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.
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 email@example.com. 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:
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:
7.4 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:
9.2 Upon termination you must:
9.3 If you have:
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:
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:
15.3 We will not be responsible for failures to fulfil any obligations due to causes beyond our control.
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.
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.