Website Terms and Conditions of Use

Version 1.0. 8 March 2023.

1. About the Website

1.1 Welcome to www.gridmo.io and www.docs.gridmo.io (the ‘Website’). The Website allows you to access and use the primary domain (www.gridmo.io) and the documentation subdomain (www.docs.gridmo.io) (the ‘Services’).

1.2 The Website is operated by GRIDMO TRADING PTY LTD, ACN/ABN 665 692 026. Access to and use of the Website, is provided by GRIDMO TRADING PTY LTD. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 GRIDMO TRADING PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GRIDMO TRADING PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

2.1 You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

3.1 The primary domain (www.gridmo.io) and the documentation subdomain (www.docs.gridmo.io) provide information about gridmo and its software platform. This information includes product details, product features, sales and marketing material, product pricing, blog content or access to mailing lists.

3.2 For the avoidance of doubt these Terms do not apply to use of the gridmo Software Platform (e.g. www.app.gridmo.io or on-premise applications). Use of the gridmo Software Platform is dictated by the Terms of Service which is a separate executed agreement between you, or your employer, or your contract principal, to access the gridmo Software Platform. If there is a disagreement between these Terms and the Terms of Service, the Terms of Service shall be enforced to the maximum extent permitted under law.

4. Acceptable use of the Service

4.1 The Service and its related features, and website must only be used lawfully. GRIDMO TRADING PTY LTD reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

1. To engage in any act that would disrupt the access, availability, and security of the Service and other GRIDMO TRADING PTY LTD services, including but not limited to:
   (i) Tampering with, reverse-engineering, or hacking our servers.
   (ii) Modifying, disabling, or compromising the performance of the Service or other GRIDMO TRADING PTY LTD services.
   (iii) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
   (iv) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by GRIDMO TRADING PTY LTD.
2. For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
3. To stalk, harass or threaten users and any member of the public.
4. To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with GRIDMO TRADING PTY LTD or any third party.
5. To access or search any part of the Service, or any other Service owned by GRIDMO TRADING PTY LTD other than our publicly supported interface, or otherwise allowed for in an applicable Terms of Service.
6. To post, upload, share, or otherwise circulate content in violation of Service’s content policy.
   

5. Security and Data Privacy

5.1 GRIDMO TRADING PTY LTD takes your privacy seriously and information provided through your use of the Website and/or Services are subject to GRIDMO TRADING PTY LTD’s Privacy Policy, which is available on the Website.

6. Data Use

6.1 GRIDMO TRADING PTY LTD collects, stores, and processes your data on the Service. The data is used to provide Services to you, as well as to facilitate GRIDMO TRADING PTY LTD’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by GRIDMO TRADING PTY LTD.

7. Copyright and Intellectual Property

7.1 The Website, the Services and all of the related products of GRIDMO TRADING PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by GRIDMO TRADING PTY LTD or its contributors.

7.2 GRIDMO TRADING PTY LTD does not grant you any rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by GRIDMO TRADING PTY LTD.

7.3 GRIDMO TRADING PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
4. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7.4 You may not, without the prior written permission of GRIDMO TRADING PTY LTD and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. General Disclaimer

8.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

8.2 Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. GRIDMO TRADING PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of GRIDMO TRADING PTY LTD make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of GRIDMO TRADING PTY LTD) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of the products of GRIDMO TRADING PTY LTD; and
4. the Services or operation in respect to links which are provided for your convenience.

9. Limitation of Liability

9.1 You agree to use the Service at your own risk. As such, GRIDMO TRADING PTY LTD shall not under any circumstances be liable to you for any damage arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.

9.2 You expressly understand and agree that GRIDMO TRADING PTY LTD, its affiliates, directors, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10. Termination

10.1 Subject to local applicable laws, GRIDMO TRADING PTY LTD reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts GRIDMO TRADING PTY LTD’s name or reputation or violates the rights of those of another party.

11. Indemnity

11.1 You agree to indemnify GRIDMO TRADING PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.

12. Venue and Jurisdiction

12.1 The Services offered by GRIDMO TRADING PTY LTD is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.

13. Governing Law

13.1 The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14. Severance

14.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.