Terms and Conditions (TBC)
Welcome to the Augment Space website and platform. The terms of service was last updated on 14 June 2017.
Augment Space website and platform provides a photograph, plan, maps, images and content hosting service that allows house owners, photographers and businesses to upload and store photos, plans, images and content on the Platform, and upload, download, sell or otherwise make available such photos, plans, images and content. The Augment Space website and platform also provides an online service where individuals or businesses can promote their properties and allow potential purchasers to view these properties from different angles and perspectives.
- PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING THE WEBSITE, USING ITS CONTENT OR OBTAINING SERVICES THROUGH OR IN RELATION TO IT.
- THIS IS A LENGTHY DOCUMENT BUT CONTAINS IMPORTANT INFORMATION HAVING LEGAL EFFECT.
- IF YOU CONTINUE TO THE PLATFORM, USE ITS CONTENT OR OBTAIN SERVICES THROUGH OR IN RELATION TO IT, THIS INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
- IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS WEBSITE, ITS CONTENT OR ITS SERVICES.
- THE PLATFORM IS CURRENTLY IN BETA STAGE AND WE CAN NOT AND DO NOT MAKE ANY GUARANTEES FOR UPTIME, FUNCTIONALITIES, AVAILABILITY, ETC.
- EVERYTHING SHOWN AND CREATED ON THE PLATFORM HAS BEEN CREATED BY THE CREATOR OF THE PROJECT AND WE DO NOT WARRANT ITS AUTHENTICITY OR ACCURACY.
PURPOSE & PARTIES
The Platform is owned and operated by Augment Space Pty Ltd (ACN 619023371) trading as Augment Space (we, our, us or Augment Space).
You acknowledge that the Services may be provided by us, on our behalf or directly from other parties. You acknowledge that portions of the Content are either owned by or exclusively licensed to us (including but not limited to the Platform markup language coding and inline graphical data) (Augment Space Content) whilst other portions are owned by other parties, including but not limited to other users or organisations.
By accessing the Platform, using the Content or obtaining the Services at any time, you represent and warrant that:
- if you are over 18, that you are able to form legally binding contracts under applicable Australian law or if you are under 18, that your parent or guardian has entered into the Agreement on your behalf; and
- if you are doing so on behalf of any other person(s), you are duly authorised to enter into the Agreement on behalf of the relevant person(s), that the relevant person(s) will abide by the provisions of the Agreement and the relevant person(s) will indemnify us against their failure to abide by the provisions of the Agreement.
In consideration of your use of the Platform, you agree to provide accurate, complete and current information at the time of registration, and agree to maintain its accuracy and completeness at all times.
You may register on the Platform individually or as an organisation. On registration, you must select a billing plan. If registering for your organisation, you warrant that you are duly authorised to register the account for the organisation.
SELECTION OF A PLAN
The level of access you have to the Content and Services (personally or for your organisation) is dependant on the billing plan you sign up to based on the level below (Your Plan).
If you do not select a billing plan, then access to the Content or the Services you can access will be limited to viewing projects which are either publicly visible or shared with you directly from other users of the Platform.
You or your Organisation may add more users within a group. Every time an additional user is added, the person adding the users gives permissions to the user to access the various features of the Platform. If you or your organisation do a bulk add of users, you or your Organisation are responsible for the permissions that are sent out to all the users. These permissions may range from the ability to add more users, to creating new projects/iterations, to simply managing contacts and events for the project.
You agree not to use a false or misleading name or a name you are not authorised to use. You may not use a name that violates any third party’s trade mark or other proprietary right, which is or may be illegal to use, and may cause confusion to the person’s identity, group’s identity, organisation’s identity or association with other entities.
We have absolute discretion as to whether or not we accept a particular user’s registration or its continued participation on the Platform. Any user names deemed by us to be vulgar or otherwise offensive may require immediate name change or deletion of such profiles and accounts. Any users whose profiles and accounts have been terminated may not access the Platform for any reason without receiving our express written permission. Active users may not knowingly allow suspended or terminated users to use their user profile or account.
If you are seeking to register on behalf of another person, you are specifically prohibited from registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any user if you are not expressly authorised by such party to do so.
You must not create multiple profiles and accounts to avoid suspension. You agree not to create multiple profiles and accounts to avoid suspension.
You are entirely responsible for maintaining the security and confidentiality of your Platform password, and/or access code and identification. You agree to accept all responsibility for any and all activities that occur under your Platform profile and account, and agree that we are not responsible for any losses incurred in connection with your profile and account. You accept all risks of unauthorised access to your registration information, and must notify us immediately of any unauthorised use of your passwords, profile, account or other breach of security.
