REBOTIFY
REBOTIFY
Pty Ltd ABN 63 618 361 792
TERMS
OF SERVICE
The Company provides the Rebotify digital platform for
creating and managing artificially intelligent chatbots. Use of Rebotify is
subject to these Terms of Service.
The following terms are used regularly throughout these
Terms of Service and have a particular meaning:
(a)
ABN means Australian Business Number.
(b)
Account means a registered account with
Rebotify.
(c)
Agreement means the agreement formed between the
Users and the Company under, and on the terms of, these Terms of Service.
(d)
AI means artificial intelligence.
(e)
Authorised User means any registered user of Rebotify
authorised to access the Customer’s Account.
(f)
Business Day means a day (other than a Saturday,
Sunday or public holiday) on which banks are open for general banking business
in Melbourne, Australia.
(g)
Chatbot means an AI chatbot created or managed
via Rebotify.
(h)
Commercial Terms means any additional terms agreed
between the Company and the Customer with respect to the Customer’s licence for
the use of Rebotify, including with regard to Fees payable, and includes any
proposal or quotation accepted by the Customer.
(i)
Company means Rebotify Pty Ltd ABN 63 618 361
792.
(j)
Confidential Information means any written or verbal information
that:
i
Is about each party’s
business or affairs;
ii
Is about the conduct of
each party under these Terms of Service, during the term of these Terms of
Service;
iii
A party informs the other
party that it considers it confidential and/or proprietary;
iv
A party would reasonably
consider to be confidential in the circumstances; and
v
Is personal information
within the meaning of the Privacy Act and GDPR.
but does not include information that a
party can establish:
vi
Was in the public domain at
the time it was given to that party;
vii
Became part of the public
domain, without that party’s involvement in any way, after being given to the
party;
viii
Was in party's possession
when it was given to the party, without having been acquired (directly or indirectly)
from the disclosing party; or
ix
Was received from another
person who had the unrestricted legal right to disclose that information free
from any confidentiality obligation.
(k)
Conversation means the text and other User Content a
Chatbot is programmed to provide to a Participant as part of any interaction
via a Chatbot.
(l)
Customer means the entity that Rebotify is
licensed to under these Terms of Service (which if in doubt shall be the named
Account holder).
(m)
Fee means any Fee payable by the Customer
for using Rebotify.
(n)
Free Account means an Account without Fees subject to
any limitations imposed by the Company from time-to-time.
(o)
Flowchart means the visual connection of Units
comprising the Chatbot.
(p)
GDPR means the EU General Data Protection
Regulation 2016/679.
(q)
GST has the meaning given by the A New
Tax System (Goods and Services Tax) Act 1999 (Cth).
(r)
Implementation Fee means the Fee charged by the Company
for the Implementation Services as agreed in the Commercial Terms.
(s)
Implementation Services means any services provided by the
Company to the Customer to assist with the use of Rebotify as agreed in the
Commercial Terms.
(t)
Intellectual Property means all copyright, patents,
inventions, trade secrets, know-how, product formulations, designs, circuit
layouts, databases, registered or unregistered trademarks, brand names,
business names, domain names and other forms of intellectual property.
(u)
Participant means any individual that interacts with
a Chatbot.
(v)
Participant Content means any text, designs, graphics,
wireframes, images, videos, audio, information, documents or other data that is
uploaded into a Chatbot by a Participant.
(w)
Privacy Act means the Privacy Act 1989 (Cth).
(x)
Privacy Policy means the Company’s privacy policy as
updated from time-to-time, which can be found at
https://www.rebotify.com/privacy.
(y)
Rebotify means the Rebotify digital platform for
creating and managing Chatbots accessible at the Site.
(z)
Site means the Company’s website accessible
at https://www.rebotify.com.
(aa)
TPS means an online third-party service
provider with whom a User holds an account, and may include (without
limitation) Facebook, Slack, LivePerson and WeChat.
(bb)
Unit means an individual unit with customised
rules set up to serve a specific function for a Chatbot.
(cc)
User means any Customer or Authorised User.
(dd)
User Content means any designs, graphics, wireframes,
images, videos, audio, information, documents or other data that is uploaded
into, or created using, Rebotify by the User, or that otherwise forms part of
the User’s Intellectual Property but excludes any background Intellectual
Property that is owned by, or licensed to, the Company, and any derivative data
(such as analytics).
