TERMS AND
CONDITIONS
ENOTEFILE
About our Terms
1)
These terms and conditions ("Terms") apply when we (eNoteFile
Services Pty Ltd ACN 132 855 308) allow you to
download, install and use our eNoteFile software ("eNoteFile").
2)
By installing or using eNoteFile, you agree to be bound by these Terms.
3)
We may amend these Terms from time to time. Any amendment will be
effective immediately upon being communicated to you. Your continued use of
eNoteFile after any amendment becomes effective will constitute your agreement
to be bound the Terms as amended.
4)
If any of these Terms are unenforceable, it shall be read down so as to
be enforceable, or if that is not possible, the term shall be severed from the Terms
without affecting the enforceability of the remaining Terms.
Trial Period and
ongoing Subscription
5)
You may download a trial version of eNoteFile for a specified period
starting from the date of download ("Trial Period"). The trial
version available is a limited use version. For more information see our
website.
6)
Following the end of the Trial Period, you will be prompted to subscribe
for ongoing access and use of the full eNoteFile suite.
7)
Subscriptions are available on a monthly basis. Further information
about the subscription fees is on our website.
Software Licence
8)
In consideration of payment of your monthly subscription, we grant you a
non-exclusive, royalty-free licence to:
a. install
eNoteFile on your compatible hardware;
b. use it for
records entry and management ("Purpose"); and
c. copy it for the
Purpose, including back-up.
9)
You are not permitted to transfer your software licence to any other
person.
10)
You agree that you will not:
a. use eNoteFile other
than for the Purpose;
b. modify it,
except for purposes permitted using its standard menu options;
c. disable any
feature of it, except using its standard menu options;
d. block any
advertisement or other message it is intended to display;
e. reverse
engineer, decompile or disassemble it;
f. give it,
or copies of it, to anyone else;
g. create any
derivative copy of it;
h. use it to
provide bureau or outsourced services;
i. install
or use it in breach of these Terms, or if you do not agree to these Terms; or
j. encourage
or authorise anyone else to do something that would breach our Terms if you did
it.
Termination of
Software Licence
11)
We may terminate the software licence granted to you if:
a. your operating
systems and equipment are not compatible with the minimum requirements
specified on our website;
b. you use
eNoteFile in breach of these Terms;
c. your use of
eNoteFile becomes unlawful;
d. you fail to pay
any fees and charges payable to us by their due date; or
e. an emergency
requires it.
12)
You are not entitled to any refund of your subscription fees and other
charges in the event of termination.
13)
eNoteFile data uploaded and stored at our data server may be deleted if:
a. your licence to
use eNoteFile is cancelled or terminated, or
b. you do not use
eNoteFile Sync for an extended period of time – but we will contact you by
email before deleting your data.
Operating
Requirements
14)
To use eNoteFile, compatible computer equipment and internet access is
required. The minimum operating requirements necessary for eNoteFile are set
out in our website. You must obtain and maintain these minimum operating
requirements and equipment at your own cost.
15)
We reserve the right, without notice and without liability, to:
a. vary or modify
eNoteFile;
b. change or
discontinue any feature of eNoteFile; and
c. vary or modify
the minimum operating requirements and equipment necessary to use eNoteFile.
16)
We do not warrant, guarantee or represent that eNoteFile will be free
from human or mechanical error, technical inaccuracies, computer viruses or
other defects. It is your responsibility to complete a virus check on your downloads.
Third party
components
17)
eNoteFile uses software components owned and licensed by third parties.
Your use of these components is subject to their respective licence terms as
below:
·
Siberix Report Writer http://enotefile.com/licensing/siberix.pdf
·
Atalasoft DotTwain Scanner Component http://enotefile.com/licensing/AtalasoftDotTwain.pdf
·
Microsoft Office UI http://enotefile.com/licensing/OFFICE_UI.pdf
eNoteFile Sync
18)
eNoteFile includes the ‘eNoteFile Sync’ function. eNoteFile Sync allows
you to use eNoteFile in conjunction with our hosted data storage service to:
a. upload and store
your eNoteFile data at our data centre; and
b. access your
eNoteFile data over the internet.
19)
You must use eNoteFile Sync intermittently to use eNoteFile, although eNoteFile
data can be used on your local computer. Further information is available on
our website.
20)
If you registered your eNoteFile as part of our beta model then you can
use eNoteFile Sync to store eNoteFile data up to our standard data limit of
100MB or such other limit that we may decide from time to time. If you require
storage above our standard data limit, additional charges may apply.
