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Natforge Terms Of Service (TOS)

Acceptance of “Terms Of Service” and Ammendments

These Terms of Service explain our commitment as a service provider and your obligations as a customer. They apply from when Natforge first provides You with access to the Service.

Natforge continues to evolve based on user feedback. Hence we reserve the right to change these Terms at any time. Changes will take effect upon posting to this page. All effort will be made to communicate changes to you via email or other means. It is Your responsibility to keep up to date with the latest terms. If you do not agree to them you can discontinue your subscription at any time.

By registering with Natforge you acknowledge that you,

  1. Have read, understood and agree to these Terms,
  2. Have authority to act on behalf of any person for whom you use the Service,
  3. Agree to these Terms on behalf of any entity for whom you use the Service.

These Terms were last updated on 7th of January 2017.

1. Definitions

"Agreement"
means these Terms of Service also referred to as the Terms.
"Access Fee"
means the annual fee (excluding GST) payable by You to access the Service.
"Confidential Information"
is all information exchanged between the parties to this Agreement, whether in writing, orally or electronically, including the Service. It does not include information which is or becomes publicly available via authorised disclosure by the other party.
"Data"
means any information submitted by You or with Your authority to the Website.
"Intellectual Property Right"
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Service"
means the online data collection and reporting services made available (which may be changed or updated from time to time by Natforge) via the Website.
"Website"
means the Internet site at the domain Natforge.NET or any other site operated by Natforge.
"Natforge"
means the application created by Hyperlink Studio, owned by Macro Constructions PTY LTD, ABN 48117736348 and operated in Perth, Western Australia.
"Invited User"
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
"Subscriber"
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
"You" and "Your"
mean the Subscriber, and where context permits, an Invited User.
"RTO" and "Registered Training Organisation"
mean an organisation registered for Nationally Recognised Training which may or may not be listed on the National Register of VET (Vocational Educational Training) at http://training.gov.au.

2. Use of Software

Natforge grants You the right to access and use the Service via the Website with the user role available according to Your subscription. This right is non-exclusive and non-transferable. It is limited by and subject to this Agreement. You acknowledge and agree that:

  1. The Subscriber determines who is an Invited User and what access role that Invited User has.
  2. The Subscriber is responsible for all Invited Users' use of the Service.
  3. The Subscriber controls each Invited User's level of access to the organisation's Data or Service at all times.
  4. The Subscriber can change or revoke an Invited User's access at any time and for any reason. If so that entity or person will cease to be an Invited User or shall have a different level of access.
  5. If a dispute arises between a Subscriber and Invited User, the Subscriber decides what access to the organisation's Data or Service that Invited User shall have, if any.

3. Your Obligations

(i) Payment obligations

All Natforge invoices will be sent to You or Your nominated Billing Contact by email.

Payments are in advance for access in the following year. An invoice for the annual Access Fee plus GST will be issued at the start of December each year.

New accounts will be invoiced for a full year's data access irrespective of in which month the subscription commences. New accounts will not be granted access until payment has cleared.

Existing accounts in arrears after 30 days will have have access revoked until such time payment is received. All accounts continuing in arrears after 60 days may be terminated at the discretion of Natforge with all Data relevant to the organisation removed.

(ii) General Conditions

You must only use the Service and Website for Your own lawful business purposes. Any use must be in accordance with these Terms and notices sent by Natforge or condition posted on the Website. You may use the Service and Website on behalf of others. But in doing so You must ensure that You are authorised to. Also, if you act on behalf of or provide services to others they too must accept all Terms that apply to You.

(iii) Access Conditions

You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Natforge of any unauthorised use of Your passwords or any other breach of security. You must take all other steps that Natforge deems reasonably fit to maintain the security of Natforge's systems and Your access to the Services.

When using the Services, You must also:

  1. Not attempt to undermine the security or integrity of Natforge's computing systems or networks.
  2. Not use, or misuse, the Services in any way which may impair the functionality of the Services, Website or related systems, or impair the ability of any other user to use the Services or Website.
  3. Not attempt to gain unauthorised access to any materials other than those to which You have been given permission or to the network on which the Services are provided.
  4. Not transmit, or input into the Website any files that may damage another's computing devices or software, content that may be offensive, or material or Data in violation of any law including material protected by copyright or trade secrets which You do not have the right to use).
  5. Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any systems, computer programs or code used to deliver the Services.
  6. Not attempt to operate the Website except as is strictly necessary for its intended purpose and normal operation.

(iv) Communication Conditions

If You use any communication tools available through the Website, You agree to only use such tools for lawful and legitimate purposes. Communication tools cannot be used to post or distribute material unrelated to the use of the Services. This includes but is not limited to:

  • unsolicited commercial e-mail,
  • offers of goods or services for sale,
  • content that may be offensive to other users of the Services or Website,
  • files that may damage another person's computing devices or software, or,
  • material that violates any law (including material protected by copyright or trade secrets which You do not have the right to use).

When You make any communication on the Website, You warrant that You are permitted to do so. Natforge is not obliged to ensure that communications made by You are legitimate or that they relate only to use of the Services. As with other web-based forums, You must take due care when using these communication tools. Natforge reserves the right to remove any communication at any time at its sole discretion.

(v) Indemnity

You indemnify Natforge against all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Natforge, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.

4. Confidentiality

Unless a party to these Terms has prior written consent of the other or unless required to do so by law,

  1. Neither party will disclose or make Confidential Information available to another person or entity.
  2. Neither party will use Confidential Information for its own benefit other than as intended by these Terms.
  3. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms.
  4. Each party's obligations under this clause will survive termination of these Terms.
  5. Clauses 4.1, 4.2 and 4.3 do not apply to any information which:
    1. is or becomes public knowledge other than by a breach of this clause,
    2. is lawfully acquired from a third party with no obligation to restrict its disclosure,
    3. is already in the possession of the receiving party without restriction of disclosure before the date of receipt from the disclosing party, or,
    4. is independently developed without access to the Confidential Information.

