1.1 These terms create a contract between you and ROAR Software Pty Ltd (ACN: 142 689 683) of Level 14, 309 Kent Street, Sydney NSW 2000 and its Related Bodies Corporate (us, we or our). Please read the terms carefully.
1.2 By using the ROAR platform and applicable hosting services developed and modified by us or any other software, services or any applications made available by us (Services), you agree to be bound by these Terms of Use. To confirm your understanding and acceptance of these Terms of Use, click “Agree.”
1.3 We may, on notice to you, change these Terms of Use. Your continued use of the Services following any changes indicate your acceptance of the changes. These Terms of Use do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
2.1 You will and must ensure your Authorised Users access the Services in accordance with:
2.2 You agree that your use of the Services is at your own risk.
2.3 To use the Services, you:
3.1 In order to access certain products through the Services, you must set up an account and be at least 18 years of age. If you wish to allow access to the Services to your Authorised Users you must invite each Authorised User and pay the applicable fees in accordance with clause 6.1. Authorised User’s must then activate their account using the applicable Authorised User Login.
3.2 You are solely responsible for:
3.3 You agree and acknowledge that all information you provide us will be true, accurate, current and complete.
3.4 We may, in our sole discretion, access your or an Authorised User’s account to provide support and maintenance services, suspend or terminate your account, and refuse any and all current or future use of the Services.
3.5 You may cancel your or an Authorised User’s ROAR environment for any reason by notifying us by email at support@roarsoftware.com.au. We will then work with you to undertake steps to cancel the environment.
4.1 We enable access to third-party applications and services through our Services (External Services).
4.2 If you or an Authorised User acquires External Services via our Services (a Transaction), each Transaction is a contract between you and the third party providing the External Services.
4.3 Each Transaction may involve the transfer of your data or User Content (defined below) to an External Service. By you or an Authorised User electing to proceed with any Transaction you consent to the transfer of your data and User Content, which will be dealt with by the External Service in accordance with your agreement with them.
4.4 If you use External Services, you agree:
5.1 We enable access to our applications and services through our Services (ROAR Software Applications).
5.2 If you or your Authorised Users use ROAR Software Applications, you agree:
6.1 For access to the Services, you agree to pay a monthly access fee per Authorised User based on the access tier you selected (being either Basic, Standard or Premium as set out at www.roarsoftware.com.au as follows:
6.2 You agree you must pay the applicable External Service and ROAR Software Application fees and, if applicable, consent to us collecting these fees on the third party’s behalf via a third party payment gateway. For details about the payment gateway please visit https://stripe.com/au/checkout/legal.
6.3 We may change the applicable fees on 30 days’ notice to you.
6.4 The monthly access fee is due by direct debit and:
6.5 Unless otherwise expressly stated, all fees, prices or other sums payable or consideration to be provided under these Terms of Use are exclusive of GST. If GST applies to a supply by any party under these Terms of Use, the consideration will be increased by an amount equal to the GST liability incurred by the party making the supply.
7.1 You are responsible for all your content, data and information that you or your Authorised Users submit, post, gather, store, host, or display on through the Services, including:
7.2 You must not and must ensure that your Authorised Users do not submit, post or display any User Content that:
7.3 We may remove User Content which is inappropriate or is in breach of these Terms of Use without notice.
7.4 If you or your Authorised Users choose to collect User Content that can be characterised as personal information (as that term is used in the Privacy Act 1988 (Cth) or financial information this will be at your sole risk and you agree to comply with the Privacy Act 1988 (Cth) and all other applicable laws.
8.1 You must not and must ensure your Authorised Users do not:
9.1 These Terms of Use are effective until terminated. Either party may terminate at any time.
9.2 Upon termination you must:
9.3 If you have:
10.1 We own, or are the licensee of, the intellectual property rights in the content available through the Services, including text, photos, graphic designs, images and video content. These Terms of Use do not transfer any intellectual property rights from us to you or any third parties. If you infringe our intellectual property rights or any other third party, we have the right to deny access to or terminate your use of the Services immediately.
10.2 Subject to your, and your Authorised User’s, compliance with these Terms of Use, we grant you and your Authorised Users a limited non-exclusive, non-transferable, non-sub-licensable licence to use the Services.
10.3 You agree you may not and must ensure your Authorised Users do not:
10.4 You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and content to you and to other users.
10.5 The ROAR name, logo and other ROAR trade marks, service marks, graphics, and logos used in connection with the Services are trade marks or registered trademarks of ROAR in Australia and internationally. You are granted no right or licence with respect to these trade marks.
11.1 You acknowledge and agree:
11.2 Use of the Services is subject to our Privacy Policy, which is available at https://roarsoftware.com.au/privacy-policy
We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
13.1 To the extent permitted by law:
13.2 You acknowledge that the use of the Services is at your sole risk. You are responsible for backing up your own system, including any content acquired or rented through the services.
13.3 We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
13.4 If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, we limit our liability in respect of any claim under those provisions to:
You indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your and/or your Authorised User’s breach of these Terms of Use and your and/or your Authorised User’s use or misuse of the Services.
15.1 If any term or provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
15.2 A failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision.
15.3 We will not be responsible for failures to fulfil any obligations due to causes beyond our control.
15.4 These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.
15.5 These Terms of Use constitute the entire agreement between the parties, with all other agreements or understandings previously existing between you and us hereby replaced.
15.6 The Services or content made available on or through the Services, are not intended for distribution to, or use by, any person or entity, in any jurisdiction or country, where such distribution or use would be contrary to law or regulation. We may limit the availability of the Services or content, or any part of, to any person, geographic area, or jurisdiction at any time.
15.7 Nothing in these Terms of Use should be read to override or circumvent any laws of a foreign jurisdiction. All Services or content made available through the Services are void where prohibited.
15.8 These Terms of Use are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales to resolve any dispute or claim arising from these Terms of Use.
15.9 The United Nations Convention on the International Sale of Goods is not applicable to these Terms of Use.
16.1 In these terms of use unless the context otherwise requires
Authorised User means the employees, agents and independent contractors of you who are authorised by you to be supplied Authorised User Logins and access and use Services.
Authorised User Logins means the unique username and password issued or otherwise assigned by us to you or your Authorised Users for access to and use of the Services.