Welcome to the AscentData website, which is provided by AscentData Pty Ltd (ACN 610 444 598) (“AscentData”, “we”, or “us”). These website terms and conditions of use (“Terms”) apply to all users and viewers of the website (“you” or “user”) even if you are just browsing, so it is important that you read and understand them.
Without limiting the way in which you may be bound by these Terms, by signing a document agreeing to be bound by these Terms, by clicking a button or checkbox on your computer screen indicating your acceptance of these Terms, or by proceeding to use the website, you will be deemed to have accepted and will be bound by these Terms.
If you do not agree to these Terms, then you must not use this website.
Your use of this website
This website is for your personal, non commercial use, unless otherwise approved by AscentData.
You are free to simply browse our website to learn more about us and what we do. You should carefully consider whether this website and the products we provide are suitable for your needs, and get independent advice if you need it.
You agree that AscentData may restrict or modify the website and its capabilities at any time (including restricting certain parts of the website for use solely by certain users), and discontinue the website (or parts of it) or the products available on the website at any time.
Whether or not you register for an account, you must not (without AscentData’s express permission):(a) post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, offensive, obscene, profane or objectionable;
(a) post or transmit anything to this website or to us, or otherwise use the website in any way, that is misleading, fraudulent or unlawful or is otherwise threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, offensive, obscene, profane or objectionable;
(b) restrict or stop other users from using or enjoying this website;
(c) access data or any part of the website that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
(d) modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on this website;
(e) use or attempt to use any material published on the website to create any web site or publication;
(f) transfer or sell any information, functionality, products or services offered on the website, or represent that you are entitled to do so;
(g) pretend that you are, or that you represent, someone else;
(h) probe, scan or test a system or network to breach security or authentication measures;
(i) track or monitor any content, user, or website functionality without our authorisation; or
(j) impose an unreasonable load on our systems or networks.
If we believe that you have not complied with these Terms at any time, we may immediately cancel or terminate your access to this website, or restrict your use of the website, and you agree that we may do so without prior notice to you and without liability to you or anyone else.
Product and/or service information
Nothing on this website shall be construed as a promotion or advertisement for a product or service which is not allowed, or is otherwise contrary to law, in the country concerned.
This website and its contents are presented in general form and provided for informational purposes only. While AscentData uses reasonable efforts to obtain information from sources which it believes to be reliable, to the extent permitted by law, AscentData makes no warranties or representations that its products are fit for any particular purpose, suitable for use by any particular person, accurate or reliable.
Information provided on this website may vary by country and not all products and or services may be available in every country. Just because a product or service is referred to on the website, it does not imply that such product or service is or will be available in your country. The products and services referred to on this website may be subject to different regulatory requirements depending on the country.
AscentData offers products for purchase via the website. If you order or purchase any product from the website, you agree:
(a) to pay the applicable fee for such product (“Product Fee”);
(b) if the product is a subscription product, to be bound to a minimum term to purchase that product (“Term”) (if any);
(c) your purchase of a product entitles you to a limited, non-exclusive, non-assignable and non-transferable license to use the product for your personal and internal business purposes only and solely on terms consistent with these Terms; and
(d) you are not entitled to use any AscentData products for commercial purposes or to aggregate, redistribute or otherwise transmit the AscentData products (including any of their content) to any other individual or entity outside of your business.
Once the Product Fee has been received by AscentData, AscentData will provide you with access to the relevant product.
If you purchase a product which is supplied or made available to you by AscentData, you agree that, subject to these Terms, you are not entitled to cancel the order for such product and you will not be entitled to a refund, return, exchange or otherwise of such product.
You acknowledge and agree that AscentData provides no warranties regarding its products, including as to format or content, or suitability for use by you.
Purchasing Subscription Products
For subscription products, unless otherwise stated, you acknowledge and agree that each Term (if any) will automatically renew for successive Terms of the same duration (or such other duration as is specified in respect of that product) unless you notify AscentData, in writing and at least 30 days prior to the expiry of the then current Term, that you do not wish to renew your order for the subscription product, or unless your order for the subscription product is otherwise terminated in accordance with these Terms.
Unless otherwise stated, AscentData will provide you with invoices in respect of the Product Fee for a subscription product on an annual basis (or such other basis as is specified in respect of each product) and you agree to pay the Product Fee by the date indicated on AscentData’s invoice, or by any other date upon which AscentData states that the Product Fee is due. Where you have authorised AscentData to do so, the Product Fee may be automatically charged to your credit card or direct debited from your nominated bank account on or before the due date.
AscentData may increase the Product Fees from time to time during the Term on notice to you (Increase Notice). If you do not agree to an increase, you will have 30 days from the date of any Increase Notice to provide AscentData with written notice terminating your order of the relevant subscription product. If you do not terminate your order, you will be deemed to accept the increased Product Fees.
You may terminate any order or agreement for AscentData to supply you with subscription products at any time with no less than 30 days’ written notice to AscentData.
AscentData may suspend or terminate any order or agreement for AscentData to supply you with subscription products:
(a) immediately if you are in breach of these Terms and, in AscentData’s sole opinion, the breach is not a capable of remedy or is a material breach;
(b) immediately if you are in breach of these Terms and fail to remedy that breach within 7 days of receiving written notice from AscentData requiring you to remedy the breach; or
(c) without cause, by giving 14 days’ notice to you.
Upon termination of any order or agreement for AscentData to supply you with subscription products you must pay any unpaid amount of the Product Fee to AscentData for any products supplied up to the date upon which termination becomes effective and you agree that, if an authorisation has been given in accordance with these Terms, the Product Fee may automatically be charged to your credit card or direct debited from your nominated bank account;
Termination of your use of a subscription product will not of itself, unless stated by AscentData to the contrary, terminate your use of the website. AscentData may however separately exercise any of its rights under these Terms, including terminating your Account (if any).
