Terms & Conditions of Use
Eratos Group Pty Ltd
(ACN 633 153 787)
In these Terms, 'us', 'we' and 'our' means Eratos Group Pty Ltd and our related bodies corporate. Any use of the terms, 'Eratos platform', 'platform', 'application', 'software' and 'website' means the Eratos Group Pty Ltd owned and created platform in any format, including web-based, desktop application and mobile application formats.
1. Registration, Subscription and Fees
You must have a registered subscription to access the Eratos platform and must maintain your subscription for duration of use. Your duration of use is as stipulated by your subscription package.
You are responsible for maintaining all of your account and membership details.
Details of account creation and subscription fees can be found at www.eratos.com. The duration of your subscription and fee information will be indicated upon completing your order. Payment of your subscription will be indicated on our invoice at order, and you must ensure that payment is timely within the indicated due date. We will provide access to the Eratos platform no later than confirmation of subscription.
To create an account, you must be:
- At least 18 years or age;
- Possess the legal right and ability to enter into a legally binding agreement with us; and
- Agree and warrant to use the platform, in accordance with these Terms.
2. Accuracy, Completeness and Timeliness of Information
The Eratos platform is a platform that allows you to upload your information and data for analysis, therefore all information uploaded and accessed by you is your sole responsibility to maintain. The information on our platform is not comprehensive and is intended to provide insight in your existing data set uploaded. While we use all reasonable attempts to ensure that our information reflects your data, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this platform. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this platform, including the web-based platform, linked websites and platform application. You must take your own precautions to ensure that whatever you select for your use from our platform is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the platform (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
3. Linked Sites
The Eratos platform may contain links to websites operated by third parties. Those links are provided for convenience and may nor remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control or rights in those linked websites.
4. Scope of Licence
Use of the Eratos platform is only a non-transferable licence to use the Eratos platform for the purposes specified in these Terms. We grant you a non-transferable licence to use the Eratos platform for the duration of your membership with us.
This licence is for personal use only, and you must not distribute, make available the Eratos platform over a network where it could be used with those who do not have a licence from us, transfer, redistribute or sublicence the use of the Eratos platform.
You may not copy (except as permitted by these Terms), reverse-engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Eratos platform.
Failure to adhere to our licence and its requirements will constitute breach of these Terms and we are free to seek recourse against you.
5. Consent to Use of Data
As the Eratos platform aggregates data uploaded by you and is only accessible by you, you agree that we may collect and use technical data and related information to be included on the Eratos platform. You agree that we may collate, aggregate and arrange this data to provide you with our services and analysis of your data.
6. Intellectual Property Rights
We are proud of the Eratos platform and note that unless otherwise indicated all intellectual property rights is owned by or licensed to us. All rights in respect of the content are hereby reserved. Nothing in these Terms constitutes a transfer, assignment or license of any intellectual property rights in respect of the platform or any content.
Intellectual property means all rights resulting from intellectual activity whether capable of protection by statute, common law or equity and whether recorded or not recorded, stored or incorporated by any medium of any description, and includes and is not limited to Copyright, moral rights under the Copyright Act 1968 (Cth), discoveries, inventions, know-how, trade secrets, signs, devices, models, formulae, graphs, photographs, drawings, business plans, methodologies, policies, records, notes, specifications, software programs, samples, music, patent rights, registered and unregistered trade marks, design rights, Confidential Information, domain names draft concepts, ideas communicated both orally and written; working notes, illustrations, mock-ups and sketches, preliminary electronic works, source code, development tools, programs, multimedia applications and programmers’ notes, raw footage, content, storyboards, scripts, designs, source files, and all rights and interests of a like nature, together with any and all documentation relating to such rights and interests created by us and the Eratos platform. This includes the insights from the collation and aggregation of your uploaded data, and the collation of the data itself.
Intellectual property does not include your personal data as uploaded by you, and all risk related to your personal data remains with the ownership of your data.
We authorise your use of the content for the purpose of viewing the Eratos platform permitted under applicable laws or these Terms. Use of the content for any other purpose, (including copying, reproducing, adapting, uploading any of the content to a third party website, issuing or communicating any of the content to the public, linking to, distributing or transmitting any of the content in any form by any process) without our prior written consent is prohibited.
Our trade marks, registered or unregistered, are displayed on our Site. Please do not reproduce our trade mark without our permission, as doing so may amount to infringement of our rights.
7. Unacceptable Activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Eratos platform, including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- Using this website to defame or libel us, our employees or other individuals;
- Uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- Posting, transmitting, uploading, storing data or in any way using the Eratos platform for the purposes of interacting with any non-authorised unlawful material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
8. Unsubscription and Terminating Use
We may prevent or terminate your subscription and use at any time if you breach our Terms. For as long as you continue to hold a valid subscription or use the Eratos platform, you are subject to these Terms.
You may terminate your subscription at any point in time. However, you must ensure that any outstanding fees and obligations under these Terms are met, to the extent of our services provided. We reserve all rights to any action for any outstanding amounts remaining in fees after termination.
9. Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to the Eratos platform, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our platform and/or the information or materials contained on it, or as a result of the inaccessibility of the Eratos platform and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
You are responsible for all of the data you upload to the Eratos platform and all liability of the data uploaded remains with you.
11. Jurisdiction and Governing Law
Your use of the Eratos platform and these Terms are governed by the law of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.