TERMS & CONDITIONS FOR USE OF THE WEBSITE
Last updated on 1 September 2022
These terms and conditions apply to the use of this website, including your participation and contributions and the use or purchase of services or goods over this website. In using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable policies, terms and conditions governing the use of this website.
1. Background / Terminology
In these Terms & Conditions:
Intellect Automation International Pty Ltd (‘we’, ‘us’, ‘our’, ‘the Company’) is the owner of the website and its associated documents (‘Site’ ‘Website’) and the products offered for use or sale (‘Software’, ‘Dashflow™’, ‘FindIRR’, ‘DF Converter’).
This page sets forth the Terms and Conditions (the “T & C”) that govern your use of the Site including all its pages, intellectual property (‘IP’) and associated elements.
“Users” (‘you’, ‘your’, ‘yourself’) include Visitors, Customers, Suppliers, Associates, Users or Members, or similar term for those viewing the Site, and/or the account entity you represent.
“Content” or “Contents” means the material, including any text, tables, graphics, charts, documents, calculating systems, illustrations, animation, audio, video or software code, that is found on this site, whether provided by us, by third party affiliates or by Users.
2. These Terms and Conditions are Binding Upon You.
If you do not agree with all the T & C, you may not use the Site. Your use of the Site indicates your full acceptance of the T & C and agreement that the T & C are binding upon you as set forth herein.
We expressly reserve the rights, to be exercised in our sole discretion:
- to terminate your use of the Site and the contents contained herein at any time
- to delay, reject, or remove any and all postings on the Site
- to change the Site and its contents at any time and from time to time
- to amend, modify, add or remove all or part of the T & C current at any time and from time to time by posting such revised terms and conditions on the Site
- to discontinue provision of the Site on the Internet at any time and from time to time.
Accordingly, you may desire to review this page prior to using the Site. For your convenience, the date of the last revision of the T & C is set forth at the top and bottom of this document. The term “you” or “yourself” as used herein, refers both to you as an individual and, if applicable, as an agent, employee or other representative of any person or entity.
If your use of the Site is in your capacity as an agent, employee or other representative of any person or entity, that person or entity shall also be fully bound by the T & C. If you do not have the authority to do this, you must not accept the agreement and must not use the Site.
3. Amendments to these Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
4. The Basic Arrangement
All Contents of the Site, including, but not limited to, the text, graphics, icons, images, logos, downloadable documents, software and HTML code contained on the Site are protected by relevant copyright, trademark and other laws and are owned solely by us or by our suppliers and business associates. You shall not violate or infringe upon our intellectual property rights in this regard.
The Site is set up so that you will naturally and freely have access to all Content in order that you may learn, understand and benefit from the software products developed by the Company. It is expected and assumed that users in commenting on blogs or within forums or public social media will assist each other via postings and dialogue without expecting any payment or other form of tangible reward.
The Site does not provide you with commercial rights of any sort. Should you wish to profit commercially from the Site and/or its Content, you will need to make a specific arrangement with us in writing.
Key aspects of your rights and our rights in this regard are described below. If you are unsure on any matter, you should contact us.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on calculations or information contained on or accessed through this website.
To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including, without limitation, the warranty of usefulness, merchantability, or fitness for a particular purpose.
To the fullest extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied directly on the website or pursuant to an order placed via this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
6. Exception to Disclaimer
This disclaimer set out in these T & C does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
7. Limitation of Remedies
In no event shall we or any of our officers, employees, affiliates, partners, licensors, agents or suppliers be liable for any special, consequential, incidental, indirect or exemplary damages or any damages for loss of profits, use or data, without regard to the form of action, including, without limitation, contract, warranty, negligence or other tort, strict liability or any other legal theory arising out of or relating in any way to the use of the Site or the copying or use of the content in the Site.
In any event, our total maximum aggregate liability in respect of the use or exploitation of any or all part of the site or its content in any manner whatsoever shall be limited to ten ($10.00) Australian dollars.
Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdiction, the liability of the Company or any of its directors, officers, employees, shareholders, partners or agents shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless us and our affiliates and their
respective directors, officers, employees, agents, successors and assigns from
and against all claims, actions, demands, damages, losses, costs and expenses,
including legal costs and expenses, arising from or relating in any way to your
breach of the T & C.
