Terms and Conditions
Online Terms & Conditions
By accessing and/or utilising any information, products or services available at the Purple Panda website, you agree to be bound by the Terms & Conditions detailed below.
In this agreement, unless the context otherwise requires:
"You" refers to those person(s) who wish to access the service subject to and on the Terms & Conditions of this agreement.
"Content" means the information made available to you through the Site;
"Purple Panda" means Purple Panda Pty Ltd ACN 115 506 342 trading under the business name 'Purple Panda' of PO Box 37, Mt Eliza, VIC, 3930;
"The Purple Panda website" means the online information service located at www.purplepanda.com.au, which Purple Panda has developed and is the proprietor of;
"Site" means all or any of the applications contained on the Purple Panda website.
Application & Variation of these Terms
Your use of the Site is to be in accordance with these Terms & Conditions and your use of the Site signifies your acceptance of these Terms & Conditions.
Purple Panda may at any time, at its sole discretion, amend, vary or modify these Terms & Conditions.
Purple Panda may give notice on the Site of any modification to the Terms & Conditions but it is your responsibility to check for any such modification each time you use the Site.
Modifications to the Terms & Conditions will be effective immediately and any subsequent use by you of the Site will constitute an acceptance of the modifications.
You acknowledge that:
1. While Purple Panda provides the information on this Site in good faith, it accepts no responsibility for the accuracy, completeness, reliability or timeliness of the information;
2. There are inherent hazards in electronic distribution and as such there may be delays, omissions or inaccuracy in content;
3. You should not act or fail to act on the basis of any information or materials on the Site, and furthermore, you accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any other website on the Internet accessed via this Site or otherwise (Related Site); and
4. Purple Panda does not represent or warrant that any files obtained from or through the Site or any Related Site are free from computer viruses or other defects. Any such files are provided, and may only be used, on the basis that the user assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files. Purple Panda's liability for such an event is limited to the resupply of those files.
Provision of Service
Purple Panda may without notice suspend the Site or disconnect or deny you access to any part of the Site:
1. During any technical failure, modification or maintenance involved in the Site provided that Purple Panda will use reasonable endeavours to procure the resumption of the Site as soon as reasonably practicable;
2. If you fail to comply with any agreement with Purple Panda; or
3. If you do, or allow to be done, anything which in Purple Panda's opinion may have the effect of jeopardising the operation of the Site.
Purple Panda may make improvements and/or changes to the Site or Contents at any time without notice.
Access to the Service
You are responsible for maintaining the secrecy and confidentiality of all identification and login information required for you to access the Site, including all additional passwords, identification and login information which may be provided by Purple Panda from time to time to enable you to use any specific Service. You agree to notify Purple Panda immediately if any of this information has been or is suspected to have been compromised by loss, theft, manipulation or any other means.
You agree not to disclose to any other person, corporation, entity or organisation any identification or login information, whether in use or not, relating to the Site.
You are liable for all charges resulting from the use of the Site accessed through your identification or login information whether authorised by you or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Site is your responsibility and any such occurrences should be immediately communicated to Purple Panda.
Use of the Service
You agree to comply with all directions pertaining to the access and use of the Site granted to you by Purple Panda.
You agree that in accessing and using the Site, you will only use software that you are legally entitled to use and such use will not infringe any third party's intellectual property rights.
You agree that the Site is provided by Purple Panda to you for your personal use unless Purple Panda expressly agrees otherwise. You shall not sell, lease, furnish or otherwise permit or provide access to the Site to any other person and shall not reproduce, retransmit, redistribute, disseminate, sell, publish, broadcast or circulate any Content to any other person. You may download or copy reasonable amounts of Content for personal use but unless Purple Panda expressly agrees otherwise shall not copy, save, or archive significant portions of the Content without the prior written consent of Purple Panda.
You acknowledge and agree that all and any intellectual property rights (including without limitation copyright, trademark rights and patent rights) in the Content remain the property of Purple Panda.
Nothing contained in the Site is to be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of the relevant owner.
You shall not, in any event, modify Content or create any derivative works without the prior written consent of Purple Panda.
Any software that is made available to download from the Services ("Software") is the copyrighted work of Purple Panda and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
MATERIALS PROVIDED TO PURPLE PANDA OR POSTED AT ANY PURPLE PANDA WEB SITE.
Purple Panda does not claim ownership of the materials you provide to Purple Panda (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Purple Panda permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Purple Panda is under no obligation to post or use any Submission you may provide and Purple Panda may remove any Submission at any time in its sole discretion.
Disclaimer of Liability
The materials on the Site have been prepared for general information purposes only. Purple Panda and its respective directors, officers and agents:
* Exclude, to the maximum extent permitted by law, all express or implied warranties of any kind (including warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose) in relation to any information or materials on the Purple Panda website or any Related Site;
* Are under no obligation to update any information or materials on the Purple Panda website, or correct any inaccuracy on the Site which may become apparent at a later time;
* Do not warrant the accuracy of any Content and save for any liability which cannot be excluded and any rights which a person may have under the Trade Practices Act 1974 (Cth); and
* Disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person's dealings with them or by use of the Site whether that loss or damage is caused by any fault or negligence on the part of Purple Panda, its directors, officers, employees and agents.
The Site may contain, or be linked to, advice, statements and opinions of third parties, information providers or content providers. Purple Panda does not warrant the accuracy, timeliness, reliability or completeness of any advice, statements and opinions contained in the Content or on any linked site. Reliance on any such advice, statements and opinions is at your own risk.
Liability & Indemnity
Except in relation to liability for personal injury, Purple Panda shall be under no liability to you in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of use of the Site by you or in respect of a failure or omission, whether arising from Purple Panda's negligence or otherwise, on the part of Purple Panda to comply with its obligations under this agreement.
You agree to fully indemnify and hold Purple Panda harmless against all and any loss, costs, expenses, demands or liability (including legal costs on a full indemnity basis), expenses, demands, actions, proceedings and liabilities, whether direct or indirect, reasonably incurred or suffered by Purple Panda as a result of a breach by you of your obligations under this agreement or any wilful, unlawful or negligent act or omission by you.
FOR YOUR CONVENIENCE, PURPLE PANDA MAY MAKE AVAILABLE AS PART OF ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PURPLE PANDA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE with PURPLE PANDA SOFTWARE PRODUCTS.
Without prejudice to any other rights Purple Panda may have under this Agreement or at law or in equity, Purple Panda may terminate this Agreement at any time.
You cannot assign your rights under this agreement without the prior written consent of Purple Panda.
The laws of the Commonwealth of Australia govern this Agreement and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of the State of Victoria, in the Commonwealth of Australia.