rights and obligations under these Terms without your prior consent. Headings are for reference purposes only and do not form part of these Terms. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches. We may amend these Terms at any time by posting the amended terms on a relevant site of ours or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective as soon as you continue to use our services. These Terms contains the entire understanding and agreement between you and us in connection with the LAB Platform. We shall have no liability to you if we are prevented from, or delayed in, performing any service or delivering the LAB Platform to you by acts, events, omissions or accidents beyond our reasonable control. All sections which by their nature are intended to survive termination of these Terms will be deemed to survive. These Terms is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
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