Saasabi Terms of Service
Last modified: 23 January, 2015
This is a contract between you and us (Saasabi Pty Ltd, referred to herein as “Saasabi”, “us” and “we”). It describes the services we will provide to you, how we will work with you, and other aspects of our business relationship. It is a legal document so some of the language is dense, but we have endeavoured to make it as readable as possible.
Your use of Saasabi’s web sites, software, services, and applications (referred to collectively as “Services” in this document) is subject to the terms of a legal agreement (“Agreement”) between you and Saasabi Pty Ltd, a company headquartered at 76B Hampden Road, Artarmon NSW 2064, Australia. Our postal address is PO Box 917, Artarmon NSW 1570, Australia.
The following terms and conditions govern the use of all Saasabi Services.
Please read this Agreement carefully before accessing or using the Services. By accessing or using our Services, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services.
3. SERVICES USE
3.1 Accurate Representation
3.2 Authorized Use
You agree that any and all use of Services is: (a) compliant to the terms in this Agreement; (b) only for the intended purposes permitted and described in Services-related documentation; and (c) only as permitted by applicable laws and regulations of relevant jurisdictions of Saasabi and your use location.
3.3 Allowable Access
You agree to access any Services only through the means intended by Saasabi. Access is not allowed through processes that disrupt normal operation of Services.
3.4 Restriction of Use
Saasabi may restrict your access to any or all Services if: (a) you have breached, or demonstrate inability to comply with, any of the conditions of the Agreement; (b) Saasabi is required to do so by law; (c) Saasabi is prevented from continuing service through a partner which is enabling Services; or (d) any part or whole of the Services is discontinued by Saasabi.
4.1 Saasabi and Third Party Content (“Services Content”)
You acknowledge that Services Content may be protected by intellectual property rights, which are owned by the providers of this content. This includes Saasabi and third-party providers. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this content unless you receive separate, written consent from the owners of the Services Content. Saasabi is not responsible for Services Content not directly owned by Saasabi, nor are we responsible for content accessed through links provided on our Services.
4.2 User Content
You agree that you are solely responsible for any content you generate and share (“User Content”) through Saasabi Services, including, yet not limited to, intellectual property ownership and compliance with all applicable laws, regulations, and guidelines of relevant jurisdictions of Saasabi and your use location. You retain copyright and other rights you already hold, and are entitled to by law, for your User Content.
Where User Content is shared on any public-access portion of our Services (e.g. open discussion forums on our web sites), you also agree that you are also solely responsible and liable (and Saasabi is expressly not liable) for all content you contribute.
5. INTELLECTUAL PROPERTY
This Agreement does not transfer from Saasabi to you any Saasabi trademarks or third-party intellectual property. Other trademarks, service marks, graphics, and logos used with Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Saasabi or third-party trademarks.
You agree not to (a) use any Confidential Information to create any software or documentation that is similar to the Services, (b) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying structures, ideas or algorithms of the Services, (c) copy, adapt, merge, create derivative works of, translate, localize, port or otherwise modify any Services, or (d) permit any third party to engage in any of the foregoing proscribed acts. Licensee shall not use the Services for the benefit of any third party without Licensor's prior written consent, at its discretion.
5.3 No Implied License
Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use is permitted and Saasabi shall retain all right, title and interest in and to the Services (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).
6. Warranty Disclaimers
Services are provided "as is" without warranty of any kind. Saasabi does not warrant that the Services will meet Licensee's requirements or that they will be uninterrupted or error-free. To the fullest extent permitted by law, Saasabi hereby disclaims (for itself and its suppliers) all other warranties, whether express or implied, oral or written, with respect to the Services including, without limitation, all implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for any particular purpose and all warranties arising from any course of dealing, course of performance or usage of trade.
7. Limitation of Liability
In no event shall Saasabi or its suppliers be liable concerning the subject matter of this Agreement, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, or (d) aggregate damages, in excess of the amount paid to Saasabi for the Services that gave rise to the claim during the prior 12-month period, even if Saasabi has been advised of the possibility of such damages. These limitations are independent from all other provisions of this Agreement and shall apply notwithstanding the failure of any remedy provided herein.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflicts of law provisions.
Any notice or communication hereunder shall be in writing and either personally delivered or sent via recognized express delivery courier or certified or registered mail, prepaid and return receipt requested. Notices shall be delivered to the address specified by Licensee when the Services/Software was ordered/downloaded, or to the address above for Saasabi, as the case may be, or at such other address designated in a subsequent notice. All notices shall be in English.
Saasabi reserves the right to modify or replace any part of this Agreement. Your continued use of or access to Services following the posting of any changes to this agreement constitutes acceptance of those changes. In the future, Saasabi may offer new applications, services and/or features through our Services. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
A lack of enforcement will not result in waiver of any term of this Agreement. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.