1
AGREEMENT
1.1
The licence granted
under these Terms of Service shall be ongoing until terminated in accordance
with the terms of these Terms of Service and/or Commercial Terms.
1.2
The User agrees:
(a)
To use Rebotify in
accordance with the terms of these Terms of Service and the Commercial Terms; and
(b)
If creating an Account,
that it is authorised to establish, maintain and pay for the Account for the Customer.
1.3
The Customer agrees:
(a)
Unless the holder of a Free
Account, to pay any Fees in accordance with the pricing agreed in the
Commercial Terms as and when they fall due; and
(b)
That it is responsible for
the conduct of each Authorised User it authorises, who each must agree to and
comply with these Terms of Service.
1.4
Where there is a
conflict between these terms, and any Commercial Terms, the Commercial Terms
shall prevail.
2
USING REBOTIFY
2.1
General
(a)
To access and use Rebotify:
i
The Customer’s Account must
be set up and registered; and
ii
Each User must register
with Rebotify, either as a Customer or as a User, as the case may be.
(b)
To use Rebotify, the User agrees to the terms of:
i
These Terms of Service; and
ii
The Privacy Policy.
(c)
The User must immediately
cease to use Rebotify if the User can no longer agree or adhere to clause (b).
(d)
The User agrees to use
Rebotify in accordance with any instructions provided by the Company, within
Rebotify and/or on the Site.
(e)
Rebotify may permit or deny
the User an Account with Rebotify in its absolute discretion (although the User
may generally obtain an account by registering via Rebotify and accepting these
Terms of Service).
2.2
Features
(a)
Subject to any limitations
that apply to Free Accounts, Rebotify shall enable the User to (without
limitation):
i
Create, customise and
update Units;
ii
Manage, integrate and
deploy Chatbots;
iii
Test Chatbots;
iv
Manage Flowcharts and
connect Units;
v
View and access
Conversations;
vi
Generate analytics data
from Conversations;
vii
Integrate Third Party
Services; and
viii
Access and use any other
features made available by the Company from time-to-time.
(b)
Chatbots may improve their
own performance based on the volume and type of interactions it has with
Participants. The Company cannot guarantee the efficacy of this feature as
operation will depend on a number of factors including (without limitation):
i
The way the User configures
the Chatbot and customises Units;
ii
Participant responses; and
iii
Number of Participants that
interact with the Chatbot.
3
Chatbots and CONVERSATIONS
3.1
The Customer is solely
responsible for each Conversation or Chatbot that it creates, manages or
deploys via Rebotify.
3.2
Once deployed the
Chatbot will provide User Content and respond to Participants in accordance
with a User’s Conversation.
3.3
The Company shall have
no responsibility in relation to the Participant Content that the Customer (or
any User authorised by the Customer) collects using a Chatbot.
3.4
It is the Customer’s
responsibility that all Participant Data is transmitted and stored in a
suitable manner for the both the Customer and Participant’s purposes.
3.5
The Customer is
responsible for ensuring that its collection and use of Participant Content:
(a)
Is not conducted in a
dishonest or misleading manner, including informing the Participant that it is
interacting with a Chatbot (if necessary in the circumstances);
(b)
Complies with (where
applicable):
i
The Privacy Act and GDPR;
ii
Any agreement between the
Customer and the Participant;
iii
The TPS’ terms and
conditions;
iv
Any anti-spam legislation;
and
v
All laws and regulations
that may apply.
3.6
The User agrees that
the it will not make any User Content available via Rebotify that:
(a)
Is defamatory, fraudulent,
unlawful, threatening, intimidating, harassing, harmful, hateful, abusive,
tortious, vulgar, obscene, invasive of another's privacy, sexist, racist,
homophobic, violent, degrading;
(b)
Infringes the intellectual
or other proprietary interests of third parties;
(c)
Impersonates another person
or entity, attempts to solicit personal information from another user (except
in accordance with the Privacy Act), contains sexually explicit language or
images, advertises or promotes the sale of products or services such as
firearms, tobacco or alcohol, adult products and services and any other
products or services the Company considers to be inappropriate;
(d)
Contains spam, chain
letters, pyramid and other such selling and marketing schemes, computer
viruses, computer code, files or programs or other harmful components that are
designed to interrupt, destroy, change or limit the functionality of Rebotify
or any other computer software, hardware or other electronic equipment,
information which in any way impinges on another user's use or enjoyment of
Rebotify or otherwise breaches or encourages other users to breach these Terms
of Service;
(e)
Violates any law, statute
or regulation;
(f)
Forges information to
disguise the origin of any User Content; or
(g)
Encourages or incites any
other person to engage in any of the above behaviour.
