Legal

Terms of use

End User License Agreement (EULA)
VIP-R System

VIP-Research Pty Ltd
ACN 163 334 852
ABN 46 163 334 852

Revision Date 30 July 2013

VIP-R License Agreement

END-USER LICENSE AGREEMENT ("EULA") FOR VISUAL INFORMATION PORTAL - RESEARCH (VIP-R) WEB/CLOUD SYSTEM product ("SOFTWARE PRODUCT")

THIS IS A LEGAL AGREEMENT.

VERY IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE YOU USE THE "SOFTWARE PRODUCT":

The VIP-R End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) ("THE LICENSEE") and VIP-Research Pty Ltd ("THE OWNER")) for access to the VIP-R Cloud System software product(s) (SOFTWARE PRODUCT) which includes all associated software components, data components, media, printed materials, and all "online" components, systems, web code, programs, analyses, menus, charts, analyses, icons, data, databases and electronic documentation which constitutes the "SOFTWARE PRODUCT".

By installing, copying, accessing,, loading or otherwise using the SOFTWARE PRODUCT, THE LICENSEE agrees to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the use of the SOFTWARE PRODUCT between THE LICENSEE and THE OWNER, and it supersedes any prior proposal, representation, or understanding between the parties.

If THE LICENSEE does not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed for a limited period, not sold.

THE OWNER licenses THE LICENSEE a maximum number of copies/users of the SOFTWARE PRODUCT that can be installed or accessed on THE LICENSEE'S computers/tablets/servers/phones or any other technology devices ("TECHNOLOGIES") that can be utilised to access THE SOFTWARE based on the terms for the number of licenses agreed to in writing in THE OWNER'S invoice. If THE LICENSEE does not have an invoice from THE OWNER or is not aware of the number of copies that have been licensed and/or have already been installed/allocated/used, do not install, access or use the SOFTWARE PRODUCT until it is confirmed in writing from THE OWNER that THE LICENSEE (a) has a valid license to install/use THE SOFTWARE and (b) has not already installed, allocated or is being used by the maximum number of users of THE SOFTWARE under the terms of the license.

1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

(a) Access and Use.
THE OWNER grants THE LICENSEE the right to access and use a maximum number of copies/users of the SOFTWARE PRODUCT on THE LICENSEE'S TECHNOLOGIES on THE LICENSEE'S premise(s) running a validly licensed copy of the operating system/browser for which the SOFTWARE PRODUCT was designed. The SOFTWARE PRODUCT can be accessed by the maximum number of users allowable which is displayed on the LICENSEE's invoice OR the SOFTWARE PRODUCT can be installed on multiple TECHNOLOGIES but must only be accessed by the maximum number of users according to the terms of the LICENCEE's license based on the terms for the number of licenses agreed to in writing on THE OWNER'S invoice. In the situation where THE LICENSEE has elected to access the SOFTWARE PRODUCT on a number of TECHNOLOGIES, each piece of Technology is deemed to use one concurrent licence.
(b) Number of Copies.
In the case where the SOFTWARE PRODUCT has been licensed to an entity, the number of installations/concurrent users of the SOFTWARE PRODUCT cannot exceed the number of licenses subscribed to by the entity without written permission from THE OWNER. Thus if THE LICENSEE has a 5 user license, the SOFTWARE PRODUCT may be accessed on a maximum of 5 users.
(c) Backup Copies.
As the SOFTWARE PRODUCT is a Cloud Based solution, no Backup Copies are required.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

.

