Terms and Conditions

This is an important document which you must consider carefully when choosing whether to use the www.projectia.com website at any time.

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH www.projectia.com OFFERS YOU ACCESS TO OUR SERVICES.

Acceptance of User Agreement

These Terms and Conditions (“Terms”) is a contract between you and Projectia Pty Ltd (ACN 160 082 397) if you are a user of www.projectia.com. The Site is offered to you conditionally on your acceptance of the Terms. Please review the terms and conditions set out below before using the Site. Your initial as well as continued use of the Site after such time will signify your acceptance of these Terms.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and Projectia Pty Ltd (“Projectia”) as to its subject matter.

If you do not agree to any of Terms you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your www.projectia.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to the site if you carry out activities which are in contravention of these Terms and its associated policies incorporated by reference.

Amendment of User Agreement

Projectia reserves the right to determine the form and means of providing notification to you, and you agree to receive legal notices electronically if we so choose. We may revise these terms from time to time and the most current version will always be posted on our website. If a revision is material, as determined at our sole and exclusive discretion, we will notify you. By continuing to access or use the Products or Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, stop using Projectia.

1. ELIGIBILITY

Projectia offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service.

The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 15 years of age. If Users do not meet this age requirement, they may not use any of Projectia’s Services including, but not limited to, those that require that the User's be able to form legally binding contracts.

Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us. Where we are notified of unauthorized third-party use of a User’s account, we will work with that user to restore his or her account in a reasonable time frame.

2. USERS

For the purpose of these Terms a User is defined as: "You", "Your", “Follower”, “Collaborator”, “Sponsor” or “Company”, when being referred to anyone accessing our Services or Site for any reason.

Projectia provides a venue for Users to publish and communicate about projects they or others submit to the site. The Site enables Users to identify each other and work together online to share, communicate and complete projects.

3. LEGAL RELATIONSHIP BETWEEN YOU AND PROJECTIA PTY LTD

3.1 Termination

Projectia reserves the right to terminate the participation of any User without reason but expressly including any User that Projectia judges to be in violation of the Terms, Privacy Policy or Guidelines. Without limiting the foregoing, Projectia may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

For the avoidance of doubt, by using Projectia you acknowledge and agree that we have the sole and exclusive discretion to determine whether termination is warranted in any particular instance.

3.2 Termination for Legal Conflict

The only parties to a project are the Follower, Collaborator and Sponsors who all are considered a User. You acknowledge and agree that you will not enter into any agreement with a third party that conflicts in any way with these Terms, the Privacy Policy or the Guidelines. For the avoidance of doubt, any contract or agreement that conflicts in any way with these Terms, the Privacy Policy or the Guidelines is grounds for termination of (i) your account and/or (ii) your participation in any Projectia project sponsored by another User.

3.3 User Responsibilities

The responsibilities of the User are set out in the Guidelines.

You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a User, or in any other uses you make of the Site.

If another user breaches any obligation to you, you are solely responsible for identifying and enforcing any rights that you may have. For the avoidance of doubt, Projectia has no responsibility for identifying or enforcing any particular user’s rights against another user.

3.4 No Insurance

Projectia does not offer any form of insurance, warranty or indemnity which will assist you, because our Site merely provides the online venue for Users to post and collaborate on projects we are not otherwise involved in the transactions and interactions between Users. For the avoidance of doubt, by using Projectia you acknowledge and agree that no insurance, warranty or indemnity has been provided to you by Projectia in connection with the user of its products and services.

However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited User protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

Because user identification on the Internet is not feasible with existing technologies, we cannot and do not confirm each User's purported identity.

3.5 Independent Contractors

Each User acknowledges and agrees that the relationship between Users is independent to the site. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between: (1) individual Users; or (2) between Projectia and any specific User or group of Users.

3.6 Services offered by Projectia Pty Ltd

3.6.1 No right to copy or commercialise Projectia IP.

Projectia offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Users and to enable Users too efficiently and cost effectively manage their projects. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these Terms. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.

3.6.2 No warranty.

Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No insurance, warranty or indemnity is made that the information is accurate or reliable and Projectia and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.7 Terms of Use

By using Projecting, the User acknowledges and agrees to the following terms:


3.7.1 Nature of an online service provider.

Our Site merely acts as an online service provider and/or venue that allows Users to share and communicate in relation to projects they create and develop. You acknowledge and agree that Projectia is not involved in the actual transaction between the Users. As a result, Projectia has no control over the quality or legality of the information provided by Users on our Site, or the ability of Projectia to provide the services. We do not represent or guarantee that a User will actually complete a transaction or act lawfully in using the Site.

3.7.2 Projectia is not a domain or discipline expert.

Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s).

For the avoidance of doubt, all of the information that Projectia and Projectia’s users provide should not be considered professional, medical, legal, technical, or any other discipline-specific advice. Projectia makes no warranties or representations about the reliability, accuracy or usefulness of the information syndicated through the site generally or by any specific User or group of Users.

3.7.3 Removal of offensive and inaccurate content.

The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mistakenly labelled by Projectia or mistakenly and/or deliberately mislabelled by a third-party. In such cases, Projectia makes no specific assurances or representations in relation to identifying and removing such material. However, Projectia will in these cases take reasonable steps to remove such content at its sole and exclusive discretion.

3.7.4 No liability for illegal, offensive, inaccurate, defamatory, or unauthorized content.

Projectia provides unmonitored access to third-party content. Projectia is only acting as a venue and/or portal, it does not possess the right and ability to monitor, edit, moderate, or otherwise administer the activities of its users. Because Projectia’s architecture is that of a free and open forum, by using Projectia you acknowledge and agree that it has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

Moreover, this web site may contain links to third-party web sites. Projectia does not control nor always review the web sites to which we link from the Site. Projectia, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

3.8 Promotion

You agree and acknowledge that unless explicitly requested, Projectia may display your name, company name, logo and public description of your projects and profile as part of the Projectia website(s) and / or other Projectia marketing materials.

3.9 Notices: Consent to Contact

You consent to Projectia contacting you by electronic means as part of delivering the services outlined in these Terms. Additionally you consent to being contacted by electronic means by Projectia for the marketing of campaigns, offers, new products or services.

3.10 Third-Party Sites

The Service may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the control of Projectia, and you acknowledge and agree that the company is not liable for content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with Projectia. You further acknowledge and agree that Projectia shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

4. FEES

Projectia charges fees only in relation to registration by a corporate or charitable entity; personal use of the site does not attract any fees.

All fees are set forth in the summary of Projectia’s registration fees and charges which can be found on the Site. All fees will be assessed in Australian dollars. Your Account and all transactions are made and displayed in Australian dollars unless otherwise specified.

Projectia earns registration fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by Projectia that are accessible through the Site and to cover expenses and fees Projectia incurs to banks, credit card companies, PayPal, and payment processors. All fee’s applicable to your transaction are indicated and passed on to you, the User, in addition to any registration fee.

5. USER CONTENT


5.1 Content

The User is solely responsible for content or any other information the User provides to Projectia. User understands and agrees to the following:

These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.

User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

5.2 Grant of License

By submitting User content to Projectia (including, but not limited to creating your Account; commenting on a topic, posting an update, posting media, posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Projectia), you hereby grant to Projectia a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide.

You also acknowledge and agree that once you have submitted content to Projectia, the terms of this worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license cannot be modified, changed, revoked, or otherwise limited in any way.

6. USER RESTRICTIONS


6.1 Prohibited Use of Site Content

The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, comments, topics, likes, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

6.2 General Restrictions

Users agree that:

6.3 Consequences of Termination

In the event of termination, Users found in violation of these Terms will not receive any credit or payment from Projectia.

Without limiting Projectia’s other remedies, to the extent you are in violation of this User Agreement, you must pay Projectia for all fees owed to us and reimburse us for all losses and costs and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You and Projectia agree that the damages that Projectia will sustain as a result of actions that breach these Terms will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and Users, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Projectia may fine you up to AUD$1,000.00 for each such violation and/or Projectia may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to AUD$1,000.00 is presently a reasonable pre-estimate or minimum estimate of Projectia’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Projectia that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. In the event of termination, you will have no claim whatsoever against Projectia in respect of any such suspension or termination of your membership.

7. DISPUTES BETWEEN USERS


7.1 Projectia is Not a Party to Disputes

Any disputes regarding arrangements between Users remain solely between Users. We are not involved in any transactions between you and any other users of Projectia.

You acknowledge and agree that Projectia will not be a party to any such dispute.

If you have a dispute with any other users of the Site, you hereby release Projectia from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

8. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA

Your personal information will be processed by Projectia in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Projectia and any associated entity within the Projectia organisation or sub contractors of the Projectia organisation.

Projectia discloses sensitive personal information only if required to comply with legal obligations or with your consent.

The use of personal information is detailed further in the Projectia Privacy Policy

9. TRADEMARKS

Projectia is a trademark of Projectia Pty Ltd (ACN 160 082 397).

10. COPYRIGHT

The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property Projectia and are protected by Australian and international copyright laws.

11. NO WARRANTY

Projectia is not involved in the actual transaction between Users. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, Projectia does not represent or warrant that:

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to Projectia, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.

To the extent that Projectia is able to limit the remedies available under this User Agreement, Projectia expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Projectia’s sole discretion):

(1) in the case of goods, any one or more of the following:

(2) in the case of services:

However, if you are considered a consumer under an Australian consumer protection law that applies to Projectia, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.

12. LIMITATION OF LIABILITY


12.1 Limitation of Liability

In no event shall Projectia, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

The limitations on Projectia’s liability to you above shall apply whether or not Projectia, its affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Projectia and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

12.2 Jurisdiction's Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

12.3 Bar to Action

Projectia may plead these Terms in bar to any claim, action, proceeding, class action or suit brought by you, against Projectia for any matter arising out of any transaction or otherwise in respect of this User Agreement.

12.4 Dispute Resolution

If a dispute arises between you and Projectia, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly.

For any claim, Projectia may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Projectia elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Projectia will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Projectia must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Projectia may recover its legal fees and costs (including in-house attorneys and paralegals) , provided that Projectia has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Projectia will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Projectia’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

13. INDEMNITY

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

14. CURRENCY

Currency conversions will be completed at a rate displayed on the Site, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency.

You are responsible for all risks associated with maintaining balances in foreign currencies (including, the risk that the value of these balances will fluctuate as exchange rates change, which could result in decreases in the value of the balances). You agree not to attempt to use the Site to engage in speculative trading, which could result in substantial losses. No advice is provided on the Site and nothing on the Site should be relied upon as such. Use of this aspect of the Site is at your own risk.

Please note that the most readily available information on currency exchange rates is based on "interbank exchange rates". Interbank exchange rates are established in the course of currency trading among a global network of over 1,000 banks, and are not available through consumer or retail channels. These rates are not a suitable reference for currency changes made on the Site.

Certain currency related services are provided by JBS Investment Management Limited, including its subsidies, as applicable, including JBS Investments Australia Holding Limited, AFSL 401869.

19. APPLICABLE LAW

Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Victoria, Australia. You and Projectia irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

20. GENERAL


20.1 Integration

These Terms and other referenced materiel (Privacy Policy and Guidelines) are the entire agreement between you and Projectia with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Projectia with respect to the Service and govern future relationship.

20.2 Severability

The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Projectia to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Projectia. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

20.2 No Waiver

No Waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Projectia’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

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