Codelytics

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Website terms and conditions

This website, www.codelytics.io, is owned and operated by Codelytics Pty Ltd (Australian Company Number 604 497 752). In these terms and conditions, “we” “us” and “our” refers to Codelytics Pty Ltd.

Your access to and use of any information, product/s and/or service/s on this website, is provided subject to the following terms and conditions. By using this website, our product/s and/or service/s, you agree to be bound by these terms and conditions (including our privacy policy).

We reserve the right to amend these terms and conditions at any time and your use of the website following any amendments will represent your agreement to be bound by the then amended terms and conditions. We therefore recommend that each time you access our website you read these terms and conditions.

By using our website, product/s and/or service/s, you accept that you have had adequate access to these terms and conditions and the ability to contact us. Use of this website will constitute your agreement that you have read and agreed to comply with these terms and conditions. If you do not agree with these terms and conditions, or you are under the age of 18 years old, do not use our website, product/s and/or service/s.

Intellectual property rights & your limited licence

  1. When you visit our website, we give you a limited licence to access our information, software, product/s and/or service/s for your personal use.
  2. All website content (including information and software, and excluding that owned by third parties, including WordPress and Centric Theme on Genesis Framework) is owned by Codelytics Pty Ltd and/or its affiliates. We reserve all rights to the material we own, which is protected by Australian copyright laws and relevant international treaty provisions.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are expressly prohibited from to copying, reproducing, republishing, distributing or displaying any of the information, software, product/s and/or service/s on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
  5. The copyright to all content on this website, including, but not limited to, Javascript, graphics, images, software, layouts and text belongs to us or we have a licence to use those materials.
  6. All copyright material, trademarks, brands and logos (generally identified by appropriate licences or symbols) which are used on this website are either owned by us or we have a licence or right to use them. Your access to our website does not license you to use those marks.
  7. A trademark application for the name Codelytics has been lodged.
  8. Oracle and Java are registered trademarks of Oracle and/or its affiliates. Other names may be trademarks of their respective owners.
  9. If you provide us with any comment, feedback, idea or suggestion (called “Comments”), you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
  10. Any Comments which you provide to us through this website will, however, become our property. We reserve the right to use your Comments in promoting our website or in any other way. You agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

Unlawful use

  1. We will pursue any unlawful use of this website, or the information, software, product/s and/or service/s owned by us, for civil or criminal penalties.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content, maintenance of, or privacy compliance by, any linked website.
  2. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
  4. All content provided on this website is for informational purposes only. Whilst we act in good faith, we can make no representations as to the accuracy or completeness of any information on this website or found by following any link on this site. We intend to do no harm and will not be liable for any error/s or omission/s in content on this website, or websites we link to. We will not be liable for any losses, injuries, damages or similar arising from the display or use of the information on this site or linked sites.

Limitation of Liability

  1. If you are a consumer within the meaning of the Competition and Consumer Act 2010 then this clause does not apply to you and has no effect in any way to limit our liability or your rights. If you are not a consumer within the meaning of the Competition and Consumer Act 2010, then:
    • (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
    • (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
    • (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
    • (iv) We do not participate in any way in the transactions between our users.

Pricing

  1. All prices are in Australian Dollars (AUD) and are exclusive of GST. Once you go through our procurement process, GST will be added to your invoice if relevant. We endeavour to ensure that our listed prices are current. We reserve the right to amend our prices, as listed on this website, at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product Descriptions

  1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any error/s or omission/s in description, we reserve the right to correct those error/s or omission/s.
  2. Images are provided for illustrative purposes only. We do not guarantee that any image will reflect the full design or options relating to a product or service.

Product Orders

  1. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
  2. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
  3. When you place an order with us, we require you to provide certain details, the collection of which is governed by our privacy policy. We undertake to take due care with this information. In providing us with the requested information you accept that we are not liable for its misuse due to error in transmission or virus or malware or any other circumstances beyond our control.
  4. We undertake to accept or reject your order within two (2) days. If we have not responded to you within two (2) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
  5. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
  6. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment in a satisfactory manner. We reserve the right to determine what constitutes a satisfactory manner).
  7. All risk of loss or damage to the goods passes to you when we despatch the goods.

Order Cancellation Due To Error

  1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Suitability

  1. When you agree to purchase our software product/s, you will be provided with an evaluation license for the product. This evaluation licence will give you seven (7) calendar days to test the product and ensure its suitability for your purpose. Your credit card will not be charged until this evaluation period is expires. Upon expiration of your evaluation licence, if you have not contacted us to cancel your order, your credit card will be charged and you will be sent the key to your full licence.

Force Majeure

  1. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Privacy and information collection

  1. For information regarding our privacy policy and compliance with applicable privacy legislation, beyond that dealt with here, please click on this link to our privacy policy.
  2. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information that you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions were specifically drafted for Codelytics Pty Ltd by LawLive Pty Ltd (www.lawlive.com.au) and legal advisors. These terms and conditions are subject to copyright. Apart from any use permitted under the Copyright Act 1968, no part may be reproduced by any process, nor may any other exclusive right be exercised, without prior written permission.

All website content, including software, (excluding that owned by Wordpress and Centric Theme on Genesis Framework) is owned by Codelytics Pty Ltd and/or its affiliates, all rights reserved and protected by Australian copyright laws and relevant international treaty provisions. Any reproduction, redistribution and/or reverse engineering is expressly prohibited. For further details see the terms and conditions page on this site.
© Codelytics Pty Ltd, Adrian Bartlett, 2013