(a) Maintenance of Copyright Notice
THE LICENSEE must not remove or alter any copyright notices on any and all screens/pages of the SOFTWARE PRODUCT
(b) Distribution
THE LICENSEE may not distribute user codes, passwords or any other access information or components or data or parts thereof supplied or loaded by the OWNER to third parties or exceed the number of users accessing THE SOFTWARE PRODUCT that THE LICENSEE has ordered across the entity. Portable machines such as laptops, tablets, phones that are used by THE LICENSEE staff for business related to THE LICENSEE and involve off premises travel, are permitted to utilise THE SOFTWARE outside of the confines of their work/business premises provided that the user using the portable machine is counted as one of THE LICENSEE's listed licenses..
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly
THE LICENSEE may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components of the SOFTWARE PRODUCT or any data/ documentation or parts thereof supplied with the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or with express written agreement from THE OWNER.
(d) Prohibition of transfer of data and/or Analyses to other systems
THE LICENSEE may not transfer, export, extract, access data or Analyses supplied with the SOFTWARE PRODUCT to/from other products/systems other than those provided expressly permitted within the SOFTWARE PRODUCT and described in the online documentation of the SOFTWARE PRODUCT or the extent that such activity is expressly permitted by applicable law notwithstanding this limitation or with express written agreement from THE OWNER. Where information from the SOFTWARE PRODUCT is used outside of the SOFTWARE PRODUCT website, an appropriate acknowledgement is made (retaining all rights of the Copyright owner(s)) and the material is not subjected to derogatory or illegal or unethical treatment apart from any other use as permitted under the Copyright Act 1968 (Cth), all other rights are reserved.
(e) Provision of Access
THE LICENSEE may not reproduce, copy, download, scrape, distribute, store, communicate, publish, transmit, transfer, sell, rent, lease, or lend the SOFTWARE PRODUCT or any of its data, structures, analyses, components or outputs to individuals or organisations external to the LICENSEE's organisation unless THE LICENSEE has received express written agreement from THE OWNER.
(f) Support Services
THE OWNER may provide THE LICENSEE with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Any supplemental software code provided to THE LICENSEE as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(g) Compliance with Applicable Laws
THE LICENSEE must comply with all applicable laws regarding use of the SOFTWARE PRODUCT

3. TERMINATION

Without prejudice to any other rights, the OWNER may terminate this EULA if THE LICENSEE fails to comply with the terms and conditions of this EULA. In such event, THE LICENSEE must cease to use or have access to the SOFTWARE PRODUCT and all components. Termination by THE OWNER can occur if the LICENSEE fails to maintain the required payment terms for subscription to THE SOFTWARE. The date payment is required to avoid TERMINATION for non-payment of subscription fees will be shown on THE OWNERS Invoice. As the Due Date.

4. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by THE OWNER. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of THE OWNER and any respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants THE LICENSEE no rights to use such content. All rights not expressly granted are reserved by THE OWNER and respective content owners.

5. WARRANTY

THE OWNER expressly disclaims any warranty for the SOFTWARE PRODUCT other than that expressly stated by the applicable laws. If the SOFTWARE PRODUCT requires an installation medium and it is corrupted or damaged, it will need to be returned to the OWNER and a new copy will be provided to the licensee.

The SOFTWARE PRODUCT is provided 'As Is' without any additional express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. THE OWNER does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. THE OWNER takes reasonable care to ensure that useability of the SOFTWARE PRODUCT but makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. THE LICENSEE assumes full and complete responsibility for the use of the SOFTWARE PRODUCT and any information/data derived from it. THE OWNER further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

While THE OWNER will take reasonable steps to ensure the accuracy and performance of the SOFTWARE PRODUCT and associated components in no event shall THE OWNER be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if THE OWNER has been advised of the possibility of such damages. In no event will THE OWNER be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. THE OWNER shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

7. COMMUNICATIONS

All queries, concerns, requests or any other license, access or usage related issues should be emailed to
info@vip-research.com.au.

VIP-Research Pty Ltd Privacy Policy

ACN 163 334 852
ABN 46 163 334 852

Revision Date 30 July 2013

VIP Research Pty Ltd ("VIP Research") respects your rights to privacy. Please be assured that the details you provide to VIP Research will not be disclosed to any untrusted third party whatsoever. We ask for your details only for the purpose of performing the ordering process and to keep in contact with those people that choose to subscribe to receive our various services.

1. General

  1. By using this Website you agree to the privacy policy of VIP Research Pty Ltd ("VIP Research") as set out below.
  2. VIP Research will review this Privacy Statement periodically and reserves the right to modify portions of this Statement at any time and at its discretion. It is recommended you review these pages periodically for an update on any changes.
  3. For the purposes of this Privacy Statement, Personal Information means information, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
  4. This Privacy Statement will not apply to websites which are linked to this Website and over which VIP Research has no control. You should check the privacy policy of any other website you enter.
  5. In this Privacy Statement, a reference to "National Privacy Principles" means the Australian "National Principles for the Fair Handling of Personal Information".

