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TERMS OF SERVICE

Last Updated: 22 June 2020

Thank you for taking the time to review our Terms of Service. This is a binding legal agreement between you and CommandPost. We’ll start with the basics, including a few definitions that should help you understand this agreement.

These Terms of Service (“Terms”) govern how you use the websites, applications, and other offerings from CommandPost (collectively, the “Hosted Services”). Hosted Services includes the web application offered through the URL www.commandpost.com.au and other channels that we host, which are owned and managed by CommandPost Pty Ltd (ABN: 17 641 527 148) (we, our or us). You will be subject to these Terms even when you use our Hosted Services that are connected or used by third-party websites.

When referred, in these Terms, “CommandPost,” “we,” “us,” or “our” refers to CommandPost Pty Ltd with whom you are contracting. Please read the following Terms carefully before creating an account and/or discontinue use on Hosted Services should you not be able to agree or comply with the Terms as updated from time to time.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes how we collect and use of personal data, and our Licence Agreement Terms of Service, which details the terms for users who are paying for services and administer their company / agency account on Hosted Services.

1. Introduction
The Hosted Services are a collection of incident and crisis management tools and APIs that enables users (“Authorised Users”) to publish, record, track and collaborate over the web. You must register an account and accept our terms and policies in order to access and use many features of the Hosted Services.

The following defines the Terms under which you are allowed to use the Hosted Services and how we will treat your (Authorised User) information on our system. If you have any questions about our terms, please feel free to contact us using the information listed at the bottom of this document.

2. Eligibility
In order to use Hosted Services, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration form;
  3. agree to the Terms of Use; and
  4. provide true, complete, and up to date information.

By using Hosted Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use Hosted Services in a way that violates our Terms of Use or any laws and regulations. CommandPost may refuse service, close accounts of any Authorised User, and change Terms at any time.

3. Agreement
By accepting the Terms on the registration, you agree to and accept to the Terms of Use as outlined within this document and as update from time to time. If you do not agree to these Terms, you should not progress with registration and/or cease using Hosted Services if you have already created an account.

4. Term
The agreement between you and CommandPost reflected by these Terms is effective when you access the Hosted Services (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

5. Changes to the Terms
We may, at any time and at our discretion, vary Terms by publishing the varied terms on Hosted Services. We recommend you check regularly to ensure that you are aware of our current Terms. Materials and information on Hosted Services (Content) are subject to change without notice. We do not undertake to keep our site up-to-date, and we are not liable if any content is inaccurate or out-of-date.

6. Privacy Statement
The Commonwealth Privacy Act 1988 requires companies to comply with the National Privacy Principles (NPPs). Our Privacy Policy reflects the requirements of the Act. To view the latest Privacy Policy, please visit our website.

7. Your licence to use Hosted Services
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use Hosted Services in accordance with these Terms. All other uses are prohibited without our prior written consent.

8. Intellectual Property rights
Unless otherwise indicated, CommandPost owns or licence all rights, title and interest (including intellectual property rights) of Hosted Services, all of our Content and any copyright, registered or unregistered designs, patents or trade mark rights and domain names (Our Intellectual Property). Your use of Hosted Services and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to Our Intellectual Property. You must not:

  1. copy or use, in whole or in part, any of Our Intellectual Property;
  2. reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  3. breach any intellectual property rights connected with Our Intellectual Property, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

9. Information
Please note that information (Information) displayed on Hosted Services is factual information only, is not comprehensive and is for general information purposes only. This Information is not advice. You cannot rely on it as such. We take reasonable attempts to ensure the accuracy and completeness of Information. CommandPost makes no representation or warranty in relation to it and are not liable for any loss arising from reliance on this Information.

10. User Content

Parts of the Hosted Services enable you to upload or input text, photos, audio, video, information, and other content (collectively, “User Content”). If you make any User Content available on or through Hosted Services, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Hosted Services.

If Content includes personal information, our Privacy Policy describes how we use that personal information. You Agree that you are solely responsible for all Content that you provide and represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of Hosted Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
  3. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

You agree that CommandPost may use available services or automated tools to translate Content and that your Content may be translated using such services or tools. CommandPost does not guarantee the accuracy or quality of translations and Authorised Users are responsible for confirming the accuracy of such translations.

11. Third-Party Services.
Hosted Services may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. CommandPost is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

11.1 Google Terms.
Some translations on the Hosted Services are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of Hosted Services implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

12. Disclaimers

To the maximum extent permitted by law, we make no representations or warranties about Hosted Services or our Information, including (without limitation) that information is accurate, reliable, up-to-date and suitable for any particular purpose. You read, use and act on Hosted Services and our Information at your own risk.

