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Website Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. WHO WE ARE AND HOW TO CONTACT US
www.scalenesolutions.com is a website (Site) operated by Scalene Group Pty Ltd (ACN 624 850 693) of PO Box 161, Fairfield, VIC 3078 (we,us and our).
To contact us, please email info@scalenesolutions.com.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.
3. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.
These terms were most recently updated in June 2024.
4. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time.
5. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of allor any part of our Site for business and operational reasons.
You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. ELIGIBILITY TO USE OUR SITE
Our Site is directed to users who are at least 18 years old and are residing in and using this Site within Australia, the United Kingdom (UK) and the United States of America (USA). We do not represent that contentavailable on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, the United Kingdom(UK) and the United States of America (USA), you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
7. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
8. DO NOT RELY ON INFORMATION ON THIS SITE
This Site is provided on an “as is” and “as available”basis, and we make no representations or warranties, express or implied,regarding the operation or availability of the Site.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees,whether express or implied, that the content on our Site is accurate, complete or up-to-date.
9. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
Without limiting the above, we may use a tool called GoAnywhere to share files and data with our clients. By using that tool you agree to the terms of use available at https://www.helpsystems.com/eula.
10. LIMITATION OF LIABILITY
In no event will we, our affiliates or their licensors,service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect,special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue,loss of profits, loss of business or anticipated savings, loss of use, loss of good will, loss of data, and whether caused by tort (including negligence),breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates,licensors and service providers, and each of their respective officers,directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments,awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of theSite, including, but not limited to, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.
11. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your technology to access our Site. You should use your own virus protection software.
12. RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage ofit. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed on any other Site, nor may youcreate a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above, please contact info@scalenesolutions.com.au.
13. AUSTRALIAN LAW APPLIES
These terms of use, their subject matter and their formation, are governed by the law of Victoria, Australia. You and we both agree that the courts in Victoria, Australia will have exclusive jurisdiction.
14. OUR TRADE MARKS
The “Scalene” name, ”S” logo, the “Space Advisor” name and term“Retail Space Intelligence” are our trade marks. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under paragraph 7. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
15. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
• in any way that violates any applicable federal, state,local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content,asking for personally identifiable information or otherwise;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” orany other similar solicitation;
• to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• to engage in any other conduct that restricts or in hibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harmus or users of the Site or expose them to liability.
Additionally, you agree not to:
• use the Site in any manner that could disable, overburden,damage, or impair the Site or interfere with any other party’s use of the Site,including their ability to engage in real time activities through the Site;
• use any robot, spider or other automatic device, processor means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with,damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.