Terms and Conditions
Last Updated 03 February 2019
In these Terms, ‘us’, ‘we’ and ‘our’ means Trialwise Pty Ltd.
You may need to be a registered member to access certain features of our Site, Apps or Services.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the Site, Apps and Services in accordance with these Terms.
2 Collection Notice
We collect personal information about you in order to
- respond to your enquiry
- provide the Services to you as our customer;
- inform our continued development of the Site, Apps and Services;
- communicate with you from time to time in response to your requests for information or as may be relevant to your account with us;
- send marketing communications related to the services we provide. (we expect to keep this type of email to a minimum); and
- as required by applicable law or legal requirements pertaining to records retention or for internal administrative purposes; or
- as specifically authorized by you in writing.
We may disclose that information to third parties that help us deliver our Site, Apps and Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
4 Use of Site, Apps and Services
Subject to your compliance with the Terms and the law, you may access and use the Site, Apps and Services.
4.1 Subscription based App License.
If we provide Apps to you as part of a subscription, then subject to your compliance with the Terms, we grant you a non-exclusive license to install and use the App: (a) as long as your subscription is valid; (b) as long as it does not exceed the total number of licenses purchased and (c) is consistent with the Terms and related documentation. Your subscription lets you activate the App on one device at a time.
4.2 Device-Based App License.
If you have purchased a licence based on number of devices or users, then:
(a) License. Subject to your compliance with the Terms, we grant you a non-exclusive license to install and use the App: (i) during the term of the license; (ii) within the license scope; and (iii) consistent with the Terms and related documentation accompanying the App.
(b) Distribution from a Server. If expressly permitted by Trialwise, you may install a copy of the App onto a computer within your Intranet solely for the purpose of facilitating the download and installation of the Software onto devices within the same Intranet. However the number of license installations may not exceed the total number of Software licenses you purchased. “Intranet” means a private, proprietary computer network accessible by you and your authorized employees and contractors. Intranet does not include portions of the internet network communities open to suppliers, vendors, or service providers or network communities open to the public ( such as membership or subscription-driven groups, associations and similar organisations).
4.3 Other License Types
(a) Trial Version. We may designate the Services or Software as ‘trial”, evaluation’, ‘not for resale or similar (“Trial Version”). You may install the Trial Version only for the period and purposes stated when we provide the Trial Version.
(b) Pre-release Version. We may designate the App or Service, or a feature of the App or Service as a pre-release or beta version (“Pre-release Version”). A Pre-release Version does not represent the final product and may contain bugs that may cause the system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly destroy all copies of the Pre-release Version if we request you to do so.
4.4 Restrictions and Requirements.
(a) Proprietary Notices. You must ensure that any permitted copy of the App that you make contains the same copyright and other proprietary notices that appear on or in the App.
(b) Restrictions. Unless permitted in the Terms you must not:
(i) use or offer the Apps on a service bureau basis;
(ii) host or stream the Apps;
(iii) allow third parties to access the Apps remotely;
(iv) circumvent technological measures intended to control access to the Apps;
(v) develop, distribute, or use with the Apps, products that circumvent the technological measures or
(vi) rent, lease, sell, sublicense, assign or transfer your rights in the Apps or authorise any portion of the Apps to be copied onto another’s device,
The Apps may automatically download and install updates from Trialwise from time to time. These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from Trialwise as part of your use of the Apps.
4.6 Your Content.
Content means any material, documents, images, data or files that you upload and import into the Site, Apps or Services as part of your use.
Ownership. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
Export. Some Apps and Services provide features that allow you to Export your Content. Please carefully consider what you choose to export as you are responsible for the Content that you export.
5 Linked sites
Our Site and Apps may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
6 Account Information
You are responsible for all activity that occurs via your account. Please notify Customer support immediately if you become aware of any unauthorised use of your account. You may not (a) share your account information (except with an authorised account administrator); or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Site, Apps and Services.
7 Intellectual Property Rights
Unless otherwise indicated, we remain the sole owner of all rights, title and interest in the Site, Apps and Services. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or other rights in respect of the items in the Site, Apps and Services. We reserve all rights not granted under the Terms.
Your use of the Site, Apps or Services, and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Site, Apps or Services. However we do grant you a licence to access the Site, Apps and Services and view the content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of the Site, Apps or Services is prohibited and may result in civil and criminal penalties. In addition, you must not copy the content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of the Site, Apps or Services, or any part of it is prohibited, except to the extent permitted by law.
8 User Conduct
Misuse. You must not misuse the Site, Apps or Services. For example you must not:
(a) Engage in behaviours that are unlawful or prohibited by any applicable laws, or violate anyone’s intellectual property rights.
(b) Use the Site, Apps or Services, in a manner that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or the legal rights of individuals;
(c) Enable or allow others to use the Site, Apps or Services using your account information;
(d) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
(e) Copy, modify, host, stream, sublicense or resell the Site, Apps or Services;
(f) Access or attempt to access the Site, Apps or Services by any means other than the interface we provide or authorize;
(g) Circumvent any access or use restrictions put in place to prevent certain uses of the Site Apps or Services
(h) Use the Site, Apps or Services, to defame or libel us, our employees or other individuals;
(i) Upload files that contain viruses that may cause damage to our property or the property of other individuals;
(j) Post or transmit to the Site, Apps or Services any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to the Site, Apps or Services we have the right to take down this information at our sole discretion and without notice.
9 Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Site, Apps or Services, or information contained therein including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Site Apps or Services will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to the Site, Apps or Services, any information, or any feature of the Site, Apps or Services at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Site, Apps or Services and/or the information or materials contained on it, or as a result of the inaccessibility of the Site, Apps or Services and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
11 Jurisdiction and Governing Law
Your use of the Site, Apps and Services and these Terms are governed by the law of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
12 Application Platform Terms
Apple. If the App is downloaded from the Apple iTunes Store, then you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services for the App. To the extent that the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App.