Mark Ferris
CEO of Panalitix
As consideration for allowing you the (User ) to view the Content on our websites, Users agree to the following Terms of Use. These Terms of Use apply to all our Websites (Sites).
USA and Canada
If You are in the USA or Canada these Terms of Use are between Panalitix USA Inc. (employer identification number 81-1331177) of 8885 Rio San Diego Drive, San Diego, CA 92101 USA (PUSA) and the party named in the Contact Information section of the Online Subscription Form.
Australia, New Zealand, Europe and the rest of the world
If You are in Australia, New Zealand or any other country other the USA or Canada these Terms of Use are between Panalitix Pty Ltd (ACN 600 462 155) of 59 Doggett Street, Newstead, Queensland, Australia (PPL) and the party named in the Personal Details section in the Online Purchase Form.
The Sites operated by PUSA and PPL (described as Panalitix) provide Users with access to the Content and Facilities pursuant to a non-exclusive, worldwide, non-transferable licence contained herein.
By viewing the Content, using the Facilities on the Sites, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms of Use and that they are legally able to agree to be bound by them.
If Users do not agree to these Terms of Use, please leave these Sites immediately.
Definitions
“Claim” means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
“Content” means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).
“Designated Agent” means the person appointed by the Site owner to respond to allegations of Copyright breaches of Content that appears on the Website.
“Facilities” means any feature that appears on our Websites that enables Users to access or use the Content.
“Materials” means software, written materials, posts, documents, graphics and all other works shown in the physical form on the websites, including without limitation all text, data, alt tags, feedback, graphics, photographs, logos, sound, music, artwork and computer code.
“Personnel” means in relation to a party that party’s officers, office-holders, employees, agents and contractors.
“Privacy Policy” means a document which is made available on all Websites which provides how personal information is collected and disseminated in accordance with the Privacy Policy.
“Websites” means the websites operated by or on behalf of Panalitix, including any accessed via username and password.
“User” means any person that uses or browses Content, Facilities or Materials on the Websites.
2. Permitted Use of Content
Unless otherwise indicated, Panalitix reserves all copyright in the Content and design of the Sites. Panalitix owns all such copyright or provides it to Users under the terms of a limited licence embodied in these Terms of Use each time a User visits our Sites.
Users may download, print or copy Content provided on the Sites for their own use, only where the Sites provide a mechanism to do so. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Sites.
Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Sites unless this constitutes fair dealing for the purposes of the Copyright Act 1968 (Cth) (Act ). In particular, Users must not reproduce or use any of the information on our Sites for commercial benefit.
Other than for the purposes of and subject to the conditions prescribed under the Act as otherwise provided for in these Terms of Use, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
3. Prohibitions on Use
The Sites and the information and facilities contained herein must not be used in any manner that infringes Panalitix’s rights. Users must not:
4. Takedown Procedure
Panalitix takes all reasonable steps to be aware of Content published on the Sites. Panalitix commits to remove all material as soon as practicable after Panalitix is notified that Content may be a breach of copyright or other intellectual property rights, is defamatory or otherwise claimed to be illegal.
To notify us of a claimed infringement of Copyright please send a notification to info@panalitix.com if that includes the following information:
Users acknowledge and agree that if Panalitix receives a notice of a claim of copyright infringement, Panalitix may immediately remove the Materials from our Sites without further notice.
To notify us of material that Users believe should be removed from the Sites other than because of alleged Copyright, please send an email to info@panalitix.com
5. Privacy Policy
In using the Websites, Users are deemed to also accept the terms and conditions contained in our Privacy Policy.
6. Provision of Service
Panalitix may without notice suspend access to the Sites or disconnect or deny Users access to any part of the Sites during any technical failure or maintenance period. Panalitix may also choose at our sole discretion to block or deny any particular User with access to any of the Content or Facilities contained on the Sites. Panalitix may make improvements and or changes to Sites and the Content at any time without notice. Panalitix does not warrant that the information architecture or navigation will not change now or at any time in future.
