Introduction

Your use of the WhiteSky Labs Pty Ltd (WSL) websites and software application/s are governed by the following terms and conditions

Please read this information carefully. The use of the WSL websites and software application/s, by you, indicates an acceptance of and agreement to be bound by the terms and conditions set out below (referred to as "this Agreement"). Your continued use of the WSL websites and software application/s constitutes an affirmative, acknowledgment and agreement by you and that you accept and agree and are bound by these terms and conditions and any modifications. WSL suggests that if you have any queries in relation to these terms and conditions that you seek your own independent legal advice. This Agreement supersedes any prior or subsequent terms or conditions included with any communications, agreement, purchase order or invoice whether or not such terms or conditions are signed by WSL.

If you do not agree with the terms and conditions or any subsequent modifications please do not use the websites or the software application/s and do not upload any information or data into the software application/s.

Registration Information

When registering as a user of the WSL software application/s you must provide WSL with accurate, complete and up-to-date information as requested. It is your responsibility to update your information of any changes to that information. You may do this at any time by email pav@whiteskylabs.com

All personal information you provide Proactive Technology Group will be treated in accordance with the Proactive Technology Group Privacy Policy.

Username and Password

Once you register as a user of the WSL software application/s, you will receive a username and password. You must ensure that these remain confidential at all times since you are entirely responsible for all activities which occur under your username and password. You must notify WSL immediately if you become aware of any unauthorized use of your password.

Each username and password must be used by a single user and is not transferable.

Software

The software used in connection with the website and software application/s is protected by copyright and/or other intellectual property rights (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes).

WSL owns the master software license and grants you a non-transferable and non-exclusive license to use the software subject to these Terms and Conditions. We may terminate the license at any time without cause or notice to you.

Access to the software application/s are through the interface at http://www.practek.com – http://www.pavue.com - http://www.proactivevue.com  – http://www.proactiveebook.com – http://www.proactivetours.com – http://www.myeprofile.biz or any other website notified to you by WSL.

Trade Marks

Our name and other trade marks, including the distinctive logos that appear on this website, are our trade marks or the trade marks of other third parties (Trade Marks).

Nothing contained on the website is to be construed as granting, by implication, estoppels, or otherwise, any license or right to display, use or link to the Trade Marks, whether registered or unregistered, without our prior written permission or the prior written permission of the relevant third party owner. Your use of the Trade Marks, except as permitted in these Terms of Use, is strictly prohibited.

Third party links and advertising

Our websites and software application/s often include advertisements, hyperlinks and pointers to websites operated by third parties. Those third party websites do not form part of the WSL websites and are not under the control of or the responsibility of WSL. When you link to those websites you leave our web site and do so entirely at your own risk. A display of advertising does not imply an endorsement or recommendation by WSL.

GST

Unless stated to be otherwise, charges referred to for purchasing the access license and ongoing purchases of products provided by WSL are GST exclusive. Where GST applies WSL will issue you with a Tax Invoice as confirmation of the payment. Please retain a copy of this document as the Tax Invoice for your regular subscription payments.

Product Pricing and Fees

The Price for products shall be paid in accordance with the Price quoted to you by WSL or its subsidiaries, resellers, sub-resellers and affiliates. WSL reserves the right to change the price of products or fees. Any such modifications will become effective upon the date they are first published. All prices are referred to in Australian Dollars.

Payment Terms

All payments by you to WSL for products and fees are to be made by direct debits from your Visa Card, Master Card, Bank Account or by using the method prescribed to you by WSL or its subsidiaries, resellers, sub-resellers and affiliates prior to using the software.

Accuracy of information and disclaimer of warranties

The content and information you upload onto the WSL software application/s must not contain intentional errors, omissions, inaccuracies or outdated information. Neither WSL, its business partners, other related companies nor its or their directors or employees make any representation or warranty that any material you upload onto the WSL software application/s will be reliable, accurate or complete and that your access to the WSL websites and software application/s will be uninterrupted. Nor do they accept any responsibility arising in any way for errors in or omissions from that material. WSL will not be liable for loss resulting from any action or decision by you in reliance on the information in the WSL website and software application/s, nor any interruption, delay in operation or transmission, communications failure, internet access difficulties virus or malfunction in equipment or software.

