Terms & Conditions – Proactive Technology Group Pty Ltd
Your use of the Proactive Technology Group websites and software application/s are governed by the following terms and conditions
Please read this information carefully. The use of the Proactive Technology Group websites and software application/s, by you, indicates an
acceptance of and agreement to be bound by the terms and conditions set out below (referred to as “this Agreement”). Your continued use of
the Proactive Technology Group websites and software application/s constitutes an affirmative, acknowledgment and agreement by you and
that you accept and agree and are bound by these terms and conditions and any modifications. Proactive Technology Group Pty Ltd (referred to
as “Proactive Technology Group”) suggests that if you have any queries in relation to these terms and conditions that you seek your own
independent legal advice. This Agreement supersedes any prior or subsequent terms or conditions included with any communications
agreement, purchase order or invoice whether or not such terms or conditions are signed by Proactive Tours Pty Ltd or Proactive Technology
Group Pty Ltd.
If you do not agree with the terms and conditions or any subsequent modifications please do not use the websites or the software application/s
and do not upload any information or data into the software application/s.
Registration Information
When registering as a user of the Proactive Technology Group website and software application/s you must provide Proactive Technology Group with accurate, complete and up-to-date information as requested. It is your responsibility to update your information of any changes to that information. You may do this at any time by email info@practek.com
All personal information you provide Proactive Technology Group will be treated in accordance with the Proactive Technology Group Privacy Policy.
Username and Password
Once you register as a user of the Proactive Technology Group website and software application/s, you will receive a username and password. You must ensure that these remain confidential at all times since you are entirely responsible for all activities which occur under your username and password including unauthorised use of your or any other credit card. You must notify Proactive Technology Group immediately if you become aware of any unauthorised use of your username and password.
Each username and password must be used by a single user and is not transferable.
Software
The software used in connection with the website and software application/s is protected by copyright and/or other intellectual property rights
(which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication
regulations and statutes).
Proactive Technology Group Pty Ltd owns the master software license and we grant you a personal, non-transferable and non-exclusive license
to use the software on a single computer solely for the purpose of using the Proactive Technology Group services, subject to these Terms of
Use. We may terminate the license at any time without cause or notice to you.
You must not access the software application/s by any means other than through the interface that is provided by us for use in accessing the
website at http://www.practek.com – http://www.proactivevue.com – http://www.proactiveebook.com – http://www.proactivetours.com – http://www.myeprofile.biz or any other website notified to you by us.
Trade Marks
Our name and other trade marks, including the distinctive logos that appear on this website, are our trade marks or the trade marks of other
third parties (Trade Marks).
Nothing contained on the website is to be construed as granting, by implication, estoppels, or otherwise, any license or right to display, use or
link to the Trade Marks, whether registered or unregistered, without our prior written permission or the prior written permission of the relevant
third party owner. Your use of the Trade Marks, except as permitted in these Terms of Use, is strictly prohibited.
Third party links and advertising
Our websites and software application/s often include advertisements, hyperlinks and pointers to websites operated by third parties. Those third
party websites do not form part of the Proactive Technology Group websites and are not under the control of or the responsibility of Proactive
Technology Group. When you link to those websites you leave our web site and do so entirely at your own risk. A display of advertising does not
imply an endorsement or recommendation by Proactive Technology Group.
GST
Unless stated to be otherwise, charges referred to for purchasing the access license and ongoing purchases of products provided by Proactive
Technology Group are GST inclusive. Where GST applies, upon your online payment by credit card, Proactive Technology Group issues you
with a Tax Invoice for you to print immediately upon confirmation of the payment.
Product Pricing and Fees
The Price for products shall be paid in accordance with the Price List quoted by Proactive Technology Group Pty Ltd. Proactive Technology
Group Pty Ltd reserves the right to change the price of products, fees and any such modifications will become effective upon the date they are
first posted to the website. All prices are referred to in Australian Dollars.
Payment Terms
All payments by you to Proactive Technology Group for products and fees are to be made by Visa Card or Master Card using the method
prescribed by Proactive Technology Group.
Accuracy of information and disclaimer of warranties
The content and information you upload onto the Proactive Technology Group software application/s must not contain intentional errors,
omissions, inaccuracies or outdated information. Neither Proactive Technology Group, its business partners, other related companies nor its or
their directors or employees make any representation or warranty that any material you upload onto the Proactive Technology Group software
application/s will be reliable, accurate or complete and that your access to the Proactive Technology Group websites and software application/s
will be uninterrupted. Nor do they accept any responsibility arising in any way for errors in or omissions from that material. Proactive Technology
Group will not be liable for loss resulting from any action or decision by you in reliance on the information in the Proactive Technology Group
website and software application/s, nor any interruption, delay in operation or transmission, communications failure, internet access difficulties
virus or malfunction in equipment or software.