AscentData may require you to provide it with an authorisation to direct debit and/or credit any fees applicable under these Terms, including any Product Fee from or to your credit card or nominated bank account (as applicable).
Once authorisation is provided, the Product Fee will be automatically debited or credited by AscentData as applicable.
Unless required by law, AscentData will not provide refunds for any amounts paid pursuant to these Terms or otherwise in respect of any product (whether such payment was made to AscentData or otherwise).
Your personal information
The personal information you provide to us must be accurate and complete.
Nothing in these Terms affects the ownership of any words, images, or other materials that you post or submit to the website, or otherwise provide to us (“Content”). By providing Content to us, you:
(a) represent that any information comprising the Content is true and correct and acknowledge that AscentData will rely on that information in entering into any agreement with you;
(b) promise that you own, or have the right to use, any Content that you submit on or via the website, and that use of your Content on or via the website will not infringe anyone else’s rights; and
(c) you give us a world-wide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate your Content for the purpose of operating the website and the AscentData business, included providing goods and/or services to you.
Your Content will only be made publicly available if you post it in a public place on the website.
We may edit, modify, delete, remove or take down any Content which we believe (in our sole discretion) is in breach of these Terms, without notice to you and without us incurring any liability.
Everything on this website (excluding your Content) is either owned by us or is licensed to us (“AscentData IP”). This includes the design, compilation and look and feel of this website, all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the website. We also own the trade marks, logos and business names and domain names used in connection with the website and AscentData business (unless otherwise stated).
We give you an exclusive, revocable, world-wide, royalty-free licence to access, use, and download the AscentData IP to the limited extent required to access and use our website, including communicating with us and buying our goods or services, in accordance with these Terms.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use the AscentData IP in any way not expressly stated in these Terms (or otherwise allowed by law).
If you wish to buy our products or services, then you may be required to create an account (“Account”) on the AscentData website.
AscentData may restrict the usage of the website (or part thereof) and/or purchase of the products for persons who do not have an Account. AscentData may also, from time to time, amend or place restrictions on the requirements needed to create an Account.
If you create an Account, you represent and warrant to AscentData that you are 18 years of age or older.
If you agree to create an Account with AscentData then you agree:
(a) that the Account will be created using AscentData’s online sign up process, or any other method specified by AscentData from time to time;
(b) to keep confidential and secure any username or password used to access the Account;
(c) it is your responsibility to update your account details and to notify AscentData immediately of any potential security breach or fraudulent activity;
(d) AscentData will not be liable for any loss you suffer as a result of unauthorised use of your account, however, you will be liable for any loss we suffer;
(e) to be responsible for all uses of your Account by your employees or agents;
(f) that you warrant that all information provided by you to AscentData in the setup of the Account is true and correct in every detail;
(g) that you will only use the Account for the purposes of using the website and/or purchasing products from the website, and for no other purpose;
(h) to receive email communications from AscentData for commercial purposes (you are able to opt out of these emails later if you wish); and
(i) you will not use your Account in a fraudulent or illegal manner, or email or send any materials from your Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable.
Without prior notice and without liability to you or anyone else, AscentData may disable or delete your Account at any time in its sole and absolute discretion, and for any reason whatsoever. If your Account is deleted or disabled then you acknowledge and agree that you may be restricted in your use of the website.
Change & Access
AscentData does its best to provide current and accurate information on the website. However, things sometimes change, and so we may need to update or remove products, statements and representations made, or available, on the website from time to time.
The website will usually be available 24 hours a day, seven days a week. Sometimes the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.
You are not allowed, without the prior written consent of AscentData, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third party website. If you are interested in linking to our website, please contact us.
This website may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that AscentData endorses the products or services that are provided by that website. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.
Our liability to you
We do not promise that the content or products available on this website (or your access to it) will be uninterrupted or error free, that any defects will be corrected, or that the website, content or products are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website, your use of it or the content available on the website (including any products).
AscentData and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website, its content, products or services.
Subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010) and any other non-excludable term implied by law, this website and all of AscentData’s products and services are provided on an “as is” basis without warranties of any kind, either express or implied, and AscentData excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any products or services advertised or offered for sale via the website. To the extent any liability of AscentData cannot be excluded, AscentData limits that liability, to the maximum extent permitted by law, to (at our election):
(a) the replacement or repair of the goods or the supply of equivalent goods supplied to you by AscentData;
(b) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(c) the Product Fee paid in respect of the relevant goods and if you have not paid any monies to AscentData, then $10.00.
Your liability to us
You are liable and solely responsible for:
(a) any Content you submit via the website;
(b) your breach of anyone else’s intellectual property rights;
(c) your breach of these Terms; and
(d) your breach of any applicable law.
You agree to indemnify AscentData (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (AscentData Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the AscentData Parties and arising in any way from any of the matters set out in (a) – (d) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
1. The material provided by us on our website, including these Terms, contains the whole of the agreement between AscentData and you, and AscentData will not be liable for any representations made in relation to AscentData or the goods or services it offers by any other person or means.
2. These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
3. Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
4. We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.
5. All prices displayed on the website and referred to in these Terms are, unless otherwise indicated in context, in Australian Dollars and exclusive of GST.
Please feel free to contact us if you have any questions about these Terms.
Telephone: +61 (0)3 9654 3210
Post: GPO Box 4879, Melbourne, Victoria, Australia 3001
Last updated: April 2017
© AscentData Pty Ltd. All rights reserved.