Your Contributions

WSL permits you to make Contributions to its websites and software application/s.

You retain sole responsibility and accept all liability for all Contributions you make to any WSL websites or software application/s. WSL disclaims any and all liability in connection with your Contributions. WSL assumes no responsibility for monitoring any Contributions. WSL does not in any way endorse the information in your Contributions including any opinion, recommendation or advice expressed. WSL is under no obligation to treat your Contributions as confidential information.

WSL may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, WSL may remove or disable access to any or all your Contributions if it considers that:

a. those Contributions are in breach of any law or regulation;
b. those Contributions infringe the intellectual property rights of any third party;
c. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
d. those Contributions are:

o misleading or deceptive;
o inappropriate having regard to the purpose of the Website of software application;
o likely to cause offence;
o materially incorrect;
o obscene;
o defamatory;
o otherwise unlawful; or
o corrupt, due to the presence of a virus or other disabling code.

You retain all of your ownership rights in your Contributions. WSL is under no obligation to treat your Contributions as proprietary information.

To the extent that any Contributions are proprietary in nature, you grant WSL, in respect of your Contributions to its websites and software application/s a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of the website a nonexclusive license to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by WSL and this Agreement.

You grant WSL, in respect of your Contributions to its websites and software application/s the right to use your registered name or the name you submit with the Contribution, and, the right to represent and warrant that:

a. you own and control all of the rights to the Contributions; or
b. b. you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorize WSL to display the Contributions. For any Contributions that you may retain moral rights in, you declare that:
a. you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
b. you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by WSL in respect of all Contributions;
c. you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
d. you release WSL in respect of all Contributions from any claims that you could assert against WSL by virtue of any such moral rights.

Indemnity

You agree to indemnify and hold WSL and its subsidiaries, resellers, sub-resellers and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, consequential or other loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your contributions, use and access to the website and software application/s that are not in accordance with these terms and conditions.

Proper Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with laws in force in South Australia and all disputes arising in connection with this Agreement shall be submitted to the jurisdiction of the relevant court of South Australia.

Limitation of Liability

WSL and related companies do not exclude any rights and remedies available to you under the Trade Practices Act or any similar State of Territory legislation which can not be excluded, restricted or modified. Otherwise WSL and its related companies exclude all conditions and warranties, which may be implied by law.

To the full extent permitted by law,WSL liability for breach of any implied warranty of condition which cannot be excluded is restricted, at WSL option to: In the case of services supplied or offered by WSL;

~ the re-supply of those services; or
~ the payment of the cost of having those services re-supplied

You expressly agree and understand that under no circumstances will WSL or related companies be liable to you for any indirect, incidental, special, consequential or punitive damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure of malfunction or interruption of business) regardless of whether WSL of related companies have been advised of the possibility of such damages.

If the foregoing are held unenforceable, the maximum liability of WSL and related companies to you shall not exceed the amount of the price paid by you for the WSL service. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to this Agreement.

Subject to any form of liability otherwise implied by law, our total cumulative liability to you shall not exceed AUD$100.00

Termination and Alterations by WhiteSky Labs Pty Ltd

WSL, aat its discretion, can terminate your license of and access to, the WSL website and software application/s at any time. If this happens in such event:

~ you are no longer authorized to access the website and software application/s
~ you will continue to be subject to and bound by all restrictions imposed on you by these terms and conditions
~ all disclaimers by WSL limitations of WSL liability set out in these terms and conditions or elsewhere on the WSL website will survive.

Updating the the WhiteSky Labs Pty Ltd software application/s

WSL may change or discontinue any feature of the WSL software application/s including software products, product prices, product features and hours of availability.

WSL reserves the right to make changes to product prices, the software application/s, the website and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the website. You are responsible for ensuring that you regularly review these documents. Your continued use of the WSL website and software application/s after such changes or modifications will be deemed to constitute your acceptance of those changes.