Your Contributions
Proactive Technology Group may permit you to make Contributions to its websites and software application/s.
You retain sole responsibility and accept all liability for all Contributions you make to any Proactive Technology Group websites or software
application/s. Proactive Technology Group disclaims any and all liability in connection with Contributions. Proactive Technology Group assumes
no responsibility for monitoring any Contributions. Proactive Technology Group does not in any way endorse the information in Contributions
including any opinion, recommendation or advice expressed. Proactive Technology Group is under no obligation to treat your Contributions as
confidential information.
Proactive Technology Group may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its
sole discretion without prior notice to you. Without limiting the previous sentence, Proactive Technology Group may remove or disable access to
any or all your Contributions if it considers that:
a. those Contributions are in breach of any law or regulation;
b. those Contributions infringe the intellectual property rights of any third party;
c. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
d. those Contributions are:
o misleading or deceptive;
o inappropriate having regard to the purpose of the Website of software application;
o likely to cause offence;
o materially incorrect;
o obscene;
o defamatory;
o otherwise unlawful; or
o corrupt, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. Proactive Technology Group is under no obligation to treat your Contributions as
proprietary information.
To the extent that any Contributions are proprietary in nature, you grant Proactive Technology Group, in respect of Contributions to its websites
and software application/s a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify,
adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any
medium, whether currently in existence or not. You also grant each user of the website a nonexclusive license to use, reproduce, adapt,
translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by Proactive Technology Group and this
Agreement.
You grant Proactive Technology Group, in respect of Contributions to its websites and software application/s the right to use your registered
name or the name you submit with the Contribution, and, the right to represent and warrant that:
a. you own and control all of the rights to the Contributions; or
b. you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorise Proactive
Technology Group to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
a. you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work,
upgrade or update of the Contribution;
b. you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by Proactive Technology
Group in respect of all Contributions;
c. you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
d. you release Proactive Technology Group in respect of all Contributions from any claims that you could assert against Proactive
Technology Group by virtue of any such moral rights.
Indemnity
You agree to indemnify and hold Proactive Technology Group, Proactive Technology Group’s subsidiaries and affiliates (and the officers,
agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees
arising out of, or in connection with your use and access to the website, software application/s or Contributions not in accordance with these
terms.
Proper Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with laws in force in South Australia and all disputes arising in connection
with this Agreement shall be submitted to the jurisdiction of the relevant court of South Australia.
Limitation of Liability
Proactive Technology Group and related companies do not exclude any rights and remedies available to you under the Trade Practices Act or
any similar State of Territory legislation which can not be excluded, restricted or modified. Otherwise Proactive Technology Group and its related
companies exclude all conditions and warranties, which may be implied by law.
To the full extent permitted by law, Proactive Technology Group liability for breach of any implied warranty of condition which cannot be
excluded is restricted, at Proactive Technology Group option to:
In the case of services supplied or offered by Proactive Technology Group;
~ the re-supply of those services; or
~ the payment of the cost of having those services re-supplied
You expressly agree and understand that under no circumstances will Proactive Technology Group or related companies be liable to you for any
indirect, incidental, special, consequential or punitive damages (including without limitation loss of profits, loss or corruption of data, loss of
goodwill, work stoppage, computer failure of malfunction or interruption of business) regardless of whether Proactive Technology Group of
related companies have been advised of the possibility of such damages.
If the foregoing are held unenforceable, the maximum liability of Proactive Technology Group and related companies to you shall not exceed the
amount of the price paid by you for the Proactive Technology Group service. Some jurisdictions do not allow the limitation or exclusion of liability
for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to this
Agreement.
Subject to any form of liability otherwise implied by law, our total cumulative liability to you shall not exceed AUD$100.00
Termination and Alterations by Proactive Technology Group
Proactive Technology Group, at its discretion, can terminate your license of and access to, the Proactive Technology Group website and
software application/s at any time. If this happens in such event:
~ you are no longer authorised to access the Proactive Technology Group website and software application/s
~ you will continue to be subject to and bound by all restrictions imposed on you by these terms and conditions
~ all disclaimers by Proactive Technology Group limitations of Proactive Technology Group liability set out in these terms and conditions or
elsewhere on the Proactive Technology Group website will survive.
Updating the Proactive Technology Group software application/s
Proactive Technology Group may change or discontinue any feature of the Proactive Technology Group software application/s including product
prices, content and hours of availability.
Proactive Technology Group reserves the right to make changes to product prices, the software application/s, the website and to these terms
and conditions at any time. Any such modifications will become effective upon the date they are first posted to the website. You are responsible
for ensuring that you regularly review these documents. Your continued use of the Proactive Technology Group website and software
application/s after such changes or modifications will be deemed to constitute your acceptance of those changes.
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