7. Application of Terms of Use
These Terms of Use apply to Your access and use of the Materials and Facilities. If You are an accounting firm, You are responsible for ensuring that Your Personnel permitted to access the Materials and Facilities agree to and abide by these Terms of Use when accessing and using the Materials and Facilities.
8. Private Messaging
Where applicable, these Terms of Use apply to private messages sent by You to other users, using our private messaging facility (if any). Abuse of the private messaging facility may lead to warnings, suspending Your access to the private messaging facility and/or suspension or termination of Your access to the Website.
9. Etiquette
When using the Facilities, uploading Material or replying to other users’ Materials, we encourage you to treat and respond to users in the same manner that You treat colleagues, i.e. in a professional, courteous and respectful manner. When responding to other users’ Materials, You may quote or summarise other users’ posts to provide context to Your post. When using the Facilities and uploading Materials, You are encouraged to do so in a professional manner. This means that all Materials that You upload to the Facilities must be in English and in “professional writing”.
You are encouraged not to:
Enflaming, abusing, harassing, intimidating or stalking users or other individuals via the Facilities or Your Materials will not be tolerated and may result in Your access to the Website being suspended or terminated.
10. Posting
Please review other published topics before posting Your new topic to ensure that Your questions have not previously been answered. New topics should be posted in the correct forum and contain an appropriate, descriptive subject line. Topics posted in the incorrect forum, or containing vague or general topic titles do not assist other users in determining whether they can assist You with Your enquiry. Topics suitable for posting in the forum should not be discussed via private messages with other users.
One of the purposes of the forum is that it is a resource available to all users who are trying to find information on various topics. Responding to other users Materials and posting Your own topics and threads via the forum enables all users to contribute to the discussion and provides additional learning resources to the users. If You see a topic that You think You can assist with, please do so as it will assist other users, increase the educational nature of the forum and increase the likelihood that other users will respond to Your posts. You may include hyperlinks in Your post if it provides context or is used as a reference to any answers You are providing to other users. Hyperlinks must not be included in Your posts if the hyperlinked material is not related to the topic being discussed, or includes hyperlinks to competitors and other third party websites and products.
You rely on the information, thoughts and opinions contained in the Materials at Your own risk. We do not endorse or guarantee the accuracy of any information or facts appearing on the forum. While we are providing the forum as a resource for You, it is Your responsibility to ensure that the information is accurate.
11. Matters not Suitable for Posting
Do not upload Materials that are illegal, unlawful, obscene, defamatory, indecent, offensive or inappropriate. This includes, but is not limited to: words, videos, pictures, photos, image or hyperlinks. Do not upload Materials that encourage users to act in a way that is illegal, unethical or could contravene the law and similarly do not engage in any activities on the forum that will result in You acting illegally, unethical or in a manner which could contravene the law. Do not upload Materials about looking for or hiring employees. Any Materials related to staff employment will be deleted.
12. Clients
Your Material must not reveal any client information or sensitive information that has not already been made public without Your client’s written approval. De-identified client information may be uploaded to the forum, provided that the client is not able to be identified from the Material in any way.
13. Spam
Materials containing spam are not tolerated in the forum. Users upload spam Material may have their account suspended or terminated and the offending Materials removed.
Spam Material includes but is not limited to:
14. Intellectual property
Please respect the intellectual property rights of other users and third parties (including websites). You are responsible for ensuring that Your Materials complies with all relevant intellectual property rights of other users and third parties. If it is obvious that You do not have the required rights to the intellectual property contained in the Materials, we may give You a warning, remove the offending Materials and/or suspend or terminate Your access to the Facilities.
15. Storage
You agree that any Materials You uploaded are stored in our databases and servers. You may not delete Materials once You have uploaded them to our Facilities. If You would like Your Material deleted from our Facilities, please notify us by emailing support@panaltix.com and explaining why the deletion is requested. While we may delete the Materials from the forum, and take all necessary steps to have the Materials removed from our Facilities, we do not guarantee that the Materials have been permanently erased from our Facilities, databases and servers.
