Terms of Use

Terms of Use

By accessing or using Operations Feedback Pty. Ltd. ("OFS", "we", "us") services, website, applications, or software ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement").

​Amendments

We reserve the right to amend this Agreement at any time. Changes will be posted on this page with the revised date. Continued use of the Service constitutes acceptance of the new terms.

Use of Our Service

OFS grants you permission to use the Service provided that: (i) you do not copy, distribute, or disclose any part of the Service; (ii) you do not alter any part of the Service except as necessary for its intended purpose; (iii) you pay the associated fees in advance; and (iv) you comply with this Agreement.

User Account

You may need to register and create a User account to access certain Services. You must provide accurate information, keep your account secure and inform OFS immediately of any unauthorised use. You are responsible for activity on your account. OFS is not liable for unauthorised use.

User Content

Users may post feedback, comments, data, and other information ("User Content"). You are solely responsible for your User Content. OFS acts as a passive conduit for your distribution and publication of User Content. OFS will not review, share, or distribute User Content except as provided in this Agreement, our Privacy Policy, or as required by law. OFS is not liable for User Content.

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Non-identifiable and Aggregate Data

OFS may use and share non-identifiable and aggregate data in the course of doing business. An example of this type of data may be “There are X users using OFS software” etc.

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License Grant

You are granted a non-exclusive, limited license to use the Service. OFS reserves all rights not expressly granted. OFS may terminate this license at any time (unless agreed otherwise).

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Proprietary Rights

The Service and its materials, including software, text, graphics, logos, and other content ("OFS Content"), are the exclusive property of OFS and its licensors.

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Security

We use commercially reasonable measures to secure your information and User Content. However, we cannot guarantee complete security. You provide information at your own risk.

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Indemnity

You agree to indemnify and hold OFS and its affiliates harmless from any claims, damages, losses, liabilities, and expenses arising from: (i) your use of the Service; (ii) your violation of this Agreement; (iii) your violation of any third-party right; (iv) your violation of any law; (v) your User Content; or (vi) any other party's use of the Service with your credentials.

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No Warranty

The Service is provided "as is" and "as available". OFS makes no warranties regarding the Service, including its accuracy, reliability, or availability

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Limitation of Liability

To the maximum extent permitted by law, OFS is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from any use of the Service. This includes damages for loss of profits, data, or other intangible losses. Under no circumstances will OFS be responsible for any damages or loss resulting from hacking, tampering or unauthorised access.

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Location of Service ​​

The Service is controlled and operated from Australia. Users are responsible for compliance with local laws.

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Assignment

This Agreement may not be transferred by you but may be assigned by OFS without restriction.

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General

1.  Governing Law: This Agreement is governed by the laws of Victoria, Australia. Disputes will be resolved in Victoria, Australia.
2.  Notifications: OFS may notify you via email, written notice, or postings on our website.
3.  Entire Agreement: This Agreement constitutes the entire agreement between you and OFS. If any provision is deemed invalid, the remaining provisions remain in effect.
4.  Priority: This Agreement takes priority over any conflicting document.
5.  No Waiver: Failure to enforce any term is not a waiver of that term.

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Publish date: March 8, 2024.  Effective date: May 16, 2024