3.7
The Company cannot
guarantee the functionality of and shall not be liable for any Chatbot
developed by the Customer or a third party, whether the Chatbot was developed
using Rebotify or not.
4
User Content
4.1
The User acknowledges
and agrees that:
(a)
Rebotify may enable the
User to create User Content, but that by doing so the User shall not acquire an
interest to any Intellectual Property owned by the Company which may exist in
Rebotify.
(b)
User Content is the sole
responsibility of the individual that provided the User Content to Rebotify.
(c)
The User indemnifies the
Company for any User Content that is illegal, offensive, indecent or
objectionable that the User makes available using Rebotify.
(d)
The Company may suspend
accessibility to User Content that the Company determines is illegal,
offensive, indecent or objectionable in its sole discretion.
(e)
To the extent permitted by
law, under no circumstances will the Company be liable in any way for User
Content.
(f)
The User warrants that it
has all necessary Intellectual Property Rights to use User Content, and shall
indemnify the Company for any infringement the User commits of third-party
Intellectual Property Rights by using User Content on Rebotify.
(g)
In order to provide the
services afforded by Rebotify, where the User Content includes the User’s
brand, logo or other intellectual property, it grants the Company a worldwide,
revocable license to use the User Content, for the term of these Terms of
Service.
(h)
The Company may delete User
Content on termination of these Terms of Service.
5
PAYING FOR REBOTIFY
5.1
Fees
(a)
With the exception of Free
Accounts, Rebotify is a paid service and fees apply to the Customer to access
and use Rebotify. Fees are as agreed between the Company and the Customer in
the Commercial Terms.
(b)
The Company may also charge
an Implementation Fee for any Implementation Services as agreed between the
parties in the Commercial Terms.
5.2
Refund
No refunds of Fees are offered other than as required by law.
5.3
Late Payment
(a)
If the Customer does not pay Fees as required, the
Company may suspend all User access to Rebotify for that Account.
(b)
If Fees are not brought out of arrears within 21 days of
becoming overdue, the Company may terminate the Customer’s Account in Rebotify without notice and end these Terms of
Service.
(c)
The User agrees that the
Company shall not be responsible or liable in any way for:
i
Interruptions to the
availability of Rebotify or User Content in the event of (a); or
ii
Loss of User Content in the
event of (b).
6
Third Party Login and
Integration
6.1
Registration &
Login.
(a)
A User may register as a
User, access Rebotify and use integrated features by connecting their account
with certain TPS’.
(b)
As part of the
functionality of Rebotify the User may connect their Rebotify account with a
TPS for the purposes of deploying Chatbots by:
i
Linking their TPS account
with Rebotify directly via their Account;
ii
Providing their TPS login
information to the Company through Rebotify; or
iii
Allowing the Company to
access their TPS in accordance with its terms and conditions of service.
(c)
When connecting Rebotify to
a TPS, and while using that TPS to deploy a Chatbot, the User warrants that
they are not in breach any of the TPS’ terms and conditions of service.
6.2
Ongoing
Availability.
(a)
The User agrees that User
access to Rebotify may be unavailable if the TPS becomes unavailable, and that
the User may lose functionality or content that is shared between the TPS and
Rebotify.
(b)
The User may disconnect the
connection between Rebotify and the TPS at any time.
(c)
The Company has no
relationship with any TPS and cannot guarantee the efficacy of any TPS
connection.
7
General conditions
7.1
Licence
(a)
By accepting the terms and
conditions of these Terms of Service, the Customer is granted a limited,
non-exclusive and revocable licence to access and use Rebotify for the duration
of these Terms of Service and in accordance with the terms and conditions of
these Terms of Service.
(b)
The Company may issue the
licence to the Customer on the further terms or limitations (including the
number of Users) as agreed in the Commercial Terms.
(c)
The Company may revoke or
suspend the Customer’s licence(s) for breach of the terms in these Terms of
Service.
7.2
Modification of
Terms
(a)
The terms of these Terms of
Service may be updated by the Company from time-to-time.
(b)
Where the Company modifies
the terms of these Terms of Service, it will provide the User with written
notice, and the User will be required to accept the modified terms in order to
continue using Rebotify.