16. Modification and Takedown of Materials
We will try to keep Your Materials in their original form. We will only edit, move or delete Material if required by law or if the Materials do not comply with these Moderations Rules. We may if we think it is necessary, place Your Material in a moderation queue for our Personnel to review, prior to making Your Material available on the forums. Our determination of whether Your Materials comply with these Terms of Use is final. If required, we will cooperate with any authorities in relation to any Materials that have been uploaded to our Facilities.
17. Reporting Materials
If You consider that there are Materials which have been uploaded by other users which contravene these Terms of Use, please notify us by Emailing info@panaltix.com. Please do not respond to the Materials Yourself or issue warnings to the other users regarding the content of their Materials. Failure to comply with this requirement may result in You receiving a warning or other disciplinary action from us.
18. No Duty of Care
If You are in Australia, New Zealand or any other country other the USA, Canada, UK or Ireland, these Terms of Use are between Panalitix Pty Ltd (ACN 600 462 155) of 59 Doggett Street, Newstead, Queensland, Australia (PPL) and the party named in the Personal Details section in the Online Purchase Form).
Users access the Sites at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms of Use.b. PPL makes the Sites available for Users to use, however, PPL does not assume a duty of care to Users. PPL makes no representation and provides no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Sites. If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on the Content.
19. Disclaimer of Warranties
Users expressly acknowledge and agree that to the maximum extent permitted by law their use of our Websites is at their sole risk. The service is provided on an “as is” and “as available” basis. Panalitix and its officers, employees, agents, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Panalitix and its Personnel make no warranty the Content will meet Users requirements that:
Furthermore:
20. Limitation of liability
Except for certain statutory warranties under consumer protection laws PPL does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or Users use of the Content on this Sites. Subject to any claims available under consumer protection laws, PPL, its officers, employees, agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
For claims that cannot be excluded or restricted under consumer protection laws, the liability of PPL for such a claim will (at PPL’s option) and to the extent permitted by law) be limited to:
21. Links to Third Party Sites
PPL does not represent that the Content on other Websites to which our Sites contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world. By inadvertently linking to infringing third party content, PPL is not authorising infringement of any intellectual property rights contained on those Websites. Please contact us at info@panaltix.com to notify us of any links Users allege are infringements.
22. Access to the Sites outside the Jurisdiction
No representation or warranty is made that the Content on the Sites complies with the laws of any country outside of Australia. If Users access the Sites from outside Australia, Users do so at User’s own risk.
23. Trademarks
PPL may be the owner of several common law (or where indicated), registered trademarks which appear on the Sites. Unauthorised use of these trademarks will infringe our intellectual property rights. If Users have infringed our rights in this regard PPL reserves the right to take appropriate action.
24. Changes to Terms of Use
PPL may change the Terms of Use at our discretion by providing notice on our Websites. The version of the Terms of Use that applies to Users will be available on the Sites each time a User visits the Sites.
25. Entire agreement
These Terms of Use and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with PPL’s Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms of Use.
26. Indemnity
By using the Sites, Users indemnify PPL and PPL’s respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that PPL may incur or suffer as a direct or indirect result of:
27. Governing law and jurisdiction
The laws of Queensland and Australia govern this Agreement. The Users submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
28. Severance
If any part of these Terms of Use is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of the document and the severed part will not affect the validity and enforceability of the remaining Terms of Use.
29. Waiver
If PPL does not act in relation to a particular breach by User(s) of these Terms of Use, this will not be treated as a waiver of PPL’s right to act with respect to subsequent or similar breaches.
Our Terms of Use may change from time to time. The current version is available on all of our Websites. This policy was last updated on 01 August 2023.
© Panalitix Pty Ltd
© Panalitix USA Inc.
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