9. Specific Warnings
You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
Although precautions are taken, we do not represent or warrant that the site or any content available for downloading through the site will be free of malware, viruses, malicious computer code or similar contamination, forms of interference features which may be destructive to your computer system. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
The Site and all content and software underlying calculations contained herein are provided on an “as is” basis without any warranties of any kind. The website is continually being updated and improved and notices of such changes are provided via notifications in the mobile app or via newsletter or Really Simple Syndication (“RSS”) service. However, we give no warranty that any notice method will be operative or will offer a fully comprehensive coverage of changes, and we have no obligation to inform you of any changes to any contents of the site.
We strive to maintain the accuracy and completeness of the contents of this Site, primarily regarding its goal to publicize the Company’s philosophy and Software. Whilst we have no reason to believe that any of the Content of this Site is inaccurate, we do not warrant the accuracy, adequacy, or completeness of such Content, and although we do update this Site, we do not undertake to keep this Site updated. We do not accept responsibility for loss suffered because of reliance by you upon the accuracy or currency of the Content or contained on this Site. You acknowledge and agree that you are responsible for understanding and verifying to your satisfaction all Content on this Site before relying on it.
Responsibility for the content of any advertisements that may appear on this website (including hyperlinks to advertisers’ own Sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no claim or warranty that the Site or its Content and calculator will be error-free, or meet your requirements or that the use of information in the Site will be without personal and/or practical problems for you.
Content contained on this Site relating to services or goods have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant or represent that the Content on this Site concerning those goods or services will satisfy the laws of any other country or that it may be lawfully used by you or repeated in public in any particular jurisdiction or that you may lawfully view or download the Contents of the Site in any jurisdiction. It is your responsibility to determine whether the Contents satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia). You acknowledge and agree that if you elect to access the Site, you are solely responsible for compliance with all laws applicable to your use.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions or data or of information contained on your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain because of such activity.
Copyright in this Site (including text, graphics, logos, icons, downloadable documents, sound recordings, video and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, products or services obtained from any part of this website;
without our written permission.
Apart from citations or similar extracts for reference, you cannot simply use or superficially modify substantial Content in an article, a book or a website, or print it on a t-shirt, poster, template or other item, and then license, lease or sell it to others for their use, reproduction or re-sale. Such uses require permission and licensing.
All copies of content made and used by you must contain all copyright, trademark, service-mark and other proprietary notices contained in our Site. A link back to our site should be provided.
All calculations that are used and communicated to others outside your firm should contain an acknowledgement that the figures are “generated by FindIRR and powered by Dashflow”.
11. Trade Marks
The Dashflow word and logo, the Intellect Automation logo and a variety of derived terms including but not limited to DashModel, DashAudit, DashPlan, DashProp, DashChart, DashTech are trademarks that are the property of Intellect Automation International Pty Limited.
If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks.
- in connection with activities, products or services which are not ours.
- in a manner which may be confusing, misleading or deceptive.
- in a manner that disparages us or our information, software products or services (including this Site).
12. Restricted Use
We authorize you to use the Site only for lawful purposes and only in accordance with the T & C.
Unless we agree otherwise in writing, you are provided with access to this Site for your personal and business use in relation to the Company’s software. You are authorised to access, copy download and/or print a copy of any information contained on this Site to support that lawful use, unless such downloading or printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell Content obtained from this Site.
Except as expressly authorized by us in writing, you may not copy or post or distribute any Site Content online or off-line via any computer, network system, or any media without acknowledgement. If the amount of material is substantial, you will need to get permission which will not be unreasonably refused.
Without limiting the generality of the foregoing paragraphs, you agree that you will not take any action to disrupt or in any way interfere with the full and proper operation of the Site or to violate or penetrate the security for the Site, regardless of your intent.
The Site retains the right to endorse on either a pro bono basis or on reasonable commercial terms any business, product, service, cause, association, or other endeavour.
You must not use any Content in a manner that would lead a reasonable person to think that the Site endorses any business, product, service, cause, association, social movement, or other endeavour, unless authorized in writing by us.
If you are uncertain about any use, you must contact us to get explicit guidance and rulings.
