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CTV P/L will provide online testing software, application hosting, data storage, and other testing and assessment related services to you, our Customer, under the following terms:
NO UNLAWFUL OR PROHIBITED USE
You acknowledge that CTV P/L does not regulate or take any responsibility for the content of information, files, images, or other communication transmitted to or by Spirare. You warrant that you have all rights necessary to lawfully submit any information or material that is uploaded to your application, including all intellectual property rights.
You agree not to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory content, or any content expressing hate towards any person or groups of persons due to race, religion, colour, creed, national origin or sexual orientation. You agree not to upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of illegal solicitation. You agree not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree to indemnify CTV P/L against actions brought by a third party as a result of such material or information or transmission, or as a result of your use in any way of Spirare or the services provided by CTV P/L.
ACCOUNT, PASSWORD AND SECURITY
You agree to use a secure and standard web browser such as Microsoft Internet Explorer or Chrome to access Spirare.
When you open your business space account, you will select a login ID and password. You are responsible for maintaining the confidentiality of your login ID and password. You are also responsible for all uses of your account, whether or not actually or expressly authorised by you.
You agree not to use Spirare in any manner that could damage, disable or impair any of CTV’s servers, computer systems or network, or interfere with any other party’s use and enjoyment of Spirare, or any of CTV P/L software applications or services. You agree not to attempt to gain unauthorised access to any of CTV software applications or services, other accounts, servers, computer systems or networks. You agree not attempt to obtain any materials or information not intentionally made available through Spirare, or to reverse engineer, decompile, or disassemble the software code. You may not use anyone else’s account at any time, without the permission of the account holder.
You retain ownership of all your data, created by you and rightfully belonging to you, while properly accessing Spirare under your login ID. CTV P/L respects your privacy, and will not use, sell, rent, trade or otherwise disseminate or disclose your data to itself or any third party, except as required by law or by your authorised written request or consent.
If, at any time, we, CTV P/L, believe you, the Customer, are in breach of any of the terms and conditions contained in this agreement, we may immediately terminate this agreement without liability.
CTV P/L makes no warranties of any kind, whether express or implied, for the services to be provided hereunder.
You, agree that CTV P/L shall not be liable for any losses or damages of any kind to you including, but not limited to, those that may result from service interruptions, delays, non-deliveries, or mis-deliveries. Additionally, CTV P/L makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the data or file was lost. You are solely responsible to handle your backup strategy.
You agree to provide accurate and up-to-date contact information to CTV P/L, at the time you open your account, and as long as you use your account or it is active. You can update this information in your account by going to My Account > Edit Information. CTV P/L respects your privacy, and all your information is kept secure and confidential.
You are signing up to a subscription service where the charged monthly or yearly fee is non-refundable. It is your responsibility to ensure that you cancel your service subscription using the provided method found within our application. When a cancellation occurs before the anniversary date of your billing cycle, the balance is non-refundable. A cancellation is irreversible, and your data will be deleted permanently.
The standard form a payment is via Paypal for hosted applications. Alternative arrangements can be made via negotiations with CTV’s management.
LITIGATION AND ATTORNEY’S FEES
In the event of any dispute arising out of or relating to this agreement, such dispute shall be resolved in the State of QLD , Australia , and the prevailing party in any such dispute shall be entitled to reasonable costs, including collection costs, and attorney’s fees.
ENTIRE AGREEMENT AND SEVER-ABILITY
This represents the complete agreement and understanding between CTV P/L and Customer with respect to the subject matter herein. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.