Terms & Conditions – Proactive Technology Group Pty Ltd

Your use of the Proactive Technology Group website and software application/s are governed by the following terms and conditions

Please read this information carefully. The use of the Proactive Technology Group website 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 Proactive Technology Group 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. Proactive Technology Group Pty Ltd (referred to as “Proactive Technology Group”) 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 Proactive Tours Pty Ltd or Proactive Technology Group Pty Ltd.

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


Registration Information

When registering as a user of the Proactive Technology Group website and software application/s you must provide Proactive Technology Group 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 info@practek.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 Proactive Technology Group website and 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 including unauthorised use of your or any other credit card. You must notify Proactive Technology Group immediately if you become aware of any unauthorised use of your username and 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).

The software is owned and controlled by us or our licensors. We grant you a personal, non-transferable and non-exclusive licence to use the software on a single computer solely for the purpose of using the Proactive Technology Group services, subject to these Terms of Use. We may terminate the licence at any time without cause or notice to you.

You must not access the website or software application/s by any means other than through the home page interface that is provided by us for use in accessing the website at http://www.practek.com or any other website notified to you by us.

Trade Marks

Our name and other trade marks, including the distinctive logos, that appear on the 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, estoppel, or otherwise, any licence 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.

Accuracy of information and disclaimer of warranties
The content and information you upload onto the Proactive Technology Group website and software application/s must not contain intentional errors, omissions, inaccuracies or outdated information. Neither Proactive Technology Group, 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 Proactive Technology Group software application/s will be reliable, accurate or complete and that your access to the Proactive Technology Group website 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. Proactive Technology Group will not be liable for loss resulting from any action or decision by you in reliance on the information in the Proactive Technology Group 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.

GST

Unless stated to be otherwise, charges referred to for purchasing the access license and ongoing purchases of products provided by Proactive Technology Group are GST inclusive. Where GST applies, upon your online payment by credit card, Proactive Technology Group issues you with a Tax Invoice for you to print immediately upon confirmation of the payment.


Product Pricing and Fees

The Price for products shall be paid in accordance with the Price List appearing in this website. Proactive Technology Group Pty Ltd reserves the right to change the price of products, fees and any such modifications will become effective upon the date they are first posted to the website. All prices on this site are referred to in Australian Dollars.


Payment Terms

All payments by you to Proactive Technology Group for products and fees are to be made by Visa Card or Master Card using the method prescribed in the Proactive Technology Group website and software application/s.


Your Conduct

As a condition of your licence to use the Proactive Technology Group website and software application/s you warrant to Proactive Technology Group that you will not use the Proactive Technology Group website and software application/s for any purpose that is unlawful or prohibited by these terms and conditions or any other terms, conditions and conditions appearing on this website. You agree to abide by all applicable laws and regulations.

In particular you agree not to:
~ use the Proactive Technology Group website and software application/s to defame, stalk, abuse, harass, threaten or offend others
~ publish, distribute, transmit or disseminate any material, which is unlawful, obscene, defamatory, indecent, offensive or inappropriate
~ breach any applicable laws or regulations
~ impersonate any person or entity

Proactive Technology Group has no obligation to monitor any user’s use of the Proactive Technology Group website and software application/s: however, Proactive Technology Group retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request.

You will indemnify Proactive Technology Group, its business partners, related companies, its or their directors or employees if they suffer any loss or damage or incur any costs in connection with any breach of these terms and conditions or any other legal obligation by you or your use of or conduct on the Proactive Technology Group website and software application/s.


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

Proactive Technology Group 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 Proactive Technology Group and its related companies exclude all conditions and warranties, which may be implied by law.

To the full extent permitted by law, Proactive Technology Group liability for breach of any implied warranty of condition which cannot be excluded is restricted, at Proactive Technology Group option to:
In the case of services supplied or offered by Proactive Technology Group;
~ 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 Proactive Technology Group 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 Proactive Technology Group of related companies have been advised of the possibility of such damages.

If the foregoing are held unenforceable, the maximum liability of Proactive Technology Group and related companies to you shall not exceed the amount of the price paid by you for the Proactive Technology Group 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.

Termination and Alterations by Proactive Technology Group

Proactive Technology Group, at its discretion, can terminate your license of and access to, the Proactive Technology Group website and software application/s at any time. If this happens in such event:
~ you are no longer authorised to access the Proactive Technology Group 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 Proactive Technology Group limitations of Proactive Technology Group liability set out in these terms and conditions or elsewhere on the Proactive Technology Group website will survive.


Updating the Proactive Technology Group software application/s

Proactive Technology Group may change or discontinue any feature of the Proactive Technology Group website and software application/s including product prices, content and hours of availability.
Proactive Technology Group 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 Proactive Technology Group website and software application/s after such changes or modifications will be deemed to constitute your acceptance of those changes.


Use of Location Maps

The Location mapping facility is available only for use on the Proactive Tours website and software application and you can not reproduce or use these location maps for any other purpose. If you use the location maps, other than the Proactive Tours website and software application, you will be in breach of the Copyright Laws and you will be open to prosecution under the relevant laws.