Where an organisation’s preferred registration name has already been registered, you acknowledge and agree that the organisation’s only solution is to create another group name that resembles the preferred name but which has not already been registered by another organisation.
We will not become involved in internal grievances or disputes between group members of an organisation and their representatives as to who may register on behalf of such group. You acknowledge and agree that determination as between group members and their representatives as to who may register on behalf of such a group is the collective responsibility of the group members and their representatives.
BILLING AND ADD ON ITEMS
Billing is based on Your Plan.
As noted above in detailed about Your Plan and below in relation to usage depending on Your Plan, each plan restricts the number of iterations a user (being you of your organisation) can create. These restrictions relate to the total transfer limits in GB/month, the total drive space available to them in GB for storage, the total number of projects or iterations you can save, as detailed in the table above.
Once you or your organisation has used up their monthly transfer limits, you or your organisation are charged a fixed amount for overages as detailed in the plans. You or your organisation will receive updates when you have reached 50%, 75% and 100% usage along with an overage charge notification on your linked credit card, which must be provided when registering for an account.
Users, whether you or your organisation can elect to buy more iterations as add ons, along with other Services or functionalities that are not available Your Plan, or which you have already consumed on Your Plan.
USAGE DEPENDING ON YOUR PLAN
You acknowledge that:
- users may be individuals or organisations;
- users may be unregistered or registered;
- registered users may acquire privileges from us including but not limited to use of additional Content and obtaining additional Services; and
You acknowledge and agree that the level of access you have to the Platform depends on the level of Your Plan. Depending on Your Plan, you will be able to create the number of iterations permitted by Your Plan, noting each project can have multiple iterations.
Subject to Your Plan, one iteration may have up to 50/100 panoramas. By way of example, if Your Plan has six iterations, you can either create six projects with a single iteration or two projects with three iterations, or a single project with six iterations. That is, if Your Plan has 6 iterations, you may select options and variable which total six iterations.
As part of Your Plan, you may invite other users into your personal group (or organisation group for an organisation). Depending on the permissions granted to each invited user, other users from this group can also start creating iterations, which are then deducted from your iteration balance (or the organisation’s iteration balance).
Public vs Private: An iteration within a project can be made public or private depending on the creator’s preference. All iterations that are private can be viewed or edited by anyone who is invited to the project and has provided the user with adequate level of permissions (as detailed above). All iterations that are public can be viewed by anyone, even if they are not a part of the user’s organisation. A user being a part of the organisation does not directly get access to edit/view projects, unless they are explicitly invited to do so (they can still view it if it’s a public project).
Sharing: Viewers/creators may share the project with any one across multiple social networks or over email, however any project that is private and shared publicly, will still be only visible to individuals who have access to the project.
Contacts, Floorplans, Events: Every project can have multiple contacts, which are shown to anyone who is viewing the project. So therefore the creator must have consent of the contact mentioned within the project. Floorplans / maps / site layouts and other Content can be attached to each iteration and marked with highlighters to signify locations on the floorplans. Events can be added to each project, these events will automatically be removed from the front end of the project as their date and time goes into the past.
We maintain the right to change, suspend, or discontinue all or any part of access to the Platform (and any use of Content or obtaining of Services contingent upon such access) at any time, without prior notice or liability. You acknowledge and accept that access to the Platform (and any use of Content or obtaining of Services contingent upon such access) may at times be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of communication links or other equipment outside of our control.
Subject to the restrictions or privileges of their registration, users may post or upload Content on the Platform (User Content). By submitting User Content to the Platform, you hereby grant us a non-exclusive, irrevocable, worldwide, perpetual, royalty-free licence to use, copy, modify, display, create derivative works of, distribute and perform such User Content together with the right to sublicense the same. You also grant us the right to use the name you submit in connection with such User Content, if we choose.
You acknowledge and agree that advertising may appear on the Platform, and you hereby consent to have your User Content presented on the same page as such advertisements as we or our affiliates may serve from time to time. You also acknowledge and agree that we may store and access personal information about you in the form of “cookies” for advertising, usage tracking and other purposes relating to operation of the Platform, use of Content and provisions of Services, and that if you prohibit or restrict the use of such cookies, then your use of the Platform, Content and Services may be limited or otherwise adversely affected.
