Terms of Use (“terms”)
Last updated: November 17, 2019Please read these Terms of Use carefully before using the www.progility.com.au website operated by Progility PTY LTD ("us", "we", or "our").
Section 1: Introduction
1.1 If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy governs Progility’s relationship with you in relation to this website. If you disagree with any part of these terms, you must not use our website.1.2 Our website uses cookies to collect Personal Information and Data used by us in accordance with, and as described in, our privacy and cookies policy.
Section 2: Credit
2.1 This document was created using a template from SEQ Legal.Section 3: Licence to use website
3.1 You may:a) View pages from our website in a web browser;
b) Download pages from our website for caching in a web browser;
c) Stream audio and video files from our website; and/or
d) Use our website services by means of a web browser;
3.2 Except as expressly permitted by these terms, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms, you must not edit or otherwise modify any material on our website.
3.5 You may redistribute our newsletters and marketing material, in print and electronic form, to any person.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Section 4: Acceptable use
4.1 You must not:a) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software;
d) Conduct any systematic or automated data collection activities on or in relation to our website without our express written consent;
e) Access our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
f) Violate the directives set out in the robots.txt file for our website;
g) Use data collected from our website to contact individuals, companies or other persons or entities; or
h) Provide false, inaccurate or misleading information through our website, or in relation to our website.
Section 5: Links To Other Websites
5.1 Our website may contain links to third-party websites or services that are not owned or controlled by Progility.5.2 Progility has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
5.3 You further acknowledge and agree that Progility shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of such content, goods or services available on or through any such websites or services.
Section 6: Limited warranties
6.1 We do not warrant or represent:a) The completeness or accuracy of the information published on our website;
b) That the material on the website is up to date; or
c) That the website or any service on the website will remain available.
6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
6.3 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms, our website and the use of our website.
Section 7: Limitations and exclusions of liability
7.1 Nothing in these terms and conditions will:a) Limit or exclude any liability for death or personal injury resulting from negligence;
b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
c) Limit any liabilities in any way that is not permitted under applicable law; or
d) Exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this section and elsewhere in these terms:
a) Govern all liabilities arising under these terms or relating to the subject matter of these terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
b) To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
c) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
d) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
e) We will not be liable to you in respect of any loss or corruption of any data, database or software.
f) We will not be liable to you in respect of any special, indirect or consequential loss or damage.
g) You accept that we have an interest in limiting the personal liability of our employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our employees in respect of any losses you suffer in connection with the website or these terms (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our employees).
Section 8: Breaches of these terms
8.1 Without prejudice to our other rights under these terms, if you breach these terms in any way, or if we reasonably suspect that you have breached these terms in any way, we may:a) Send you one or more formal warnings;
b) Temporarily suspend your access to our website;
c) Permanently prohibit you from accessing our website;
d) Block computers using your IP address from accessing our website;
e) Contact any or all of your internet service providers and request that they block your access to our website;and/or
f) Commence legal action against you, whether for breach of contract or otherwise;
8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
Section 9: Severability
9.1 If a provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.9.2 If any unlawful and/or unenforceable provision of these terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Section 10: Third party rights
10.1 A contract under these terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.10.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
Section 11: Entire agreement
11.1 These terms and conditions together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.Section 12: Law and jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with Australian law.12.2 Any disputes relating to these terms shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of Australia.
Section 13: Statutory and regulatory disclosures
13.1 Progility PTY LTD is ASIC registered; you can find the register here.13.2 We are subject to Australian Consumer Law (ACL), which is administered and enforced jointly by the Australian Competition and Consumer Commission (ACCC) and the State and Territory consumer protection agencies.
13.3 We are registered as Progility PTY LTD trading as Progility Technologies with Progility Limited in the United Kingdom.
Section 14: Changes
14.1 We reserve the right to modify or replace these Terms at any time.14.2 The revised Terms of Use shall apply to the use of our website from the date of publication on the website, and you hereby waive any right you may otherwise have to be notified of, or consent to, revisions of these terms and conditions.
14.3 Any changes made to this statement will be available via this website. What constitutes a material change will be determined at our sole discretion.