Terms & Conditions
Acceptance of Terms and Conditions
Document Modelling Pty Ltd, ACN 154 671 333 (“Document Modelling”, “we”, “us” or “our”) owns the websites https://tryprose.com and https://documentmodelling.com and the “Prose” software made available for download via https://tryprose.com. Document Modelling may make available any updates and releases of the Prose software or other downloadable software, and related product information and resources, through its website/s (“Services”). Your use of https://tryprose.com and https://documentmodelling.com and any sub-domains (including, without limitation, https://blog.tryprose.com) (in each case, our “Website”), the Prose software and the Services is subject to the terms and conditions set out herein and any other terms, conditions, notices or disclaimers displayed on our sites.
By accessing and using our Website, or otherwise by checking a “tick-box” stating that you have read and agree to the Terms and Conditions, you agree to accept the Terms and Conditions and to be bound by them. If you do not accept the Terms and Conditions, then you must not access or use our Websites or the Services.
If, at any time, you fail to comply with these Terms and Conditions, you must immediately cease accessing and using the Websites and the Services and you agree to immediately cease using and destroy all information and material that you obtained from the Websites or derived from any such information and material.We may from time to time make any changes and amendments to our Websites, and these Terms and Conditions, at our absolute discretion. We will try to provide at least 15 days notice prior to any material changes taking effect. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” link located at the bottom of our Website. Your continued use of our Website following such changes and amendments will be deemed to indicate your acceptance of the revised Terms and Conditions.
We may provide downloadable software and related product information and resources through our Websites (“Services”). The Services, including all updates, modifications, enhancements and new features, and the addition of new site properties, are subject to the Terms and Conditions.
Personal and Non Commercial Use Limitation
Unless otherwise specified, we provide the Websites and the Services for your personal and non-commercial use. You must not modify, copy, distribute, transmit, display, perform, publish, licence, create derivative works from, transfer, or sell any information, software, products or services obtained or derived from the Websites and/or the Services.
Privacy and Protection of Personal Information
Software Applications Available for Download on our Website
Any software application that is made available to download from our Website (“Software”) is the copyrighted work of Document Modelling and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“Licence Agreement”). An end user will be unable to install any Software that is accompanied by or includes a Licence Agreement, unless he or she first agrees to the Licence Agreement terms. All third party scripts and code, which may be included with the Software or linked to or referenced from the Website, are licensed to you by the third parties that own such scripts and code, and not by Document Modelling.
The Software is made available for download solely for use by end users in accordance with the applicable Licence Agreement. Any copying, reproduction or redistribution of the Software not in accordance with the Licence Agreement is expressly prohibited.
Information and Documents on our Website
The Websites and their content and any materials and documents made available with the Services (the “Materials”) are protected by copyright, trademark and other intellectual property laws and international treaties. Unless otherwise specified, you may access, view, download, copy and print the Materials for your own personal and non-commercial use, subject to the following conditions: (i) you may not modify or alter the Materials in any way; and (ii) all copies must retain the copyright and other proprietary notices originally contained in or otherwise associated with the Materials.
Warranties and Disclaimers
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. WE MAKE OUR WEBSITE AND THE SERVICES AVAILABLE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR WEBSITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR THAT ANY MATERIALS WILL BE ACCURATE, COMPLETE OR RELIABLE OR THAT THE QUALITY OF ANY MATERIALS WILL MEET YOUR EXPECTATIONS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OR THE APPLICABLE LICENCE AGREEMENT (IF ANY), WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH USE OR LOSS OF USE OF, OR THE PROVISION OF OR FAILURE TO PROVIDE, THE WEBSITE (INCLUDING THE SERVICES), INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS AND DAMAGE.
Your Account, Password, and Security
As a condition of using the Services, we may require you to register or “sign up” for a user account. You must complete the applicable registration process by providing us with current, complete and accurate information as prompted. You may also be required to choose a password and a user name or email address to be associated with your account. You must maintain the confidentiality of your password at all times. You must notify Document Modelling immediately of any unauthorised use of your account or any other breach of security. Document Modelling will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge, or any other security breach. You agree to hold harmless and indemnify Document Modelling from and against any loss and damage of any kind arising out of or in connection with someone else using your account or password. You also must not use any other person’s account, except as expressly authorised by the account holder.
If you wish to purchase a subscription to any software, products or services available on our Website, you may be asked to provide certain information relevant to your purchase including, without limitation, your name, address, billing address information and payment information. Subscriptions may be billed on a monthly recurring basis in advance via an online third party payment platform as specified in the relevant order form. Additional terms and conditions may apply to any purchase as specified in the relevant order form.
Unauthorised and Prohibited Use
You must not, and must not permit or enable any person to, use your account, the Websites or the Services for any activity which breaches any law or regulation, infringes a third party’s rights (including intellectual property rights), or is contrary to any generally accepted community standards, or is otherwise prohibited herein. You may not use the Services in any manner that could damage, disable, overburden, or impair any Document Modelling server, or the network(s) connected to any Document Modelling server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorised access to any Services, other accounts, computer systems or networks connected to any Document Modelling server or to any of the Services, through hacking, password mining or any other means.
Links to Other Sites
Our Websites may contain links to third party sites which are not controlled or maintained by Document Modelling. These links are made available for your convenience only and do not constitute or imply an endorsement or approval by us of the linked site or any goods, services, information, materials or content available through such site, or any updates or changes to the same.
Information you Provide to us
We may from time to time request or invite you to provide or submit to us any feedback, comments and suggestions (“Feedback”) in relation to the Websites and/or the Services. You will not be obliged to provide such Feedback, however, by providing Feedback you are granting Document Modelling and its sub-licensees permission to use such Feedback in connection with the operation of their businesses (including, without limitation, the Services and the Websites), including, without limitation, the licensed rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Feedback; and to publish your name in connection with your Feedback. No compensation will be paid with respect to the use of your Feedback, as provided herein. Furthermore, by providing such Feedback you warrant and represent that you own or otherwise control all of the aforementioned rights to your Feedback including, without limitation, all the rights necessary for you to provide the Feedback. You shall hold harmless and indemnify Document Modelling against all loss and damage arising out of or in connection with any Feedback you provide or submit.
We may, at our sole discretion, terminate access to the Website/s and any Services, with or without notice, without liability to you. All provisions of the Terms and Conditions which by their nature should survive such termination shall survive, including without limitation, provisions relating to ownership, warranties and disclaimers, and limitations of liability.
The Terms and Conditions and any dispute relating to the same will be governed by the law in force in the State of New South Wales, Australia. By using the Website or any Services you agree to submit to, without regard to the principles of conflict of laws, the exclusive jurisdiction of the State of New South Wales, Australia.
Last Updated 12 July 2018
COPYRIGHT © 2018 DOCUMENT MODELLING PTY LTD ABN 13 154 671 333. All rights reserved.