You acknowledge and agree that it is your sole responsibility to install anti-virus software and related protections against viruses and other programs or software with destructive properties that may be obtained by use of our Platform. You are also solely responsible for creating backup copies of and replacing any User Content you post on the Platform. We are not responsible for any loss, deletion, failure to store, mis-delivery or untimely delivery of any User Content you post to the Platform.
CONTENT UPLOADING & STORAGE
You agree that you will not upload or attempt to upload photos or User Content to the Platform unless blur out any personally identifiable information including faces, phone numbers and number plates using the Platform’s built-in blurring tools, or third party blurring tools unless you have written consent from individuals who are identified in the photos for their likeness or image to be displayed in photos on the Platform (and if the person is a minor, You must obtain written consent from the relevant parent of guardian for use of the minor’s likeness or image on the Platform).
You agree that you remain responsible and liable for all information shared on, through or from the Platform.
You will indemnify us and our directors, officers and employees against any action, claim, damages, liability, costs and expenses arising out of the loss, deletion, unavailability or corruption of any photos you upload to the Platform, and as a result of any claim arising as a result of failing to obtain the written consents required under this Agreement.
You acknowledge and agree that we may charge users for any portion of the Services, including but not limited to charging for storage and imposing monthly account fees.
We are not responsible for services provided by third parties which you access via Augment Space. This also applies to social networks, CRM’s, CMS’s and Portals. In these cases, the terms and conditions of the respective provider apply.
PRIVACY & CONFIDENTIALITY
In using the Platform, You acknowledge that we collect information on every user’s interactions with any of the projects. You consent to such collection and use of this information, which may include your personal information. This collected information is used to provide in depth analytics to the creator and/or account holder.
GENERAL PROHIBITED CONDUCT
You must not:
- use the Platform for any activities or post or transmit to or via the Platform, any Content, information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any applicable standards or codes;
- attempt to gain unauthorised access to any user profiles or accounts, computer systems or networks associated with the Platform;
- use another’s name, username or password without due authorisation;
- tamper with, hinder the operation of, or make unauthorised modifications to the Platform;
- knowingly transmit any viruses, worms, Trojan horses or other malware via the Platform;
- use any robot, spider, Platform search/retrieval application, or other device to retrieve or index any portion of the Platform;
- modify, adapt, translate, or reverse engineer any portion of the Platform;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Platform;
- reformat or frame any portion of the web pages that are part of the Platform;
- create user accounts by automated means or under false or fraudulent pretences;
- use the Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
- take any action that imposes, or may impose in our sole opinion, an unacceptable or disproportionately large load on our IT infrastructure;
- access the Platform, Content and online Services except through the interfaces provided by us;
- obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Platform;
- attempt any of the above acts or permit another person to do any of the above acts.
USER CONTENT PROHIBITED CONDUCT
When posting User Content on the Platform:
- you agree to only post relevant User Content;
- without limiting your obligations, you agree that it is an express condition of posting User Content to the Platform that you will not post the same message or material more than once unless there is an upload failure.
Prohibited User Content is any User Content, which comprises, contains, links to or otherwise references:
- material which is defamatory, infringing, obscene, threatening, abusive, pornographic, sexual, indecent, offensive, discourteous or unprofessional;
- material that exploits children or minors, including but not limited to nudity or partial nudity;
- material that contains viruses, Trojan horses, worms, malicious script or other corrupted files or malware that may damage or inhibit the Platform’s operations, or damage or disable any software or hardware;
- material that advertises, solicits offers or offers to sell goods or services or conduct or forward surveys (including but not limited to SPAM and junk emails), contests or chain letters;
- material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- material that promotes any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
- material that is likely to incite hatred or violence against any person or group;
- material that infringes any copyright, trade mark, patent, other intellectual property rights or trade secrets;
- material that is likely to harass, stalk, upset, embarrass, alarm or infringe another’s rights of publicity, confidentiality or privacy;
- material that is likely to deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person; or
- material which otherwise violates the legal rights of others, is unlawful, promotes and assists any unlawful acts, or beaches any applicable laws or legislation.
We do not undertake any obligation to control, research, verify, validate, or approve User Content posted on the Platform. However, we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable laws and we may at our sole discretion notify law enforcement authorities if we discover anything we reasonably believe unlawful on or happening through the Platform. Furthermore, although we have no obligation to screen, edit or monitor any User Content posted on the Platform, we reserve the right in our sole and absolute discretion to remove, screen or edit any User Content posted on the Platform at any time and for any reason without notice.
