Last updated on May 1st, 2011.
Welcome to PASource. The web pages available at www.pasource.com.au and all sub-domains thereof (the “Site”) are owned and operated by PASource Pty Ltd (the “Company”, “us”, “we”, and “our”) and are accessed by you and/or your agents, employs, or assigns (the “Subscriber”, “user”, “you” or “your”) under the following terms and conditions. All of our services (as described more fully on the Site) (the “Services”) are governed by these Terms and Conditions (the “Terms”, the “Terms and Conditions”, or the “Agreement”).
We may, from time to time, without notice, update or revise the Terms and Conditions. If we update or revise the Terms and Conditions, we will notify you either by email to your most recently-provided e-mail address, or by posting the updated or revised Terms and Conditions on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms and Conditions as updated or revised. You can view the most current Terms and Conditions at any time by clicking on the Terms and Conditions link at the bottom of the Site’s home page. It is your responsibility to review the Terms and Conditions periodically.
If you violate the Terms and Conditions, we may terminate any and all accounts you have established at the Site (your “Account(s)”). You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).
All materials displayed or performed on the Site (including, but not limited to text, graphics, applications, news articles, photographs, images, illustrations, collectively, the “Content”) may constitute our intellectual property and accordingly would be protected by copyright and/or trademark laws. The Site and the Content may only be used in accordance with the Terms and Conditions. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in the Terms and Conditions), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
When you finish the registration process, you officially become a Subscriber of PASource. Your membership allows you access to certain Content and Conditions on the Site. You are required to provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your Account(s).
Subscriber shall not (i) select or use as a PASource User ID a name of another person with the intent to impersonate that person or (ii) use as a PASource User ID a name subject to any rights of a person other than Subscriber without appropriate authorisation. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion. Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).
You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s) including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination without prior notice if you or anyone using your Account(s) violates the Terms and Conditions.
Consent to Receive Email
If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Company, including customer service issues, new product offers and other matters. Company reserves the right to email you at any time regarding issues related to your Account and your use of the Site and Service.
In consideration for your agreement to the Terms and Conditions, the Company grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable licence to access and make personal use of the Site and related Content subject to the Terms and Conditions.
Subscription Fees, Payment and Free Trials
Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. The Company reserves the right to change its price list and to vary existing charges or institute new charges at any time, upon ten (10) days prior notice to Subscriber, which notice may be sent by email or posted on the Site. Should such notice be posted on the Site, Subscriber is deemed to have received such notice on the date of such posting. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not refund any portion of unused fees for any Subscription.
Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees on invoice or with a valid credit card that is under your own name or that you are authorised to use for such purpose. Recurring subscription fees such as data storage fees paid on invoice or by credit card will automatically renew, unless you affirmatively cancel your subscription by written notice prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorised to charge the same credit card for the subscription fee. You agree to promptly notify the Company of any changes to your credit card while any subscriptions remain outstanding.
You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.
From time to time, we may offer a free trial or other promotions. If you accept a free trial or a promotion, we will begin to debit your credit card at the conclusion of the free trial or according to the Terms and Conditions outlined in the promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.
Access to the Services
Subject to these Terms and conditions, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site, solely for Subscriber’s own personal use, and not for the use or benefit of any third party. Services may include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without prior notice or liability.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, or access, the Site, or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Termination and Refund Policy
You may terminate certain of the Services at any time by emailing us at firstname.lastname@example.org. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms and Conditions. Any fees paid or accrued hereunder are non-refundable.
Effect of Termination
Upon termination of the Subscriber's Account(s), Subscriber’s right to use the Services, access the Site, and any Content as provided in the Terms and Conditions will immediately cease. All provisions of the Terms and Conditions, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Information From Other Web Sites and Services
This Site contain information from other websites. The Company does not endorse these websites, is not responsible for them, and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content.
Subscriber is solely responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activity are grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber must not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Subscriber. Subscriber will be liable for any damage or loss suffered by the Company resulting from any breach of these restrictions.
To the maximum extent permitted by law, company and its parents, subsidiaries, affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Subscriber agrees that use of the Site and Services are at his/her/its own sole risk and that the Services, content, Site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied. The Company maintains the Site on a commercially reasonable basis and does not guarantee that you will have access to the site. The information and Services may contain bugs, errors, problems or other limitations. You agree that your use of the Site and Services is at your sole risk. You will not hold Company responsible for any damage that results from your access to or use of (or loss of access to or loss of use of) the Site, including without limitation any damage to any of your computers or data.
You expressly acknowledge that you have no right, based in property or otherwise, to any data created through or generated by your access to or use of the Site and/or Services. You acknowledge there is a risk of data loss, including catastrophic disk failure which could result in a loss of all data. You agree that you will not hold company responsible for any damage that results from such loss.
Limitiation of Liability
In no event shall the Company or its parents, subsidiaries, affiliates, officers and/or employees be liable with respect to the Site or the Services for (i) any amount in the aggregate in excess of the fees paid by Subscriber therefor; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of the Site; or (iii) any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever. The Company does not endorse, warrant or guarantee any third party product or service offered through the site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Subscriber will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and/or employees, harmless, including by paying costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of the Terms and Conditions by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's Account(s), of any intellectual property or other right of any person or entity.
Without limitation to other prohibited uses specified elsewhere in this Agreement, you are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorised to access;
(b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorisation;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Services. Any violation of system or network security may subject you to significant civil and/or criminal liability.
All information available through and from the Site is the property of the Company and is protected by copyright and other intellectual property laws. All rights reserved.
You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate any information you obtain from the Site without the express written consent of the Company. You are entitled to use the information from the Site only for your personal, non-commercial use unless the Subscriber has been deemed a service provider by the Company. Service Provider is a Subscriber who has satisfied the Company that the purpose of Subscription is to promulgate and on-sell the information from the Site in the course of a genuine commercial activity.