V2.0 (Last updated: 10 September 2015)
Industria Software Pty Ltd (hereafter collectively referred to as "Industria Software" or "us" or "we" as the context requires) is a private limited company, registered in Australia (ABN 86145570538) based in Woy Woy, New South Wales, Australia. Industria Software activates in Australia since 2010 and we are focused on developing customised stand alone and mobile solutions which respond to our customers needs. We provide complete expertise that can help guide you through the complex world of new mobile apps, in an iterative and agile way.
Industria Software builds dedicated Mobile Web Apps (hereafter collectively referred to as the "Apps") and other Software Solutions (including websites and web-portals) to allow you run the business and give you more flexibility on a day to day basis.
Our focus is to provide Apps and software solutions rich in functionality and simple to use with a reasonable and affordable price.
We have developed dedicated Apps/Software solutions for Businesses (such as JOBApp mobile application, Invoicing & Quotation Tool) as well as for the Community we live in (such as 'Preschool Finder' mobile application and the associated Web-portal (https://www.preschool-finder.com.au) and for software developers community (such as Free Source Libraries).
We provide you with a mobile application/s and/or web-portal/s that enables the exchange of content in the public space between you (the "User"), Industria Software and/or third parties (such as preschools) or any other third party content partner, and other applications, features, software, databases and services (together called "Services").
We also enable you to add or generate your own content when using our Apps and/or Web-portal/Website to interact with third parties (such as preschools), any other third party partners/other users ("User Generated Content"). When using our Services, it is important that you respect locations, intellectual property rights, privacy and the rights of third parties at all times.
These terms and conditions (hereafter collectively referred to as "T&C") govern your access to and use of any 'Industria Software' branded applications (hereafter collectively referred to as the "Apps") and the Web-portal/Website and any other 'Industria Software' branded or controlled Web-portal/Website or section of a Website (including, without limitation, a Industria Software Facebook page or Twitter account) (hereafter collectively referred to as the "Web-Portal/Website"), as updated from time to time. Other services or materials operated or provided by Industria Software or by third parties may be subject to other T&C, which will be indicated to you prior to use. These T&C apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone.
These T&C constitute a legal agreement between you and Industria Software (hereafter collectively referred to as the "Agreement"). Please read them carefully before using the Services, Apps and/or Web-portal/Website. By downloading, accessing or using the Apps and/or Web-portal/Website in any way, you are confirming that you have read and understood these T&C and have agreed to be bound by them.
Industria Software may amend these T&C at any time at its discretion. If these T&C are amended, Industria Software shall display the revised T&C on the Apps and/or Web-portal/Website. You will be deemed to have accepted any amendments if you continue using the Apps and/or Web-portal/Website after the amendments are displayed.
If you do not agree to comply with these T&C or any amendments to them, please stop using the Apps and/or Web-portal/Website immediately.
1.1 Industria Software operates and controls the Apps and Web-portal/Website and provides them to you in its absolute discretion.
1.3 Industria Software may withdraw or change the Apps or Web-portal/Website at any time in its absolute discretion, including, but not limited to, suspending access to the Apps and/or Web-portal/Website, inserting advertising in the Apps and/or Web-portal/Website and limiting the number of functionalities that can be accessed using the Apps or Web-portal/Website, without prior notice to you.
1.4 In consideration of Industria Software permitting you to use the Apps and/or Web-portal/Website, you agree to comply with these T&C. All other uses of the Apps and Web-portal/Website other than as set out in these T&C are prohibited.
2.1 Your permission to use the Apps and Web-portal/Website as set out in paragraph 1 above is conditional upon your compliance with these T&C and is subject to the following restrictions:
you must not access or in any way exploit any underlying data, code, content or other material provided by Industria Software in conjunction with the Apps and/or Web-portal/Website.
you must ensure that any communication on the Web-portal/Website or via the Apps are concluded between you and Industria Software's operator partners and not via any unauthorised intermediary.
you must not use the Apps and/or Web-portal/Website in any way for your own commercial gain, without the written consent of Industria Software.
you must not edit, remove, alter, tamper with, or in any way change the Apps and/or Web-portal/Website or any part of them.
you must not (and must not authorise others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Apps and/or Web-portal/Website other than as permitted pursuant to paragraph 1 above.
you must comply with all laws and regulations when using the Apps and/or Web-portal/Website and must not use them for illegal or illegitimate purposes.
you must not use the Apps and/or Web-portal/Website in any manner whatsoever that may prejudice or damage Industria Software's business.
