AGREEMENT BETWEEN WEBSITE USER AND ITSM REPORTING SERVICES PTY LTD
Wherein, the term “Website” shall mean the website hosted at www.ReportingServices.com and its various web pages and content as operated by ITSM Reporting Services Pty Ltd (hereafter ITSM Reporting Services) and “website user” or “You” shall mean You as a reader or consumer of the ITSM Reporting Services Website. This agreement binds You and the company you represent if you use this Website in the course of your employment.
The ITSM Reporting Services Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ITSM Reporting Services Website constitutes your agreement to all such terms, conditions, and notices.
COPYRIGHT AND TRADEMARK NOTICE
All pages, layout and content, are Copyright, ITSM Reporting Services Pty Ltd, All Rights Reserved.
ITSM Reporting Services Pty Ltd (herein referred to as “ITSM Reporting Services”).
ABN 26 107 775 253
Registered office: Suite 535, 1 Queen Street, Albert Park, VIC 3000
Tel: +61 (03) 9820 4844
This website is published by ITSM Reporting Services and is not to be reproduced in whole or in part without the prior written permission of ITSM Reporting Services. ITSM Reporting Services, Captell, Captell CMC, are service marks and/or trademarks (registered or unregistered) of ITSM Reporting Services Systems Pty Ltd. All products or company names in the Website are used for identification purposes only and may be trademarks of their respective owners.
MODIFICATION OF THESE TERMS OF USE
ITSM Reporting Services reserves the right to change the terms, conditions, and notices under which the ITSM Reporting Services Website is offered.
LINKS TO THIRD PARTY SITES
The ITSM Reporting Services Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ITSM Reporting Services and ITSM Reporting Services is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ITSM Reporting Services is not responsible for webcasting or any other form of transmission received from any Linked Site. ITSM Reporting Services is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ITSM Reporting Services of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ITSM Reporting Services Website, you warrant to ITSM Reporting Services that you will not use the ITSM Reporting Services Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ITSM Reporting Services Website in any manner which could damage, disable, overburden, or impair the ITSM Reporting Services Website or interfere with any other party’s use and enjoyment of the ITSM Reporting Services Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ITSM Reporting Services Websites.
USE OF COMMUNICATION SERVICES
The ITSM Reporting Services Website may contain blogs, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ITSM Reporting Services has no obligation to monitor the Communication Services. However, ITSM Reporting Services reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ITSM Reporting Services reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ITSM Reporting Services reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ITSM Reporting Services’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ITSM Reporting Services does not control or endorse the content, messages or information found in any Communication Service and, therefore, ITSM Reporting Services specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ITSM Reporting Services spokespersons, and their views do not necessarily reflect those of ITSM Reporting Services.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ITSM REPORTING SERVICES OR POSTED AT ANY ITSM REPORTING SERVICES WEBSITE
ITSM Reporting Services does not claim ownership of the materials you provide to ITSM Reporting Services (including feedback and suggestions) or post, upload, input or submit to any ITSM Reporting Services Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ITSM Reporting Services, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. ITSM Reporting Services is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ITSM Reporting Services’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
For further information on our use of Personal Information, please refer to our Privacy Policy.
LIABILITY DISCLAIMER
The information, software, products and services included in or available through the ITSM Reporting Services Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ITSM Reporting Services and/or its suppliers may make improvements and/or changes to the ITSM Reporting Services Website should not be relied on for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
ITSM Reporting Services and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and/or accuracy of the information, software, products, services and related graphics contained in the ITSM Reporting Services Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Specific Terms of Service or Supply Agreements apply to the use of specific solutions. ITSM Reporting Services and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extend permitted by applicable law, in no event shall ITSM Reporting Services and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ITSM Reporting Services Website, with the delay or inability to use the ITSM Reporting Services Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ITSM Reporting Services Website, or otherwise arising out of the use of the ITSM Reporting Services Website, whether based on Contract, Tort, negligence, strict liability or otherwise, even if ITSM Reporting Services of any of its suppliers has been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the ITSM Reporting Services Website or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ITSM Reporting Services Website.
TERMINATION/ACCESS RESTRICTION
ITSM Reporting Services reserves the right, in its sole discretion, to terminate your access to the ITSM Reporting Services Website and the related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ITSM Reporting Services as a result of this agreement or use of the ITSM Reporting Services Website. ITSM Reporting Services’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ITSM Reporting Services’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ITSM Reporting Services Website or information provided to or gathered by ITSM Reporting Services with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ITSM Reporting Services with respect to the ITSM Reporting Services Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ITSM Reporting Services with respect to the ITSM Reporting Services Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Version: May 2014.