(c)
If a User does not accept
any changes to the terms of these Terms of Service, the User may terminate
these Terms of Service and must immediately cease using Rebotify.
7.3
Software-as-a-Service
(a)
The User agrees and accepts
that Rebotify is:
i
Hosted by the Company and
shall only be accessed and maintained by the Company, accessed using the
internet or other connection to the Company servers and is not available
‘locally’ from the User’s systems; and
ii
Managed and supported
exclusively by the Company from the Company servers and that no ‘back-end’
access to Rebotify is available to the User unless expressly agreed in writing.
(b)
As a hosted and managed service, the Company reserves the
right to upgrade, maintain, tune, backup, amend, add or remove features,
redesign, improve or otherwise alter Rebotify.
(c)
The Company shall not
exercise its rights under clause (b) in a manner that would fundamentally
decrease the utility of Rebotify to the User, other than in accordance with the
terms of these Terms of Service.
7.4
Support
(a)
The Company shall provide
the support services in the manner published on the Site and/or notified in
writing to the User from time-to-time.
(b)
The Company reserves the
right to require the payment of reasonable fees for non-standard support
requests prior to the provision of such support.
7.5
Use &
Availability
(a)
The User agrees that it
shall only use Rebotify for legal purposes and shall not use it to engage any
conduct that is unlawful, immoral, threatening, abusive or in a way that is
deemed unreasonable by the Company in its discretion.
(b)
The User is solely
responsible for the security of its username and password for access to
Rebotify. The User shall notify the Company as soon as it becomes aware of any
unauthorised access of its Rebotify account.
(c)
The User agrees that the
Company shall provide access to Rebotify to the best of its abilities, however:
i
Access to Rebotify may be
prevented by issues outside of its control; and
ii
It accepts no
responsibility for ongoing access to Rebotify.
7.6
Privacy
(a)
The Company maintains the
Privacy Policy in compliance with the provisions of the Privacy Act and the
GDPR for data that it collects about the User and other individuals.
(b)
The Privacy Policy does not
apply to how a User handles personal information. If necessary under the
Privacy Act and/or the GDPR, it is the Customer’s responsibility to meet the
obligations of the Privacy Act and/or GDPR by implementing a privacy policy in
accordance with law.
(c)
Rebotify may use cookies (a
small electronic file) to improve a User’s experience while browsing, while
also sending browsing information back to the Company. The User may manage how
it handles cookies in its own browser settings.
7.7
Data
(a)
Security. The Company takes the security of
Rebotify and the privacy of its Users very seriously. The User agrees
that the User shall not do anything to prejudice the security or privacy of the
Company’s systems or the information on them.
(b)
Transmission. The Company shall do all things
reasonable to ensure that the transmission of data occurs according to accepted
industry standards. It is up to the User to ensure that any transmission
standards meet the User’s operating and legal requirements.
(c)
Storage. Data that is stored by the Company
shall be stored according to accepted industry standards.
(d)
Backup. The Company shall perform backups
of its entire systems in such manner, at such times and intervals as is
reasonable for its business purposes. The Company does not warrant that
it is able to backup or recover specific User Content from any period of time
unless so stated in writing by the Company.
7.8
Intellectual
Property
(a)
Trade Marks. The Company has moral,
unregistered and registered rights in its trade marks and the User shall not
copy, alter, use or otherwise deal in the marks without the prior written
consent of the Company.
(b)
Proprietary Information. The Company may use software and
other proprietary systems and Intellectual Property for which the Company has
appropriate authority to use, and the User agrees that such is protected by
copyright, trademarks, patents, proprietary rights and other laws, both
domestically and internationally. The User warrants that it shall not
infringe on any third-party rights through the use of Rebotify.
(c)
Rebotify. The User agrees and accepts that
Rebotify is the Intellectual Property of the Company and the User further
warrants that by using Rebotify the User will not:
i
Copy Rebotify or the
services that it provides for the User’s own commercial purposes; and
ii
Directly or indirectly
copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use
any source or object code, architecture, algorithms contained in Rebotify or
any documentation associated with it.
(d)
Content.
All content (excluding User Content) submitted to the Company, whether
via Rebotify or directly by other means, becomes and remains the Intellectual
Property of the Company, including (without limitation) any source code,
analytics, insights, ideas, enhancements, feature requests, suggestions or
other information provided by the User or any other party with respect to
Rebotify.
(e)
Reservation. Nothing in these Terms of Service shall
grant the Customer, or any User, any right, title or interest in any of the
Intellectual Property of the Company, in particular Rebotify.