you must not transmit any material/content that is defamatory, offensive or otherwise objectionable in relation to your use of the Apps and/or Web-portal/Website.
you must not use the Apps and/or Web-portal/Website in a way that could damage, disable, overburden, impair or compromise Industria Software's systems or security or interfere with other users.
you must not engage in any activity that, directly or indirectly, interferes with or disrupts Industria Software's Apps and/or Web-portal/Website.
you must not infringe our intellectual property rights or those of any third party in relation to your use of the Apps and/or Web-portal/Website.
to the extent that the Web-portal/Website is hosted on a third party Web-portal/Website (for example, any social media Web-portal/Website) and there are separate T&C of use relating to that third party Web-portal/Website, you agree to fully comply with such T&C.
2.2 You acknowledge and agree that information provided on the Apps or via the Web-portal/Website is made available by Industria Software's suppliers and partners or has been gathered from public domain sources. By using the Apps and/or Web-portal/Website, you agree that any price quotes/fees displayed to you, are also displayed to other users of the Apps and/or Web-portal/Website and may not be 100% accurate due to the source data. We do not have control and cannot guarantee on the complete accuracy of these and thus Industria Software will not be responsible for any information contained therein and we disclaim any responsibility for these websites/sources and shall not be liable in any way for any costs or fees (including but not limited to any other fees indicated to us as not been up to date).
2.3 To the extent that the Apps and/or Web-portal/Website provides a platform or functionality (hereafter collectively referred to as 'Sharing Platform') that allows you to post, upload or make available or in any way transmit (hereafter collectively referred to as 'Share') information, images, video, or any other media formats (hereafter collectively referred to as 'User Content') on the Apps and/or Web-portal/Website, you warrant that:
you shall not Share any User Content that:
is plagiarised from any third party or contains any third party material or content for which you have not obtained all necessary licenses, consents and/or approvals;
is unlawful, defamatory, obscene, indecent, pornographic, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence and/or in breach of privacy;
constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
is technically harmful (including, without limitation, containing computer viruses);
you shall not use a Sharing Platform for your own commercial advantage, or to promote or advertise commercially on behalf of any third party;
you shall not use any Sharing Platform to Share, email, or link to any advertisements or junk-mail;
you shall not misrepresent, impersonate, or be in any way misleading as your identity, nor suggest in any way that you are sponsored, affiliated or connected in any way with Industria Software; and
you shall not Share any User Content containing personal information which could be used to identify any third party individual without having first obtained the necessary consents and approvals from that third party.
2.4 To the extent that you use any Sharing Platform, you acknowledge that:
Industria Software reserves the right to edit, delete, refuse to publish any User Content that you Share which we at our sole discretion consider in violation of these T&C, or for any other reason as we see fit.
Industria Software is under no obligation to store, retain, publish or make available any images or information uploaded by you and such information may be deleted at any time;
2.5 To the extent that you do not own the device(s) on which you access the Web-portal/Website or download and/or use the Apps, you will be assumed to have obtained permission from the owners of that device(s). You acknowledge that you and they may be charged by your and their service providers for internet access on the devices and that Industria Software shall not be liable in any way for such costs.
2.6 To the extent that you use the Apps and/or Web-portal/Website, you must take all necessary measures to protect your devices from viruses, worms and other harmful content. You are responsible for protecting the security of any content, including User Content that is stored on the (mobile) device used to get access to the Apps and/or Web-portal/Website.
2.7 To the extent that you use and Share any User Content on the Apps and/or Web-portal/Website, and/or Sharing Platform, you hereby grant Industria Software a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferrable and sub-licensable right to use, analyse, reproduce both electronically and otherwise, modify, adapt, display, distribute, publish, translate, and create derivative works from any and all such User Content, including for the purposes of advertising and marketing our company.
3.1. You accept that you are solely responsible for all costs involved in the use of the Apps and/or Web-portal/Website, such as communication costs related to the use of (mobile) devices, the use of mobile Internet and roaming, and taxes connected to your use of the Apps and/or Web-portal/Website.
3.2. Certain services consist of Industria Software providing you with access to content or functionalities which you have to pay for. By selecting paid content or paid functionalities you agree to pay the fee indicated and you may be asked to grant approval for the processing of automatic payments. We reserve the right to change the applicable fees for paid content/functionalities at any time. All purchases of paid content/functionalities are final. You agree that even in case we exercise our right to block access to content/functionalities, to terminate or deny access to and use paid content/functionalities, you are not entitled to a refund. Should the measures described in the previous sentence relate to actions by a third party provider of paid content (including Third Party Content), then we will use reasonable efforts to recover the purchase price on your behalf. We will divide the amounts remaining after deduction of recovery cost, on a pro rata basis to all affected users of the paid content/functionality.
