Last updated on: 26 September 2023
1. ACCEPTANCE OF TERMS
1.1. Welcome to “Rock-it.cloud” (“Website”) and our product software including any browser extensions, mobile applications and any other downloadable application that we provide as part of our product (“ROCK IT”) including all of the Content (defined below). ROCK IT can be deployed on either of the following deployment models: (a) hosted with ROCK IT, (b) hosted on User’s cloud server, and (c) hosted on User’s physical server. The Website, ROCK IT, Content and any service provided at the Website shall collectively be referred to as “Service”.
1.2. The Website and is owned and operated by Expedio Services Pty Ltd ACN 144 662 760 (“Expedio”/”We”/”Us”/”Our”). We also provide the Services.
1.3. The Platform in which the Services are provided is owned and operated by Pragyaam Data Technologies Private Limited (“Pragyaam”), a company registered in India under the Indian Companies Act 2013.
1.4. These terms and conditions (“Terms of Use”) is an agreement between Us, you (“User” / “You”/ “Your”). This Agreement sets forth the general terms and conditions of Your use of the Service and any of its products or services available on the Website. Your access to the Services and use of the Services is conditional on your acceptance of and compliance with these Terms of Use as well as the Privacy Policy (defined below). We, the User and Pragyaam are each a “Party” and collectively the “Parties”.
1.5. These Terms of Use shall apply to all visitors, Users and others who access the Services. By accessing or using the Services You agree to be bound by these Terms of Use. These Terms of Use shall be read along with the terms and conditions under our Privacy Policy (please refer to the Privacy Policy section for more information).
1.6. We and Pragyaam reserve the right to collectively change these Terms of Use from time to time without prior notice. You acknowledge and agree that it is Your responsibility to review these Terms of Use periodically to familiarise yourself with any modifications. Your continued use of this Services after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.
1.7. Use of the Services is available only to persons who can form a legally binding contract under the laws of the Commonwealth of Australia or any other country as applicable.
1.8. By using the Website, You are agreeing to all of the Terms of Use and Our Privacy Policy, as may be updated by Us from time to time. You should check this page regularly to take notice of any changes We may have made to the Terms of Use.
2. RESPONSIBLE USE AND CONDUCT
2.1. In order to access the Services, You may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of Your ability to use the Services. You agree that any information You provide will always be accurate, correct, and up to date.
2.2. You are responsible for maintaining the confidentiality of any login information associated with any account You use to access Our Services. Accordingly, You are responsible for all activities that occur under Your account(s).
2.3. Accessing (or attempting to access) any of Our Services by any means other than through the means We provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Services through any automated, unethical, or unconventional means.
2.4. Engaging in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services are located or connected, is strictly prohibited.
2.5. Attempting to copy, duplicate, reproduce, sell, trade, or resell Our resources is strictly prohibited.
2.6. You are solely responsible for any consequences, losses, or damages that We may directly or indirectly incur or suffer due to any unauthorised activities conducted by You, as explained above, and may incur criminal or civil liability.
2.7. We have the right at Our sole discretion to remove any content that, We feel in Our judgment does not comply with this Terms of Use, along with any content that We feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If You post content that We choose to remove, You hereby consent to such removal, and consent to waive any claim against Us.
2.8. We do not assume any liability for any content posted by You or any other third-party users of the Services. However, any content posted by You using any open communication tools on our Website, provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes Our property and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use the Services. All information provided as part of our registration process is covered by our Privacy Policy.
2.9. Although the Services may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and does not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which You access through a link from the Services. Your linking to any other off-site websites is at Your own risk.
3. PRIVACY
Your privacy is very important to Us, which is why We have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms of Use. To read our Privacy Policy in its entirety, please visit rock-it.cloud (“Privacy Policy”):
4. USERS’ ACCOUNT
4.1. In consideration of Your use of the Services, You agree to:
(a) maintain and promptly update any information You provide Us, to keep it accurate, current and complete;
(b) maintain confidentiality and security of your password and identification;
(c) notify Us immediately of any unauthorised use of your account or other breach of security;
(d) accept all responsibility for any and all activities that occur under your account; and
(e) accept all risks of unauthorised access to the data and any other information you provide Us.
4.2. The User shall be responsible for all usage of the User’s account and password, whether or not authorised by the User. Although We will not be liable for Your losses caused by any unauthorised use of Your account, You may be liable for Our losses or such other parties, as the case may be, due to any unauthorised use of Your account.