2. Collection

  1. You are welcome to browse our website without ever providing us with your Personal Information. However, if you wish to update information, supply additional information or delete information, you will, for legitimate reasons, be required to provide us with certain Personal Information so that we are aware of whom we are communicating with.
  2. We only collect such Personal Information as is required for the purpose of identifying you for your own security and confirmation that you are a person that is authorised to maintain the account.
  3. Any personal or contact information that we collect can be viewed upon email request to info@vip-research.com.au.
  4. If you do decide to provide us with Personal Information, we will retain that Personal Information.
  5. By choosing to provide Personal Information on our Website, you consent to our collecting and retaining that Personal Information.
  6. We will collect Personal Information in a lawful and fair way, and not in an unreasonably intrusive way.

3. Use and disclosure

  1. VIP Research does not give, sell, rent, share, or trade any personal information regarding our Clients to third parties, except as set out in below.
  2. All VIP Research employees are subject to confidentiality agreements in respect of client's details, ordering and usage habits.
  3. When we collect Personal Information on our Website, we may use this information to:
    • provide you with the services you have requested, or meet the purpose for which the information was submitted;
    • upgrade, enhance and personalise your experience within the Website, or tailor our information, services or products for you;
    • contact you for direct marketing or other promotional purposes;
    • create aggregate data about our clients, such as demographics and other statistics to provide to potential and existing stakeholders, and to allow for more efficient operation of this website.
    • determine your liability to Australian GST.
  4. By choosing to provide Personal Information on our Website, you consent to our using your Personal Information as set out in section 3(c) above.
  5. Personal Information that you submit to our Website may be disclosed to a third party:
    1. to the extent necessary, to provide the service you have requested or to meet the purpose for which it was submitted;
    2. if we have informed you of the particular third party to whom it will be disclosed, at the time of collection;
    3. in order to participate in activities with business partners and sponsors, who will be identified to you when the relevant Personal Information is collected;
    4. to the extent necessary to carry out the uses which are set out in section 3(a) above;
    5. if the disclosure is:
      • required by law;
      • permitted by the National Privacy Principles;
      • necessary to co-operate with a judicial process or a law enforcement agency;
      • necessary to protect and defend the rights or property of VIP Research, this site, or participating sites; or
      • necessary to lessen or prevent unlawful activity or serious threats to individuals, public health or safety.

4. Data Security

We will take reasonable steps to protect Personal Information from misuse, loss, and unauthorised access, modification and disclosure.

5. Non-Personal Information

  1. We may decide to use and disclose non-personal information in aggregate data. For example, we may decide to disclose aggregate average data for statistical purposes to current or potential stakeholders in VIP Research or for determining future marketing plans or upgrades to our website.
  2. Apart from mandatory information we need to provide our services to you, there may be data that does not personally identify you collected to monitor and improve our service. For example, when a web page is visited the URL of the page is recorded together with the time and date and the browser software being used.
  3. Each time you log into your account on our website, our web server will issue you with a cookie to authenticate you as the account holder. This cookie will expire after a certain time of inactivity by you, after which time you will be required to log back in.
  4. Once you are logged into your account on our website, specific or aggregate information may be collected and logged for security purposes. For example, our server recognises your domain name, IP address and the pages that you visit. These logs may be used for the resolution of problems and disputes.

6. Access and Correction

  1. We will take reasonable steps to ensure that the Personal Information we collect is accurate, complete and up-to-date.
  2. See 2(c) for access to the Personal Information collected from you.
  3. The Personal Information collected can be changed by emailing your account number and the details you wish amended to administrator@vip-research.com.au and please mark to the attention of the "Privacy Policy Manager".
  4. Details of your financial transaction history can be made available upon email request to accounts@vip-research.com.au.

7. Consent

You consent to the use or disclosure of your Personal Information in circumstances which are:

  1. set out in this Privacy Statement;
  2. clearly explained to you at the time when the information is collected from you; or permitted under the National Privacy Principles

8. Disclaimer

VIP Research and this Privacy Statement may be subject to applicable legislation, regulations and codes of practice. To the extent that this Statement exceeds the minimum obligations of VIP Research under the Commonwealth and Territory legislation, this Statement serves as a documentation of our voluntarily self-imposed standards. While we are determined to meet those standards as best we can, to the extent permitted by law, VIP Research is not liable if it does not adhere to any of these voluntary self-imposed standards, for any loss, liability, costs, expense or damage arising as a result of VIP Research failing to meet any of the voluntarily self-imposed standards in this Statement.

If you have further questions please email info@vip-research.com.au

© VIP Research Pty Limited 2013