Terms

Terms of Service

21/10/2016

These Terms of Service (“Terms“) set out the legally binding terms for your use of all of the web and mobile based applications, software and services (the “Service”) provided by Formation Technology Pty Ltd trading as Camsao (“Camsao”). By using the Service you agree to be bound by these Terms. If you are using the Service on behalf of a company or entity (“Company”), then you agree to these Terms on behalf of that Company and you represent and warrant that you have the authority to bind the Company to these Terms. In that case, “you” and “your” refers to that Company. If you become a paid subscriber to Camsao’s premium Service, then your use of the Service will be governed by our Subscription Agreement.

Your Content

The Service allows you to create tasks and associated information, text, files and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analysing and improving the operation of the Service.

Your Obligations

You must provide accurate information when you create your Camsao account.

You are responsible for safeguarding your password and for all activities that occur under your account. You should notify Camsao immediately if you become aware of any breach of security or unauthorised use of your account.

You may never use another user’s account without permission.

You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.

Your Use of the Service

The Service is not intended for use by persons under the age of 13. By using the Service you represent that you are over the age of 13.

As part of the Service, we provide software for your use in connection with the Service. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the software, solely to access the Service; provided, however, that this license does not constitute a sale or copy of the software and Camsao retains all right, title and interest in the software.

You agree not to misuse the Service. For example, you may not:

  • use the Service for any unlawful purpose or for promotion of illegal activities;
  • impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • publish or post other people’s private or personally identifiable information, such as credit card numbers, without their express authorisation and permission;
  • send unsolicited communications, promotions advertisements, or spam;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
  • access, tamper with, or use non-public areas of the Service, Camsao’s computer systems, or the technical delivery systems of Camsao’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • access or search the Services by any means other than Camsao’s publicly supported interfaces (for example, “scraping”);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or
  • promote or advertise products or services other than your own without appropriate authorisation.

You may not post any Content on the Service that:

  • may create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property;
  • violates any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity;
  • is defamatory, libellous or threatening or that constitutes hate speech; or
  • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

We reserve the right to remove Content on the Service that violates these Terms or that we otherwise reasonably believe may create liability for Camsao.

Administrator Access to Your Content

When you sign up for our Service, you associate an email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (each an “Entity”) you grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain.

Security

We will use industry standard technical and organisational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorised or unlawful access to, use of, or processing of such Content.

Intellectual Property

The Service (excluding Content provided by users) constitutes Camsao’s intellectual property and will remain the exclusive property of Camsao. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Camsao may include your Company’s name in a list of Camsao’s company’s online and in print and electronic marketing materials.

Copyright

Camsao respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Copyright Agent.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Camsao to terminate Service of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Camsao by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Camsao’s Copyright Agent for notice of claims of copyright infringement can be contacted at privacy@camsao.com.

Modifications

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Information Sharing Risks

Although we allow you control over where you share your Content and what information is included in your Profile and take reasonable steps to maintain the security if the information associated with your account, no security measures are perfect. We cannot control the actions of other users with whom you share your Content and we are not responsible for third party circumvention of any privacy settings or security measures on the Service.

Indemnification

You agree to defend, indemnify and hold harmless Camsao and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

No Warranty

The Service is provided on an “as is” and “as available” basis without any warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Camsao is not responsible for any third party content that you download or otherwise obtain through the use of the Service or for any damage or loss of data that may result.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Camsao, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, data or other intangible losses that result from the use of, or inability to use, the Service, whether or not Camsao has been warned of the possibility of such damages and even if a remedy fails of its essential purpose. Camsao’s liability for all claims related to the Service shall not exceed the amounts paid by you to Camsao in connection with your use of the Service during the twelve (12) month period prior to the claim giving rise to such liability.

Governing Law

These Terms and any dispute about or involving the Service shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Service or these Terms shall be filed only in the state or federal courts located in Victoria, Australia and you consent and submit to the jurisdiction of such courts for the purposes of litigating any such action, provided that the foregoing shall not prevent Camsao from seeking injunctive relief in a court of competent jurisdiction.

Other Terms

These Terms constitute the entire agreement between you and Camsao concerning the Service and replace any prior agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect. Camsao’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

These Terms and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by us without restriction.

We may provide you with legal notices and notices related to your account via email using the email address associated with your account.