4.3. Inactive User Accounts. We reserve the right to terminate unpaid User accounts that are inactive for a continuous period of 90 (ninety) days. In the event of such termination, all data associated with such User account will be deleted. We will provide You with prior notice of such termination and your options to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each of the Services will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep the User account in another Services active. In case of accounts with more than 1 (one) User, if at least 1 (one) of the User is active, the account will not be considered inactive.
5. SUBSCRIPTION TO BETA SERVICE
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that We have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Services as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to You. You agree that We will not be liable to You or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
6. PAYMENTS
6.1. The Services are available under a one-time purchase arrangement or subscription plans of various durations. Payments for subscription plans can be made by various payment options available at the time of the subscription purchase. Your subscription will be automatically renewed at the end of each subscription period unless You downgrade Your paid subscription plan to a free plan or inform us that You do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged through the last payment method used by You. We provide you the option of changing the details if You would like the payment for the renewal to be made through a different payment option. If You do not wish to renew the subscription, You must inform Us at least 30 days prior to the renewal date unless expressly stated otherwise in purchase agreement or order. If You have not downgraded to a free plan and if You have not informed us that you do not wish to renew the subscription, You will be presumed to have authorised Us to charge the subscription fee to the payment option last used by You.
6.2. Terms used in this clause 6.2 have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Where GST is imposed on any of the Services, one party (“Supplying Party”) to another party (“Receiving Party”), the Receiving Party must pay or provide the GST Exclusive Consideration for the Services and, in addition to and at the same time as the GST Exclusive Consideration is payable or to be provided, an additional amount calculated by multiplying the value of that GST Exclusive Consideration (without deduction or set-off) by the prevailing GST rate. This clause does not apply to a Service for which a GST inclusive consideration has been agreed.
6.3. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of Your then current billing cycle. You will not be charged for using any Service unless You have made the purchase of a service or opted for a paid subscription plan.
6.4. Cancellations: Your subscription can be cancelled at any time from the account page on the Website or by emailing [email protected]. Once your cancellation is confirmed, Y our automatic subscription will be stopped, and You will not be billed in the future. You will retain access to your account and all its data until the end of the subscription period that You have paid for, after which date Your account will be inaccessible. You will not be able to guarantee access to your data after that date, so please ensure that any migration, download or backup of your data is completed ideally prior to initiating Your cancellation, or at least, prior to the last date of Your subscription period.
7. REFUNDS
If you make a cancellation request within 48 hours of your payment method being charged, and You explicitly request a refund by emailing [email protected] within that same time period, We will refund the last payment made by You. The refund will be processed via the same payment method that was used to make Your subscription payment. However, please note that in such cases, We will not be able to guarantee that You will have access to any data that may be stored under Your account. Please ensure that any migration, download or backup of Your data is completed prior to initiating your refund request. Please note that in order to successfully process Your refund, You must:
(a) confirm a cancellation from your accounts page on the Website; and
(b) send an email to [email protected] with a refund request within 48 (forty-eight) hours of your last payment to Us,
failing the above We will be unable to process any refunds.
8. USERS’ CODE OF CONDUCT
8.1 You may use the Services for Your personal and/or business use or for internal business purpose in the organisation that You represent. You may connect to the Services using any internet browser supported by the Services or downloading the mobile application. You are responsible for obtaining access to the internet and the equipment necessary to use the Services. Any use of the Services or any of its functionality for a purpose not permitted by these Terms of Use can be grounds for immediate revocation of any usernames, pass codes or other permissions that may have been granted by Us for use of the Services.
8.2 You are specifically prohibited from:
(a) downloading, copying, or retransmitting any or all of the Services content without, or in violation of, a written license or agreement with Us or a specific option to do so as provided by Us;
(b) using any data mining or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Services content by using, framing or similar navigational technology; and
(d) using the Services other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
9. WARRANTIES
9.1 You warrant that:
(a) there is no content in Your data stored on Our servers as part of the Services that is or is likely to be illegal, unlawful, tortious or otherwise in violation of any international or domestic criminal or civil law, including without limitation, spam or malware, pirated material, child pornography, offensive or violent content or hate-speech, defamatory content or content that infringes intellectual property or confidentiality rights;
(b) You are not insolvent as at the date of agreeing to these Terms of Use;
(c) You have relied on its own skill, knowledge, experience and judgement to verify that the Services meets Your requirements, and that You are not relying on any implied warranty of fitness for Your needs;
(d) You are responsible for any fees, taxes and other payments due to any party directly or indirectly incurred by You through Your use of the Services. This includes the reporting of income to relevant taxation bodies and other government authorities;
(e) You are responsible for ensuring that any relevant premises where the Services are to be provided is connected with NBN and that an appropriate internet connection is available; and
(f) You are responsible for:
i. maintaining the security of usernames and passwords;
ii. maintaining adequate security measures to prevent unauthorised or inappropriate use of its software;
iii. ensuring adequate configuration, operation and maintenance of any computer and communication systems used with its software; and
iv. establishing and maintaining adequate backup and recovery systems to minimise and prevent adverse consequences in the event that its software or hardware malfunctions.
