Website Terms and Conditions of Use

Version 2.0. 18 July 2023.

1. About the Website

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

1.2 The Website is operated by GRIDMO TRADING PTY LTD, ACN 665 692 026 (‘we’, ‘us’, ‘our’). 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 and the Services, immediately.

1.3 We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

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 (gridmo.io) and the documentation subdomain (docs.gridmo.io) provide information about gridmo and its software platform (‘Software Platform’), including facilitating access to the Software Platform. This information includes product details, product features, sales and marketing material, product pricing, blog content, and access to mailing lists.

3.2 The use of the gridmo Software Platform is dictated by a separate Terms of Service which is a separately executed agreement between you, or your employer, or your contract principal, to access the gridmo Software Platform. If there is any conflict between these Terms and the Terms of Service, the Terms of Service shall prevail to the extent of the conflict and as permitted under law.

4. Acceptable use of the Website

4.1 The Website must only be used lawfully. We reserve the right to deny access to the Website to users who:

1. Engage in any act that would disrupt the access, availability, and security of the Website such as but not limited to:
   (i) Tampering with, reverse-engineering, or hacking our servers.
   (ii) Modifying, disabling, or compromising the performance of the Website.
   (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 us.
2. Use the Website for any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
3. Stalk, harass, or threaten other users and any member of the public.
4. 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 us or any third party.
5. Access the Website other than via our publicly supported web interface, or otherwise allowed for in an applicable Terms of Service.
6. Post, upload, share, or otherwise circulate content on or from the Website in violation of these Terms.
   

5. Security and Data Privacy

5.1 We take your privacy seriously and information provided through your use of the Website are subject to our Privacy Policy, which is available on the Website.

6. Data Use

6.1 You agree that we may collect, store, and process data you provide via the use of the Website. The data is used to monitor the functionality and performance of the Website, improve the functionality and performance of the Website for its users, and for our business operations.

6.2 Our Privacy Policy outlines how we collect, store, and process your personal information.

7. Copyright and Intellectual Property

7.1 The Website and all related products and services 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 Website (including but not limited to source code, object code, byte code, images, video, audio, text, business name, branding, and all documents) are owned or controlled for these purposes, and are reserved by us or our third-party contributors.

7.2 We do not grant you any right or interest whatsoever in relation to the Website.

7.3 We retain all rights, title and interest in and to the Website. Nothing you do on or in relation to the Website will transfer to you 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. 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).

7.4 You may not, without our prior written permission and the permission of any other relevant rights-holders: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website that 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. we 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 Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

8.3 Use of the Website is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, and licensors make any express or implied representation or warranty about the Website. This includes (but is not limited 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 (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website; and
4. operation in respect to links which are provided for your convenience.

9. Termination

9.1 Subject to local applicable laws, we reserve the right to suspend or deny, at our sole discretion, your access to all or any portion of the Website without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.

10. Indemnity

10.1 You agree to indemnify us, our directors, our 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.

11. Governing Law and Jurisdiction

11.1 These Terms are governed by the laws of Victoria, Australia, and the parties agree that the courts and tribunals operating in Victoria shall have exclusive jurisdiction to determine any dispute arising out of these Terms.

12. Severance

12.1 If any part of these Terms are found to be void or unenforceable by a court or tribunal, that part shall be severed and the rest of these Terms shall remain in force.