The User agrees and acknowledges that
Rebotify has third party dependencies which may affect its availability,
including (without limitation) internet service providers and hosting services,
and that the Company has no means of controlling the availability of such
dependencies and shall not be liable for any interruptions to such.
7.10 Confidentiality
(a)
The Company agrees to keep
all User Content and Participant Content (if any) in the strictest confidence,
and to the extent User Content or Participant Content is accessed and/or
received by the Company it shall be deemed as Confidential Information for the
purposes of these Terms of Service.
(b)
Each party acknowledges and
agrees that:
i
the Confidential
Information is secret, confidential and valuable to the disclosing party (Discloser);
ii
it owes an obligation of
confidence to the Discloser concerning the Confidential Information;
iii
it must not disclose the
Confidential Information to a third party except as permitted in these Terms of
Service;
iv
all Intellectual Property
rights remain vested in the Discloser but disclosure of Confidential
Information does not in any way transfer or assign any rights or interests in
the Intellectual Property to the receiving party; and
v
any breach or threatened
breach by the receiving party of an obligation under these Terms of Service may
cause the Discloser immediate and irreparable harm for which damages alone may
not be an adequate remedy. Consequently, the Discloser has the right, in
addition to other remedies available at law or in equity, to seek injunctive
relief against the receiving party (and its agents, assigns, employees,
officers and directors, personally) or to compel specific performance of this
clause.
(c)
A party must notify the
Discloser in writing, giving full details known to it immediately, when it
becomes aware of:
i
any actual, suspected,
likely or threatened breach by it of any obligations it has in relation to the
Confidential Information;
ii
any actual, suspected,
likely or threatened breach by any person of any obligation in relation to the
Confidential Information; or
iii
any actual, suspected,
likely or threatened theft, loss, damage, or unauthorized access, use or
disclosure of or to any Confidential Information.
(d)
The receiving party must
promptly take all steps that the Discloser may reasonably require and must
co-operate with any investigation, litigation or other action of the Discloser
or of a related body corporate if there is:
i
any actual, suspected,
likely or threatened breach of a term of these Terms of Service; or
ii
any theft, loss, damage or
unauthorized access, use or disclosure of or to any Confidential Information
that is or was in its possession or control.
7.11
Liability & Indemnity
(a)
The User agrees that it
uses Rebotify at its own risk.
(b)
The User acknowledges that
the Company is not responsible for the conduct or activities of any User and
that the Company is not liable for such under any circumstances.
(c)
The User agrees to
indemnify the Company for any loss, damage, cost or expense that the Company
may suffer or incur as a result of or in connection with the User’s use of or
conduct in connection with Rebotify, including any breach by the User of these
Terms.
(d)
In no circumstances will
the Company be liable for any direct, incidental, consequential or indirect
damages, personal injury, death, damage to property, loss of property, loss or
corruption of data, loss of profits, goodwill, bargain or opportunity, loss of
anticipated savings or any other similar or analogous loss resulting from the
User’s access to, or use of, or inability to use Rebotify, whether based on
warranty, contract, tort, negligence, in equity or any other legal theory, and
whether or not the Company knew or should have known of the possibility of such
damage, loss, personal injury or death, or business interruption of any type,
whether in tort, contract or otherwise.
(e)
Certain rights and remedies
may be available under the Competition and Consumer Act 2010 (Cth) or
similar legislation of other States or Territories and may not be permitted to
be excluded, restricted or modified. Apart from those that cannot be
excluded, the Company and the Company’s related entities exclude all conditions
and warranties that may be implied by law. To the extent permitted by
law, the Company’s liability for breach of any implied warranty or condition
that cannot be excluded is restricted, at the Company’s option to:
i
The re-supply of services
or payment of the cost of re-supply of services; or
ii
The replacement or repair
of goods or payment of the cost of replacement or repair.
7.12 Termination
(a)
Unless agreed otherwise in the Commercial Terms, either
party may terminate these Terms of Service by giving the other party no less
than 1 months’ written notice, and access to Rebotify shall terminate at the
end of the Customer’s billing cycle active at the expiry of that notice period.
(b)
Termination of these Terms
of Service is without prejudice to and does not affect the accrued rights or
remedies of any of the parties arising in any way out of these Terms of Service
up to the date of expiry or termination. Termination does not affect any of the
rights accrued by a party prior to termination, and the rights and obligations
under clauses 7.9, 7.9, 7.11, (a) and 7.14 shall survive termination of these
Terms of Service.
