1. Background

    These Terms of Use (“Terms”) govern your use of the products, services, software and websites (the “Service”) provided by GPEx. Our Privacy Policy explains the way we collect and use your information. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you are using our Service on behalf of an organisation or entity (“Organisation”), then you are agreeing to these Terms on behalf of that Organisation and you represent and warrant that you have the authority to bind the Organisation to these Terms. In this case, “you” and “your” refers to that Organisation.

    1. Your Content

    The Service allows you to access information and process associated data, text, files and other materials (together the “Content”). By uploading your Content onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analysing and improving the operation of the Service. Your content will be used according to the GPEx Privacy Policy and any supplementary information issued about the Service.

    1. Your Obligations
    • You must provide accurate information when your GPEx account is created and whenever you use it.
    • You are responsible for safeguarding the password and for all activities that occur under your account. You should notify GPEx immediately if you become aware of any breach of security or unauthorised use of your account.
    • You may never use another user’s account without permission.
    • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.

     

    1. Your Use of GPEx Products and Services

    As part of the Service, we provide web based and mobile software (the “Software”) for your use in connection with the Service. The Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as you comply with these Terms, we grant you limited, non-exclusive, non-transferable, revocable access to use the Software, solely to access the Service provided; however, that this does not constitute a sale of the Software or any copy thereof, and as between GPEx and You, GPEx retains all right, title and interest in the Software.

    1. Your Use of Third Party Applications

    If you elect to utilise any third party application in connection with your use of the Service, by doing so you are consenting to your relevant Content being shared with such third party application. To understand how such third party application provider utilises your Content and other information, you should review their privacy policy.

    1. Security

    We will use industry standard technical and organisational security measures in connection with storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorised or unlawful access to, use of or processing of such Content.Termination

    You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability.

    1. GPEx Intellectual Property Rights

    The Service (excluding Content provided by users) constitutes GPEx’s intellectual property and will remain the exclusive property of GPEx. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

    1. Modifications to the Service

    The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your feedback should be submitted at support@gpex.com.au.

    1. Indemnification

    You agree to defend, indemnify and hold harmless GPEx and its license and licensors, and their employees, members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

    1. No Warranty

    The Service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GPEx is not responsible for any third party content that you download or otherwise obtain through the use of the service or for any damage or loss of data that may result. We do not warrant, endorse, guarantee or assume responsibility for any third party application or service that provides access to our service.

    The Service is controlled, operated and hosted from within Australia. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable laws and regulations, including but not limited to those of Australia and South Australia.

    1. Limitation of Liability

    To the maximum extent permitted by law, in no event shall GPEx, its affiliates, agents, members, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the Service, whether or not GPEx has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. GPEx’s aggregate liability for all claims related to the Service shall not exceed the greater of $100 or the amounts paid by you to GPEx in connection with your use of the service during the twelve (12) month period prior to the claim giving rise to such liability.

    1. Governing Law

    These Terms will be governed by the laws of South Australia and the Commonwealth of Australia, without regard to its conflict of laws principles.

    1. Data Transfer

    In connection with providing you the Service GPEx may process your Content in other countries that may have different data protection laws from the region in which you are situated.

    1. Entire Agreement; Severability; Waiver

    These Terms constitute the entire agreement between you and GPEx concerning the Service. They replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible out original intent. GPEx’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

    1. Assignment

    These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

    1. Notices

    We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business – related information, including information about Service updates or changes, via email or other communication channels including our website, which is located at the URL www.gpex.com.au.

    1. Related document

    GPEx Privacy Policy

    For questions about these or any GPEx terms or policies, email us at enquiries@gpex.com.au

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