This document is a legally binding agreement between you as the User(s) of the I-Whiz Services (referred to as “you”, “your” or “User” hereinafter) and I-Whiz Pty Ltd (referred to as “we”, “our” or “I-Whiz” hereinafter).
By accepting the Terms you agree that you accept and agree to be bound by the Terms with I-Whiz. If you do not accept the Terms please do not use the Services of I-Whiz.
Description of services
The entity that you are contracting with is I-Whiz Pty Ltd ACN 622 236 846 ( I-Whiz).
I-Whiz provides you with access to a web-based interface through which you may access proprietary features and functions of the I-Whiz platform to transact for business purposes with other I-Whiz registered Users. I-Whiz platform uses data storage and integration capabilities including but not limited to data migration, data synchronization, data quality actions, or application and event -based integrations and notifications, and cloud services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties to I- Whiz, are subject to the Terms.
You must be a registered User on the I-Whiz platform to access and use the Services.
No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Each User’s functions will be determined by the role the User chooses upon registering on I-Whiz.
Personal and non-commercial use limitation
Unless otherwise specified, the Services are for your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, download, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Further by agreeing to the Terms you agree not to:
- (a)copy or reproduce, download, re-publish sell distribute or resell any information, text, images, graphics, video clips, sound, directories, files, databases or listings, in whatever form available on or through the I-Whiz platform; and
- (b) use any information to which you have access to reproduce and copy, download, compile or otherwise use for the purposes of operating a business that competes with I-Whiz or for any other purpose.
Use of the Services outside the permitted TERMS is expressly prohibited.
Patent, Copyright and Trade Marks
I-Whiz and/or its Licensor own trademark, pending patent applications and copyright covering material on the I-Whiz website (“Website) and within the Services that I-Whiz provides on its platform. You must not exploit or reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit the material which is shown on the Website or within the Services that I-Whiz provides without the prior written consent of I-Whiz, other than to the extent necessary to view the material as permitted by law.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without the prior consent of I-Whiz.
The Website, products, technology and processes contained in this Website may be the subject of other intellectual property rights owned by I-Whiz or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property rights of any person.
Privacy and protection of personal information
Notice specific to software available on this website
Any software that is made available to download from the Services ("Software") is the copyrighted work of I-Whiz, its Licensor and/or its suppliers. Use of the Software is governed by the terms of the Cloud Service Agreement which accompanies or is included with the Software ("I-Whiz Cloud Service Agreement").
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE, REVERSE ENGINEERING IN ANY WAY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, I-WHIZ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, I-WHIZ MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. I-WHIZ DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. NOR DOES I-WHIZ WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES OR INTERFERENCE.
Notices regarding software, documents and services available on this website
In no event shall I-Whiz, its Licensor and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
Member account, password and security
I-Whiz requires you to register and open an account. A registered User must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration process.
Upon registration the User shall be assigned a user ID (username) and password (the latter shall be chosen by a registered User during registration) to each registered User.
Except with the approval of I-Whiz, each User shall have only one verified account with a unique ID and password.
Should a User wish to consolidate more than one premises or business it controls or operates, I -Whiz will permit the User’s account (s) to be consolidated so that the User can link all its locations into the one User account.
I-Whiz otherwise reserves the right to cancel or terminate a User’s account if it suspects multiple accounts controlled by the same User under different disguises for any reason.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. No User may share, assign, or permit the use of the User’ account, ID or password by another person outside of the User’ own business(s).
You agree that all activities that occur under your user account (including without limitation, posting any company or product information, clicking to accept any additional agreements or policies , subscribing to or making any payment on the I-Whiz payment gateway through a third party for any transactions for any services, (or even sending emails using the email account) will be deemed to have been authorized by you.
You shall not use anyone else's User account at any time.
You agree to notify I-Whiz immediately of any unauthorized use of your account or any other breach of security. I-Whiz will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by I-Whiz or another party due to someone else using your account or password. You acknowledge and agree that Information related to your payment instruments (such as credit cards), the last few digits of your payment instrument number, the security code, and the expiration date of your payment instrument will be transferred to, stored and processed by our third party payment service provider directly in order for them to process your payment transactions and we will NOT store any such Information on our servers.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any I-Whiz server, or the network(s) connected to any I-Whiz server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any I-Whiz server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
I-Whiz reserves the right at all times to disclose any information as I-Whiz deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in I-Whiz's sole discretion.