5. Privacy

Natforge maintains a Privacy Policy that sets out the parties' obligations in respect to personal information. You will be deemed to have accepted that policy when You accept these Terms.

6. Intellectual Property

(i) General

Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Natforge (or its licensors).

(ii) Ownership of Data

Title to, and all Intellectual Property Rights in the Data remain Your property. However, Your access to the Data is contingent on full payment of the Natforge Access Fee when due. You grant Natforge a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.

(iii) Backup of Data

You must maintain copies of all Data inputted into the Service. Natforge will adhere to best practices to prevent data loss, including a daily back-up regime. However, it does not guarantee that there will be no loss of Data. Natforge is not liable for loss of Data regardless of how caused.

7. Warranties

(i) Authority

You warrant that where You have registered to use the Service on behalf of another, You have the authority to agree to these Terms on behalf of that person. You also agree that by registering You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

(ii) No warranties

Natforge gives no warranty about the Services. Natforge does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

8. Acknowledgements

You acknowledge that:

  1. You are authorised to use the Services and the Website and to access the information and Data that You input into the Website. This includes any information or Data input into the Website by any person you have authorised to use the Service.
  2. You are authorised to access the processed information and Data made available to You through using the Website and the Services. This includes Data input by you or someone else.
  3. Natforge has no responsibility to any person other than You and nothing in this Agreement confers or implies a benefit on any person other than You. If You use the Services or access the Website on behalf of another person or entity you agree that:
    1. You are responsible for ensuring that You have the right to do so.
    2. You are responsible for authorising any person who is given access to information or Data.
    3. You agree that Natforge has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address.
    4. You will indemnify Natforge against any claims or loss relating to:
      1. Natforge's refusal to provide any person access to Your information or Data in accordance with these Terms.
      2. Natforge's making available information or Data to any person with Your authorisation.
  4. The provision of and Your use of the Services is on an “as is” basis and at Your own risk.
  5. Natforge does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Natforge is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  6. Natforge is a legal advisory service. Use of the Services does not constitute the receipt of compliance advice. If You have questions about your obligations as a Registered Training Organisation, please contact NCVER, Your statutory compliance officer or RTO auditor.
  7. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
  8. You remain solely responsible for complying with all applicable tax, RTO compliance and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you, This includes any laws requiring you to retain records.

9. Limitation of Liability

  1. To the maximum extent permitted by law, Natforge excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
  2. If You suffer loss or damage as a result of Natforge's negligence or failure to comply with these Terms, any claim by You against Natforge arising from Natforge's negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
  3. If You are not satisfied with the Service, Your sole remedy is to terminate these Terms in accordance with Clause 10.

10. Account Termination

(i) Trial policy

When You first sign up for a user account you may be granted access to evaluate the Services under trial usage conditions. You have no obligation to continue to use the Services once the trial period expires. If You continue using the Services thereafter, You will be billed from the next full month from when You first added Your billing details into the Website. Conditions of the Trial Period will be communicated to you via email or on the Website.

(ii) No-fault termination

These Terms will continue for the period covered by the Access Fee payable under clause 3.1.

At the end of each billing period these Terms will automatically continue for another year provided You continue to pay the prescribed Access Fee when due. This applies unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.

If You terminate these Terms You shall be liable for all Access Fees on a pro-rata basis for each month of the current period up to and including the month in which these Terms are terminated.

(iii) Refunds

Subject to clause 9, Natforge is not automatically obligated to refund any unused portion of the annual Access Fee. However, a refund may be requested in writing and will be limited to the nearest full month remaining in the current period less one month for an administration fee. Accounts in breach of these Terms under clause 10(iv) are not eligible for any refund.

(iv) Breach

If You:

  1. breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied,
  2. breach any of these Terms and the breach is not capable of being remedied including payment of Access Fees that are more than 30 days overdue),
  3. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or,
  4. make any arrangement with Your creditors, or become subject to any similar insolvency event in any capacity,

Natforge may take any or all of the following actions, at its sole discretion:

  1. Terminate this Agreement and Your use of the Services and the Website.
  2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website.
  3. Suspend or terminate access to all or any Data.
  4. Delete the account and all its Data including Invited Users.
  5. Take either of the same actions in respect of other persons whom You have authorised to have access to Your information or Data.

(v) Expiry of terms

Clauses 3, 4, 5, 6, 7, 8, 10 survive the expiry or termination of these Terms.

11. Support

(i) Technical Problems

In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Natforge. If You still need technical help, please check the support provided online by Natforge on the Website or failing that email us.

(ii) Service availability

While it is intended that the Services be available 24 hours a day, seven days a week, the possibility exists that on occasions the Services or Website may be unavailable to permit maintenance or other development to take place.

If for any reason the Services have to be interrupted for extended periods, Natforge will take reasonable steps to publish in advance details of such activity on the Website and via email.

12. Miscellaneous

(i) No Assignment

You may not assign or transfer any rights to any other person without Natforge's prior written consent.

(ii) Severability

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

(iii) Notices

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Natforge must be sent to an email address notified by email to You by Natforge. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

(iv) Rights of Third Parties

A person who is not a party to these Terms has no right to benefit from or to enforce any term of these Terms.

(v) Governing Law

Australian law governs this Agreement and all Parties submit to the exclusive jurisdiction of the courts of Australia for all disputes arising out of or in connection with this Agreement.

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