9.2 Unless expressly provided in these Terms and Conditions, We exclude all warranties relating to the Services which would otherwise be implied.
9.3 Where legislation implies any condition or warranty relating to the Services, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included provided that Our liability for breach of any such condition or warranty shall be limited, at Our sole discretion, to one or more of the following:
(a) the supplying of the Services again; or
(b) the payment of the cost of having the Services supplied again.
10. LIMITATION OF LIABILITY
10.1 Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
10.2 To the maximum extent permitted by law, We make no representations or warranties about Our Website or the content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; and
(c) Our Website will be secure.
10.3 To the maximum extent permitted by law, We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (“Liability”) suffered by You or any third party, arising from or in connection with Your use of Our Website or the content or any inaccessibility of, interruption to or outage of Our Website or any loss or corruption of data or the fact that the content is incorrect, incomplete or out-of-date.
10.4 To the maximum extent permitted by law, You must indemnify Us, and hold Us harmless, against any Liability suffered or incurred by Us arising from or in connection with Your use of Our Website or any breach of these Terms of Use or any applicable laws by You. This indemnity is a continuing obligation, independent from the other obligations under these Terms of Use and continues after these Terms of Use end. It is not necessary for Us to suffer or incur any Liability before enforcing a right of indemnity under these Terms of Use.
10.5 You agree to indemnify and hold Us harmless and Our parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms of Use. In such event, You shall provide Us with such cooperation as is reasonably requested by Us.
11. COPYRIGHTS / TRADEMARKS
11.1 All content and materials available on the Website , including but not limited to text, graphics, website name, code, images and logos are Our intellectual property and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Services is strictly prohibited unless specifically authorised by Us.
11.2 The Services are operated by Us. All the content published, featured or displayed on the Services, including, but not limited to, materials, documents, text, data, images (photographic and moving), graphics, illustrations, videos, Software, selection and arrangement thereof, and other information and content included in or available at the Website collectively referred to as the “Content”, is owned by Us. Any Content will be published, featured or displayed on the Services with prior agreement with Us.
11.3 You may not use meta-tags or any other “hidden text” utilising content or any other name, trademark or Our product name without Our prior written permission.
11.4 In addition, the look and feel of the Services, including all Our page headers, custom graphics, button icons and scripts, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without Our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us.
11.5 This Terms of Use does not transfer to you any intellectual property owned by Us or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Us. All trademarks, graphics and logos used in connection with our Services, are Our trademarks or Our registered trademarks or Our licensors. Other trademarks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants You no right or license to reproduce or otherwise use any of Our or third-party trademarks.
11.6 Any discovery, design, invention or secret process or improvement in procedure made or discovered by Us either alone or in conjunction with a third party, whilst providing the Services, will belong to Us and be Our absolute property. We would own all rights in respect of the materials or deliverables arising under the Copyright Act 1968 (Cth).
12. SUSPENSION AND TERMINATION OF USE
12.1 Where any payments, charges or costs remain unpaid when due under these terms and conditions, We may, by providing two (2) Business Days’ written notice, suspend the provision of Services. You acknowledge that, whilst Services are suspended, You may experience disruption and inaccessibility to any aspect of their operations subject to the Services.
12.2 You agree that the We may, at its sole discretion, suspend or terminate Your access to all or part of our Services with or without notice and for any reason, including, without limitation, breach of this Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Services provided by us will immediately cease, and we reserve the right to remove or delete any information that you may have on file with Us, including any account or login information.
12.3 We are not liable for any costs, loss or damage suffered by You as a result of the lawful suspension of the Services or termination of the Agreement in accordance with this clause 12.
