Politick Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “The Customer” or “Your”) AND ELECTED TECHNOLOGIES LTD (hereinafter “Elected Technologies ”) GOVERNING YOUR USE OF the Politick ONLINE CRM SYSTEM (hereinafter “Politick” or “The Service”).
Parts of this Agreement
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
Acceptance of the Terms
You must be of legal age and have sufficient authority within your organisation to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Description of Service
We provide a stakeholder relationship management application. You may connect to the Service using any Internet browser supported by the Service. You are responsible for obtaining access to the Internet and the equipment necessary to use the Service. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time. You will be provided notice of any such modification by electronic mail. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Personal Information, Privacy and Your Data
You are responsible for maintaining confidentiality of your username, password and the security of your second factor authentication method. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorised use of your user account by email to email@example.com or by calling us on any of the numbers listed on www.electedtechnologies.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorised access and/or use of your user account, or otherwise.
All data held in Politick is stored in Australian data centres and encrypted on disk and in transit between the service’s servers and your web browser. We use the same SSL encryption technology used by internet banking to secure the connection between you and the service.
Communications from Elected Technologies
The Service may include certain communications from Elected Technologies, such as service announcements, administrative messages and newsletters. You understand that failing to subscribe to these communications may mean missing out on service or other important announcements.
Fees and Payments
By using the Service, you agree to enter either a 12 month annual contract, or a monthly contract, which is renewed automatically from the date that your Service installation goes live unless you inform us of your intention not to renew before your renewal date. You may choose to cancel either their monthly or annual agreement before the end of its term, however Elected Technologies will not refund your payment if you do. Our invoice to you details our payment terms. In the event of persistent non-payment, we reserve the right to suspend your user account or temporarily disable access to the whole or part of any Service. Elected Technologies reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer or otherwise make available to any third party the Service;
- provide any service based on the Service without prior written permission;
- use the third party links to sites without agreeing to their website terms & conditions;
- post links to third party sites or use their logo, company name, etc. without their prior written permission; or
- use the Service for spamming and other illegal purposes.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Service. You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Service for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorised activity.
Usage Limits for Politick
Elected Technologies may prescribe usage limits, which will be included on your invoice. You must make sure that Your usage is within the usage limits prescribed by Elected Technologies in order to avail uninterrupted service. You understand that Elected Technologies may restrict an activity if you reach the usage limit corresponding to such activity.
We respect your right to ownership of content and data created or stored by you and the privacy of that data. You own the content and information created or stored by you. Your use of the Service does not grant Elected Technologies the licence to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your accounts for commercial, marketing or any similar purpose. But you grant Elected Technologies permission to access, copy, distribute, store, transmit, or reformat the content of your accounts solely as required for the purpose of providing the Service to you and for no other purpose.
User Generated Content
You may transmit or publish content created by you using the Service or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Service, is provided to you AS IS for your information and professional use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, licence or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Service you affirm that you have the consent, authorisation or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Elected Technologies will have the right to block access to or remove such content made available by you, if Elected Technologies receives complaints concerning any illegality or infringement of third party rights in such content.
By using the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Elected Technologies for this purpose.
Disclaimer of Warranties
You expressly understand and agree that use of the service is at your sole risk. To the fullest extent permissible by applicable law, Elected Technologies expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Elected Technologies makes no warranty that the service will be uninterrupted, or timely. Use of any material downloaded or obtained through the use of the service shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the service or the download of any such material. No advice or information, whether written or oral, obtained by you from Elected Technologies, its employees or representatives shall create any warranty not expressly stated in the terms.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
Limitation of Liability
You agree that Elected Technologies shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Elected Technologies has been advised of the possibility of such damage. Your sole and exclusive remedy for any dispute with Elected Technologies related to any of the service shall be termination of such service. In no event shall Elected Technologies' entire liability to the customer in respect of any service, whether direct or indirect, exceed the fees paid by the customer towards such service.
You agree to indemnify and hold harmless Elected Technologies, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including solicitors fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorised by Elected Technologies.
Australian Consumer Law
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in this Agreement removes your Statutory Rights as a consumer under the ACL. You agree that Elected Technologies’ liability for Services provided to consumers is governed solely by the ACL and this Agreement. Elected Technologies excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and Elected Technologies expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
Suspension and Termination
We may suspend your user account or temporarily disable access to the whole or part of any Service in the event of non payment, any suspected illegal activity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within 28 days of being notified about the suspension. We may terminate a suspended or disabled user account after 28 days. We will also terminate your user account on your request, at which point you will be provided with a full download of all of your data entered into the Service if requested. In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services.
On termination of an account at your request or at the discretion of Elected Technologies we will provide you with a full copy of all of your data entered into the service if requested. This data will be provided as an encrypted compressed archive available for download for a time limited period. In line with our Data Retention Policy your data will be deleted from the Service within 28 days.
Account Termination, either at Your request or at the discretion of Elected Technologies will not under any circumstances result in a refund for unused service.
The Intellectual Property Rights in the architecture and operation of the Politick software shall remain the exclusive property of Elected Technologies.
No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.
If a Clause of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of the Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted).
Governing Law and Jurisdiction
This Agreement is governed by the laws of Australian Capital Territory and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Australian Capital Territory.