3.3. All payments for paid content/functionalities are carried out by third party payment providers. You accept that we are not responsible for these third party payment providers and their operation or availability.
4.1 All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, logos, design rights, database rights, know-how, trade secrets and rights of confidence in the Apps and Web-portal/Website(together, the "Intellectual Property Rights") are owned or licensed by Industria Software. You acknowledge that rights in the Apps and Web-portal/Website are licensed (not sold or otherwise transferred) to you and that by using the Apps and/or Web-portal/Website, you will not acquire any right or interest in the Apps or in Web-portal/Website or in the Intellectual Property Rights. You further acknowledge that you have no right to have access to the Apps in source-code form.
4.2 You shall not:
remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Apps and/or Web-portal/Website or pass off or attempt to pass off the Apps and/or Web-portal/Website as the product of anyone other than Industria Software
use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Apps and/or Web-portal/Website or any part thereof.
4.3 You acknowledge that the Apps and Web-portal/Website includes content, pricing information, data and brand names owned by Industria Software's partners ("Partner Materials"). The restrictions at paragraph 3.2 above shall apply equally to Partner Materials.
4.4 By using the Apps and/or Web-portal/Website, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them.
4.5 You shall ensure that no disruptive computer program code, virus, 'denial of service' or 'spam' attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Web-portal/Website or the Apps.
4.6. You are not allowed to use the Industria Software logo/developed logos or any other trademark, service mark, graphic and logo used by Industria Software in connection with the Apps and Web-portal/Website, unless we have agreed this.
5.1 By using the Apps and/or Web-portal/Website and hence accepting these T&C, you warrant and represent to Industria Software that:
you will not use the Apps and/or Web-portal/Website other than in accordance with these T&C and all applicable laws and regulations (including any local laws or regulations in your country, state regarding online conduct and acceptable content and the transmission of technical data).
you will not use the Apps and/or Web-portal/Website in any manner which may cause damage to Industria Software or bring Industria Software into disrepute.
your use of the Web-portal/Website and Apps will not infringe or misappropriate the rights/intellectual property rights of any third party.
you indemnify Industria Software from and hold Industria Software harmless against any and all claims, including reasonable attorneys' fees, resulting from you using the Apps and/or Web-portal/Website Services, and creating any content.
6.1 Your use of the Apps and/or Web-portal/Website is entirely at your own risk. While Industria Software will endeavour to ensure that the content of the Apps and Web-portal/ Websit is up-to-date and accurate, Industria Software cannot guarantee the reliability or accuracy of the content contained in them and you should not rely on such content. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Apps and/or Web-portal/Website and Industria Software accepts no liability in respect of any loss or damage to such data.
6.2 Industria Software makes no representations and does not warrant to you that the Apps and/or Web-portal/Website
are accurate, complete or up to date;
will always be available;
are secure or are free from errors, faults, defects, viruses or malware.
6.3 Although there is currently no charge for the use of the Apps and/or Web-portal/Website, Industria Software expressly reserves the right to charge for use of the Apps and/or Web-portal/Website or any part of them at a later date.
6.4 Industria Software has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Apps and/or Web-portal/Website (including, without limitation, any of your Business Partners, Preschool or Preschool Partner). In particular, Industria Software shall not be responsible for the transmission of funds between you and any third party provider, partner or distributor with whom you choose to deal. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party provider, partner or distributor. Where the Apps and/or Web-portal/Website contain links to other sites and resources provided by third parties (including, without limitation, the Sharing Service), these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6.5 Although there is currently no advertising functionalities in place on Apps and Web-portal/Website, Industria Software expressly reserves the right to introduce functionalities to see advertising material submitted by third parties on the Apps and/or Web-portal/Website. If this is the case, each individual advertiser is solely responsible for the content of its advertising material and Industria Software accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
6.6 This Agreement sets out the full extent of Industria Software's obligations and liabilities in respect of the Apps and Web-portal/Website. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply the Apps and/or Web-portal/Website which might for this paragraph 6.6 have effect between Industria Software and you or would otherwise be implied or incorporated into this Agreement or any collateral contract (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible by law and Industria Software shall not be liable to you in tort, delict or otherwise pursuant to the express terms of this Agreement in respect of the subject matter of this Agreement or the supply or non-supply of the Apps and/or Web-portal/Website. This statement shall not affect any of your statutory rights.
