Terms of Use

Website Terms of Use

Pan Calendars

1. About this Website

This website is owned and operated by MRP Systems Pty Ltd (we, our and us) under the domain name pancalendar.com.au (the Website). This document sets out the terms and conditions (Terms of Use) on which you (you) may access this Website.

Your use of the material published on the Website, including information, text, graphics, software, photographs, images, videos, trade marks and other content (“Our Material”) and the Website is governed by these Terms of Use. By accessing or using the Website and Our Material, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you should cease using the Website.


2. Our Material

This Website provides general information about the software application known as PAN CALENDAR (the App). The Website contains information, resources, fact sheets in relation to the App. The App can be purchased from the iTunes AppStore which can be accessed here [insert link] or Google Play which can be accessed here [insert link]. These Terms of Use do not apply to use of the App.

While we have taken reasonable steps to ensure that Our Material on this Website is accurate and up-to-date, it is general information about the use and support of the App and is not tailored to your particular circumstances or requirements.

We do not guarantee that Our Material or services provided on the Website will be reliable, accurate, correct or complete. For example, Our Material may at times be out of date and include errors or omissions.


3. Your use of Our Material

All intellectual property rights in the Website (including the software, design, text and graphics comprised in the Website and the selection and layout of the Website) and Our Material are owned or licensed by us.

‘PAN CALENDAR’ is a trade mark owned by us (our Trade Mark).

We grant you a non-exclusive, revocable, non-sublicensable licence to access and view the Website and Our Material. You may retrieve and display content on a computer screen, print and copy individual pages. You acknowledge that you do not own any intellectual property rights in the Website or any of Our Material.

You must not:

(a) otherwise reproduce, modify, adapt, translate, publish, upload to a third party, link to, distribute or transmit the Website or any of Our Material in any form without our specific prior written consent;

(b) remove, obscure or alter any proprietary rights notice (including copyright and trade mark) contained in the Website or Our Material;

(c) use Our Material in any way for commercial gain or in any way that suggests that you are affiliated with, or endorsed by, us; or

(d) do any act which would bring our Trade Mark or us into disrepute or damage goodwill or reputation of us or our Trade Mark.


4. Availability of the Website

We cannot guarantee that this Website will be free from viruses, defects or errors or that access to this Website or a Third Party Site will function as intended or be uninterrupted. Since electronic services are subject to interruption and breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.

We may withdraw this Website at any time and without notice to you.


5. Your use of the Website

You agree that you will not:

(a) use any information on this Website for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;

(b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;

(c) use any data mining, robots or similar data gathering and extracting tools in connection with this Website; or

(d) transmit, distribute, introduce or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, trojan horses, timebombs or other malicious or harmful programming.


6. Linking Policy

The Website may contain links to other websites or applications owned, operated or produced by third party organisations independent of us (Third Party Sites). Any link is provided for convenience only and we have not verified and do not sponsor, endorse, recommend or approve the operators of, or any materials on (including information, products or services), those Third Party Sites.


7. Your consumer rights

(a) Consumer guarantees (Consumer Guarantees) under schedule 2 of the Competition and Consumer Act 2010 (the Australian Consumer Law (ACL)) may apply to these Terms of Use, and where they do, those Consumer Guarantees and your rights under them cannot be excluded, restricted or modified under these Terms of Use (Consumer Rights).You can find out more about your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

(b) If the services provided under the Website are services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, then you have Consumer Rights, clauses (c) – (f) below do not apply to you, and nothing in these Terms of Use excludes, restricts or modifies your Consumer Rights.

(c) If, and only if, the services provided under the Website are other than services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, then you have Consumer Rights, but where it is ‘fair and reasonable’ for us to do so, we limit our liability for your loss arising from our failure to comply with any Consumer Guarantee relating to the services to, at our option: (i) the supplying of the services again, or (ii) the payment of the cost of having the services supplied again, and clauses (d) – (f) below do not apply to you. The terms in quotations in clauses (b) and (c) have the meanings given to them in the ACL.

(d) Subject to your Consumer Rights, and clauses (b) and (c) above, we are not liable:

(1) for any loss (howsoever caused, including by our negligence) that was not reasonably foreseeable to you and us;

(2) for any business-related loss (howsoever caused, including by our negligence) including loss of revenue, profits, contracts, anticipated savings, data, goodwill, opportunity, reputation or productivity; and

(3) to the extent that your loss was contributed to by you or any other matter outside of our reasonable control.

(e) Other than Your Consumer Rights, any condition or warranty which would be implied by law into these Terms of Use is excluded.

(f) If you suffer any loss in connection with the Website, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.


8. Changes to these Terms of Use

These Terms of Use are current at the effective date at the end of this document. We may amend these Terms of Use by posting the amended Terms of Use on this Website. By you continuing to use the Website, such amended Terms of Use will apply from that point forward.


9. General

These Terms of Use are governed by the law applicable in Queensland, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.

If we fail to enforce any of our rights under these Terms of Use, that does not mean we waive those rights. If you fail to enforce any of your rights under these Terms of Use, that does not mean you waive those rights.

These Terms of Use are personal to you and you may not assign or otherwise transfer any rights under these Terms of Use without our prior written consent. We may assign or otherwise transfer our rights and obligations under these Terms of Use as we require.


10. Contacting us

If you have any questions or comments regarding these Terms of Use please contact us via email at:

info@pancalendars.com

Last updated: 10th December 2014


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