USING PHOTOS AND CONTENT
You acknowledge that photos and Content:
- may be provided via the Platform at varying resolutions;
- may be watermarked or non-watermarked; and
- may be provided via the Platform either free of charge or for a fee.
You assume full responsibility for your use of a photo and Content from the Platform. We do not represent, warrant or guarantee that photos or Content are free from copyright or other intellectual property issues.
OUR INTELLECTUAL PROPERTY RIGHTS (IPRS)
You may not use our logo or other trade marks or any trade marks similar to our trade marks without our prior written permission, including but not limited to use in domain names, metatags or keywords. The names of other companies, products or service names, brand names or logos displayed in the Platform are the trade marks of their respective owners.
FEEDBACK & COMPLAINTS
We respect the intellectual property rights of others and expect users to do the same. However, you agree that we are not responsible for any violations of any intellectual property rights in any photos or User Content posted or uploaded to the Platform. You understand that by using this Platform and its services that your photos and User Content may be publicly available to others and that we have no obligation to prevent unauthorised copying, dissemination or other use.
If you believe that any User Content or photo shown or transmitted through the Platform contains or comprises a copyright infringement, please provide us with a notice containing:
- a physical or electronic signature of the copyright owner or person authorised to act on behalf of the copyright owner;
- a description of the copyrighted work or works that you claim have been infringed (if possible, please provide us with a location where the original or an authorised copy of the copyrighted work exists, such as the URL of where it is unlawfully posted);
- a description of where the material that you claim is infringing is located on the Platform (please provide the exact URL);
- information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
- a statement that you have a good faith belief that the use of the material you identified is not authorised by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Please note that due to security concerns, email attachments cannot be accepted. Furthermore, you acknowledge that if you fail to comply with all of the above requirements, then your notice may not be valid.
Please send your correspondence to:
Augment Space Pty. Ltd.
200 Pulteney St
Adelaide SA 5000
We may give notice of a claim of copyright infringement or other complaint by means of a general notice on the Platform, electronic mail to a user’s e-mail address, or by written communication sent by registered mail to a user’s address.
SUSPENSION & TERMINATION
We may also refuse, limit, suspend or terminate Services or Content to any user without notification and without liability.
Your only right with respect to any dissatisfaction with the Platform, the Content, the Services, payment rates and methods, terms and conditions associated policies, Platform content, or change therein, is to terminate your registration, membership, profile and account.
You may terminate your registration, membership, profile and account by contacting us by email. Registered users and photographers must provide us with the correct password to complete the process. As you are required to keep their passwords confidential at all times, the disclosure of a correct password to us as part of this process will satisfy us that you are the actual account holder.
In order to terminate, you or your organisation must provide us with the correct access code and you must be the group’s representative identified in the group’s registration details to be able to authorise the closure. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of your profile and account termination where a correct password or access code has been provided, and where the group’s identified representative has authorised the termination.
AVAILABILITY OF PHOTOS AND CONTENT AFTER TERMINATION
Post termination or cancellation of your (individual or organisation), all data linked to your account will be deleted from our servers unless the user advises us to hold his information by applying for HOLD services, which carry fees according to your plan and the data size.
LINKS TO OUR PLATFORM
You may not link to our Platform without our prior written permission. If we give written permission to link to our Platform, you may use a Augment Space logo or other proprietary graphic of Augment Space as part of the link to the Platform.
OTHER WEBSITES & SERVICE PROVIDERS
The Platform may provide links to websites of other parties. The Platform only acts as a portal for accessing these websites and we have no liability based on, or related to, other parties’ content on the Platform or the linked websites, whether arising under copyright or other intellectual property rights, defamation, libel, privacy, obscenity, or any other applicable laws. We neither control nor review websites linked from the Platform; as a result, we cannot endorse the information, content, services, products, practices or policies of those websites. We make no representations or warranties regarding the accuracy or completeness of the content, information, or opinions of the other parties’ websites or their information displayed on our Platform. You visit these websites and use the information contained therein at your own risk.
Your participation, correspondence or business dealings with any parties found on or through the Platform, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You warrant and represent that we are not responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings with such parties.
FEES & PAYMENTS
Payments to or through us, including, but not limited to, upfront fees relating to Your Plan (collectively, payments) will be made in Australian currency.
All payments will be made via a linked credit card. We require you or your organisation to use the mechanisms available on the Platform for making upfront fee payments and all other payments relating to Your Plan and use of the Platform.