6.7 You should always obtain professional advice before making any decision which is prompted by the Apps and/or Web-portal/Website or information you have been provided by Industria Software that may have legal or financial implications.
6.8 To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of Industria Software or in respect of fraud or fraudulent misrepresentation) Industria Software does not accept any liability for:
any inaccuracies or omissions in the content of the Apps and/or Web-portal/Website, or
any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, the Apps and/or Web-portal/Website or any content contained in them,
and by using the Apps and/or Web-portal/Website, you release Industria Software from all such liability.
6.9 Industria Software cannot be held liable for any User Content made available via any Sharing Platforms.
6.10 Industria Software makes no representation that materials or information on the Apps and/or Web-portal/Website are appropriate or available for use in locations outside the Australia and accessing or using the Apps and/or Web-portal/Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Apps and/or Web-portal/Website from locations outside the Australia, you do so on your own initiative and are responsible for compliance with local laws.
6.11 Owing to the nature of the Internet and the fact that your access to the Apps and/or Web-portal/Website involves functionality outside Industria Software's control, Industria Software is not responsible for technical problems that you may experience with the Apps and/or Web-portal/Website.
7.1 You will be responsible to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us arising out of your use of the Apps and/or Web-portal/Website or breach of these T&C and, where you are a business, you agree to keep us fully and effectively indemnified from and against the same.
8.1. You may always terminate the use of the services Industria Software provides: Web-portal/Website and Apps, but, unfortunately, it is impossible for you to de-install the Services in case it has been pre-installed by the manufacturer of your device.
8.2. Industria Software is entitled to terminate the agreement with you, wholly or in part, if:
you breach any provision of these T&C;
Industria Software is obliged to do so by law or through an order of any competent authority; or
Industria Software decides to permanently suspend the Apps and/or Web-portal/Website.
8.3 Industria Software may in its absolute discretion immediately terminate this Agreement with you, wholly or in part, without prior notice to you.
8.4 Industria Software may suspend your use of the Apps and/or Web-portal/Website without notice at any time, without incurring any liability to you whatsoever.
9.1 Immediately upon termination of this Agreement:
you will not have the right to use the Website/Webportal or Apps and all permissions set out in paragraph 1 shall cease.
you shall immediately remove/delete any information/content received or used by you from your devices which relates to the Apps and/or Web-portal/Website, including deleting copies of the Web-portal/Website and Apps (including any cookies if applicable), where requested by Industria Software, confirm in writing that you have done so
9.2. All provisions that are intended to survive the termination, by nature or because such has expressly been provided for in these T&C or any agreement with you, shall survive such termination. These provisions include, but are not limited to, provisions regarding intellectual property, warranty exclusions, indemnity and limitations of liability and applicable law.
11.1 You acknowledge that the unauthorised use of the Apps and/or Web-portal/Website may result in irreparable damage and injury to Industria Software and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, Industria Software, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of the Apps and/or Web-portal/Website.
11.2 Nothing in these T&C shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that Industria Software, its affiliates and/or licensors may have.
12.1 We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Apps and/or Web-portal/Website, please send a written notification of such infringement to the address stated at the beginning of these T&C marked for the attention of 'Managing Director'.
13.1 The invalidity or unenforceability of any provision (in whole or part) of these T&C shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these T&C.
13.2 These T&C are personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without Industria Software's prior written consent.
13.3 These T&C represent the entire agreement between Industria Software and you and supersede any previous arrangements.
13.4 Industria Software will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to the address provided above.
13.5 Any failure by Industria Software to enforce any of the terms of these T&C shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these T&C.
13.6 A person who is not a party to these T&C shall have no right under Australian legislation, to enforce any provision of these T&C but this shall not affect any right or remedy of a third party which exists or is available.
13.7 Irrespective of the country from which you access or use the Apps and/or Web-portal/Website, your use of the Apps and/or Web-portal/Website is governed in accordance with the laws of Australia and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Australia.
14.1 If you require further information about Industria Software or have any suggestions concerning how to improve the Apps and Web-portal/Website, please contact us via the Contact Us feedback form/functionalities within the Apps or Web-portal/Website.
If you believe any information on this page is incorrect then please contact Industria Software.
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