13. DISCLAIMERS
13.1 Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these terms of use, we, our strategic partners, and their respective officers, directors, employees, agents and other representatives, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, we make no warranty that:
(a) the services will meet your requirements;
(b) the services will be uninterrupted, timely, secure, or error-free;
(c) information that may be obtained via the services will be accurate or reliable;
(d) the quality of any and all services, information or other material, including all merchandise, goods and services, obtained or purchased by you directly or indirectly will meet your expectations or needs; and
(e) any errors in the services will be corrected.
13.2 You must bear the risks associated with the use of the Services. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Services.
13.3 This disclaimer constitutes an essential part of these Terms of Use. To the fullest extent permitted under applicable law, we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Services, its services or these Terms of Use.
14. COMMUNICATIONS FROM US
By registering for the Services, You give Us consent for using Your email address to send You service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services.
B. GENERAL
1. Governing Law, Jurisdiction: This Terms of Use is governed by the laws of Western Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia. Our Website may be accessed throughout Australia and overseas. We make no representation that Our Website complies with the laws (including intellectual property or privacy laws) of any country outside Australia. If You access Our Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws of the jurisdiction where You access Our Website.
2. Dispute Resolution: If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of these Terms of Use and Privacy Policy (whether before or after the termination) the concerned representatives of the Parties shall promptly and in good faith negotiate with a view to an amicable resolution and settlement of the dispute. In the event, no amicable resolution or settlement is reached within a period of 30 (thirty) days, such dispute or difference shall be referred by either party to the Small Business Development Corporation to have the dispute resolved by mediation. The Parties must attend the mediation and try to resolve the dispute. Each party must be represented at the mediation by a person who has the authority to enter an agreement to settle the dispute on behalf of the Party. Unless the Parties agree otherwise, the Parties will be equally responsible for the costs of the alternative dispute resolution (this includes the costs of the ADR practitioner, the cost of room hire and the cost of any additional input (including expert reports) agreed by the Parties to be necessary to the conduct of the mediation). The parties must pay for their own costs of attending the mediation or any other alternative dispute resolution procedure. Notwithstanding anything contained herein, the Parties shall have a right to institute legal proceedings to prevent any continuing breach of the provisions of these Terms of Use to seek an injunctive or any other specific relief.
3. Notice: We may provide any notice to the User under these Terms of Use by sending a message to the email address then associated with User account. The notices provided by Us by email will be effective when the email is sent. It is the User’s responsibility to keep the User’s email address current. The User will be deemed to have received any email sent to the email address then associated with User account when We send the email, whether or not the User actually receive the email. To give Us notice under these Terms of Use, the User must contact Us by personal delivery, overnight courier or registered or certified mail to the mailing address listed below: Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective 1 (one) business day after they are sent. Notices provided registered or certified mail will be effective 3 (three) business days after they are sent.
Address: Suite 3 / 7 Kintail Rd Applecross WA 6153
Attention: Kaz Braid
E-mail: [email protected]
4. Force Majeure: Except for payment obligations for services already rendered, non-performance by either Party of these Terms of Use shall be excused to the extent that performance is rendered impossible by a strike, acts of God, governmental acts or restrictions, failure of suppliers, acts of war or terrorism, or any other reason where failure to perform is beyond the reasonable control of the nonperforming Party. The time for performance of this Terms of Use shall be extended for a period equal to the duration of such events.
5. Severability: If any provision of the Terms of Use is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted and all other terms and provisions of the Terms of Use shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, Us and the User shall negotiate in good faith to modify the Terms of Use so as to effectuate the original intent as closely as possible in an acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.
6. Relationship of Parties: We and the User are not employees, agents, partners or joint venturers of each other. The User shall not have the right to enter into any agreement on Our behalf.
7. Entire Terms: The entire understanding between Us and the User hereto relating to the subject matter hereof is contained herein and We make no warranties, representations or undertakings hereto except as expressly provided herein.
8. Assignment: Notwithstanding anything contained herein, You agree and covenant that We may, at Our sole discretion, be entitled to assign its rights and obligations under this Terms of Use to any of its affiliates or to any entity, and in such case, such affiliate or entity shall be entitled to enforce these Terms of Use.
9. Maintenance of Records: You shall maintain the records independently of the Website (by way physical copies etcetera) and We reserve the right to seek copies of such records for their own use including record keeping. You acknowledge and agree that We shall have the right to retain Your information for as long as it deems fit and to be in compliance with applicable provisions of the law.
10. Contact Information: If You have any questions or comments about our Terms of Use as outlined above, you can contact us at [email protected].