We reserve the right to suspend or reverse any payments in respect of any funds where the source of the funds is suspected to be fraudulent.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
THE CONTENT AND SERVICES PROVIDED ON THIS PLATFORM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY CONTENT, THE PLATFORM, ITS SERVICES, OR ANY RIGHTS OR LICENCES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE.
AUGMENT SPACE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE PLATFORM, ITS SERVICES OR CONTENT; NOR DOES AUGMENT SPACE REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE FREE FROM VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. AUGMENT SPACE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH DESTRUCTIVE OR HARMFUL SOFTWARE, PROGRAMS, VIRUSES OR FILES THAT MAY INFECT OR OTHERWISE IMPACT ON YOUR PERSONAL COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE PLATFORM OR DOWNLOADING ANY MATERIAL FROM THE PLATFORM.
AUGMENT SPACE MAKES NO WARRANTY THAT THE PLATFORM, SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
AUGMENT SPACE MAKES NO WARRANTY WITH RESPECT TO THE VALIDITY, ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON AUGMENT SPACE. FURTHERMORE, AUGMENT SPACE MAKES NO WARRANTY WITH RESPECT TO THE VALIDITY OR CORRECTNESS OF ANY INFORMATION REGARDING PROPER LEGAL USE OF ANY PHOTO. USERS ARE RESPONSIBLE FOR CONSULTING THEIR OWN ATTORNEYS TO DETERMINE THE LEGAL USE OF PHOTOS FOR PARTICULAR PURPOSES. AUGMENT SPACE ASSUMES NO RESPONSIBILITY FOR ANY ACTIONS OR LIABILITIES ARISING FROM THE POSSESSION OR USE OF CONTENT ON OR FROM THE PLATFORM.
AUGMENT SPACE DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY LINKS OR ADVERTISEMENTS AVAILABLE ON THE PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH SUCH LINKS.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY OF THE SERVICES OR CONTENT CONTAINED THEREIN OR RELATED THERETO.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT ARE AUGMENT SPACE, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF USE, ATTORNEY’S FEES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF INCOME, PROFITS OR BUSINESS OPPORTUNITIES), ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE OR ACCESS THE PLATFORM AND ITS SERVICES; (iii) THE CONTENT IN OR ACCESSED THROUGH THE PLATFORM; (iv) THE USE OF CONTENT, OR THE UNAVAILABILITY OF THE SAME, (v) YOUR RELIANCE OF ANY INFORMATION PROVIDED AT THE PLATFORM; OR (vi) ANY OTHER MATTER RELATING TO THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY ANY USER, OR ANY DEFAMATION, SLANDER, LIBEL, OBSCENITY, FALSEHOODS, PORNOGRAPHY, INDECENCY, LEWDNESS, HARRASSMENT, THREATS, ABUSE OR PROFANITY YOU MAY ENCOUNTER IN USING THE PLATFORM. YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT AUGMENT SPACE AND ITS AFFILIATES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF ANY USERS’ ACTIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE PLATFORM AND ITS SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF:
- ANY FEES COLLECTED BY AUGMENT SPACE FROM YOU FOR USING THE SERVICES OF THE PLATFORM; OR
- ONE HUNDRED ($100) AUSTRALIAN DOLLARS.
WHERE ANY APPLICABLE LEGISLATION SUCH AS THE COMPETITION AND CONSUMER ACT 2010 (CTH.) IMPLIES INTO THIS AGREEMENT ANY CONDITION OR WARRANTY AND THAT LEGISLATION VOIDS OR PROHIBITS THE EXCLUSION OF THE SAME, OUR LIABILITY FOR BREACH IS LIMITED TO, AT OUT OPTION, EITHER (A) THE RESUPPLY OF THE RELEVANT CONTENT OR SERVICES OR (B) THE REASONABLE COST OF HAVING THE RELEVANT CONTENT OR SERVICES RESUPPLIED.
Our failure to insist upon or enforce strict performance of any provision of this Agreement is not be construed as a waiver of any provision or right. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
This Agreement is made under the laws of South Australia and any claims or disputes of any kind whatsoever arising under or in relation to this Agreement are governed by those laws. You irrevocably consent and submit to the non-exclusive jurisdiction of the courts of South Australia and any courts competent to hear appeals from those courts in relation this Agreement and any claims or disputes arising under or in relation to this Agreement.
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any terms or provision in this Agreement is unenforceable for any reason, that portion is deemed severed and the remainder of this Agreement shall remain in full force and effect.