Welcome to Ingnite360, and thank you for choosing our platform, an all in one digital platform for small to medium businesses. Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Ignite360. By subscribing to our platform you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
GENERAL TERMS AND CONDITIONS
This Agreement describes the terms governing your use of the Services. This Agreement includes by reference:
Additional terms and conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
You can form a binding contract with Ignite360;
You are not a person who is prohibited from receiving the Services under the laws of the United States; and
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including applicable trade regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described herein. Ignite360 reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Ignite360 grants to you a limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
Decompile, disassemble, or reverse engineer the Services.
Make the Services available on any file-sharing or application hosting service.
3. PAYMENTS AND TAXES
For Services offered on a payment or subscription basis, the following terms apply.
Payments will be billed to you in AU dollars when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to Ignite360;
A valid debit card acceptable to Ingnite360;
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Ignite360 will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
We may use third party service providers to process payments including payments made by credit card. Any terms applying to those third parties including their privacy practices will be identified on the registration page in the payment details section.
4.Use of Services and Your responsibilities
You must ensure that each User only accesses and uses the Services as permitted under the Agreement.
You are responsible for all access to and use of the Services made using the username, passwords and other login details associated with Your account for the Services.
You are responsible for maintaining Your internet access, IT infrastructure and all other technology, communications, social media accounts and other matters needed in order for You to access and use the Services.
You must ensure that the Services are only accessed and used in relation to the Location and for no other purpose. This right is non-transferable.
You must ensure that the Contact Details and all other details We hold about You and the Location are correct, complete and up-to-date.
You must ensure all Data provided or made available to Us is correct, complete and up-to-date.
You must ensure that all usernames and passwords used to access the Services are kept secure and confidential. You must immediately notify Us of any unauthorised use of Your passwords or any other breach of security.
You must ensure that all access and use the Services, does not:
undermine or attempt to undermine the security or integrity of Ignite360 products or, where the Services are hosted by a third party, that third party’s computing systems;
misuse or use or attempt to misuse or use the Services in any way which may impair the functionality of the Services;
gain or attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access; or
modify, copy, adapt, reproduce or reverse engineer any computer programs used to deliver the Services or attempt to do any such activity.
Save as required by law, You must only use Our confidential information as instructed by Us and You shall not disclose any confidential information relating to the Us or Our affiliates obtained during or arising out of the Agreement, to anyone (except to Your employees on an as need basis).
The obligations in clause 6.1 will survive expiration or cancellation of the Agreement.
7. Intellectual Property Rights
All Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Us or Our licensors.
You retain all Intellectual Property Rights You have in in the Data.
You grant Us a royalty-free licence to use, copy, transmit, store and back-up the Data for the purposes of providing You with the Services and enabling You to access and use the Services as contemplated by the Agreement.
You warrant that all Data You provide to Us may be used as contemplated in clause 8.3 and that such use will not infringe the rights of any third party. You indemnify Us for all losses and costs We incur as a result of any claim made against Us by a third party that use of Your Data as contemplated by the Agreement infringes the third party's rights.
Connecting to third-party social networks and websites will occur as part of the Services. You acknowledge that We may allow third-parties to access Your Data as required for the interoperation of such third-party social networks and websites with the Services. To the extent permitted by law, we are not be responsible for any disclosure, modification or deletion of Your Data resulting from any such granted access by third-party providers.
Whilst We shall use all reasonable endeavours to ensure that all Services are free from viruses and errors, We provide no guarantee that they will be free from such defects.
Our liability to You in contract, tort (including negligence), statute, or otherwise arising under or in connection with the Agreement is capped in the aggregate for all claims to the total amount paid by You to Us.
We exclude all liability to You in contract, tort (including negligence), statute, or otherwise arising under or in connection with the Agreement for loss of income or revenue; loss or interruption of business; loss of up time; loss of profits; third party claims; loss of or damage to software; loss of data; loss due to the introduction of a computer virus or other malware; loss of anticipated savings; loss of goodwill; loss of traffic; or any liability for any indirect or consequential loss or damage incurred by Us in connection with the Services; or any other loss or damage of any kind (including for any injury to any person), however arising.