21)
If you are an eNoteFile subscriber then eNoteFile Sync is included in
your subscription. For further details see our website.
22)
By using eNoteFile Sync, you must:
a. keep us informed
of your current contact details at all times;
b. comply with any
rules or technical requirements we notify to you, from time to time, regarding
eNoteFile Sync;
c. use it to
upload, store and access eNoteFile data only, as part of eNoteFile’s standard
functionality; and
d. pay additional
charges if you require more storage than our standard data limit.
23)
eNoteFile Sync is suitable for business or commercial use only. You must
not use it for personal, domestic or household use or consumption.
Updates
24)
From time to time, we may (but are not obliged to) create a new, updated
or enhanced version of eNoteFile ("New Release"). If we create a New
Release, we may (but are not obliged to) make it available to you.
25)
If we make a New Release available to you:
a. we may require
you to use it instead of a superseded version;
b. these Terms will
apply unless we specify otherwise; and
c. we do not
guarantee that any superseded version will remain available.
Technical Support
26)
We will provide general service and technical support to you in accordance
with our technical support policies in effect from time to time. We may revise
our general and optional service and support programs from time to time.
27)
We have no obligation to provide services or support until and unless we
have received your full monthly subscription payment.
Privacy
28)
It is your responsibility to appropriately collect, use, record, store
and transmit any personal information entered into eNoteFile in accordance with
the privacy legislation that applies to you. You must obtain any consents
necessary to your collection of personal information, and indemnify us from and
against any claims that may be made against us under the privacy legislation.
Liability and Disclaimers
29)
We do not warrant, guarantee or make any representation regarding the
accuracy, adequacy, reliability, completeness or timeliness of eNoteFile, or
that it is suitable for your intended use. eNoteFile is provided by us in good
faith and on an "as is" basis.
30)
We do not warrant that eNoteFile (including eNoteFile Sync) will operate
continuously or be free from errors.
31)
We will not be liable to any party in any way for any injury, loss or
damage arising out of or related to the use (or the inability to use)
eNoteFile. We will not be liable under any circumstances for any direct,
indirect, incidental, special or consequential loss or damage, including loss
of programs or data, corrupted programs or data, deleted programs or data, loss
of business, business interruption or lost profits. If your use of eNoteFile
results in the need for servicing or replacing of equipment, we will not be
liable for those costs.
32)
We are not liable to you for, and you release us from and indemnify us
against, any harm, loss, damage, claim, demand, action (including, without
limitation, for loss of profits or anticipated savings, economic loss, loss of
data or any indirect or consequential damages) that you or anyone else may
suffer or be entitled to make or bring in connection with or arising out of
eNoteFile, including but not limited to by virtue of breach of contract or
negligence by us or anyone for whose acts and omissions we are vicariously
responsible.
33)
Nothing in these Terms is to be interpreted as excluding, restricting or
modifying the effect or application of any legislation that cannot be so
excluded, restricted or modified. Where our liability cannot be excluded, our
liability is limited to the reasonable costs of the re-supply of eNoteFile, or
the refund of your subscription charges.
Intellectual
Property
34)
© eNoteFile Services Pty Ltd. All rights reserved.
35)
You acknowledge and agree that all of the content, coding, graphics, and
data tables of eNoteFile are protected by copyright, trade mark and other
intellectual property rights and laws.
36)
You must not register or record or attempt to register or record
anywhere in the world any of our intellectual property, or any copyright, trade
marks, or designs derived from or similar to our intellectual property, or aid
or abet anyone else to do so.
37)
Any variation, modification or improvement to eNoteFile, whether
attributable in whole or in part to you, will become and remain our property.
You assign to us any intellectual property rights that you may create or
acquire as a result of your use of eNoteFile.
38)
You own all data that you upload. You must not upload any data that is
illegal or which infringes another person’s intellectual property rights.
39)
You must not copy, reproduce, modify, republish, upload, post, transmit
or distribute in any form or manner whatsoever any part of eNoteFile without
our prior consent.
Compliance with
Laws
40)
You must comply with all laws that apply to you, your business and your
use of eNoteFile.
41)
You are responsible to maintain all necessary documentation in
accordance with legislative requirements applicable to you.
Governing Law
42)
These Terms are subject to the laws of Victoria, Australia. You must
submit to the jurisdiction of the Courts of Victoria, and of Courts entitled to
hear appeals from those Courts.
43)
If for any reason these Terms or any legal action under or concerning
them or eNoteFile is held to be subject to the law of a place other than
Australia, our liability to you is limited to the fullest extent possible under
the law of that place.
May, 2010.