Terms and Conditions for subscription and use of the elementTIME platform and related services.
This document provides details on the way we govern ourselves when providing you services using the elementTIME application and what you can expect from us.
We try not to be eggs about this sort of thing, but it is important to lay a solid foundation for managing expectations and ensuring we all know where we stand in the crazy event something happens. Speaking of we once did some work with a government agency who included ‘zombie outbreak’ in their contingency planning. That is planning for a crazy event.
This is a document that can provide a foundation for you and us. It exists to provide confidence that in the unlikely and unfortunate event that our relationship does not go as expected there is already a framework on our options for figuring things out. Basically, we take our relationship with clients seriously. Real seriously. And that means sometimes we need to have some boring legal type stuff to stand on, so we can build our relationship into something great.
NOTE this agreement is subsequent to the agreement your organisation has for the use, licencing and management of elementTIME. Your access to the elementTIME application is contingent on your organisations agreement being valid.
elementTIME Terms of Service
By accessing our app, elementTIME, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing elementTIME. The materials contained in elementTIME are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of elementTIME per device for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained in elementTIME;
- remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Adroit Creations at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials within elementTIME are provided on an ‘as is’ basis. Adroit Creations makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Adroit Creations does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to elementTIME.
In no event shall Adroit Creations or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use elementTIME, even if Adroit Creations or a Adroit Creations authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing in elementTIME could include technical, typographical, or photographic errors. Adroit Creations does not warrant that any of the materials on elementTIME are accurate, complete or current. Adroit Creations may make changes to the materials contained in elementTIME at any time without notice. However Adroit Creations does not make any commitment to update the materials.
Adroit Creations has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Adroit Creations of the site. Use of any such linked website is at the user’s own risk.
Adroit Creations may revise these terms of service for its app at any time without notice. By using elementTIME you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia or New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.