TERMS & CONDITIONS
BACKGROUND:
These
terms and conditions apply as between you, the User of Services
provided therein and Systems Together Ltd the owner(s) of the
Services and this Website. Your agreement to comply with and be
bound by these terms and conditions and to grant any and all
licences required is deemed to occur upon your acceptance of
these terms and conditions prior to your first use of the
Services.
1. Definitions
and Interpretation
1.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.1 In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means
collectively the personal information, payment information and
credentials used by Users to access the Services through the Web
Site;
“Agreement” means the binding agreement that shall come into effect between the User and Systems Together Ltd following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Services” means collectively the online facilities, tools, services or information that Systems Together Ltd makes available through the Website either now or in the future;
“Subscription Fee” means the sum of money paid by Users at 12 monthly intervals to keep their Account active and to enable them to access the Services;
“Subscription Period” means the period for which a subscription has been purchased and may refer to all systems provided accordingly;
“User / Users” means any third party that accesses the Website and the Services that is not employed by Systems Together Ltd and acting in the course of their employment; and
“Website” means the website on which these terms and conditions appear (www.systemstogether.com) and any sub-domains of that website unless expressly excluded by their own terms and conditions.
“Agreement” means the binding agreement that shall come into effect between the User and Systems Together Ltd following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
“Services” means collectively the online facilities, tools, services or information that Systems Together Ltd makes available through the Website either now or in the future;
“Subscription Fee” means the sum of money paid by Users at 12 monthly intervals to keep their Account active and to enable them to access the Services;
“Subscription Period” means the period for which a subscription has been purchased and may refer to all systems provided accordingly;
“User / Users” means any third party that accesses the Website and the Services that is not employed by Systems Together Ltd and acting in the course of their employment; and
“Website” means the website on which these terms and conditions appear (www.systemstogether.com) and any sub-domains of that website unless expressly excluded by their own terms and conditions.
1.2 Unless the context
otherwise requires, each reference in these terms and conditions
to:
1.2.1 “writing”,
and any cognate expression, includes a reference to any
communication effected by electronic or facsimile transmission or
similar means;
1.2.2 a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Clause or paragraph is a reference to a Clause of these terms and conditions.
1.2.2 a statute or a provisions of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Clause or paragraph is a reference to a Clause of these terms and conditions.
1.3 The headings used in these
terms and conditions are for convenience only and shall have no
effect upon the interpretation of these terms and
conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Provision of
Services
2.1 Systems Together Ltd shall
use its best and reasonable endeavours to provide the Services on
an error-free basis and without interruption.
2.2 Notwithstanding sub-Clause 2.1, Systems Together Ltd does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.
2.2 Notwithstanding sub-Clause 2.1, Systems Together Ltd does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.
2.3 Systems Together Ltd shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.
2.4 Systems Together Ltd’s right to perform any of the actions detailed in this Clause without prior notice, Systems Together Ltd shall use its best and reasonable endeavours to provide such notice whenever possible.
3. Access
to Services
3.1 The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.
3.2 If the User is unable to comply with the requirements of sub-Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.
3.3 In order to use the Services and to submit or create Content, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions the User represents and warrants that:
3.3.1 any information that is submitted is accurate and truthful;
3.3.2 all such information will be kept accurate and up-to-date; and
3.3.3 the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.
3.4 If the User has reason to believe that their Account details have been obtained by another without consent, the User should contact Systems Together Ltd immediately to suspend their Account and cancel any unauthorised orders or payments that may be pending. Users should be aware that orders or payments can only be cancelled up until the point at which the Services are used for the first time through that particular Account. In the event that unauthorised use is made prior to the User notifying Systems Together Ltd of the unauthorised nature of the order or payment, Systems Together Ltd will suspend access to the Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the User.
3.5 The terms of sub-Clause 3.4 shall apply notwithstanding any related provisions in Clause 16.
3.1 The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.
3.2 If the User is unable to comply with the requirements of sub-Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.
3.3 In order to use the Services and to submit or create Content, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions the User represents and warrants that:
3.3.1 any information that is submitted is accurate and truthful;
3.3.2 all such information will be kept accurate and up-to-date; and
3.3.3 the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.
3.4 If the User has reason to believe that their Account details have been obtained by another without consent, the User should contact Systems Together Ltd immediately to suspend their Account and cancel any unauthorised orders or payments that may be pending. Users should be aware that orders or payments can only be cancelled up until the point at which the Services are used for the first time through that particular Account. In the event that unauthorised use is made prior to the User notifying Systems Together Ltd of the unauthorised nature of the order or payment, Systems Together Ltd will suspend access to the Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the User.
3.5 The terms of sub-Clause 3.4 shall apply notwithstanding any related provisions in Clause 16.
4. Subscriptions
4.1 Subscription charges commence on the date that the User activates their subscription. The User’s credit / debit card will be billed on activation and every 12 months thereafter if the user gives prior consent.
4.2 The first payment will be at the price advertised on the Website. Systems Together Ltd reserves the right to change Subscription Fees from time to time and any such changes may affect Users’ subscription rates.
4.3 Increases in price will [not] be reflected in the User’s subscription on the date of the immediately subsequent renewal.
4.4 Decreases in price will [not] be reflected the User’s subscription on the date of the immediately subsequent renewal.
4.5 If a User terminates their subscription or Account they will continue to have access to the Services for the remainder of the prevailing Subscription Period up until the renewal date whereupon access will cease unless the User chooses to pay the Subscription Fee to reactivate their subscription.
4.6 If a User subscribes in error they must inform Systems Together Ltd within 24 hours of subscribing and must not use the Services during that time. If any use can be traced to the User’s Account, no refund will be provided.
5. Use of Services
5.1 The Services are for users named in the subscribing organisation and may not be outsourced.
5.2 Users are permitted to use the Services only in accordance with:
5.2.1 these terms and conditions; and
5.2.2 any relevant law, regulation or other applicable instrument in their particular jurisdiction.
5.3 Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by Systems Together Ltd. Users shall not attempt to download, convert or otherwise reverse-engineer any part of the Services.
5.4 The restrictions set out in sub-Clause 5.3 shall not apply to Content submitted or created by a particular User where that User is downloading their Content, nor to any other Content that a User may have permission to access.
5.5 Users may not engage in any conduct that may disrupt provision of the Services by Systems Together Ltd.
5.6 Subject to any express agreement to the contrary, Users may not reproduce, copy, duplicate, trade or resell the Services.
5.7 Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at Systems Together Ltd’s discretion.
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