CorePlan Website Terms of Use

Thank you for visiting our website https://www.coreplan.io/website-terms-of-use.

This Website is owned and operated by Spring Cloud Tech Pty Ltd Trading as CorePlan (ABN 11 605 787 513), through which various products, including the product Coreplan Platform (Products) can be accessed and to the exent you access the Products, you must enter into the relevant agreements in relation to the Products (Website Owner, 'Us/us', 'We/we' and 'Our/our' ).

The following Website terms of use (Terms) govern your access to and use of this Website and the services available through this Website (Services).

By accessing and/or using this Website and related Proudcts and Services, you agree to all of the Terms, current at the time of your use of the Website. , which include our Privacy Policy (available at www.coreplan.io).

You should review our Privacy Policy and these Terms carefully and immediately cease using our Website if you do not agree to these Terms.

1. Amendments to the Website Terms‍

The Website Owner reserves the right to amend these Terms from time to time at its discretion without notice (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms. Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms. We suggest you check the Terms regularly to ensure you are aware of the most up to date terms.

2. Registration

You must be a registered member to access Coreplan.When you register and activate your account, you will provide us with personal information such as your name and other contact information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy on www.coreplan.io. By using this Website, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.To create an account, you must be:

1. at least 18 years of age;
2. posess the legal right and ability to enter into a legally binding agreement with us; and
3. age and warrant to use the Website in accordance with these Terms.

3. Collection Notice

1. We collect personal information about you in order to respond to your enquiry, process your registration and/or provide you with features within the CorePlan Platform and for purposes otherwise set out in our Privacy Policy at www.coreplan.io/privacy.
2. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners), and for any related purposes or as required by law. If you do not provide this information, we may not be able to provide the necessary access to the Coreplan Platform to you.  
3. Our Privacy Policy explains:
   
   1. how we store and use, and how you may access and correct your personal information;
   2. how you can lodge a complaint regarding the handling of your personal information; and
   3. how we will handle any complaint. If you would like any further information about our Privacy Policies or practices, please contact us at support@coreplan.io.
4. By providing your personal information as defined in the Privacy Act 1998 (Cth) to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.‍

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, these Terms will prevail.‍

5. Linked sites

Our Website may contain links to websites operated by third parties (Linked Sites). Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those Linked Sites and have no control over or rights in those Linked Sites. We accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Sites, if any.

6. ‍Intellectual property rights

1. Unless otherwise indicated, we own or license from third parties all rights, titles and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and all of the material (including all text, graphics, photographic images, logos, audio, software and Products and Services) made available on this Website (Content) and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. For the avoidance of doubt, nothing in these Terms assigns any ownership rights to you.
2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on the Terms set out in this Website and, where applicable, as expressly authorised by us and/or our third party licensors.
3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
4. All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.
5. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.‍

7. No commercial use

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.‍

8. Unacceptable activity

Access to the Website is provided to you on the basis that you must not misuse the Website or do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

1. any act that would constitute a breach of either the privacy law (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
2. commit or encourage a criminal offence;
3. using this Website to defame or libel us, our employees or other individuals;
4. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
5. posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
6. hack into any aspect of the Website; corrupt data; cause annoyance to other users;
7. maliciously interrupt the purchase of Products and Services from the Website;
8. infringe upon the rights of any other person's proprietary rights;
9. send any unsolicited advertising or promotional material (spam); or
10. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.‍

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.‍

9. Disclaimer of liability‍

The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the ACL, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. We make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate, up-to-date, or comply with the laws (including intellectual property laws) of any country outside of Australia, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

1. To the fullest extent permitted by law, you represent and warrant that the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Products and Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
2. This disclaimer does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
3. For the avoidance of doubt, you represent and warrant that we are entitled to restrict, suspend, or terminate your access to this Website, the Content, or any features of this Website at any time and without prior notice. You represent and warrant that we will not be held responsible for any loss, costs, damages, or liabilities that may occur as a result of such actions. Your use of the Website is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations will apply to you to the fullest extent permitted under applicable law.
4. To the extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of:
   
   1. the amount paid, if any, by you to us in connection with the Website in the two (2) months prior to the action giving rise to liability; or
   2. $1.00.‍

10. Indemnity

1. You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms.
2. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.‍

11. Variation

The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and Services or any page of this Website.‍

12. Invalidity‍

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.‍

13. Entire agreement and no waiver

Our failure to exercise or enforce any right or provision of these Terms must not constitute a waiver of such right or provision. These Terms constitutes the entire agreement between you and us and govern your use of the Website, superseding any prior agreements between you and us.

14. Force Majeure Events

1. We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by events outside our control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non- happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
   
   1. Strikes, lock-outs or other industrial action;
   2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
   3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
   4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
   5. Impossibility of the use of public or private telecommunications networks;
   6. Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and
   7. The acts, decrees, legislation, regulations or restrictions of any government.

15. Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.

16. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to legal@coreplan.io