7.13 Dispute Resolution
(a)
If any dispute arises
between the parties in connection with these Terms of Service (Dispute),
then either party may notify the other of the Dispute with a notice (Dispute
Notice) which:
i
Includes or is accompanied
by full and detailed particulars of the Dispute; and
ii
Is delivered within 10
Business Days of the circumstances giving rise to the Dispute first occurring.
(b)
Within 10 Business Days
after a Dispute Notice is given, a representative (with the authority to
resolve the dispute) parties must meet (virtually or otherwise) and seek to
resolve the Dispute.
(c)
Subject to clause (d), a
party must not bring court proceedings in respect of any Dispute unless it
first complies with the requirements of the dispute resolution mechanism
outlined in this clause.
(d)
Nothing in this clause prevents either party from
instituting court proceedings to seek urgent injunctive, interlocutory or
declaratory relief in respect of a Dispute.
(e)
Despite the existence of a
Dispute, the parties must continue to perform their respective obligations
under this document and any related agreements.
7.14
Electronic Communication, Amendment
& Assignment
(a)
The words in this clause
that are defined in the Electronic Transactions Act 1999 (Cth) have the
same meaning.
(b)
The User can direct
notices, enquiries, complaints and so forth to the Company as set out in these
Terms of Service. The Company will notify the User of a change of details
from time-to-time.
(c)
The Company will send the
User notices and other correspondence to the details that the User submits to
the Company, or that the User notifies the Company of from time-to-time. It is
the User’s responsibility to update its contact details as they change.
(d)
A consent, notice or communication under these Terms of
Service is effective if it is sent as an electronic communication unless
required to be physically delivered under law.
(e)
Notices must be sent to the
parties’ most recent known contact details.
(f)
The User may not assign or otherwise create an interest
in these Terms of Service.
(g)
The Company may assign or
otherwise create an interest in its rights under these Terms of Service by
giving written notice to the User.
7.15 General
(a)
Special Conditions. The parties may agree to any Special
Conditions to these Terms of Service in writing.
(b)
Prevalence. To the extent these Terms of Service is
in conflict with, or inconsistent with, the terms of any other agreement
between the Company and the User, any Commercial Terms, or any special
conditions made under these Terms of Service, as relevant, the terms of those
other agreements or special conditions shall prevail.
(c)
Disclaimer. Each party acknowledges that it
has not relied on any representation, warranty or statement made by any other
party, other than as set out in these Terms of Service.
(d)
Relationship. The relationship of the parties to these
Terms of Service does not form a joint venture or partnership.
(e)
Waiver. No clause of these Terms of
Service will be deemed waived and no breach excused unless such waiver or
consent is provided in writing.
(f)
Further Assurances. Each
party must do anything necessary (including executing agreements and documents)
to give full effect to these Terms of Service and the transaction facilitated
by it.
(g)
Governing Law. These Terms of Service are governed by
the laws of Victoria, Australia. Each of the parties hereby submits to
the non-exclusive jurisdiction of courts with jurisdiction there.
(h)
Severability. Any clause of these Terms of
Service, which is invalid or unenforceable, is ineffective to the extent of the
invalidity or unenforceability without affecting the remaining clauses of these
Terms of Service.
(i)
Interpretation. The following rules apply unless the
context requires otherwise:
i
Headings are only for
convenience and do not affect interpretation.
ii
The singular includes the
plural and the opposite also applies.
iii
If a word or phrase is
defined, any other grammatical form of that word or phrase has a corresponding
meaning.
iv
A reference to a clause
refers to clauses in these Terms of Service.
v
A reference to legislation
is to that legislation as amended, re enacted or replaced, and includes any
subordinate legislation issued under it.
vi
Mentioning anything after
includes, including, or similar expressions, does not limit anything else that
might be included.
vii
A reference to a party to
these Terms of Service or another agreement or document includes that party's
successors and permitted substitutes and assigns (and, where applicable, the
party's legal personal representatives).
viii
A reference to a person,
corporation, trust, partnership, unincorporated body or other entity includes
any of them.
ix
A reference to information
is to information of any kind in any form or medium, whether formal or
informal, written or unwritten, for example, computer software or programs,
concepts, data, drawings, ideas, knowledge, procedures, source codes or object
codes, technology or trade secrets.
END TERMS OF SERVICE