Terms & Conditions
Agreement
1. This website is operated by Decision Pro Pty Ltd (ABN 52 642 951 291) (Company).
2. This page sets out the terms and conditions of use (Terms) governing your use of the online service and delivery platform Decision Pro including, for subscribers, use of the Decision Pro Portal. The Decision Pro online services include software, services, materials, and content available on the Decision Pro and Decision Pro Portal site (referred to collectively as Decision Pro)
3. The Company cannot provide you with services until you have agreed to these terms and conditions. By clicking ‘accept’ or by using Decision Pro, you agree to be bound by these terms and conditions. You agree that these Terms form a binding agreement between you (by which we include your servants and agents and any person otherwise acting on your behalf) and the Company. Where you act on behalf of an organisation, you warrant that you have the necessary authority to enter into this agreement on behalf of the organisation.
4. This agreement may be changed at any time. You agree that the Company may change these Terms at any time. The Company may notify you of such changes by providing notice to your registered email address. Your continued use of Decision Pro after changes to the Terms take effect will constitute your agreement to the revised Terms.
Conditions of use
5. You acknowledge that Decision Pro is in active development. You are informed and you acknowledge that Decision Pro may not be error-free and may not always operate as intended.
6. You acknowledge:
a. The Company may limit or prevent access to the website temporarily for maintenance purposes. For extended periods of expected unavailability (that is, if it is expected to last between 1 and 8 hours) the Company may provide you with 3 days’ notice. For periods of expected unavailability in excess of 8 hours, the Company may provide you with 2 weeks’ notice. The notice will be sent to your registered email address; and
b. The Company may make improvements to the website, including changing the appearance, adding new functionalities, and improving features, without prior notice.
7. You are responsible for making your own assessment of the suitability of Decision Pro for your or your organisation’s purposes, as well as the suitability of any information or advice generated by Decision Pro. Without limiting the generality of this clause, you acknowledge:
a. Decision Pro is a tool which is designed to take users through a step-by-step decision-making process. It is a tool which relies on user input in order to produce output. It is not a substitute for human decision-making and must not be relied upon to make decisions or determine risks. By using Decision Pro you acknowledge and accept that the Company does not take any responsibility for the reliability or suitability of Decision Pro’s output, and any reliance you place on this output is done at your own risk; and
b. Decision Pro provides advice in the form of prompts, text, and pictures. You acknowledge that any such advice is general advice only, and is not tailored to your or anyone’s specific situation. You accept that you are responsible for evaluating the suitability and applicability of such advice (including, where necessary, by obtaining independent third party advice) prior to placing any reliance on it or acting on it.
8. The Company will not be responsible for any loss or damage arising from circumstances outside its reasonable control. This specifically includes but is not limited to liability for the theft or corruption of data.
9. You indemnify the Company, its directors, and its employees, from any loss or damage (including consequential loss or damage) sustained by you or any third party as a result of using Decision Pro, or relying on the output or advice contained within Decision Pro, to the maximum extent permitted by law.
Subscription
10. You are subscribing to Decision Pro for a term of one year.
11. Your licence type is indicated in your payment confirmation email or official invoice from Decision Pro. This entitles you to the period of usage, number of licences and support described on the Decision Pro website for that type of licence at the following link: http://decision-pro.com/buy.
12. It is a condition of your licence that you do not provide your login details to anyone else (in the case of an individual subscription) or to anyone outside of your business or organisation (in the case of a business subscription). If the Company detects or reasonably suspects that your login details are being used by an authorised third party, you accept the Company in its sole discretion may terminate your subscription and access to Decision Pro without warning or notice.
13. You may only terminate your subscription prior to the expiration of the term in the event you are unable to access Decision Pro for a period of at least 72 hours due to the service being unavailable.
14. In the event you terminate your subscription to Decision Pro, the Company will process your request to cancel your subscription as soon as possible and it will take effect from the date of your notice to us. If your subscription is terminated pursuant to this clause, you are entitled to a refund of your yearly subscription fee which is pro-rated to the balance of the term of your terminated subscription.
15. The Company may terminate your subscription immediately in the event you violate these terms and conditions, or if you attempt to access the data of other users. You are not entitled to any refund in the event the Company terminates your subscription pursuant to this clause.
16. The Company may terminate your subscription at any time upon giving you one month’s notice. If your subscription is terminated pursuant to this clause, you are entitled to a refund of your yearly subscription fee which is pro-rated to the balance of the term of your terminated subscription.
Intellectual property
17. All ownership rights and intellectual property rights in Decision Pro and the content contained on the Decision Pro Portal and website (with the exception of end-user data) are the sole property of the Company.
18. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any part of Decision Pro, in whole or in part, except as is expressly permitted in this agreement.
19. No express or implied licence of Decision Pro, or any other material contained on the Decision Pro Portal or website, is granted to you unless agreed otherwise in writing.
20. You expressly provide the Company a non-exclusive licence to use and reproduce any input or data you enter into Decision Pro for the purpose of backup, communication, development, troubleshooting or providing user assistance in relation to Decision Pro.
21. For the purposes of the Privacy Act 1988 (Cth) (as amended from time to time) and any comparable law of any other country having jurisdiction and relating to the location of data processing, you consent to the processing, obtaining, recording, using and holding of your personal data by us and/or any agent or third party nominated by us (for example, a third-party web hosting company). We will ensure any such third party access or use is strictly limited and that your data is treated in the strictest confidence.
22. You acknowledge you have read and agreed to the terms of our Privacy Policy, a copy of which is accessible at the following link: https://portal.decision-pro.com/privacy-policy
Miscellaneous
23. If any provision of this agreement is held to be void or unenforceable then such provision will be taken to be removed from this agreement. The remaining Terms will continue to have full effect.
24. These Terms and your agreement with the Company are governed by the laws of New South Wales, Australia.