Non legal bit
This document sets out the terms and conditions by which every person, generally known as an end user, can access our Portal. As you will be accessing business and personal information belonging to both your organisation and other organisations, we need to clearly set out the rules that govern access rights and how information may be used.
What this document does not do is set out all the company to company legal stuff like liability, prices, payment terms, etc. That doesn’t need to be repeated here for every authorised user of the Portal or Services. This is dealt with in an agreement made between your organisation and Strytex, such as a Basic Services Agreement which deals with Software as a Service, or a more complex Managed Services Agreement.
This document sets out your individual responsibilities when you choose to use the Portal or Services.
Now the legal bits
The Portal and Services are operated by Strytex Pty Ltd ACN 138 521 132.
For definitions, please see linked document Definitions of Terms
3.4 Before you use any Portal Content or access third party websites:
- you agree to handle all Personal Information that you access in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
- you consent to our disclosure of your Personal Information to those identified third parties who provide Portal Information and services that you choose to access.
4.1 The various Strytex Services are described on the Strytex Website. Services are selected by a Member. If the Member elects to subscribe to Managed Services, the Member will pay an initial establishment fee to establish the Member Site and load Materials on to it. Members then pay a monthly subscription or administration fee as appropriate for each Service as defined on the Website or as quoted by Strytex.
4.2 Our Services may be used for business use or for an internal business purpose in a Member organisation, and can only be accessed by Authorised Employees.
4.3 Administrators can create and edit Member Information, Materials and other content on their Member Site. If they choose to do so, they can publish and share Member Information and Materials.
4.4 Users have authority to access specified areas of the Member Site and Portal and may also load Materials on to their Member Site and update Member Site content.
4.5 Strytex support staff also have the ability to create and edit content on any Member Site where necessary.
4.6 Authorised Employees may connect to a Service using any Internet browser supported by the Strytex Platform. Strytex is not responsible for providing Internet access or the equipment necessary to access the Services.
4.7 Where you access the Services as an Authorised Employee:
- you must keep your allocated user name and password secure and confidential;
- you must not allow any other non-authorised person gain access to the Services with your assistance or using your user name and password,
- you must comply with all Australian laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles; and
- you must act ethically and responsibly, which includes not loading Material or information that you know to be fraudulent or misleading and not stealing information that you are not authorised to access.
5. Portal license
5.2 Your use of our Portal and any Portal Content (which includes Portal Information) is always subject to the Intellectual Property Rights of Strytex and third parties, and as set out in clause 7 below.
6. Portal Content
6.1 Portal Content is content presented on the Portal by Strytex and includes Portal Information.
6.3 Portal Content is provided by Strytex in good faith on an “as is” basis for general information purposes only. All documents, articles, briefings, updates or other information available on the Portal are prepared so that they are current only as at the date of writing. Such information can rapidly become out of date. You must make your own assessment of the information and your reliance on it or use of it is entirely at your own risk.
6.4 Strytex makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the Portal Content. Strytex may, from time to time, change or add to the Portal Content without notice. Strytex does not undertake to keep the Portal Content updated, except as defined under the Managed Services Agreement.
6.5 In relation to Portal Information, Strytex:
- makes no representation whatsoever that it has any ownership in the copyright to the Portal Information;
- gives no warranty nor bears any liability whatsoever with respect to the correctness, accuracy, currency, completeness, relevancy or otherwise of the Portal Information; and
- accepts no liability whatsoever arising from, or in connection with, the use of the Portal Information by you or any third party claiming through you.
7. General disclaimer about Portal use
7.1 Strytex cannot guarantee that the Portal Content accessible to you from the Portal will always be correct or free from faults, errors and viruses. Strytex does not accept liability for incorrect content or errors and omissions in the Portal or the Portal Content (whether typographical, technical or otherwise).
7.2 Strytex will not be liable for any interference with or damage to your computer systems that may occur in connection with use of the Portal or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using the Portal. You must take your own precautions to ensure that whatever you select for your use from the Portal is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
7.3 Strytex will not be liable for any loss or damage in connection with your use of the Portal, Portal Content, linked websites or email, including but not limited to loss of profits, interest, data, business revenue, anticipated savings, business or goodwill.
8. User rights and intellectual property rights
8.1 The Portal is the copyright property of Strytex. Subject to clauses 8.2 to 8.5, all Intellectual Property Rights in the Portal and Portal Content are reserved to Strytex and/or their content and technology providers and Portal Information providers.
8.2 Materials remain the property of the person or organisation that loaded the Material onto the member Site, or directed Strytex to load their Materials onto the Member Site. Materials are licensed to Strytex and to those with access rights as set out in the Services Agreements.
8.3 Portal Information and the copyright in the Portal Information remains the property of the relevant Portal Information suppliers. The copyright in the way Strytex has modified, transformed or reconfigured the Portal Information as published on the Portal remains the property of Strytex.
- adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Portal or Services; or
- commercialise any information, products or services obtained from any part of our Portal or Services.
9. Portal Forums
9.1 This Portal may contain bulletin boards, chat forums, comment sections or other communication facilities (“Forum”). By using and accessing the Portal or a Forum, you agree that you will not do any of the following:
- post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous, contemptuous, obscene, vulgar, pornographic, profane or indecent material;
- post, communicate or transmit material which violates or infringes the rights of any other person or party or infringes any law;
- inhibit or restrict any other user from using the Portal;
- interfere with the computer systems which support the Portal; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
- post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
- attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Portal, including the use of automated tools.
9.2 You acknowledge that all Forum communications are public and not private communications. Strytex reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone (including you) posting material which violate or allegedly violate any law.
9.3 You agree and acknowledge that:
- Strytex is not responsible for any content or material in any Forum (including, without limitation, any information, comments and/or advice of any individual or party referred to as a guest or expert whose statements on a Forum are their own);
- Strytex does not authorise or endorse the comments or material of users of a Forum;
9.4 Complaints and comments regarding potentially prohibited material on a Forum should be submitted to us by e-mail as set out in the Contact Us section below.
10. Commercial Electronic Messages
10.1 If you express interest in any services or products through your use of the Portal, you consent to Strytex sending you commercial electronic messages (including messages about the Services or any third party products and services) to electronic addresses, which you have provided to Strytex or for which you or your employer are the relevant electronic account holder.
11. Trade Marks
11.1 All trade names, trade marks, service marks and other product and service names and logos (the “Marks”) displayed on the Portal are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be registered or unregistered marks of Strytex or others.
11.2 Nothing contained on the Portal should be construed as granting any license or right of use of Strytex or any other person’s or entity’s trade mark which is displayed on the Portal without their express permission.
11.3 You may not remove, change or obscure the Strytex logo or any third party logo or any notices of proprietary rights on any content of the Portal.
12.1 Any links to third-party websites are provided for convenience only and do not represent endorsement, sponsorship or approval of: those third parties; any products and services offered by third parties, or the information included in third party websites.
12.2 You are not authorised to create a link to any part of the Portal.
13. Governing Law
13.2 Exceptions to the above are third party websites accessible via links from our Portal, and material such as video feeds [eg YouTube] which may be hosted on servers within or outside the State of Victoria, Australia.
14. Contact Us
Last updated 31st August 2017
© Strytex Pty Ltd 2017