TERMS OF USE | OFS
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+61 3 8684 9859

1st Floor, 10 York Street

Richmond, VIC, 3121, Australia

Terms of Use

Terms of Use

 

By accessing or using Operations Feedback Pty. Ltd. ("OFS", "we", "us") services, website, applications and software provided through or in connection with the service, including through a mobile device ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.
 
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the bottom of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

Use of Our Service

 

OFS grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) the associated Service fees are paid for in advance and (iv) you will otherwise comply with the terms and conditions of this Agreement.

As long as you continue to pay the associated fees, OFS will provide the Service to you. You may discontinue the Service at any time by supplying written notice to accounts@ofsystems.com . You will remain liable for any and all outstanding fees for the Service being available prior to that date. You should be aware, however, that OFS reserves the right at any time to alter or modify all or part of the Service from time to time. Such alterations and modifications, or both, may include, without limitation, the addition or withdrawal of features, products, services, software or changes in instructions.

 

User Account

OFS may require that you register with OFS and create or be supplied with a User account in order to gain  access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OFS immediately of any breach of security or unauthorized use of your account. Although OFS will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of OFS or others due to such unauthorized use. 

User Content

 

Some areas of the Service may allow Users to post feedback, comments, questions, data, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. OFS will not review, share, distribute, or reference any such personally identifiable User Content except with your permission or as provided herein or in our Privacy Policy or as may be required by law. Non-personally identifiable or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.

 

OFS takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. OFS is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that OFS shall not be liable for any damages you allege to incur as a result of such User Content.

License Grant

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited license to use the Service. OFS reserves all rights not expressly granted herein in the Service. Unless OFS has agreed otherwise OFS may terminate this license at any time for any reason or no reason

Our Proprietary Rights

 

The Service and its materials, including, without limitation, software, source code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "OFS Content"), and all Intellectual Property Rights related thereto, are the exclusive property of OFS and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the OFS Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
 
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place OFS under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, OFS does not waive any rights to use similar or related ideas previously known to OFS, or developed by its employees, or obtained from sources other than you

Service Desk

 

As part of the Service OFS offers various customer support services via the “Support Desk” the scope and charges for support services are described in the “OFS Support Services”  document available at www.ofsystems.com or in the link here.

Security

 

We have implemented commercially reasonable technical and organisational measures designed to secure your information and User Content from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your information and User Content for improper purposes. You acknowledge that you provide all information at your own risk.

 

Indemnity 

You agree to indemnify and hold harmless OFS and its subsidiaries, agents, managers, and other affiliated companies, and their employees, 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 attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Australia or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

 

The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, OFS, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
 
OFS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the OFS service or any hyperlinked website or service, or featured in any banner or other advertising, and OFS will not be a party to or in any way monitor any transaction between you and third-party providers of products or services

Limitation of Liability

 

To the maximum extent permitted by applicable law, in no event shall OFS, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, materials, labour, wastage, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will OFS be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
 
To the maximum extent permitted by applicable law, OFS assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall OFS, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to OFS for use of the service during the last monthly period of the claim hereunder.
 
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if OFS has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Certain business terms may provide slightly different rights to the parties thereto, but any such business terms do not change the rules applicable to users covered by the foregoing

Location of Service 

The service is controlled and operated from its facilities in Australia and in other territories. OFS makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
 

Assignment

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OFS without restriction

General

1.   Governing Law. You agree that: (i) the Service shall be deemed solely based in Victoria, Australia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over OFS, either specific or general, in jurisdictions other than Victoria, Australia. This Agreement shall be governed by the internal substantive laws of the State of Victoria, without respect to its conflict of laws principles. Any claim or dispute between you and OFS that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Victoria, Australia.
2.   Notification Procedures. OFS may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by OFS in our sole discretion. OFS reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
3.   Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by OFS via the Service, shall constitute the entire agreement between you and OFS concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 
4.   To the extent of any inconsistency or conflict between this Agreement and any other document, this Agreement will take priority.
5.   No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and OFS's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Last updated August 30th 2019