Last revised on: 16 February 2017
The website located at https://truii.com (the “Site”) is a copyrighted work belonging to Truii Pty Ltd, Australian Company Number 164 466 700 (“Truii”, “us”, and “we”). The term ‘you’ refers to the user or viewer of the Site.
(1) Introduction
These terms of use govern your use of our website; by using our website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.
(2) Licence to use website
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(d) edit or otherwise modify any material on the website; or
(e) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If you generate a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so.
We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.
(5) User content
By using our Services you provide us with information, files, and folders that you submit to Truii (“your data”). You retain full ownership of your data. We do not claim any ownership to your data. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
How we collect and use your information generally is also explained in our Privacy Policy.
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services.
We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
The Services provide features that allow you to share your data with others or to make it public. Please consider carefully what you choose to share or make public. Truii has no responsibility for that activity.
Files and other content in the Services may be protected by intellectual property rights of others. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services.
Your content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
(6) Data Retention
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.
(7) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(8) Limitations and exclusions of liability
Nothing in these terms of use will:
(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable for damages, direct or consequential, resulting from your use of the Service, any failure to provide Service, suspension of Service, or termination of Service. We do not guarantee the availability of the Service.
You agree not to hold us responsible for data loss or interruption of services of any kind. You agree not to hold us responsible for data loss or interruption of service from other web services that we depend on or transfer or receive data from.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
(9) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of us, or arising out of any claim that you have breached any provision of these terms of use.
(10) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
(11) Variation
We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of publication of the revised terms of use on our website.
(12) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
(13) Exclusion of third party rights
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.
(14) Entire agreement
Subject to the first paragraph of Section [9], these terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website.
(15) Law and jurisdiction
If you are located in Australia or elsewhere in the world, this Agreement is governed by, and must be construed in accordance with, the laws of the State of Queensland, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia and their Courts of Appeal.
(16) Registrations and authorisations
All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
(17) Our details
Name: Truii PTY LTD
ACN: 164 466 700
ABN: 20 164 466 700
Registration date: 25/06/2013
