IMPORTANT: PLEASE READ CAREFULLY AS BY CREATING AN ACCOUNT OR UTILIZING THE STRATEGY X SERVICE YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Account means the account You create, including any access credentials (such as a username and password) in order to access the Platform.
Business Day means a day other than a Saturday, Sunday or public holiday in Australia.
Content means any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform.
Intellectual Property means:
Intellectual Property Rights means such rights as may subsist in the Intellectual Property.
Loss or Claim means any damage, loss (including consequential loss and loss of profit), cost, expense or liability incurred by a person, or a claim, action, proceeding or demand made against a person, however arising and whether past, present or future, fixed or ascertained, actual or contingent.
Personal Information has the same meaning as defined in the Privacy Act 1988 (Cth).
Platform means the Strategy X website or mobile application.
Service means Strategy X online Strategy Execution software platform.
You refers to any individual who creates an Account on the Platform, or, if the Platform is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If You are accessing the Platform on behalf of Your employer, you represent and warrant that You have the authority to enter into this Agreement on its behalf. If You do not agree with the terms of this Agreement, or are not authorised to enter into the Agreement on behalf of Your employer, You must not use the Platform.
We means Strategy X.
As needs change, we reserve the right to modify or amend the Agreement at any time and for any reason without notice or acceptance by You. The Agreement will also be applicable to the use of the Platform on a trial basis. By using the Service, you signify your acceptance of this Agreement. The Platform is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any material changes to the Agreement will be posted prior to their implementation.
If you would like to ask a question about this policy, you can send it by email or post:
Email: [email protected]
Grant of Licence
Subject to this Agreement, Strategy X grants to You a limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license and right to access and use the hosted Platform, Content, and other materials provided by Strategy X in strict accordance with this Agreement and solely for purposes of using the Platform and obtaining the Services. No right is granted to you to reproduce, the Platform in whole or in part.
Use, reproduction, modification, distribution or storage of any Content for anything other than purposes of using the Platform and obtaining the Services is expressly prohibited without prior written permission from Strategy X. You must not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. All rights not expressly granted under this Agreement are retained by Strategy X. New features that enhance the current Service are also be subject to the Agreement.
You understand and agree that the Platform may include certain communications from Strategy X and that these communications are considered part of the Services and You will not be able to opt out of receiving them. You agree not to access the Platform by any means other than through the interfaces provided by Strategy X for use in accessing the Service. Strategy X will provide the Services in accordance with this Agreement and may at its sole discretion modify the features of the Services from time to time without prior notice to You.
You are responsible for any and all information you publish by way of the Platform and warrant that all the information provided is true and accurate and does not breach any third party intellectual property or any of the terms of this Agreement.
You acknowledge and agree that it is your responsibility to notify Strategy X immediately if You become aware of any security breach with respect to the Platform or access to the Services.
Data Collection and Personal Information
From time to time we will update the Platform. These updates are generally done without interruption to the service however in some cases use of the Platform may be suspended for a certain amount of time. Where use of the Platform must be suspended, we will provide notification of when an upgrade will occur and the impact to the service.
Support requests can be logged via [email protected] and are usually responded to within one Business Day of receiving a request. Alternatively, users can request a callback via our website.
You agree that You will NOT:
You acknowledge and agree that Strategy X is the proprietor, or an authorised licensee, of all Intellectual Property Rights in relation to the Content and, unless the subject of open source licensing, You must not reproduce or replicate any part of the Content or the layout or design of the Platform.
Your use of the Platform does not provide you with any Intellectual Property Rights in the Platform or Content.
You may download and view the Content, or print a copy of the material on the Platform for personal, non-commercial use, provided that You do not modify the Content in any way, including by removing any copyright or trade mark notice.
All trade marks and logos displayed on the Platform are the property of their respective owners and are protected by applicable trade mark and copyright laws.
You acknowledge and agree that Strategy X is not responsible for any errors or omissions in the information you provide or upload to the Platform.
Strategy X does not warrant or guarantee:
To the extent permitted by law, Strategy X is not liable to You or any other third party for any Loss or Claim in connection with Your use of the Platform or Services.
You indemnify Strategy X from and against any Loss or Claim arising out of, or in connection with, Your breach of the terms of this Agreement, the violation or breach of any laws, or the infringement of the rights of any third party.
You are free to cancel the service at any time which will take effect on the date the current paid subscription period ends. We also reserve the right to suspend or terminate the Service at any time without notice to You if we consider, in our sole discretion, that You are not complying with the terms of this Agreement or are using the Services in a manner we consider may cause us legal or financial liability.
Subscription and Payments
By creating your Strategy X Account and providing us with the details of your Valid Credit Card, you authorise us to charge a monthly Service fee in advance at the then current monthly rate for the Service ( Subscription).
Your access to the Platform may include a free trial period ( Promotional Offer). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer at our absolute discretion.
We will commence billing your monthly Subscription fees at the end of the free trial period, unless You cancel your Account before the end of the free trial period. It's your responsibility to know when Your free trial period ends. This Agreement continues month to month unless You cancel Your Subscription or we terminate this Agreement in accordance with the terms set out above.
If your Account did not commence with a free trial or you cancel your Account at any time after the end of your free trial, cancellation is effective at the end of the current monthly subscription period and your Account will be closed and your access to the Service removed from this date. Because of the nature of the digital services offered we do not offer refunds or pro-rated returns on your subscription to Strategy X.
If the dispute is not resolved within 21 days after the Notice of Dispute is given to the other party (First Period), the dispute is by this clause 14 submitted to mediation at a location agreed between the parties and with a mediator appointed and agreed between the parties.
the President of the NSW Chapter of the Institute of Arbitrators and Mediators Australia (President) or the President's nominee, acting on the request of any party to the dispute.
If the dispute is not resolved within 28 days after the appointment of the mediator (Second Period), the parties will be free to resolve the dispute by any other means they deem fit.
This SaaS Agreement is to be governed by and construed in accordance with the laws of Australia. Each party submits to the exclusive jurisdiction and venue of the state and federal courts located within Australia with respect to any litigation arising out of the breach of enforcement of this SaaS Agreement.
Where any provision of this SaaS Agreement is invalid or not enforceable in accordance with its terms, other provisions of the SaaS Agreement which are self-sustaining and capable of separate enforcement are, and continue to be, valid and enforceable in accordance with their terms.
The waiver by Strategy X of a breach of any provision of this SaaS Agreement must not operate or be construed as a waiver of any subsequent breach.
This SaaS Agreement is the entire agreement between the parties in relation to the subject matter of this SaaS Agreement and supersedes any prior agreement, oral or written, in relation to the subject matter of the SaaS Agreement. This SaaS Agreement may only be amended or modified in writing by Strategy X. Your rights and obligations under this SaaS Agreement cannot be assigned or delegated except that, should the company be acquired by, or its control otherwise be vested in, another entity, this SaaS Agreement will be binding up and inure to the benefit of the successor entity