The limitations on Our liability contained in the Agreement are made to the full extent permitted by law. Nothing in the Agreement restricts the effect of warranties or conditions which may be implied by law or any other rights or remedies which cannot be excluded, restricted or modified. Subject to those laws, to the extent to which We are entitled to do so, Our liability under such implied conditions or warranties or other rights or remedies, shall be limited at its option to:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
9. Variation of Terms
We may by notice to You vary the Agreement.
Any variation will take effect on the date specified in the notice which shall not be less than 30 days.
10. Renewal, cancellation and suspension
To renew Your subscription for the Services You must pay Us the applicable Subscription Fees before the end of Your current subscription period. If You do not renew Your subscription, Your access to the Services will cease when Your paid up subscription period expires.
If We vary the Agreement under clause 10 and that variation takes effect before Your paid up subscription period expires, You may by written notice to Us elect to cancel Your subscription for the Services at any time before the variation takes effect.
We may cancel Your subscription for Services at any time by giving You notice if a third party upon which Services depends ceases to support the underlying platform or basis for the Services. Where practicable by giving You not less than 30 days’ notice.
We may suspend or cancel Your subscription for Services immediately by giving notice to You if You:
have failed to pay fees when due;
breach the Agreement and fail to remedy that breach within 14 days of receiving notice from Us to do so; or
become insolvent or otherwise unable to pay Your debts when due or You cease to carry on business.
Our suspension under clause does not take away Our right to cancel Your subscription for Services. In the suspension notice We will specify what You must do to have the suspension lifted and the deadline to do so. If You do not comply with this notice, We may exercise Our right to cancel Your subscription for Services.
On cancellation of Your subscription for Services in accordance with this clause 11, We will:
repay You any unused portion of the Subscription Fees You have paid. However, if cancellation is under clauses 11.5, We may deduct from that amount any amount We are owed by You and pay You the remainder; and;
provide instructions to You if applicable on transitional issues for the Location's online profile that was managed via the Services. If You are considering cancelling Your subscription for the Services or not renewing Your subscription, We encourage You in advance to contact Us regarding these issues.
11. Force Majeure
Neither We nor You shall be liable for any failure to, or delay in, performing Ours or Your respective obligations under the Agreement where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the Party in question.
12. No Waiver
No failure or delay by either Party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
13. Further Assurance
Each Party shall execute all such further deeds and documents and do all such further things as may be necessary to carry the provisions of the Agreement into full force and effect.
Subject to any provisions to the contrary, each Party to the Agreement shall pay its own costs of, and incidental to, the negotiation, preparation, execution, and carrying into effect of the Agreement.
15. Entire Agreement
The Agreement contains the entire understanding between the Parties as to its subject matter and supersedes and excludes all prior and other discussions, specifications, representations, communications and arrangements relating to the Services including, but not limited to, those relating to performance or results that ought be expected from Services.
Each Party acknowledges that, in entering into the Agreement, it does not rely on any representation, warranty, or other provision except as expressly provided in the Agreement, and all conditions, warranties, or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed to be severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
Any complaints made about the Services or a dispute relating to the Agreement should be addressed to the "Operations Manager" in writing, but may be transmitted to Us by email to email@example.com
If You are not satisfied by Our response, the Parties shall attempt to resolve any dispute arising out of or relating to the Agreement through negotiations directly or between their appointed representatives who have the authority to settle such disputes. If such negotiations do not resolve the matter within thirty (30) Business Days of receipt of a written invitation to negotiate, the Parties will attempt to resolve the dispute in good faith through an agreed alternative dispute resolution procedure.
NSW state law governs this Agreement without regard to its conflict of laws provisions.
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