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 (Subscriber, 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: email@example.com
By clicking "I Accept", the Subscriber:
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 Users to use the Application.
Admin User means any End User that is delegated Admin Privileges by a Subscriber or another admin user for the purpose of using the Application.
Admin Privileges means the privileges granted to an Admin User that relate to the ability to manage an Application but do not include the ability to manage the Subscriber's subscription.
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.
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.
Browser means a person that does not have an Account, but browses any of the Content on a Subscriber's Application.
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 Subscriber first agrees to these terms and conditions and subsequently obtains the right to operate the Application.
Data means any information including Content which is uploaded to the Application by a User
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 individual User or Browser 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 person who is not a Subscriber and has agreed to use the Application in accordance with the Terms of Service issued by the Provider of the Application.
End User Privileges means the privileges issued to End Users including communicating with Subscribers or Admin Users using the Application.
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).
Insolvency Event means circumstances in which a Party takes any corporate action or any steps are taken or legal proceedings are started for:
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.
Privilege means the special distinct rights granted to each class of User.
Reseller means anyone authorised by the Provider to authorise the right to operate the Application to a Subscriber.
Subdomain means a domain that is part of a larger Cavy domain.
Subscriber means a Party to this Agreement that has Subscriber Privileges.
Subscriber Privileges means Admin Privileges which can be delegated to Admin Users and non-delegable subscription management privileges.
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 a User.
User means Subscribers, Admin Users, and End Users.
Website means either of https://cavy.io or https://support.cavy.io.
In this Agreement:
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.
Subject to any claims made because of a breach of a Non-Excludable Provision available under the ACL, the Company, its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
Any loss or damage which is or may be suffered by the Subscriber in connection with the use of the Application is expressly disclaimed by the Provider. The Provider limits its liability for breach of a warranty under this Agreement, or for a breach of a condition or warranty it cannot lawfully exclude to the extent permitted by law, and is fair and reasonable for the Provider to do so, to:
The Provider may terminate this Agreement without notice if:
The payment of the Subscription Fee is an essential term of this Agreement. The Provider may terminate this Agreement by providing the Subscriber with seven (7) days notice after the expiry of the Subscription Term if the Subscriber does not pay the Subscription Fee entitling it to access and use the Application.
This Agreement will automatically terminate if either Party is the subject of an Insolvency Event.
On termination of this Agreement for whatever reason: