Terms & Conditions

Effective 20 April 2014
Last Updated: 27 May 2014

General

Your access to and use of the Plot & Audit Service, including all functionality and content howsoever received or delivered, is governed by these Terms and Conditions of Use (the "Terms"). You may use the Plot & Audit Service only in compliance with these Terms and all applicable legislation, regulation, policies and rules as may apply to the location from which you are using the Plot & Audit Service and as may apply within other jurisdictions affected by such use.

By accessing the Plot & Audit Website you are deemed to accept and agree to comply with and be bound by these Terms. If you are a Plot & Audit Subscriber, by accepting these Terms you attest that you are legally entitled and able to enter into a binding contract with Amtac Professional Services Pty. Ltd. ("Amtac"), for the provision of the Plot & Audit Service. If you are accepting these Terms and using the Plot & Audit Service on behalf of a company, organisation, government department or agency, or other legal entity, you represent and warrant that you are authorised to do so.

Under no circumstances shall Amtac be liable in any way for any errors or omissions in any information accessed through the Plot & Audit Service, or any loss or damage of any kind incurred as a result of the use of any information uploaded, emailed, transmitted or otherwise made available via the Plot & Audit Service or subsequently following your use of the Plot & Audit Service.

The Plot & Audit Service is the subject of ongoing improvement and may be expanded, reduced, or change in function from time to time without prior notice to you. Whilst Amtac attempts to maintain resilience and the availability of the Plot & Audit Service, Amtac may for operational reasons need to suspend providing the Plot & Audit Service without prior notice to you.

Plot & Audit Subscriber responsibilities

The term "Plot & Audit Subscriber" includes any natural person or legal entity that enters into an explicit or implied contract with Amtac for the provision of the Plot & Audit Service for themselves or another party.

The term "Material" may include, without limitation, computer files of any form, such as documents in various formats, images, illustrations, photographs, video recordings, and audio recordings.

As a Plot & Audit Subscriber you are responsible for and accept any consequences associated with your use of the Plot & Audit Service, including (without limitation) as may arise from your obligation to maintain the currency and accuracy of the information or Material you wish to have displayed and/or accessed via the Plot & Audit.com website and/or emailed.

The intellectual property rights in any any information or Material you upload or display on or through the Plot & Audit Service are retained by you or the authority under which you have transfered the material to the Plot & Audit Website. By uploading information or material on or through the Plot & Audit Service, you grant us a worldwide, non-exclusive, royalty-free license to process, reproduce, adapt, modify, publish, transmit, display and distribute such information and Material in any and all media or distribution methods and as otherwise governed by these Terms. In submitting information and uploading Material to the Plot & Audit website, you agree to accept all liability for so doing and undertake to ensure that any information and/or files that you upload do not infringe the rights of any third party, and understand that any such infringement may subject you to personal liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any information and material that you add through the Plot & Audit Service.

Offensive, Misleading or Harmful Content

As Plot & Audit Subscribers are solely responsible for the content they chose to have displayed and/or available via their account. Amtac does not monitor or control the information, Material or other content added by Plot & Audit Subscribers and does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications initiated via the Plot & Audit Service.

By accessing or using the Plot & Audit Service, you acknowledge and agree that you may be exposed to information and Material dispalyed by a Plot & Audit Subscriber that might be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The information displayed or otherwise accessible through the use of Plot & Audit is nominated and maintained by the Plot & Audit Subscriber. Amtac accepts no liability whatsoever with respect to any person or entity using the Plot & Audit Service and any use or reliance on any information or Materials obtained by you through the Plot & Audit Services is at your own risk.

If you become aware of any offensive, harmful, inaccurate, deceptive, or otherwise inappropriate information or Material accessible directly via the Plot & Audit Service or through links from the Plot & Audit Service to external websites, please report it immediately to c3VwcG9ydEBhbXRhYy5uZXQ= with all the details, as applicable.

Amtac reserves the right to temporarily or permanently cancel a Plot & Audit Subscriber's account and/or terminate or suspend the function of any Plot & Audit record where the use of a Plot & Audit Code is deemed by Amtac to be associated in any way with information or Material that is suspected to be in contravention of a law, or considered to be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate.

Privacy

Any information that you provide to Amtac in respect of the Plot & Audit Service is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Plot & Audit Service you consent to the collection and use of this information, including the transfer of this information to Amtac's servers in Australia for storage, processing and use in the delivery of the Plot & Audit Service.

By using the Plot & Audit Service you grant to Amtac a worldwide, non-exclusive, royalty-free license to display and/or release information or material submitted by you on your behalf via the Plot & Audit.com website. The licence that you grant includes the right to sublicense, use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such information and Material in any and all media or distribution methods (now known or later developed). Unless required by law, such display or release shall be in strict accordance with the settings you apply in your account, or as may reasonably be required to ensure the safe and correct operation of the Plot & Audit Service.
(i.e. the settings you apply for Operators on your account will determine what information and functions are available to those Operators through the Plot & Audit.com website, and the licence you grant to Amtac legally enables us to make available the information you nominate in the way you nominate.)

In agreeing to these Terms you understand that Amtac may modify or adapt your information or material in order to transmit, display or distribute it over computer networks and/or make changes to your submitted material as are necessary to conform and adapt that material to any requirements or limitations of any networks, devices, services or media.

Where you provide to Amtac any images, recordings, testimonials or feedback relating to your use of the Plot & Audit Service, through any means such as email, web-form submissions, blog posts, Tweets, Facebook Posts or other means, you you grant to Amtac a worldwide, non-exclusive, royalty-free license to use such Material for Amtac to promote the Plot & Audit Service to other companies, organisations or individuals.

Where you use a coupon/voucher to purchase your Plot & Audit Subscription, you agree that Amtac may display your name and email address to the applicable Plot & Audit Partner in commission statements and routine reporting arrangements. In using the coupon/voucher, you agree that the related Plot & Audit Partner may contact you to determine your stausfaction with the Plot & Audit Service and/or in relation to their own products/services. If at any time you wish to be disassociated with your initial Plot & Audit Partner, you may request this action be taken and at that time your name and email address will no longer be accessible to that Plot & Audit Partner.

Your Login and Password

As a Plot & Audit subscriber, you are responsible for maintaining and protecting the credentials you use to access the Plot & Audit Service. We recommend that you use a different password on each of the Internet services you access and that you never share your password with anyone. If you believe at any time your password has been compromised, you should immediately change it and contact c3VwcG9ydEBhbXRhYy5uZXQ= with all the details. By using the Plot & Audit Service you agree that you have sole responsibility for the actions taken under your name when a person is logged into your account using your username and password.

Licence and Fair Use

Under these Terms, Amtac gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Amtac in order to access and use the Plot & Audit Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Plot & Audit Service as provided by Amtac, in the manner permitted by these Terms and specifically prohibits any use of the Plot & Audit Service for unlawful purposes or in any manner that may be considered to be detrimental to the commercial interests of Amtac or the interests of Plot & Audit Subscribers.

The Plot & Audit Service includes the facility to send and receive messages and store Materials in relation to the various functions of Plot & Audit. It is a condition of use of the Plot & Audit Service that these facilities are not to be exploited or misused and Amtac reserves the right to apply Fair Use provisions to any and all services, to establish limits on use and on storage, at our sole discretion and at any time without prior notice to you.

Rules and Restrictions

The Plot & Audit Service is intended to provide a convenient and efficient method of recording data and you may not do any of the following while accessing or using the Plot & Audit Service, or coincidental to your use of this website:

  1. apply an Audit Item to any location for the purpose of deception or misrepresentation, or use the Plot & Audit Service in conjunction with any unlawful act;
  2. send unreasonably excessive numbers of messages from or through your Plot & Audit Subscriber account;
  3. harass, bully or stalk or attempt to harass, bully or stalk, or otherwise compromise the wellbeing of a Plot & Audit Subscriber or user of the Plot & Audit Service;
  4. enter the email address of another person in a contact form, where that other person has not authorised such use with the Plot & Audit Service;
  5. display or enter false or misleading information;
  6. use the Plot & Audit Service for the purpose of harvesting information or spamming anyone;
  7. publish or link to offensive or malicious content;
  8. access or search or attempt to access or search the Plot & Audit Service by any means (automated or otherwise) other than through published interfaces that are provided by Amtac or in accordance with the provisions of the robots.txt file;
  9. disrupt or interfere with, or attempt to disrupt or interfere with the use of the Plot & Audit Service by any Plot & Audit Subscriber or any other user by any means, including without any limitation, the distribution of viruses or overloading the network or other aspects of the provision of the Plot & Audit Service, or acting in any manner that may create an undue burden on the Plot & Audit Service infrastructure.
  10. probe, scan, or test the vulnerability of any Plot & Audit related system or network, or breach or circumvent any security or authentication measures;
  11. use the Plot & Audit Service to display or send altered, deceptive or false source-identifying information.

Where a Plot & Audit Service subscription is not renewed or lapses, the Operators on the account will no longer have access to the data, information and Material uploaded to the account. However, the account data will be retained for a maximum of twenty-four (24) months, or until removal is requested by an authorised person, and it will then be purged from Amtac's servers. A subscription may be renewed even after it has lapsed, and as long the renwal occurs prior to any purging of data, the information and Material uploaded to Plot & Audit and all configurations relating to Audit Projects will again be accessible to authorised Operators.

Amtac's Rights

All right, title, and interest in and to the Plot & Audit Service (excluding information and Material added by Plot & Audit Subscribers) are and will remain the exclusive property of Amtac. The Plot & Audit Service is protected by copyright, trademark, and other laws of both Australia and other countries. Nothing in these Terms gives you any right to use the Plot & Audit name or any of the Plot & Audit trademarks, logos, domain names, and other distinctive brand features for any purpose unless the subject of a separate binding written agreement between you and Amtac (e.g. Production Partner Agreement). Any feedback, comments, or suggestions you may provide to Amtac regarding the Plot & Audit Service is entirely voluntary and Amtac will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Whilst sensitive information is stored in an encrypted form to protect the interests of Plot & Audit Subscribers, Amtac reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. respond to user support requests;
  2. comply with a lawful request or meet an obligation in a legal process;
  3. investigate potential violations of these Terms;
  4. detect, prevent, or otherwise address fraud, security or technical issues;

Amtac reserves the right at all times to remove or refuse to display information and/or Material on the Plot & Audit Service and to suspend or terminate users without liability to any Plot & Audit Subscriber or other person.

Termination of Agreement

These Terms remain in effect until terminated by either you or Amtac as follows:

  1. discontinuing your use of the Plot & Audit Service and/or closing your Plot & Audit Accounts and/or failing to renew your Plot & Audit subscription ;
  2. your Plot & Audit Account is suspended or closed due to a failure to pay an invoice from Amtac within the prescribed time or as otherwise permitted under these Terms;
  3. your Plot & Audit Account is closed or your rights to access the Plot & Audit Service are suspended where Amtac reasonably believes that you have acted contrary to these Terms or your actions create any legal or commercial risk to Amtac or its clients.

Notwithstanding the termination of this agreement and your rights to use the Plot & Audit Service, applicable provisions within these Terms shall continue to apply insofar as they operate to protect the interests of Amtac and its clients.

Disclaimer

Use of the Plot & Audit Service is undertaken at your own risk. Amtac provides the Plot & Audit Service on an "AS IS" and "AS AVAILABLE" basis. To the extent permitted by law, Amtac disclaims all warranties and conditions, express or implied, of merchantability, or fitness for a particular purpose. Amtac disclaims all responsibility and liability for the currency, completeness, accuracy, availability, timeliness, or reliability of the Plot & Audit Service.

Users of the Plot & Audit website should be aware that some web browsers may incorporate plug-ins or other malicious or "helper" software that inserts links and/or advertising into the pages of websites being visited. The actions of such software occur on the affected computer and not on the server, so are outside the control of Amtac. It is your responsibility to use current malware/virus detection and removal software to minimise your risk of being unknowingly impacted by such programs, and we strongly recommend that you avoid knowingly installing such applications. These programs intend that such links appear to be intentionally placed by the authors of the website, so users of Plot & Audit.com should be alert to misleading hyperlinks or advertisements inserted by their browsers and check their computers regularly for malware.

To the maximum extent permitted by law, Amtac shall not be liable for any indirect, incidental, consequential or punitive damages, or any loss of profits or revenues, or any loss of data, function, goodwill or other intangible losses resulting from or in any way related to the use of the Plot & Audit Service. In no event shall Amtac's aggregate liability exceed the greater amount of one hundred Australian dollars (AU$100.00) or the amount you paid Amtac in the preceding three (3) months in direct relationship to the Plot & Audit Service and giving rise to the claim.

Applicable Juridiction

The application of Terms and any related legal action will be governed by the laws of the State of Queensland, Australia. Any claims, legal proceedings or litigation arising in connection with the Plot & Audit Service will be brought solely in applicable courts within Queensland, and in using the Plot & Audit Service you consent to these conditions and waive any objection related to jurisdiction.

Entire Agreement

Notwithstanding additional provisions within any separate agreement, such as may apply to Plot & Audit Partners, these Terms are the entire and exclusive agreement between Amtac and you regarding the Plot & Audit Service, and these Terms supersede and replace any prior agreements between Amtac and you regarding the Plot & Audit Service. Amtac may revise these Terms from time to time, the most current version will always be at Plot & Audit.com/terms. By continuing to access or use the Plot & Audit Service after those revisions become effective, you agree to be bound by the revised Terms.

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