The terms and conditions contained in this Terms of Service (Terms of Service) constitute a legally binding contract between Software Engineering & Consulting Pty Ltd ACN 127 397 228 trading as Cavy (Provider, Company, We, Our, Us and other similar terms) and you (End User, You, Your and other similar terms) and Your use of the application (Application) known as Cavy. Our contact information is as follows:
Software Engineering & Consulting Pty Ltd ACN 127 397 228
Roland Quast, Director
Unit 10, 53 Bilyana Street, BALMORAL QLD 4171
Telephone: +61 (0)478 914 599 | Nominated email address: firstname.lastname@example.org
By clicking "I Accept", the End User:
In this Agreement, unless the context or subject matter require otherwise:
Account means the access credentials linked to an account on the Authorisation System that allows authorised End Users to use the Application.
Agreement means the terms and conditions contained in this Terms of Service including any schedules or annexures and any document incorporated by way of reference.
Application means the the System known as Cavy, running from either a Subdomain issued by the Provider, or a Fully Qualified Domain Name authorised by a Subscriber, which the End User obtains the right to use.
Authorisation System means the website run by the Provider that is responsible for managing access credentials for gaining privileged access to the Application, located at https://connect.cavy.io.
Business Day means:
Content means Data, music, speech or other sounds, text, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth), including, but not limited to, data files, graphics images, messages, photographs, sounds, videos, written text and any other like materials.
Commencement Date means the date that the End User obtains privileged access to the Application.
Data means any information including Content which is uploaded to the Application.
Designated Agent means the person appointed by the Company to respond to allegations of copyright breaches in relation to Content appearing in the Application.
Dependent Software means any software which an End User of the Application must have installed in order for the Application to operate effectively as advised by the Provider on its Website from time to time.
Documentation means any user manual, support, guides and explanatory notes or memoranda provided in either electronic or physical form by the Provider that may or may not be supplied with the Application as updated from time to time.
End User means a Party to this Agreement who has agreed to use the Application in accordance with this Agreement.
Force Majeure means an act of God, fire, lightning, explosions, flood or other natural disaster, subsidence, act of terrorism, insurrection, civil disorder or military operations, power or gas shortage, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and any other cause, whether similar or not to the foregoing, outside of the affected Party's control.
Fully Qualified Domain Name means a domain name that specifies the exact location in the tree hierarchy of the domain name system (DNS).
Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).
Party means a party to this Agreement and Parties means both Parties to this Agreement.
Subdomain means a domain that is part of a larger Cavy domain.
Subscriber means an organisation or person who has entered into an agreement with the Provider to operate the Application and authorise End Users to manage the Subscriber's instance of the Application.
Subscription Fee means the amount of money payable by the Subscriber for the right to operate the Application during the Subscription Term.
Subscription Term means the period of time which the Subscriber obtains the right to operate the Application from the Provider.
System means the Application's infrastructure, source code, database(s) and processes.
Trial means a free trial of the Application that does not require payment of the Subscription Fee by a Subscriber.
Trial Period means the period of one (1) calendar month.
User Generated Content means Content uploaded to the Application by an End User.
Website means either of https://cavy.io or https://support.cavy.io.
This Agreement is to be interpreted using the rules described in the Terms of Service - Subscribers.
This Agreement commences on the Commencement Date and continues:
The Data held in the Application is backed up by the Provider as described in the Documentation.
All holders of Accounts must keep all access credentials to the Application strictly confidential.
Each End User is responsible for ensuring that it is the sole person accessing the Application using an Account. It is expressly prohibited to share Account details with third parties.
The Provider may terminate this Agreement without notice if:
On termination of this Agreement for whatever reason the End User must stop accessing and using the Subscriber's Application immediately after being provided with notice of termination.