14. Authentication and Your Password
An authentication system may be in operation for all or part or parts of the Site at any point in time. Wherever passwords or similar identification information is required, you are responsible for maintaining the confidentiality of your authentication details. You agree that if you become aware of any unauthorized use of your password or other authentication details, you will immediately notify us of such unauthorized use and shall cooperate with us in resolving such unauthorized use.
15. Your Submissions
By submitting any content via comments, emails, postings or similar to us and/or the Site, you grant us and other users of the site a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish and display all such content (in whole or in part) and to incorporate such content in other works in any form, media or technology, whether currently existing or hereafter developed and without necessarily making special reference to you or to the circumstances or other details of your provision of that content.
By submitting any content to us and/or the Site, you represent and warrant to us that you have the unfettered right to convey such a license to us, or that copyright does not apply to that content (e.g. to ideas).
You agree that you will not submit any content that:
- infringes upon the intellectual property rights of any other person or entity, unless you have the permission of such person or entity to submit the content and thereby grant the license provided herein,
- violates the privacy or publicity rights of any other person or entity, unless you have the permission of such person or entity to submit the content and thereby grant the license provided herein,
- is offensive, obscene, defamatory, threatening or abusive
- advertises any other site or business or
- contains computer programming routines or code designed to interfere in any way with the full, proper and timely operation of the Site or any computer system associated with it, including the computing system of visitors to the site and site members.
If you are uncertain about any postings or submissions, you should contact us to obtain explicit guidance and rulings.
16. Linked Web Sites
This Site may contain links to other websites (“linked websites”) that are not under our control. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites. We do not guarantee the accuracy of those linked websites and we make no representations whatsoever concerning the content of material of any of the linked sites or their privacy policies.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
If you would like to link to this Website, you may only do so on the basis that you do not replicate any page on this website and do not imply that we are associated with or endorsing any ideas, IP, services or products that you may be offering unless you have written agreement to do so.
Our Site welcomes comments on blogs, as well as debate and genuine constructive criticism within other Sites. However, links to our Site should not defame us or cast us in a false or misleading light.
18. Purchasing Other Services and Goods
As well as the core Software products of the Company, you may approach us for other services or goods that may be described or implied on this website. Please email us to make any inquiries or requests in regard to purchasing any services or goods from us.
19. No Formal Advice is Provided by the Site
You acknowledge and agree that we do not intend to offer commercial, investment, legal or taxation advice. We are not licensed in these regards and do not hold ourselves as competent to advise. All material is general and not necessarily applicable to any person, business, deal or situation. You accept that nothing contained in the Site is intended to be or constitutes the rendering of advice. If you have questions concerning your situation or business in relation to topics or information on the Site, you should consult with your own advisors.
20. Security of information
No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
21. Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
22. Interaction with the Site
We take all reasonable steps to ensure that this Website is available 24 hours
every day, every day of the year. However, there may be downtime due to
problems outside our control. We cannot therefore guarantee continuous
Your interactions with other Users are solely a matter between you and the other User. As with any web-based interaction, we suggest that you use caution and good judgment. We hold no responsibility for any interactions between you and other Users on this Site nor are we responsible for any direct or indirect outcome of those interactions.
23. General Provisions
All correspondence about our agreements and policies will be conducted in the English language.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
No provision of the T & C can be waived by either you or us unless such waiver is in writing and is signed by the party against whom such waiver is enforced. Our failure to insist upon or enforce strict performance of any provision of the T & C shall not be construed as a waiver of any provision or right.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
You may not assign any of your rights under the T & C.
If any of these terms and conditions is held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
24. Governing law
These terms and conditions are governed by and shall be construed in accordance with the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction and agree that any action concerning the T & C, the Site or your use of the Site and its Contents shall be brought and maintained only in the courts located in Sydney, New South Wales, Australia.
We welcome feedback on this document.
You may contact Intellect Automation International Pty Ltd in the following ways:
Post: Intellect Automation International Pty Ltd, GPO Box 538, Sydney,
NSW 2001, Australia
Originally Dated: 16 January 2017
Last Updated: 27 September 2022
Intellect Automation International Pty Ltd. All rights reserved. 2021