Terms of Service
Safearth Terms of Service
Last updated: 4 September 2019 (previous versions)
This contains important information. Please read carefully.
These Terms of Service (“Terms“) cover your use of the services and software (“Services“) provided by us, The Peak Group Pty Ltd, trading as Safearth (“Safearth“). Safearth is a registered trade mark and business name of The Peak Group Pty Ltd.
By using our Services, you are agreeing to these Terms and that this agreement is enforceable like any written agreement. If you do not agree to the Terms, or if you are under 18 years old or are incapable of entering into a legally binding agreement, you need to immediately stop using the Services.
You may need an individual user account (“Safearth ID“) in order to use some of our Services. You may create your own Safearth ID, or your Safearth ID may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Safearth ID assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
You are responsible for your Safearth ID and all activity carried out under your Safearth ID. Keep your password confidential and don’t allow other people to use your Safearth ID. If you are concerned your Safearth ID is no longer secure, contact us immediately.
If you are using the Services as part of a business, then you must be authorized to sign for and bind the business to accept the Terms. All licences granted to the business under these Terms are expressly conditioned upon acceptance by such authorized personnel. The business will hold harmless and indemnify Safearth and its employees, agents, contractors, subcontractors and consultants (“Associates“) from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Changes to the Services
We may sometimes make changes to the Services and updates to the Software. We will reasonably act to minimise any negative impact on you, but some of these changes may mean that certain aspects of the Services are no longer available.
Using our Services
We want to make sure you get value out of our Services. Rather than provide hard limits on usage, we prefer where feasible to allow more freedom to you. Our Fair Use Policy (www.safearth.com/fair-use-policy) details your responsibilities when using our Services.
Where the Services includes software (“Software“), Safearth grants you a non-transferable, non-sublicensable, non-exclusive, worldwide licence to use the Software, and to develop designs and other content in connection with the normal course of the operation of such Software.
This licence is dependent on:
- your adherence to the Fair Use Policy. If in our opinion you have not acted in accordance with the Fair Use Policy, we may revoke the licence.
If you are using the Software as part of a business, this licence is granted to your business, not to you personally.
If there is a separate, current, executed agreement between Safearth and you regarding the Services, and there is any discrepancy between a term of that agreement and these Terms, the relevant term of that agreement will apply. Any terms and conditions stated on a related purchase order will not apply and are null and void.
Safearth may choose to make our Software or Services available for a trial period.
Safearth may also occasionally release Software marked as beta (or a word with similar meaning) for a trial period. This is software that is still being tested and may not be as reliable as other software.
Any use of our Software or Services during such trial period will be subject to these Terms. At the end of a trial period, you must delete any downloaded or installed Software and associated documentation and files.
Safearth may choose to make the Services available to educational institutions for educational purposes. In such cases, use of the Services will be subject to these Terms, but may not be used for commercial, professional or other for-profit purposes.
Network, Data and Privacy
If in using the Services you create or upload anything for which you hold intellectual property rights, this remains yours. However when you use our Services, you give Safearth a worldwide licence to access and use, store, modify and publish all Data for reasonable activities, including providing support, maintenance and development of our Services, and research and development relating to the purpose of our present and future Services.
We aim to develop and provide great Services, but Safearth can’t make any commitments or guarantees regarding the Services. Other than that required by law, we make no warranties about our Services. We provide the Services “as is”. We also exclude warranties of merchantability, fitness for a particular purpose and non-infringement, to the extent permitted by law. Safearth makes no warranties with respect to any third party components of the software.
Where permitted by law, Safearth and its suppliers will not be liable to you (or your business, or any person claiming through you) for any liability, cost or loss incurred, arising directly or indirectly out of any use of the Services, or act or omission of Safearth or Safearth’s Associates, whether negligent or not. In all cases, we will not be responsible for any loss or damage that is not reasonably foreseeable. Notwithstanding any other provision of the Terms, Safearth and its suppliers’ entire liability to you shall not exceed the amount actually paid by you to Safearth for the Services.
When you use our Services, you warrant you have not relied on any written or oral representation made by Safearth which has not been stated expressly in these Terms. You indemnify and hold each of Safearth and its Associates harmless against any liability, cost or loss (including legal costs on a solicitor-client basis and consequential loss) incurred by Safearth or any of its Associates arising from your breach of these Terms, and from any claim against Safearth or any of Safearth’s Associates by any third party, including your customers and Associates, in connection with the Services.
Intellectual Property and Confidentiality
Safearth owns all intellectual property rights (including without limitation copyright, patent, design, trademarks, trade secret, confidential information and other intellectual property rights) in the Services and no transfer of any such rights to you or your business occurs as a result of the provision of the Services or any “purchase”, “sale” etc. of the Services, except for the limited license rights expressly provided herein.
You must not do or permit any act or thing, or authorise, aid or abet any other person from doing any act or thing, which might in any way infringe, impair, damage or prejudice Safearth’s intellectual property rights or goodwill – including seeking to reverse engineer the Services or any part of the Services.
Any software, documentation or technical information provided by Safearth or its Associates shall be deemed “Safearth Confidential Information” without any marking or further designation. Except as expressly authorized herein, you will hold in confidence and not use or disclose any Safearth Confidential Information. You acknowledge that disclosure of Safearth Confidential Information would cause substantial harm to Safearth that could not be remedied by the payment of damages alone and therefore that upon any such disclosure by you, Safearth shall be entitled to appropriate equitable relief in addition to whatever remedies it might have at law.
Changes to Terms
We reserves the right to change the Terms from time to time at its discretion. Updated Terms will be made available to you. Renewal or extension of your subscription following the posting of any changes to the Terms will confirm your acceptance of those changes.
These Terms are governed by the law of New South Wales, Australia. You and Safearth submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
You can stop using our Services at any time. Safearth can also stop providing the Services at our convenience, or if in our opinion you have not complied with these Terms or not acted in accordance with the Fair Use Policy.