Website Terms of Use

Website Terms of Use

Welcome to the Planalysis website. As a user of this website, you are bound by the following Terms of Use and you should carefully read and review all of these terms. Continued use of the Site signifies acceptance to these Terms of Use. If you do not agree with these Terms of Use, you should stop using the Planalysis Site immediately.

Licence

Bytel Information Services Pty Ltd (Bytel), the owners of Planalysis, grants to you a licence to use its website, and by accessing the website you accept and agree to these Terms of Use. Pursuant to this licence you acquire a non-exclusive right to:
   a.    View the material in the website.
   b.    Access material contained in the website.
   c.    Use the website in any other way that is permitted by this licence or these terms.

Your Obligations

In accessing or using our websites you agree that you will:
   a.     not use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our website;
   b.     not use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
   c.     not undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem,
           in our sole discretion to be unreasonable or disproportionate site usage;
   d.     not transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
   e.     not use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose
           which it is made available;
   f.      not violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
   g.     not pose as any person or entity or use another person's name, user name or password to access the website or receive services offered by Bytel;
   h.     act in a manner that does not violate any Term of Use or other condition posed by us or any applicable law;
   i.      not reproduce, republish, retransmit, modify, adapt, reverse engineer, distribute, translate, create derivative works or adaptations of, publicly display,
           sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorised by us;
   j.      not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
   k.     destroy any copies, electronic and printed, or any material obtained from this website that you have in your possession or control or otherwise return
           or dispose of such material as directed by Bytel, if at any time Bytel terminates this licence;
   l.     allow Bytel to use, reproduce, publish, modify, adapt or transmit any information which you post on the website or transmit to Bytel, without restriction and
          free of charge, subject to the Bytel’s Privacy Statement;
  m.   indemnify and keep indemnified Bytel against all liabilities, damages, claims, losses, costs and expenses which Bytel may incur to you or any other person
         as a result of your breach of the provisions of these terms; or
  n.    not to permit any other person to do any of the things which you agree not to do.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Contributions

The website enables users to upload content known as Contributions. Bytel may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Bytel may also remove or disable access to any or all your Contributions if it considers that:
   a.      those Contributions are in breach of any law or regulation;
   b.      those Contributions infringe the intellectual property rights of any third party;
   c.      it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
   d.      those Contributions are:
               i.  misleading or deceptive; 
              ii.  inappropriate having regard to the purpose of our websites;
             iii.  likely to cause offence; 
             iv.  materially incorrect;
              v.  obscene;
             vi.  defamatory; 
            vii.  otherwise unlawful; or
           viii.  corrupted, due to the presence of a virus or other disabling code.

Disclaimer

Bytel does not warrant that the material on this website is accurate, complete or up to date. Bytel does not warrant that this website or any third party website will be uninterrupted or without error or defect or virus or other harmful component or that any error, defect or virus or other harmful component will be corrected. Bytel may vary, amend, alter, or withdraw this website at any time. Bytel may at any time, and without notice, limit or terminate access of a user to this website. You agree that Bytel is not responsible or liable for:
   a.    any error or omission relating to the material contained in this website, or
   b.    you acting or relying on the material on this website, or
   c.    any delay or interruption to your access to this website, or
   d.   damage to computer hardware or software or loss of information stored on a computer arising out of your access to this
         website or any third party site by a link from this website.

Links to Other Sites

The Site may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Bytel of the contents on such third-party Web sites. Bytel is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the privacy practices of such third parties. If you decide to access linked third-party Web sites, you do so at your own risk.

The collaboration (Screen Sharing) capability that is incorporated within Planalysis is a third party website / application (JoinMe) provided by LogMeIn. Use of this functionality is subject to the LogMeIn Terms of Service and Privacy Policy. Should you not agree with these terms or policies you should refrain from using the screen sharing functionality.  

Intellectual Property Rights

All the information, graphics and material displayed on or available on the Site, and all the underlying source code and software, is owned or used under license by Bytel, and is protected by copyright, trademark and other intellectual property laws. You agree not to do anything that would infringe Bytel's intellectual property rights in the Material.

Changes to these Terms

Bytel may at any time change, vary, amend, alter or withdraw these Terms of Use. It is your responsibility to review and consider the Terms of Use every time you use this website.

Jurisdiction

These Terms of Use are governed by and construed according to the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts in Victoria in matters concerning this licence.

General

These Terms of Use must be read in conjunction with the Bytel’s Privacy Statement. If there is any discrepancy or difference between material on this website and material contained in any written publication, form, or agreement of Bytel then the written version prevails. If any of these Terms of Use are held by a court to be invalid, then the invalid Terms of Use shall be excised and the remaining Terms of Use shall continue in full force and effect. A failure by us to pursue any legal right against a user does not constitute a waiver by us of that right.

Definitions

In these Terms of Use:
  a.   Bytel means Bytel Information Services Pty Ltd (ABN 33 072 710 368) and all or any of its related bodies corporate within the meaning of the
        Corporations Act 2000 (Commonwealth) and includes its officers employees and agents.
  b.   link means any mechanism for providing a link or transfer from one location on the Internet (or a web page) to another location on the Internet
        (or a different web page or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.
  c.   Material refers to any word, statement, photograph, graphic or any other thing appearing on or located on the website.
  d.   Contributions means information including data, text, video, still images, audio or other material that Bytel has permitted you to host, share, publish, post,
        store or upload on the websites as permitted under these terms.
  e.   Terms of Use, Terms means these Terms of Use or any of them or any modification, substitution, variation or amendment to these Terms of Use.
  f.   third party site means any website owned or controlled by any person other than Bytel.
  g.   we, us, our (or any variation thereof) means or is a reference to Bytel.
  h.   the or this website means planalysis.com or any variation of this domain name or any web page or material which can be accessed through planalysis.com
        which is owned or controlled by Bytel.
  i.   user, you or your (or any variation thereof) means or is a reference to a user of this website.

Contacting us

If you have any questions about the Terms of Use, the practices of this site, or your dealings with this site, please contact us at:

    Bytel Information Services (Planalysis)
    PO Box 394 Canterbury VIC 3126 AUSTRALIA
    Phone: +61 418 539 664
    Email: support@planalysis.com
 

Last Updated: February 2015