These general terms and conditions are the contract between you and WillowSoft (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are WillowSoft Pty Ltd, a company registered in Australia, number ABN 21 626 791 231. Our address is Townsville QLD 4810.
You are: Anyone who uses Our Website willowsoft.com.au/
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
If you are a user of one of our WillowSoft platforms please refer to the specific terms and conditions provided to you prior to logging onto our platform.
These are the agreed terms
“Content”
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.
"Intellectual Property"
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.
“Services”
means the service provided from Our Website.
You agree that at all times you will:
2.1 not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
2.2 notify us of any suspected infringement of the Intellectual Property;
2.3 so far as concerns our work provided or made accessible by us to you, you will not:
2.3.1 copy, or make any change to any part of its code;
2.3.2 use it in any way not anticipated by this agreement;
2.3.3 give access to it to any other person than you, the licensee in this agreement;
2.3.4 in any way provide any information about it to any other person or generally.
2.4 not use the Intellectual Property except directly as intended by this agreement or in our interest.
3.1 When you visit Our Website, you accept responsibility for any action done by any person using your name.
3.2 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3 You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may delete your details.
4.1 Our privacy policy is strong and precise. It complies fully with the current privacy law which is at https://www.willowsoft.com.au/privacy
4.2 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domain and in any medium. You represent and warrant that you are authorised to grant all such rights.
4.3 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
4.4 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your Content as provided in the Copyright Act 1968.
4.5 Posting Content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
4.6 You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
4.7 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity which is or may:
5.1 be unlawful, or tend to incite another person to commit a crime;
5.2 consist in commercial audio, video or music files;
5.3 be obscene, offensive, threatening, violent, malicious or defamatory;
5.4 be sexually explicit or pornographic;
5.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
5.7 post Content on behalf of some other person, or impersonate another person;
5.8 request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
5.9 be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
5.10 facilitate the provision of unauthorised copies of another person's copyright work;
5.11 link to any of the material specified in this paragraph;
5.12 send age-inappropriate communications or Content to anyone under the age of 18.
6.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.
6.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
6.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
6.4 Our Website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
6.5 The WillowSoft Website and WillowSoft Services are provided “as is”. We make no representation or warranty that Our Website will be:
6.5.1 useful to you;
6.5.2 of satisfactory quality;
6.5.3 fit for a particular purpose;
6.5.4 available or accessible, without interruption, or without error.
6.6 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
6.7 We accept no responsibility for third party advertisements which are posted on Our Website or through the Services.
6.8 We shall not be liable to you for any loss or expense which is:
6.8.1 indirect or consequential loss; or
6.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
6.9 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
7.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
7.2 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7.3 Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
7.4 The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland and you agree that any dispute arising from it shall be litigated only in that State.
Last updated 16 March 2023