12.1. User Content:
CommandPost is not responsible for any User Content posted on Hosted Services or in connection with services provided by CommandPost on, or in relation to the Hosted Services, whether caused by Authorised Users or by any of the equipment or programming associated with or utilised by Hosted Services.

12.2. Links:
Links or any other material or information created and posted by CommandPost or Users on Hosted Services may contain links to external websites. CommandPost is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by CommandPost. Inclusion of any linked website on the Hosted Services does not imply approval or endorsement of the linked website by CommandPost.

12.3. Third Party Sites:
When you access these third-party sites, you do so at your own risk. CommandPost takes no responsibility for third party advertisements which are posted on Hosted Services, nor does it take any responsibility for the goods or services provided by its advertisers. CommandPost reserve the right, in its sole discretion, to restrict certain domains or URLs at any time, for any or no reason, with or without prior notice, and without liability.

12.4. Conduct of Authorised Users:
CommandPost is not responsible for the conduct, whether online or offline, of any Authorised User of the Hosted Services. CommandPost assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Authorised User content.

12.5 Technical Issues
CommandPost is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Hosted Services or combination thereof, including any injury or damage to Authorised Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Hosted Services.

12.6 Use of Hosted Services
Use of Hosted Services, under no circumstances, shall CommandPost be responsible for any loss or damage, including personal injury or death, resulting from use of the use of Hosted Services, from any technical issue, User Content or from the conduct of any Authorised Users of the Hosted Services and/or Hosted Services, whether online or offline. The Hosted Services are provided “AS-IS” and as available and CommandPost expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CommandPost cannot guarantee and does not promise any specific results from use of the CommandPost and/or Hosted Services.

12.7 Territory
The Hosted Services is controlled and offered by CommandPost from its facilities in Australia and hosted from facilities in the New South Wales, Australia. CommandPost makes no representations that the Hosted Services is appropriate or available for use in other locations. Those who access or use Hosted Services from other jurisdictions do so at their own risk and are responsible for compliance with local law. Authorised Users outside Australia consent to having their personal data transferred to and processed in Australia.

13. Rules
When you use Hosted Services, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to Hosted Services, which we would consider inappropriate, or which might bring us or Hosted Services into disrepute. This includes:

  1. Providing information that would constitute as a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using Hosted Services to defame, harass, threaten, menace or offend any person;
  3. interfering with any Authorised User of Hosted Services;
  4. using bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with Hosted Services;
  5. hacking, avoiding, removing, impairing, or otherwise attempting to circumvent any security or technological measure used to protect Hosted Services, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere;
  6. deciphering, decompiling, disassembling, or reverse engineering any of the code, technology or hardware used by or of Hosted Services;
  7. taking any action that could damage or adversely affect the performance or proper functioning of Hosted Services; or
  8. facilitating or assisting a third party to do any of the above acts

14. Competitors are excluded from using Hosted Services
Competitors are prohibited from using Hosted Services, including accessing User Content, in any way that competes with our business.

15. Force Majeure
CommandPost shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

16. Limitations on Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Intellectual Property and/or any inaccessibility of, interruption to or outage of Hosted Services and/or any loss or corruption of data and/or the fact that our Hosted Services is incorrect, incomplete or out-of-date

17. Indemnity
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of Hosted Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

18. Denial of use:
CommandPost reserve the right, in its sole discretion, to reject, refuse to post or remove any content generated by Authorised Users, or to restrict, suspend, or terminate Authorised User access to all or any part of the Hosted Services and/or Hosted Services at any time, for any or no reason, with or without prior notice, and without liability.

In particular, CommandPost reserve the right to decide whether any use of the Hosted Services or User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, market displacing mentions, pornography, obscene or defamatory material, or excessive length, or inappropriate content.

19. Dispute
If you would like to give us feedback, please contact us. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

20. Termination
CommandPost may terminate this agreement and your account immediately and without notice and stop providing access to Hosted Services if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect Hosted Services, its Authorised Users, or third parties. CommandPost may also terminate this if your account has been inactive for more than two years, we may terminate your account without prior notice.

21. Interpretation
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

22. Governing Law
Your use of Hosted Services and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Hosted Services may be accessed throughout Australia and overseas.  We make no representation that Hosted Services complies with the laws (including intellectual property laws) of any country outside Australia.  If you access Hosted Services from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access Hosted Services.

23. Contact Us
If you would like any further information, or have any queries, problems or complaints in relation to our Terms or require additional information, please contact us at support@commandpost.com.au or on (02) 8806 0406.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about CommandPost’s Terms.

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