1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Washradiant, concerning your access to and use of our website and project management software services. You agree that by accessing our services, you have read, understood, and agreed to be bound by all of these Terms of Use.
If you do not agree with all of these Terms of Use, then you are expressly prohibited from using our services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Use for future reference.
Supplemental terms and conditions or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
2. Intellectual Property Rights
Unless otherwise indicated, our website and services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our website are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.
The content and graphics provided on our website and through our services are provided for your information and personal use only. Except as expressly provided in these Terms of Use, no part of our website or services and no content or graphics may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use our services, you are granted a limited license to access and use our services and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to our website, services, and content.
3. User Representations
By using our services, you represent and warrant that: you have the legal capacity and you agree to comply with these Terms of Use; you are not a minor in the jurisdiction in which you reside; you will not access our services through automated or non-human means, whether through a bot, script, or otherwise; you will not use our services for any illegal or unauthorized purpose; and your use of our services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device.
4. User Registration
You may be required to register with our services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account on our services.
5. Prohibited Activities
You may not access or use our services for any purpose other than that for which we make our services available. Our services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of our services, you agree not to: systematically retrieve data or other content from our services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; make any unauthorized use of our services, including collecting usernames and email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
You also agree not to: use our services to advertise or offer to sell goods and services; circumvent, disable, or otherwise interfere with security-related features of our services; engage in unauthorized framing of or linking to our services; trick, defraud, or mislead us and other users; make improper use of our support services or submit false reports of abuse or misconduct.
Additionally, you may not: use our services in a manner inconsistent with any applicable laws or regulations; upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of our services; engage in any automated use of the system; delete the copyright or other proprietary rights notice from any content; attempt to impersonate another user or person or use the username of another user.
6. User Generated Contributions
Our services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on our services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material.
Contributions may be viewable by other users of our services and through third-party websites. As such, any contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights of any third party.
7. Contribution License
By posting your contributions to any part of our services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such contributions for any purpose, commercial, advertising, or otherwise.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
8. Services Management
We reserve the right, but not the obligation, to: monitor our services for violations of these Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof.
We also reserve the right to: remove or disable any contributions that are, in our sole discretion, objectionable or in violation of these Terms of Use; otherwise manage our services in a manner designed to protect our rights and property and to facilitate the proper functioning of our services.
9. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using our services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised our services are hosted in Australia. If you access our services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of our services, you are transferring your data to Australia, and you agree to have your data transferred to and processed in Australia.
10. Term and Termination
These Terms of Use shall remain in full force and effect while you use our services. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our services to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.
We may terminate your use or participation in our services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
11. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of our services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services. We also reserve the right to modify or discontinue all or part of our services without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our services. We cannot guarantee our services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our services, resulting in interruptions, delays, or errors.
12. Governing Law
These Terms of Use and your use of our services are governed by and construed in accordance with the laws of Australia applicable to agreements made and to be entirely performed within Australia, without regard to its conflict of law principles. Your use of our services may also be subject to other local, state, national, or international laws.
13. Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Melbourne, Australia, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
Should a dispute arise between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and we agree that we will resolve any claim or controversy at law or equity that arises out of these Terms of Use or our services through binding arbitration or small claims court instead of in courts of general jurisdiction.
14. Corrections
There may be information on our services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our services at any time, without prior notice.
15. Disclaimer
Our services are provided on an as-is and as-available basis. You agree that your use of our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with our services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of our services content or the content of any websites linked to our services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage resulting from your access to and use of our services.
16. Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our services, even if we have been advised of the possibility of such damages.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of our services, breach of these Terms of Use, or breach of your representations and warranties set forth in these Terms of Use.
18. User Data
We will maintain certain data that you transmit to our services for the purpose of managing the performance of our services, as well as data relating to your use of our services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our services.
19. Contact Us
In order to resolve a complaint regarding our services or to receive further information regarding use of our services, please contact us:
Washradiant
696 Bourke St, Melbourne VIC 3000, Australia
Phone: +61 3 8060 0318
Email: reply@washradiant.world